As Is Contract for Sale and Purchase #1
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
HAs Is" Contract For Sale And Purchase
11"
PARTIES: COLLIER COUNTY, a Political Subdivision of the State of Florida ("Seller"),
and Ruth Darlene Parlier, a single woman ("Buyerj,
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collective~ "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda (.Contract~):
I, DESCRIPTION:
(a) Legal description of the Real Property located in COLLIER County, Flonda. Lot 18, Block 238, Golden
Unit 7, recorded in Plat Book 5, Pages 135 through 146, ~ncluSlve,PubllC Records of Colller county, Florlda
(b) Street address, city,zip, of the Property: 5031 32nd Avenue SW, Naples, FL 34116
(cl Personal Property includes existing range(s), refrigerato~s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below,
Other items included are: Central Air Conditioning, Wall-to-Wall carpet, and Garage Door opener.
l'
2'
3
4
5
6'
T* Gate
8'
9
10
12'
13. Items of Personal Property (and leased items, if any) excluded are: rSrlge(s}, refrigerstor(s) and dishwasher(s} referenced in (c) above
14'
$ 112,700.00
15' II. PURCHASE PRICE (U.S. currency):
16 PAYMENT:
17'* (a) Deposit held in escrow by Stewart Title Co. ("Escrow Agent'1 In the amount of(checkssubjeCt to clearance) $ 1,000.00
18* Escrow Agent's address: 3.936 Tamiami T)::. N., SUlte A, Naples fL 34103 Phone 239 262 2~63
1 g. (b) Additional escrow deposit to be made to Escrow Agent within ..:-=-- days after Effective Date in the amount of, .
20. (cl Financing in the amount of ("Loan Amount") see Paragraph IV below
21. (dl Other .....~J!:J? ~.I.~~-? ;1..1.~ .T~f9.u,qli. +;17.
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s). subject
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
26. before 15 days , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. UAIea& other-
27 "'i.. .toted, the Ii"'. lQr "c.pt""". of ___ be 2 day. from t~e dale the counte_ i. d.lI,"1'8d
28 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or Inltlaied 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 9Fr# 3l3plicable. tho final cGblntar0f.f9r.
31 IV. FINANCING:
32. Q (a) This is a cash transaction with no contingencies for financing;
33' ill (b) This Cootraot Is contingent on Buyer obtaining written loan commttment whk:h confirms undenwritlng loan approval fa a loan to purchase
34' the Property ("Loan Approval") witf1in _ days [d blank, then 30 days) after Effeclive Date ("Loan Approval Date') tor (CHECK ONLY
35' ONE): ill a fixed; Cl an adjustalbte; a Cl a fixed or adjustable rate loan, In the Loan Amount (See Paragraph 1I,(c)) at an Initial interest rate not to
36' exceed %, and tor a term of _ years, Buyer will make application within _ days [d 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 Approve!
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condttion related to the sale of other property shall
39 not be deemed Loan Approval for purposes 01 this subparagraph. Buyer shall pay aU loan expenses. Buyer authorizes the mortgage broker(s) and
40 lend~s) to disclose information reganding the condltlons, status, and progress of loan applk:atlon and Loan Approval to Seller, Seller's attorney,
41 real estate Ik:ensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Cootraot by
43 deliveling written notlce ("Sellers Cancellation Notice') to Buyer, but nollater than seven (7) days pria to Closing. Seller's CanoeIlation Notk:e shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waMng this Financing contingency, or the Coofract shall be canceled.
45 DEPOSIT(S) ~or purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonaJble diligence but does nOl obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the depos'(s) shall be retumed to Buyer, ~ Buyer obtains Loan
47 Approval or waives this Rnancing 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 10: 10 Seiler's fajlure or refusal to close or SeUer otherwise fails to meet ths terms of the Contract, or OQ Buyers lender
49 fails 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) shaD be
50 returned to Buyer.
51. Q (e) Assumption of existing mortgage (see rider for terms); or
52. Q (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53' V, TITLE EVIDENCE: At least ---2... days (d blank, then 5 days) before Closing a mle ",surance comm,ment with legible copies of Instruments listed as
54 exceptions attached thereto ("Title Commitment') and, atter Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by:
55' (CHECK ONLY ONE): Q (1) Seller, at Seller's expanse and delivered to Buyer or Buyer's attorney; or
56' Gl (2) Buyer at Buyer's expanse.
57' (CHECK HEI'lE)" Q If an ob.tr.ct~tltle."'-t<>b9-j..mi.~ed~stea<klWitl.. in...ronc9, ong.attaGIHldOf-f<><. t~
58. VI. CLOSING DATE: This transaction shall be closed and the closing cbcuments delivered on *""~F.F. T TNR 11 q ("Closing'). unless
59 modified by other poovisions of tf11s Contract. In the event ofaxtreme weather a other cond,lons a events const~uting "force majeure", Closing will be
60 extended a reasonable time until: (ij restoratlon of uti'ies and other services essent~ to Closing, and OQ avalabiity of Haz..u, Wine, Rood, or Homeowners'
61' insurance. ~ such condttions continue more than _ days [IT bieri<, then 14 days) beyonc Closing Date, then 9ither party may cancel this Cootract.
$2,381.00
$ 84,525.00
$ 24,794.00
$
0.00
FAR/BAR ASIS-2 Rev. 9/07 02007 Florida AssocIation of REAlTORS- and The Rorlda Bar All Rights Reserved Page 1 of 5
62 VII, RESTRlcnONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibttlons and other requirements Imposed by governmental euthorlty; restrictions and matters appearing on the piat or otherwise
64 common to lhe subdivision; outstandln9 011, gas and minerai rights of record without right of entry; unplatted public utility easements of record
65 Oocated contiguous to real property lines and net more than 10 feet In v.;dlh as to the rear or front lines and 7 1/2 feet In v.;dth as to the side
66 lines); taxes for year 01 Closing end subseouent years; snd assumed mortgeges and purchase money mortgages, II any Of additional ttems, see
67'''" addendum); prO\llded. that there exists at ClosIng no violation of the foregoing and none prevent use of the Property for re s ident ial
66' purpose{s).
69 VIII, OCCUPANCY: Seller shall deliver occupency of Property to Buyer at tlms of Closing unless otherwise stated herein. II Proparty 181ntBRdod
70 \oberenledOKJeeU~beyendGIo5ing,llle-fect ane-t__end \fle.tenenljs)-ef~__.""'""""'.tG-~
11 "'-II~ebe<JeI_bo1ereGleelA!t.-Buyer-_.ell-fIek&<>1-1es&'e-PropeFly-fr_e___be-~BRdIlabIo
711 fer-maifttenanee--froRHheI-<Jate;.end_lle-eeeme<I-te-_<><>oet>l"'PfO!'>Or1y-iflttBOJ<IeIiAfl-tlen-a5-<>l-tlme-el-t~
73 IX, TYPEWRITIEN OR HANOWRITIEN PROVISIONS: Typewritten or handwrttten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75' X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer Q may assign and lhereloy be released from any further liability under this Contraot; Q may
76' assign but not be released from liability under this Contract: or!3 may not assign this Contract.
77 XI. DISCLOSURES:
76 (a) The ProPerty may be subject to unpaid special assessment IIen(s) Imposed by e public body ("public body" does net Include a
79 Condominium or Homeowners' Association), Such lien(s), If any, whether certified. confIrmed and ratified, pending, or payable in installments.
60' es of Closing, shall be paid es lc1lows: Q by Seller at closing cJ by Buyer (n lelt blenk, then Seller at Closing), If the amount of any
61 assessment 10 be paid by SeUer has not been flnal~ determined as of Closln9, Saller shall be charged at Closing an amount eoual 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 Aorlda.
85 Additional Information regarding radon or radon testing may be obtained from your County Public Health unit.
66 (c) MOld is natural~ occuning and may cause heatth risks or damage to property, If Buyer Is concerned or desires addnlonal information
87 regarding mold, Buyer should contact an appropriate professional.
68 Id) Buyer acknowledges receipt of the Flortda Energy-Efficiency Rating Information Brochure required by section 553.996, FS.
69 Ie) If the Real Property includes pre- 1976 rssldential housing, Ihen a lead-based paint rider Is mandatory.
90 (Q If Saller Is a '~orelgn parson" as defined by the Foreign Investment in Rea 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 nON/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON 1HE SELLER'S CURRENT PROPERTY TAXES i>S THE AWOUNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGtlTED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CI-WKlE OF OvVNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF TtE PROPERlY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE AN'( OUESTlONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRf>JSER'S OFRCE FOR INFORMATION.
97 XII, MAXIMUM REP,l\IR COSTS: DELETED
96' XIII. HOME WARRANTY: Q Seller Q Buyer i3' N/A 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 heve ~ days from Effective Date ('Inspection Period") within
101 which to have such Inspections of the Property performed as Buyer shall desire end uU/it/es service shall be made available by tha
102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such Inspections end repair 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 determines, In Buyer's sole discretion, that the Property Is not accepteble to Buyer, Buyer may cancel this Contract
105 by delivering facsimile or written notice of such election to Seller 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 XIV. 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 a/l repairs and Improvements
110 required by Buyer's lender,
1 I 1 XV, RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are appllceble AND are attached to and made part of this Contract:
I I 2' Q CONDOMINIUM Q VMHA Q HOMEOWNERS' ASSN. Q LEAD-BASED PAINT Q COASTAL CONSTRUCllON CONTROL LINE
113' Q INSULATION o EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) Q Other Comprehensive Rider Provisions Q Addenda
114' Special Clause{s):
11S*..Buyer will receiveS33,810 from the Collier County Neighborhood Stabilization Program. Buyer will use
116. $24,794 (22\ of the purchase price) for principal reduction and the remaininq balance of$9,016 will be used
117* for closing costs, prepaid items, and any discount points associated with the first mortgage transaction.
118-
119. ..The transaction shall be closed on or before ninety (90) days from the effective date.
120*
121.
122'"
123'"
124.
125'
126 XVI, "AS 15" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS 15" Standards): Buyer and Seller acknowledge reoelpt 01 a copy
127 01 "AS ISN Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FARI8AR ASI$-2 Rev. 9/07 C 2007 Rorida Association of Rf),LTORS. and The Florida Bar All Rights Resorved Page 2 of 5
128
129
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
130
131
132
133
134
THIS 'AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the pertles in a
particular transactIon. Terms and conditions should be negotiated based upon the respective Interests, objectives and bargaining
positions of all Interested persons.
AN ASTERISK('VfLLOJjNG A L1~E NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BlANK TO BE COMPLETED,
135' ~/tJ. ra",fitAJ /:J-d9~/{) Seller Signature aelow
1'36 (BUYER) RUTH DARLENE PARLIER (DATE)
(DATE)
(SELLER)
1~7. Seller Signature Below
138 (BUYER) (DATE) (SELLER) (DATE)
139. Buyers' address for purposes of notIce PO Box 11743 Sellers' address for purposes of notlceCollier Cnty c/o RPM
140. Naples, FL 34101 3335 Tamiami Tr E, Suite 101, Naples, FL 34112-5356
141. 239-777-8483 Phone (239) 252-8991 Phone
142 BROKERS: The brokers Qncludlng cooperatingbrokere,ffany)-named beioware the only brekers enmled to compensation In oonnectlen.witA
143 lhisCentraok
044' Name:
146 CoepefB""9.Brok.....-ilany L1.Ilng-Broke,
CONVEYANCE APPROVED BY Bce:
DECEMBER 1,2009 - ITEM 17aand MAY 11,2010 - ITEM 16Dl
DATED:
/ / ~ / 201/
ATTEST:
.,
SELLER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY 'Fred :~'~~h::::an c~
/'/~
DWIGHT X. BR'OCK "r
~~Je
~est "'to?~1',Iiatt i
'J14iR.t.~ 011,1:(, :
. , '
Approved as to form
and legal sufficiency:
. ~1)rJ~
Jennifer White,
Assistant County Attorney
Property Address: 5031 32ND AVE SW, NAPLES, FL 34116
FAR/BAR ASIS-2 Rev, 9/07 C 2007 Florida Association of RE:ALlORS- and The Florida Bar All Rights Reserved Page 3 of 5
146 "AS IS. STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer.
'48 an owner's policy of title insurance in the amount of the purchase price. Insuring Buyers marketable title to the Real Property, subject only to matters contained
149 In Paragraph VII and those to be dIscharged by Seller at Of before Closing. Marketable title shall be determined according 10 applicable Title Standards adopt-
150 ad by authority of The Florida Bar and in accordance wtth law. Buyer shaY have 5 days from date of receMng the Title Commitment to examine it, and if title is
151 found defective. notify Seller in wr~ing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the
152 defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Se"er eithe!': (1) extending the time for a reason.
153 able period not to exceed 120 days wnhln which Seller shall use dlliger11 effort to remove the defects: Of (2) requesting a refund of depostt(s) paid which shall
154 be returned to Buyef'. If Buyer fails to so notify Seier. Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable,
155 use dmgent effort to correct defect(s) within the time provided. If, after diligent effort, Seller Is unable to timely correct the defects, Buyer shall either waive the
156 defects. or receive a refund of deposit!s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title
157 Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
158 to examine same in accordance with this "AS IS. Standard.
159 B. PURCHASE MONEY MORTGAGE: SECUAIlY AGREEMENT TO SEL.LER: A purchase money mortgage and mortgage note to Seller shall provide for a
180 30 day grace period in the event 01 default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shaH provide for right of prepayment:
161 in whole or in part without penalty: shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept
162 in good standing; shall forbid modifications of, or Mura advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a
163 standard mortgagee clause covering all Impmvement:s located on the Real Property against fire and all perils Included within the term "extended coverage
164 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
165 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-
166 gages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located In the county wherein the
167 Real Property Is located. All Personal Property aRd"Ieas~~a88igAeEl will, at Seller's option, be subject to the lien of a security agreement evi-
l e8 denced by recorded or filed financing statements or certificates of title, If-u.ballooAmortgago,theflnal'P6Yment wiHexoeedttleperiodlc"payment&1her90n.
169 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-
170 fied by a registered Florida surveyor, If the survey discloses encroachrt:lents on the Real Property or that improvements located thereon encroach on setback
171 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
172 0, WOOD DESTROYING ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrants and repre&ents that there is ingress and egress to the Real Property sufficient for its intended use as described
174 in Paragraph VII hereof and title to the Real Property is insurable in accordance with -AS IS. Standard A without exception for lack 01 legal right of access.
176 F. lEASES, Seller.llejleHeeell{}dey.IleIOfe Glesing,fum;oh \0 Eluyot'oopiee of 011 wrIt1....1eesooern>..tOllfilOJ lot1_from - t~.peoilying4he-f18I"",
l760AEfduratien-cf-thetcnant.~.oooupaney;"fOntol-'fatOO;-{}dv~.rontand-eeeuritydopomto-paldbytonaAt-:"'lf"SelIef-l&-unabl&.toOOtalR-SUGA-.Iettef..ffomeaGl'l.teA-
H7aflt-;".the.-same-tnformation--ehelIw.fUfftiGhOO-by",Seller-te-8uyer-withlnthot"time.pcriOO-in-.ttle.formot-a-8eIIef-'e-afftdaYit;-and.Buyef--may-tt16feaftef-OORta~"'teA-
1-78 antto-oonfwmeuohinformation..Utl1etOfme-oftl1e looGOG differmatoriallyfroffi Sellor'sroprooontations,8UYOfmay lerminate-thieContractby delivering written
14-9 AOt-lee-t&-8eIIef..tlt...1east-6-ooya-priof-to-GlooiAg......Sollef--sholk-at-GIe6iRij",-delWOf--Ooo{lOOigA-~t&-~
180 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
181 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~
182 diately preceding date of Closing. If the Real Property has been Improved or repaired within that time, Seller shall deliver releases or waivers of construction
183 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidav~ setting forth the names of all such gen-
184 eral confractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
185 construction jlen or a claim for damages have been paid or will be paid at the Closing of this Contract.
186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is kx:ated at the offICe of the attorney or other closing agent ("Closing
187 Agent") designated by the party paying for title insurance, or, If no title Insurance, designa1ed by Seller.
188 I. TIME: Calendar days shall be used In computing time periods except periods of less 1han six (6) days, in which event Sa1urdays, Sundays and state or nation-
189 allegel holidays shaK be excluded, My time periods provided for hemin which shall end on a Saturday, Sunday, or a legal holiday sMl extend to 5:00 p.m. of the
190 next business day. Tlme Is 01 the esaence in this Contract. *Statutory Deed sill of Sale
191 J. CLOSING DOCUMENTS: Seller shall furnish the deed;.bjQ..ofsale,,,oortifioateoHitle, construction lien affldavit, owner's possession affidavit, aoolgnmeAt&-ot-lea6-
:!-.Q2 06,teAaAtand.fTlOftgOgOIHlalOppoHottero and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statemerrts.
193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by SelIef.*AII costs 01 Buyer's loan (whether obtained *Buyer
194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
196 Unless othef"volise provided by law Qf..ridef-to-thi&.Gentroet, charges for related Closing seNlces, title search, and closing fees (including preparation of closing
197 statement), shafl be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property sh8~ be prorated through the day before Closing.
199 Buyer shaN have the option of taking over existing policies of insLl'ance, if assumable, in which event premiums shall be pltlfated. Cash at Closing sha. be
200 il1Cfeased Of decreased as may be required by prorations to be made through day prior to Closing, or occupancy, i1 occupancy occurs before Closing. Advance
201 rent and security deposits wiil be credited to BuyOf'. Escrow deposits held by mortgagee wHI be credited to SeMer. Taxes shall be prorated based on the CUlTent
202 years tax w~h due allowance made for maximum ailowable discount, homestead and other exemptions. If Closing occurs at a date when the cUfrent year's mill-
203 age Is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
204 ment is not available, then taxes will be prorated on prior year's tax. If there are completed Improvements on the Real Property by JanUSfy 1 st of year of Closing,
205 which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equ~able assess.
206 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
207 account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill.
208 M. (RESERVED - purposely left blank)
209 N, INSPECTION AND REPAIR: DELETED
210 O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss"') before Closing and cost of restoration (which
211 shall include the cost of pruning or removing damaged trees) does not exceed 1 .5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
212 Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of Ooslng, restoration costs will be escrowed at Closing. If
213 the cost of restoration exceeds 1,5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposit(s)
:214 thereby releasing Buyer and Seller from all further obiigatlons under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu-
215 ral occurrence shall be the cost of pruning or removal.
216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If the title agent insures adverse matters pursuan1 to Section 627.7841,
217 F.S" as amended, the escrow and clOSing procedure required by this "AS IS~ Standard shall be waived. Unless waived as set forth above the following
FARlBAR ASIS-2 Rev. 9/07 Cl 2007 Florida Association of REAlTORS- 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 period of not more than 5 days aRer Closing; (2)
220 if Seller's t~le is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and SeHer shaR
221 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 and closing funds shall, upon
222 wrttten demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
223 .Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale: and (4) If Buyer falls to make timely 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 01' bill of sale.
226 a, ESCROW: Iv'ry Closing Agent or escrow agent (callectively "Agent") 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 conditiOns of this Contract. Failure of funds ta
228 clt;\8r shall not excuse Buyers performance. If in doubt as 10 Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con-
229 time 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 dotermlne the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdictIon of the dispute. An 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 fully terminate, except to the extent of accounting for any Items previously delivered out of escrow. If 8 licensed real estate broker, Agent will comply with
233 ~rovislons 01 Chapter 475, FS., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereund6l", or in
234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to
235 be paid from and out 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 ta any party or person for misdelivery to Buyer or Sellef of items subject to the escmw, unless such misdelivery is due to willful breach of the provisions of this
237 Contract or gross negligence of Agent.
238 A. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of thls COntract. the prevailing party in such liti~
239 gatlon, which, far purposes of this ~ fJ.S ISM 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 SeUer shall be relieved of all obligations under this Contract; or 5eIler,
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 Soller's title mar-
245 ketable after diligent effort. Seller fails, neglects Dr refuses to perform this Contract, Buyer may seek. specifiC performance or elect to receive the return of Buyer's
246 deposlt(s) without thereby waiving any action for damages resulting from Seller's breach.
247 T. CONTRACT NOT RECORDABLEj PERSONS BOUND; NOTICEj COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
248 This Contract shall bind and inure 10 the benefit of the parties and their successors In interest. Whenever the context permits, singular shaM inch.Jde plural and
249 one gender shall include all. Notice and delivery given by or to the attorney or broker representing arry 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 (including ~pdf") copy of this
251 Contract and any signatures hereon shall be considered for atl purposes as an orIginal.
252 U. CONVEYANCE: Seller shall convey marketable title to the Reel Property by etatutory WBffanty,tfustee?6;-~,~iaA~ deed, as
25'3 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those ott1elwise accepted by Buyer. Personal Property shall, at the
254 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.
255 V. OTHER AGREEMENTS: No prior or present agreemonls or representatIons shall be bInding upon Buyer or Seiler unless included in this Contract. No mod~
256 iflcation to or change In this Contract shall be valid or binding upon the parties unle6S 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 Wamtnty and makes no representation of any type, either expreS$ or Implied,
259 as to the physical condItion or history o( the PropfJlty; (3) Seller has receivea no written or verbal notice (rom any governmental entity or agency 8.
260 to II currently uncorrected building, environmental or safety code violation; (4) Seller has no knowleQge of any repairs or Improvements maae to the
261 Property without compliance with governmental regulation which have not been disclosed to 8l1Y&(.
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 ae of Effective Dale, ordinary wear and tear and Casuatty Loss excepted. Seller shall, upon
264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including 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 all
266 assignable repair and treatment contracts and warranties to Buyer at Closing,
z?&t Vo103+ EXGHANGEHf-eithef,SeftefflFBuym-wian.,to.enter-iflt(}&like*ind,cKOhangfr{eithefsifnultonoetl&with-,GIosiny,or-defomxj)"with"reepeot"t&"the~
288 undef.Seetm403l-oH-he-IAteFnal-ReveAU&"Gode-..(-~&.ohenge-'1,the-etAef-PaFtV-5Ra1l-GOGperat&-ffl-a\l-reasenable'.re5peGtS-tG-eff6Gtuate-the-Exchange;-rolid-
289 In!tthe'''''__!l\-pr_",)4h<r_atiflg-paf\;'"ohoy..;'lOUf'n&IiabiIl''''''''e'l'<l_teO-l<>-~)4h<r~
279 ~UfJOflcflOf-"'''''de&or.<leIayed~B<G''''_
271 Z. BUYER WAIVER OF ClAIMS: BlIYer waives any claims against Seller and, to the extont permitted by law, agaiMtarty-real-e6tate-IIoefJ6ef1-Jnvolved
272 in the negotlaUon of the Contract, (or any aefeefs or other a.mage that may exist at Closing o( the Contlllct and be subsequently discovered by the
273 Buyer or anyone claiming by, through, under or against the Buyer.
FARlBAR ASIS.2 Rev. 9/07 Q 2007 Florida Assodatkm of AEALTOflS- and The Aorlda Bar All Rights Reserved Page 5 of 5
MEMORANDUM
Date:
January 5, 2011
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract for Sale & Purchase: 5031 32nd Ave SW
Attached is one (1) original for each document referenced above (Agenda Item
#16Dl) approved by the Board of County Commissioners on Tuesday, May 11,2010.
After processing please forward a fully executed copy to the Minutes & Record's
Office for the Board's Official Record,
If you have any questions, please contact me at 252-8411,
Thank you,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prinl on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to [he Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Co~plete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the
eXl.:etltion of [he Chairman's si2nature, draw a line through routing lines #1 throug~~4, complete the checklist, and fo~ard to Sue Filson (line #5).
R!)ute to Addressee(s) Office Initials Date
..J..1.;ist in routing order)
1.
2, //
-
3, .--.......-.,/"
~-~-
4, \.. -------
..
5, Ian Mitchell, BCe Office Board of County Commissioners L ff/I/
Supervisor
6. Minutes and Records Clerk of Court's Office
Jll)
---~_.. ~
PRIMARY CONTACT INFORMATION
(Tht: primary contact is the holder of the original document pending Bee approval.. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact iJlformation is needed in the event one of the addressees above, including Sue Filson, need 10 contact staff for additional or missing
infonnalion. All original documents needing rhe Bee ChairmiUJ's signature are to be dcliven:d to the Bee office only after the BCe has acted to approve the
item.
e Number /1073
da Item Number /75
/(" 1> I
ber of Original
mcnb Attached !
--~
Phon
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type ofDocurnent
Attached f!I;?.AJTM~T
Agen
Num
Docu
Yes
(Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is
a pro riate. _
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and' signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions) etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Boar~and possi".'r Sta!<'ilftlci:oI~ _~_~__~.__~___
All handwritten strike-through and revisions have been initialed by the County" Attorney's
Office and all other parties excepi the BCC Chairman and the Clerk to the Board
The Chairman's signatur~-ii;-c dat;}\as be~;-~nlc;'~-d asthc date- o"fBCC app~oval ofth~-
document or the final negotiated contract date \Vhichc'Ier is applicable.
"Sign her~abs a~e plaZed on th~--;ppropri"~-~ pag~~;ldicating- wher~th~:-C"t~~T~ma~-;-~----
si nature and initials arc ~~_q,t.l.}red._ .-______...__.____ ___~_.__ __~____._"~._~ .._
In most cases (some contracts are an -cxception):tbe o,~iginal document and this routing slip
should be provided to Ian Mithehel] in the Bee offlce within 24 hours ofBCC approval.
Some documents are time seflsitive and require forwarding to Tallahassee within a certain
time frame or the Bee'5 "ctions a.fe nulJifi.c.cL F~e. aW.'J!yyf your ~leadJine-;!
T~ d o~~ ~~ t;;~-~--;r;J;.~~ \' ed-by t h- c u"C:-c; ~ ~ /i;!!l ~.4_~.--7:c~ ~t~: r- d;1 t~) -~;';'{J <~.il'Zt-l It J~g-(~'~
made during the meeting have been incorporated ill the :attached docllment. The
~; 0 u I_l~;L~_t_to ~~y' s 0 JJ) ce }l a ~_.I~~_~i_e ~\' c(l_~~"~_~.I~.~~.~~.~l._jL!ll?I!.I.i_\_<: l)}~.
~
~
~
J;8
~
.~
~
3.
4.
5.
6.
Forms! County Forms! Bee l,'ouns/ Originill DllCUIfH;llls }(oulillg Slip WWS Original 0.03.04, F'_evj~,cd 17.605, rZe\'j.~(;d 22,1.05. R('.vi~;(;d 9.18.09