HomeMy WebLinkAbout2009-137 a ju
COPY mosses,
X09
raft
t}'E 'os�
1 PARTIES AND DESCRIPTION 0 PROPERTY (° Seller")
2' 1 . SA t<IQ PU CkfASE: _ A _ (" Buyer")
3' and ) `
4 agree to sell and buy on the terms an conditions specified below t e propert (" Property escrib class
c �� `
s• Address: .' � L'
6' Legal Description :
7• 36-33- 38"001 -0040.00001 . 0 j
g 36- 33-38- 00 01 -0040- 00001 . 1 ' c -:
10• 36;33- 38-00001 - 0050 - 00001 . 0 —
11 '
12' including all improvements and the following additional property:
13'
14 '
is , PRICE AND FINANCING
payable Y Y a able b Buyer in U .S . funds as follows:
2. PURCHASE PRICE: $� —
Q7� by
17 ' (a) $ Deposit received (checks are rlulivsubject to clss ce) on ("Escrow
, Escrw jZg5;
1W ame of Com y/
19 signature ! Lw
206 (Address of Escrow Agent)
21 ' (Phone ft of Escrow Agent)
22• (b) $ Additional deposit to be delivered to Escrow Agent by
23' or days from Effective Date (10 days if left blank),
24• (c) Total financing (see Paragraph 3 below) (express as a dollar amount or percentage)
25* (d) $ Other:
zs (e) $ �, Balance to close (not including . Buyer's closing costs, prepaid items and prorations) . All funds
27 � _ paid at closing must be paid by locally drawn cashier's check, official check or wired funds.
26' C3 (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed
price) The unit
29• used to determine the purchase price is O lot 0 acre 0 square foot U other (specify:
30' prorating areas of less than a full unit. The purchase price .will be $ per unit based on a calculation
of
31 total area of the Property as certified to Buyer and Seller by a Floridadicensed surveyor in accordance with Paragraph
32• 8 (e) of this Contract . The following rights of way and other areas will be excluded from the calculation:
33'
346 3 . CASH/FINANCING: (Check as applicable) �'' (a) Buyer will pay cash for the Property with no financing contingency.
W 0 (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below
(the
364 " Financing' within days from Effective Date ff left blank then Closing Date or 30 days from Effective Date, whichever
37' occurs first) (the "Financing Period'J . Buyer will apply for Financing, within days from Effective Date (5 days If left
blank)
38 and will time provide any and all credit, employment, financial and other information required by the lender. If Buyer,
after
3s using diligence and good faith, cannot obtain the Fina
within the Financing Period , either parry may cancel this Contract
40 and Buyer's deposit(s) will be returned after Escrow Agent . receives proper authorization from all interested parties. or
41 • 0 (1 ) New Financing: Buyer will secure a commitment for new third party financing for
42 % of the purchase price at the prevailing Interest rate and loan costs based on Buyer's creditworthiness. Buyer
43 will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender
or
44 mortgage broker to disclose,. all such information to Seller and Broker.
45' 0 (2) Seller Financing: Buyer will execute a 0 first O second purchase money note and mortgage to Seller
in the
46• amount of $ bearing annual interest at % and payable as follows :
47'
4a The mort4nty
ae note , and any security agreernenf will be in a form acceptable to Seller and will follow forms generally
4a acceptendrityaefor a late payment fee and acceleration at the mortgagee's
5o Buyer (_ _ ) 5elle acknowledge receipt of a copy of this page, which is Page i of 7 Pages.
a ju
COPY mosses,
X09
raft
t}'E 'os�
1 PARTIES AND DESCRIPTION 0 PROPERTY (° Seller")
2' 1 . SA t<IQ PU CkfASE: _ A _ (" Buyer")
3' and ) `
4 agree to sell and buy on the terms an conditions specified below t e propert (" Property escrib class
c �� `
s• Address: .' � L'
6' Legal Description :
7• 36-33- 38"001 -0040.00001 . 0 j
g 36- 33-38- 00 01 -0040- 00001 . 1 ' c -:
10• 36;33- 38-00001 - 0050 - 00001 . 0 —
11 '
12' including all improvements and the following additional property:
13'
14 '
is , PRICE AND FINANCING
payable Y Y a able b Buyer in U .S . funds as follows:
2. PURCHASE PRICE: $� —
Q7� by
17 ' (a) $ Deposit received (checks are rlulivsubject to clss ce) on ("Escrow
, Escrw jZg5;
1W ame of Com y/
19 signature ! Lw
206 (Address of Escrow Agent)
21 ' (Phone ft of Escrow Agent)
22• (b) $ Additional deposit to be delivered to Escrow Agent by
23' or days from Effective Date (10 days if left blank),
24• (c) Total financing (see Paragraph 3 below) (express as a dollar amount or percentage)
25* (d) $ Other:
zs (e) $ �, Balance to close (not including . Buyer's closing costs, prepaid items and prorations) . All funds
27 � _ paid at closing must be paid by locally drawn cashier's check, official check or wired funds.
26' C3 (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed
price) The unit
29• used to determine the purchase price is O lot 0 acre 0 square foot U other (specify:
30' prorating areas of less than a full unit. The purchase price .will be $ per unit based on a calculation
of
31 total area of the Property as certified to Buyer and Seller by a Floridadicensed surveyor in accordance with Paragraph
32• 8 (e) of this Contract . The following rights of way and other areas will be excluded from the calculation:
33'
346 3 . CASH/FINANCING: (Check as applicable) �'' (a) Buyer will pay cash for the Property with no financing contingency.
W 0 (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below
(the
364 " Financing' within days from Effective Date ff left blank then Closing Date or 30 days from Effective Date, whichever
37' occurs first) (the "Financing Period'J . Buyer will apply for Financing, within days from Effective Date (5 days If left
blank)
38 and will time provide any and all credit, employment, financial and other information required by the lender. If Buyer,
after
3s using diligence and good faith, cannot obtain the Fina
within the Financing Period , either parry may cancel this Contract
40 and Buyer's deposit(s) will be returned after Escrow Agent . receives proper authorization from all interested parties. or
41 • 0 (1 ) New Financing: Buyer will secure a commitment for new third party financing for
42 % of the purchase price at the prevailing Interest rate and loan costs based on Buyer's creditworthiness. Buyer
43 will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender
or
44 mortgage broker to disclose,. all such information to Seller and Broker.
45' 0 (2) Seller Financing: Buyer will execute a 0 first O second purchase money note and mortgage to Seller
in the
46• amount of $ bearing annual interest at % and payable as follows :
47'
4a The mort4nty
ae note , and any security agreernenf will be in a form acceptable to Seller and will follow forms generally
4a acceptendrityaefor a late payment fee and acceleration at the mortgagee's
5o Buyer (_ _ ) 5elle acknowledge receipt of a copy of this page, which is Page i of 7 Pages.
51 option if Buyer defaults ; will give Buyer the ngN.jo prepay without pena),tyfall or part of the principal at
any time(s) with
52 interest only to date of payment ; will be due on conveyance or sale; will provide for release of contiguous
parcels, if
53 applicable ; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer
54 authorizes Seller to obtain credit , employment and other necessary Information to determine creditworthiness for the
55 finandng . Seller will , within 10 days from Effective Date , give Buyer written notice of whether or not Seller will make the loan.
5e* ❑ (3) Mortgage Assumption : Buyer will take title subject to and assume and pay existing first mortgage to
57•
ss• LN # in the approximate amount of $ currently payable at
59 $ per month including principal , interest, ❑ taxes and insurance and having a ❑ fixed ❑ other
(describe)
51 • Interest rate of % which ❑ will ❑ will not escalate upon assumption, Any variance in the mortgage will be
62 adjusted in the balance due at closing with no adjustment to purchase price . Buyer will purchase Seller's
escrow
sa& account dollar for dollar. If the lender disapproves Buyer , or the interest rate upon transfer exceeds %
or the
54• assumption/transfer fee exceeds $ either party may elect to pay the excess , failing which this
55 agreement will terminate and Buyer's deposit(s) will be returned .
ss CLOSING
67 4 . CLOSING DATE ; OCCUPANCY: This Contract will be closed and the deed and possession delivered on
6` "Closing Date") , Unless the Closing Date is specifically extended by the Buyer and Seller or
sg by any other provision in this Contract, the Closing Date shall prevail over all other time periods including , but
not limited to,
70 financing and feasibility study periods , If on Closing Date insurance underwriting is suspended , Buyer may postpone closing up to
71 5 days after theInsurancesuspension is lifted , If this transaction does not dose for any reason, Buyer will immediately return
all
72 Seller-provided title evidence , surveys, association documents and other items.
73 5 . CLOSING PROCEDURE; COSTS: Closing Wil take place in the county where the Property is located and may be conducted
74 by mail oelectronic means, If tide insurance insures Buyer for title effective e defects arising between
the title binder date and
r
75 recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cashier's checks if
Seller
76 requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17 , In addition to otherexpenses
77 provided in this Contract, Seller and Buyer will pay the costs indicated below.
78 (a) Seller Costs:
79 Taxes on the deed
eo Recording fees forbocuments needed to cure title
81 Title evidence (if appli ble under Paragraph 8)
ez• Other: ,a -g4 - rz 2A4Q - c%�f �Git� dl L' �c � ` G►^ �h� � r Cv7 -
83 (b) Buyer Costs:
B4 Hetes at�d r�aortgage� w
85 •Record nglems erHhE} -deed-ar r fRanGing-statements—
W I=eaftexpenses#
e7 Genders titiG- licy-at4h"- ndlfaneoas- ssuef-ate-
88 Inspections
as Survey and sketch
so Jpsuraraee-
01 • Other:
92 (c) Title Evidence and Insurance: Check (1 ) or, (2) :
e3• rJ4 (1 ) The title evidence will be a Paragraph 8(a)(1 ) owner's title insurance commitment, ❑ Seller will select the title agent and
W will pay for the owner's tide policy, search , examination and related charges or O Buyer will select the title agent and pay for
956 the owner's title policy, search, examination and related charges org Buyer will select the title agent and Seller will pay for
ea the owner's title policy, search, examination and related charges ,
97* O (2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as title evidence. ❑ Seller 0 Buyer will pay
for the
98 owners title policy and select the title agent, Seiler will pay fees for title searches prior to closing, including tax search
and
99 lien search fees, and Buyer will pay fees for title searches after dosing (d any), title examination fees and closing fees .
100 (d) Prorations: The following items will be made current and prorated as of the day#K*m: rClosing Date: real estate taxes,
101 interest, bonds, assessments, leases and other Property expenses and revenues, If taxes and assessments for the current
102 Year cannot be determined, the previous year's rates will be used with adjustment for any exemptions , PROPERTY TAX
los DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER ' S CURRENT PROPERTY TAXES AS THE
104 AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO
las PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE
106 PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
107 VALUATION , CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION.
108 (e) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (tthe full
109 amount of Gens a certiliWoned and ratified before closing and (ii) the amount of the last estimate of the assessment
110' Buyer ( � d Sell ) acknowledge receipt of a copy of this page, which is Page 2 of 7 Pages.
51 option if Buyer defaults ; will give Buyer the ngN.jo prepay without pena),tyfall or part of the principal at
any time(s) with
52 interest only to date of payment ; will be due on conveyance or sale; will provide for release of contiguous
parcels, if
53 applicable ; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer
54 authorizes Seller to obtain credit , employment and other necessary Information to determine creditworthiness for the
55 finandng . Seller will , within 10 days from Effective Date , give Buyer written notice of whether or not Seller will make the loan.
5e* ❑ (3) Mortgage Assumption : Buyer will take title subject to and assume and pay existing first mortgage to
57•
ss• LN # in the approximate amount of $ currently payable at
59 $ per month including principal , interest, ❑ taxes and insurance and having a ❑ fixed ❑ other
(describe)
51 • Interest rate of % which ❑ will ❑ will not escalate upon assumption, Any variance in the mortgage will be
62 adjusted in the balance due at closing with no adjustment to purchase price . Buyer will purchase Seller's
escrow
sa& account dollar for dollar. If the lender disapproves Buyer , or the interest rate upon transfer exceeds %
or the
54• assumption/transfer fee exceeds $ either party may elect to pay the excess , failing which this
55 agreement will terminate and Buyer's deposit(s) will be returned .
ss CLOSING
67 4 . CLOSING DATE ; OCCUPANCY: This Contract will be closed and the deed and possession delivered on
6` "Closing Date") , Unless the Closing Date is specifically extended by the Buyer and Seller or
sg by any other provision in this Contract, the Closing Date shall prevail over all other time periods including , but
not limited to,
70 financing and feasibility study periods , If on Closing Date insurance underwriting is suspended , Buyer may postpone closing up to
71 5 days after theInsurancesuspension is lifted , If this transaction does not dose for any reason, Buyer will immediately return
all
72 Seller-provided title evidence , surveys, association documents and other items.
73 5 . CLOSING PROCEDURE; COSTS: Closing Wil take place in the county where the Property is located and may be conducted
74 by mail oelectronic means, If tide insurance insures Buyer for title effective e defects arising between
the title binder date and
r
75 recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cashier's checks if
Seller
76 requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17 , In addition to otherexpenses
77 provided in this Contract, Seller and Buyer will pay the costs indicated below.
78 (a) Seller Costs:
79 Taxes on the deed
eo Recording fees forbocuments needed to cure title
81 Title evidence (if appli ble under Paragraph 8)
ez• Other: ,a -g4 - rz 2A4Q - c%�f �Git� dl L' �c � ` G►^ �h� � r Cv7 -
83 (b) Buyer Costs:
B4 Hetes at�d r�aortgage� w
85 •Record nglems erHhE} -deed-ar r fRanGing-statements—
W I=eaftexpenses#
e7 Genders titiG- licy-at4h"- ndlfaneoas- ssuef-ate-
88 Inspections
as Survey and sketch
so Jpsuraraee-
01 • Other:
92 (c) Title Evidence and Insurance: Check (1 ) or, (2) :
e3• rJ4 (1 ) The title evidence will be a Paragraph 8(a)(1 ) owner's title insurance commitment, ❑ Seller will select the title agent and
W will pay for the owner's tide policy, search , examination and related charges or O Buyer will select the title agent and pay for
956 the owner's title policy, search, examination and related charges org Buyer will select the title agent and Seller will pay for
ea the owner's title policy, search, examination and related charges ,
97* O (2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as title evidence. ❑ Seller 0 Buyer will pay
for the
98 owners title policy and select the title agent, Seiler will pay fees for title searches prior to closing, including tax search
and
99 lien search fees, and Buyer will pay fees for title searches after dosing (d any), title examination fees and closing fees .
100 (d) Prorations: The following items will be made current and prorated as of the day#K*m: rClosing Date: real estate taxes,
101 interest, bonds, assessments, leases and other Property expenses and revenues, If taxes and assessments for the current
102 Year cannot be determined, the previous year's rates will be used with adjustment for any exemptions , PROPERTY TAX
los DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER ' S CURRENT PROPERTY TAXES AS THE
104 AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO
las PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE
106 PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
107 VALUATION , CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION.
108 (e) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (tthe full
109 amount of Gens a certiliWoned and ratified before closing and (ii) the amount of the last estimate of the assessment
110' Buyer ( � d Sell ) acknowledge receipt of a copy of this page, which is Page 2 of 7 Pages.
an improvement is substantially completed as - of Effective Date but has not resulted in a lien before closing, and Bayef will Pay
112' all other amounts . If special assessments may be paid In installments
Seller (r�left-etaek -Bt+y }shalli ay'� tr
113 -du"fter et, s ng.-4f-eeller�is-eheeke"eller-will-pay the assessment in full prior to or at the time of closing . Public
body does
114 not include a Homeowner Association or Condominium Association .
115 (f) Tax Withholding : If Seller is a "foreign person " as defined by FIRPTA, Section 1445 of the Internal
Revenue Code
ills requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount
to the
nil Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1 ) Seller provides Buyer with
an
118 affidavit that Seller is not a "foreign person" , (2). Seller provides Buyer with a Withholding Certificate providing for reduced
or
119 eliminated withholding , or (3) the gross sales price is $300, 000 or less , Buyer is an individual who purchases the
Property to
120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least
50% of
121 the number of days the Property is in use during each of the first two 12 month periods after transfer The IRS requires
Buyer
122 and Seller to have a U , S. federal taxpayer identification number ('TIN") . Buyer and Seller agree to execute and
deliver as
123 directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements including applying
124 for a TiN within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent,
125 If Seller applies for a withholding certificate but the application is still pending as of closing , Buyer will place
the 10% tax in
128 escrow at Seller's expense to be disbursed in accordance with the final determination of the IRS , provided Seller so requests
127 and gives Buyer notice of the pending application in accordance with Section 1445 . If Buyer does not pay sufficient cash
at
128 closing to meet the withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the
129 requirement. Buyer will timely disburse the funds to the IRS and provide . Seller with copies of the tax forms and receipts .
130 (g) 7031 Exchange: if either Seller or Buyer wishes to enter into a like*Jnd exchange (either simultaneously with closing or
131 after) under Section 1031 of the Internal Revenue Code (" Exchange'), the other party will cooperate in I reas willinabl no liability
ects
132 to effectuate the Exchange including executing documents; provided, however, that the cooperating party
133 oncost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange .
134 PROPERTY CONDITION
135 6. LAND USE: Seller Oil deliver the Property to Buyer at the time agreed in its present "as is" condition , with
conditions
136 resulting from Buyer's Inspections and casualty damage , If any, excepted . Seller will maintain the landscaping
and
131 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property
's
138 condition without the Buyer's prior written consent . agencies
139 (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate
to mprovingtthe Property and
too flood zone the Property is in , whether flood insurance is required and what restrictions appy
141 rebuilding in the event of casualty.
142 (b) Government Regulation : Buyer is advised that changes in government regulations and levels of service which
143 affect Buyer's intended use of the Property will not be grounds for canceling this Contract If the Feasibility
Study
144 Period has expired or if Buyer has checked choice (c)(2) below.
145 (c) Inspections: (check ( 1) or (2) below) � 0
las (1 ) Feasibility Study: Buyer will , at Buyer's expense and within 6 days from Effective Date ' Feasibili Study ham
Q
1414 Period " , determine whether tphe Property is suitable , in Buyer's sole and abesolma ute discretict aont fPhase
I ent or "a`
148. (Q , � .�/ ,�.* / e. During the Feasibility Study Period , Buy Y
14s assessment and an`� other Cests, analyses, surveys and Investigations (" Inspections") that Buyer deems necessary to
149 determine to Buyer's satisfaction the Property' s engineering , architectural and environmental properties ; zoning and
151 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other
utilities;
152 consistency with local, state and regional growth management plans ; availability of permits, government approvals , and
153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's
154 intended use. If the Property must be rezoned , Buyer will obtain the rezoning from the appropriate government agencies.
155 Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals.
156 Seiler gives Buyer, its agents, contractors and assigns , the right to enter the6Property at any time during the Feasibility
157 Study Period for the purpose of conducting Inspections ; provided ,. however, that Buyer, its agenti�efrractr oars and
158 assigns enter the Property and conduct Inspections at their own risk, Buyer` wWM4P AFAR fyraa�ae
159 - from-losses,damages;~costs-clalrnsen"xpemsea-of-enrnaturt cluding-etterneys'-fees eexpenmehea�Fid-4iaeil�f
Iso incttrred-in applicattorr for rezonirtg-er-related-preeeedl+ sr er3d #fef> I ff+tyke-er�y per�ef+eirsg-fta
161 y and-alHRspeetiens or any werk�autheria by-Buyer: Buyer will not engage in any activity that could result in a
182 construction lien being filed against the Property without Seller's prior written c�onesuelnt . If�nsa�°��°1es not
--
163 close , Buyer will , at-Buyer's-exfa
182 ---retttf�-4He-f�reryef�r-te #+�e-eer�ditler�-+t-waa-ire- f3�or-to-seRddet'ef-the'iRsPac�ions-and-(�} release to Seller all reports
165 and other work generated as a result of the Inspections.
166 Buyer will deliver written notice to Seiler prior to the expiration of the Feasibility Study Period of
Buyer's
167 determination of whether or not the Property is acceptable . Buyer's failure to comply with this notice requirement
168 will constitute acceptance of the Property as suitable for Buyer's intended use in its ,as is" condition , if the
Property
169 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be
deemed
170 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after
Escrow
171 Agent receives proper authorization from all interested parties .
1720 G (2) No Feasibility . Study: Buyer is satisfied that the Property is suitable for Buyer's purposes ,
including being
173 satisfied ae! er public r genwater are available to the Property or the Property will be approved for the
174' Buver ( nd Seller acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages.
an improvement is substantially completed as - of Effective Date but has not resulted in a lien before closing, and Bayef will Pay
112' all other amounts . If special assessments may be paid In installments
Seller (r�left-etaek -Bt+y }shalli ay'� tr
113 -du"fter et, s ng.-4f-eeller�is-eheeke"eller-will-pay the assessment in full prior to or at the time of closing . Public
body does
114 not include a Homeowner Association or Condominium Association .
115 (f) Tax Withholding : If Seller is a "foreign person " as defined by FIRPTA, Section 1445 of the Internal
Revenue Code
ills requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount
to the
nil Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1 ) Seller provides Buyer with
an
118 affidavit that Seller is not a "foreign person" , (2). Seller provides Buyer with a Withholding Certificate providing for reduced
or
119 eliminated withholding , or (3) the gross sales price is $300, 000 or less , Buyer is an individual who purchases the
Property to
120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least
50% of
121 the number of days the Property is in use during each of the first two 12 month periods after transfer The IRS requires
Buyer
122 and Seller to have a U , S. federal taxpayer identification number ('TIN") . Buyer and Seller agree to execute and
deliver as
123 directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements including applying
124 for a TiN within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent,
125 If Seller applies for a withholding certificate but the application is still pending as of closing , Buyer will place
the 10% tax in
128 escrow at Seller's expense to be disbursed in accordance with the final determination of the IRS , provided Seller so requests
127 and gives Buyer notice of the pending application in accordance with Section 1445 . If Buyer does not pay sufficient cash
at
128 closing to meet the withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the
129 requirement. Buyer will timely disburse the funds to the IRS and provide . Seller with copies of the tax forms and receipts .
130 (g) 7031 Exchange: if either Seller or Buyer wishes to enter into a like*Jnd exchange (either simultaneously with closing or
131 after) under Section 1031 of the Internal Revenue Code (" Exchange'), the other party will cooperate in I reas willinabl no liability
ects
132 to effectuate the Exchange including executing documents; provided, however, that the cooperating party
133 oncost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange .
134 PROPERTY CONDITION
135 6. LAND USE: Seller Oil deliver the Property to Buyer at the time agreed in its present "as is" condition , with
conditions
136 resulting from Buyer's Inspections and casualty damage , If any, excepted . Seller will maintain the landscaping
and
131 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property
's
138 condition without the Buyer's prior written consent . agencies
139 (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate
to mprovingtthe Property and
too flood zone the Property is in , whether flood insurance is required and what restrictions appy
141 rebuilding in the event of casualty.
142 (b) Government Regulation : Buyer is advised that changes in government regulations and levels of service which
143 affect Buyer's intended use of the Property will not be grounds for canceling this Contract If the Feasibility
Study
144 Period has expired or if Buyer has checked choice (c)(2) below.
145 (c) Inspections: (check ( 1) or (2) below) � 0
las (1 ) Feasibility Study: Buyer will , at Buyer's expense and within 6 days from Effective Date ' Feasibili Study ham
Q
1414 Period " , determine whether tphe Property is suitable , in Buyer's sole and abesolma ute discretict aont fPhase
I ent or "a`
148. (Q , � .�/ ,�.* / e. During the Feasibility Study Period , Buy Y
14s assessment and an`� other Cests, analyses, surveys and Investigations (" Inspections") that Buyer deems necessary to
149 determine to Buyer's satisfaction the Property' s engineering , architectural and environmental properties ; zoning and
151 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other
utilities;
152 consistency with local, state and regional growth management plans ; availability of permits, government approvals , and
153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's
154 intended use. If the Property must be rezoned , Buyer will obtain the rezoning from the appropriate government agencies.
155 Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals.
156 Seiler gives Buyer, its agents, contractors and assigns , the right to enter the6Property at any time during the Feasibility
157 Study Period for the purpose of conducting Inspections ; provided ,. however, that Buyer, its agenti�efrractr oars and
158 assigns enter the Property and conduct Inspections at their own risk, Buyer` wWM4P AFAR fyraa�ae
159 - from-losses,damages;~costs-clalrnsen"xpemsea-of-enrnaturt cluding-etterneys'-fees eexpenmehea�Fid-4iaeil�f
Iso incttrred-in applicattorr for rezonirtg-er-related-preeeedl+ sr er3d #fef> I ff+tyke-er�y per�ef+eirsg-fta
161 y and-alHRspeetiens or any werk�autheria by-Buyer: Buyer will not engage in any activity that could result in a
182 construction lien being filed against the Property without Seller's prior written c�onesuelnt . If�nsa�°��°1es not
--
163 close , Buyer will , at-Buyer's-exfa
182 ---retttf�-4He-f�reryef�r-te #+�e-eer�ditler�-+t-waa-ire- f3�or-to-seRddet'ef-the'iRsPac�ions-and-(�} release to Seller all reports
165 and other work generated as a result of the Inspections.
166 Buyer will deliver written notice to Seiler prior to the expiration of the Feasibility Study Period of
Buyer's
167 determination of whether or not the Property is acceptable . Buyer's failure to comply with this notice requirement
168 will constitute acceptance of the Property as suitable for Buyer's intended use in its ,as is" condition , if the
Property
169 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be
deemed
170 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after
Escrow
171 Agent receives proper authorization from all interested parties .
1720 G (2) No Feasibility . Study: Buyer is satisfied that the Property is suitable for Buyer's purposes ,
including being
173 satisfied ae! er public r genwater are available to the Property or the Property will be approved for the
174' Buver ( nd Seller acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages.
75 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations
76 and restrictions , such as subdivision or deed restrictions , concurrency, growth management and environmental
77 conditions , are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations .
78 (d ) Subdivided Lands : if this Contract is for the purchase of subdivided lands , defined by Flodda
Law as " (a) Any
79 contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50
or more lots ,
8o parcels , units , or interests ; or (b) Any land , whether contiguous or not , which Is divided or proposed to be
divided into
181 50 or more lots , parcels, units , or interests which are offered as a part of a common promotional plan
. " , Buyer may
182 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes
183 this Contract . If Buyer elects to cancel within the period provided , all funds or other property paid by
Buyer will be
184 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer.
185 7 . RISK OF LOSS; EMINENT DOMAIN : If any portion of the Property is materially damaged by casualty before closing
,
lee or Seller negotiates with a governmental authority to transfer all or part of the Property In lieu of eminent domain proceedings,
187 or 0 an eminent domain proceeding is initiated , Seller will promptly Inform Buyer. Either party may cancel this Contract
188 by written notice to the other within 10 days from Buyer's receipt. of Seller's notification , failing which Buyer will
close In
189 accordance with this Contract and receive all payments made by the government authority or insurance company, if any.
190
TITLE
191 8 . TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee , personal representative
192 or guardian deed as appropriate to Seller's status .
193 (b) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in
Seiler in
194 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions ,
none of
195' which prevent Buyer's intended use of the Property aster �' : covenants, easements and
196 restrictions of record; matters of plat; existing zoning &dgovernment regulation ; oil , gas and mineral rights
of record if
197 there is no right of entry; current taxes; mortgages that Buyer will assume ; and encumbrances that Seller will discharge
at
r9eor before dos}ng , Seiler will deliver to Buyer Seller's choice of one of the following types of title evidence ,
199 which must be generally accepted In the county where the Property is located (specify in Paragraph 5(c) the selected
200 type) . Seller will use option (1) in Palm Beach County and option (2) in Miami - Dade County.
201 (1 ) A title insurance commitment issued by a FlondaAcensed title insurer in the amount of the purchase prr e
and
202 subject only to title exceptions set forth in this Contract and delivered no later than •2-degs 61`e-Giesir�g Dale(2) An existing
abstract of title from a reputable and ex y 6 j ffL? y
i ti abstract firm of firm is not existing , then abstracteus e
45
IMs ng
204 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title
to the
205 Property recorded in the public records of the county where the Property Is located and certified to Effective
Date.
206 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer
207will pay for copies of all policy exceptions and an update in a format
as a base for reissuance of coverage . Seder
208 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing
agent,
209 together with copies of all documents recited in the prior policy and in the update . If a prior policy is not
available to
210 Seller then (1 ) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date,
211 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, withinAdays from receipt
212 of title evidence but no later than Closing Date , of any defects that make the title unmarketable . Seller will
have 30 days
213 from receipt of Buyer's notice of defects (" Curative Period ") to cure the defects at Seller's expense . If Seller
cures the
214 defects within the Curative Period , Seller will deliver written notice to Buyer and the parties will close the transaction
on
215 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed . If Seller is
unable to
216 cure the defects within the Curative Period , Seller will deliver written notice to Buyer and Buyer will, within 10 days
from
217 receipt of Seller's notice , either cancel this Contract or accept title with existing defects and close the transaction .
218 (e) Survey: Buyer ma , prior to Closing Date and at Buyer's expense , have the Property surveyed and deliver written
219 notice to Seller, withinCdays from receipt of survey but no later than ' ( days prior to closing , of any encroachments on
t D
220 the Property, encroach lents by the Property's Improvements on otherlands or deed restriction or zoning violations . Any
221 such encroachment or violation will be treated In the same manner as a title defect and Buyer's and Sellers obligations
222 will be determined in accordance with subparagraph (b) above ,
223 (d) Coastal Construction Control Line: if any part of the Property Iles seaward of the coastal construction control
Zine
224 defined in Section 161 . 053 of the Florida Statutes , Seller shall provide Buyer with an affidavit or survey as required
by law
225 delineating the line's location on the Property, unless Buyer waives this requirement in writing . The Property being purchased
226 may be subject to coastal erosion and to federal , state , or local regulations that govern coastal property, including delineation
227 of the coastal construction control line, rigid coastal protection structures , beach nourishment, and the protection of marine
228 turtles, Additional Information can be obtained from the Florida Department of Environmental Protection, 1ncluding whether
229 there are significant erosion conditions associated with the shoreline of the Property being purchased .
230' 'Buyer waives the right to receive a CCCL affidavit or survey,
231 MISCELLANEOUS CC��
232 9. EFFECTIVE DATE; TIME; FORCE MAJEURE:
2m (a) Effective Date: The "Effective Date" of this Contract is tfifie�at®-en-v'vM sst�of lite pouffes initials er signs-ar1r
234 Time is of the essence for all provisions of this Contract .
235 (b) Time: All time periods expressed as days will be computed in business days (a "business day " is every calendar day
236 except Saturd unday aV
Zal legal holidays) . If any deadline falls on a Saturday, Sunday or national legal
7' BuyV
d Selle __) acknowledge receipt of a copy of this page , which is Page 4 of 7 Pages.
75 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations
76 and restrictions , such as subdivision or deed restrictions , concurrency, growth management and environmental
77 conditions , are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations .
78 (d ) Subdivided Lands : if this Contract is for the purchase of subdivided lands , defined by Flodda
Law as " (a) Any
79 contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50
or more lots ,
8o parcels , units , or interests ; or (b) Any land , whether contiguous or not , which Is divided or proposed to be
divided into
181 50 or more lots , parcels, units , or interests which are offered as a part of a common promotional plan
. " , Buyer may
182 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes
183 this Contract . If Buyer elects to cancel within the period provided , all funds or other property paid by
Buyer will be
184 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer.
185 7 . RISK OF LOSS; EMINENT DOMAIN : If any portion of the Property is materially damaged by casualty before closing
,
lee or Seller negotiates with a governmental authority to transfer all or part of the Property In lieu of eminent domain proceedings,
187 or 0 an eminent domain proceeding is initiated , Seller will promptly Inform Buyer. Either party may cancel this Contract
188 by written notice to the other within 10 days from Buyer's receipt. of Seller's notification , failing which Buyer will
close In
189 accordance with this Contract and receive all payments made by the government authority or insurance company, if any.
190
TITLE
191 8 . TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee , personal representative
192 or guardian deed as appropriate to Seller's status .
193 (b) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in
Seiler in
194 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions ,
none of
195' which prevent Buyer's intended use of the Property aster �' : covenants, easements and
196 restrictions of record; matters of plat; existing zoning &dgovernment regulation ; oil , gas and mineral rights
of record if
197 there is no right of entry; current taxes; mortgages that Buyer will assume ; and encumbrances that Seller will discharge
at
r9eor before dos}ng , Seiler will deliver to Buyer Seller's choice of one of the following types of title evidence ,
199 which must be generally accepted In the county where the Property is located (specify in Paragraph 5(c) the selected
200 type) . Seller will use option (1) in Palm Beach County and option (2) in Miami - Dade County.
201 (1 ) A title insurance commitment issued by a FlondaAcensed title insurer in the amount of the purchase prr e
and
202 subject only to title exceptions set forth in this Contract and delivered no later than •2-degs 61`e-Giesir�g Dale(2) An existing
abstract of title from a reputable and ex y 6 j ffL? y
i ti abstract firm of firm is not existing , then abstracteus e
45
IMs ng
204 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title
to the
205 Property recorded in the public records of the county where the Property Is located and certified to Effective
Date.
206 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer
207will pay for copies of all policy exceptions and an update in a format
as a base for reissuance of coverage . Seder
208 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing
agent,
209 together with copies of all documents recited in the prior policy and in the update . If a prior policy is not
available to
210 Seller then (1 ) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date,
211 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, withinAdays from receipt
212 of title evidence but no later than Closing Date , of any defects that make the title unmarketable . Seller will
have 30 days
213 from receipt of Buyer's notice of defects (" Curative Period ") to cure the defects at Seller's expense . If Seller
cures the
214 defects within the Curative Period , Seller will deliver written notice to Buyer and the parties will close the transaction
on
215 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed . If Seller is
unable to
216 cure the defects within the Curative Period , Seller will deliver written notice to Buyer and Buyer will, within 10 days
from
217 receipt of Seller's notice , either cancel this Contract or accept title with existing defects and close the transaction .
218 (e) Survey: Buyer ma , prior to Closing Date and at Buyer's expense , have the Property surveyed and deliver written
219 notice to Seller, withinCdays from receipt of survey but no later than ' ( days prior to closing , of any encroachments on
t D
220 the Property, encroach lents by the Property's Improvements on otherlands or deed restriction or zoning violations . Any
221 such encroachment or violation will be treated In the same manner as a title defect and Buyer's and Sellers obligations
222 will be determined in accordance with subparagraph (b) above ,
223 (d) Coastal Construction Control Line: if any part of the Property Iles seaward of the coastal construction control
Zine
224 defined in Section 161 . 053 of the Florida Statutes , Seller shall provide Buyer with an affidavit or survey as required
by law
225 delineating the line's location on the Property, unless Buyer waives this requirement in writing . The Property being purchased
226 may be subject to coastal erosion and to federal , state , or local regulations that govern coastal property, including delineation
227 of the coastal construction control line, rigid coastal protection structures , beach nourishment, and the protection of marine
228 turtles, Additional Information can be obtained from the Florida Department of Environmental Protection, 1ncluding whether
229 there are significant erosion conditions associated with the shoreline of the Property being purchased .
230' 'Buyer waives the right to receive a CCCL affidavit or survey,
231 MISCELLANEOUS CC��
232 9. EFFECTIVE DATE; TIME; FORCE MAJEURE:
2m (a) Effective Date: The "Effective Date" of this Contract is tfifie�at®-en-v'vM sst�of lite pouffes initials er signs-ar1r
234 Time is of the essence for all provisions of this Contract .
235 (b) Time: All time periods expressed as days will be computed in business days (a "business day " is every calendar day
236 except Saturd unday aV
Zal legal holidays) . If any deadline falls on a Saturday, Sunday or national legal
7' BuyV
d Selle __) acknowledge receipt of a copy of this page , which is Page 4 of 7 Pages.
238 holiday, performance will be due the next business day. All time periods will end at 5 :00 p . m . local time
(meaning in the
las county where the Property is located) of the appropriate day,
240 (c) Force Majeure: [Buyer
so ons asethe performance ornot be lnon red tperforfm ncenof the obligation isrdelayed , caused or prevented
eachorm
241 each other for damag 9
243 by s act of God of n delays ,
w rs �surrectionact of s andranyrother ce causeinoteeasonablyuwthn the conttrrol of the Buyeruakes , It or
rricanec
243 unusual transportation de ay , is unable In whole or In part to prevent or
zaa Seller and which by the exercise of due diligence the non-performing party
zas overcome . All time periods , d Ingthe e egntDthat suatel ch "" acl be ttendof God 11 or " force mad
jeu0re""aevent continues beyond the30
248 majeure or act of God pace
arty may cancel the Contract by delivering written notice to the other and Buyer's
247 days in this sub-paragraph , either p
248 deposit shall be refunded .
mail , personal delivery or
249 10. NOTICES: All noticeo th
s shall be in
failure to delivergtimely wand ilritten l be notice olivered tSeller, pwhePn such a isroker requiredby this C ntract,
2so electronic media. Buyeroid the construed as if the
251 regarding any contingencies will render that document or item delivered o or received ed by antattorney or Ii
gency null and v ensee (including a
252 contingency did not exist. Any will be as effective as if delivered to orsby that patty.
253 transaction broker) representing a party
254 11 , COMPLET AGREoEMENT& its Contracteements iw Ihe ibindtiBuyre err�eller or-greke eement betweenrunless Incorpuyer and orated d�into
this Contract
2% agreements, of prior. present by
256 Modifications of this Contract will not be binding unless in nign signed or
Contract ,initialed
le ou de Paris a d written party
modifications
257 This Contract , signatures , initials , documents referencedand Will be
258 communicated electronically or dlito this Cont alctf or prevail ovallperses preprinted erm, Ifryany, provision of
di sgContractis on
259 Or typewritten terms inserted or attach
260 becomes invalid or unenforceable, all remaining provisions Will continue to be fully effective. Buyer and SeutblicWrecoill sddiligence
2s1 and good faith in performing all obligations under this Contract. This Contract will not be recorded in any p
ract
out
262 ASSIGNABILITY; " roSON maybe D: Buyer
ornplural , This Contract ay noassign this istbindingnthon the Seller's
heirs ,written
263dministrators , executors ,
"Buyer, " Seller, and BB
264 personal representatives and assigns g permitted) of Buyer, Seller and Broker,
les DEFAULT AND DISPUTE RESOLUTION
26e 1.3. DEFAULT. (a) Seller Defaults
to for anyreson Contract Buyerr than re of S chooseHer to mokeceive Seller's
return of Buyer sable ftdeposit without
267 Seiler fails , refuses or neglectsperform14 ,as
2sa waiving the right to seek damages ortoseer specific
Defaults form ncefailto per Par hs Contractelwtt the tiisme space Pied including
2,9 lh,4yp.,�eufi"f4He-brokerage•fee. ( ) Y reed-to--be�pafd• as liquidated
270 timet' payment of all deposits, Seller may choose to retain and correct all deposits paid shelve b0°� of all depositII
271 damages or to seek specific performance as per Paragra s 14a.a r Al un he_rokeraI
272 palekand-agreed--te-b"aid4to-be ,spl"qually among *k i
273 14 , DiSPUTE RESOLUTION: This
Contract will be construed under or this Contract to Its law, All
controversies ,
settled as follows :stand other matters In
27a question arising out of or relating
2zs days from
(a) Disputes concer demandsaremade deposits
to attempt to resolve the dispute
through mediations IfSeller
hatwill
fa s,Escrow Agent
278 the date conflicting d a- eiee ef-ar tteatieri , a Florida court or-.the-
277 will submit the dispute , if so required by law, to
But er and Seller will be bound by any resulting award, judgment or order. A-
278 Worida-Reat-Estate-Gornmission'('-` FRED"} y
279 -� roker's� obligation-under-Ghapter- 477 oti t erplead ee er ata esheaw-d rsement-c�r�er��d-rf t+�e-broker ao
280 reselve-tbe-esere`rr-diepuo-�+'et�4s attorneys-or-ether-eserew�eempanies.
281 chs; a
oosepplies-only- towbrokers-and -doe"ot-ap plyto the eernpar4ies
zee (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them t° aattempt
to
263 resolve the matter through mediation, feilir g-vvhieffi-tete-parttt's I SOo�er the C ntinroa9
zea a�bi ion in the county where the property is located . The arbitrator may not atter the Contract to s-er-swat any
o for in this Contract . The award will be based on the e as li wola tee tohtsssssto use e evidence sco eandt
will
will -
285 remedy n Tactual authont �hiGhi I is e . if th p 9
286 state findings of fact an vii Procedure and the arbitrator will resolve all discovery-related
287 be in accordance with the F ra raph 17 will be submitted to arbitration only if the
las dis 4 utdispt7t s with a real estate licensee na This clause will survive closings
tag ensees-broker-eensente-irrwritif gA() beee " Mediation "
�M srtion es a p i which parties attempt to resolve a dispute by
z9 {c) Mediation •artr3-Arbitra#+e1 i Expenses .
291 submitting it to an impartial mediator who facilitates the resolution of the dispute. but who snob{ empowered
to ie .
29z settlement on the partiesles of the
. Mediation will be in accordance with tally dieru
vide the mediatic fIf anY ° etre+
2e3 -e#}jer mediator agreed on by the parties , The�pnartos 11 erQ�qu> trePp� @ d ho "ec Sion is
294 ' s ems accordance with the rule tit eApA-oro er arbitrator agreed on by the parties.
295 binding on the pa�hptkr $tt9Fa-4V1 t ��� nP es, Including attomeys' fees , and wll equally split the
296 Each party to any arbitration will pat the prevailing party to the
297 arbitrators' inlst a ees of arbitration. in a civil action
297
orc`�e# > ?tt ��t�Rda�C
2sai rahorr ntitled�o t e em the•nenprevallirjg pa+iW
B ) acknowledge receipt of a copy of this page , which is Page 5 of 7 Pages .
299 yet and Setter
238 holiday, performance will be due the next business day. All time periods will end at 5 :00 p . m . local time
(meaning in the
las county where the Property is located) of the appropriate day,
240 (c) Force Majeure: [Buyer
so ons asethe performance ornot be lnon red tperforfm ncenof the obligation isrdelayed , caused or prevented
eachorm
241 each other for damag 9
243 by s act of God of n delays ,
w rs �surrectionact of s andranyrother ce causeinoteeasonablyuwthn the conttrrol of the Buyeruakes , It or
rricanec
243 unusual transportation de ay , is unable In whole or In part to prevent or
zaa Seller and which by the exercise of due diligence the non-performing party
zas overcome . All time periods , d Ingthe e egntDthat suatel ch "" acl be ttendof God 11 or " force mad
jeu0re""aevent continues beyond the30
248 majeure or act of God pace
arty may cancel the Contract by delivering written notice to the other and Buyer's
247 days in this sub-paragraph , either p
248 deposit shall be refunded .
mail , personal delivery or
249 10. NOTICES: All noticeo th
s shall be in
failure to delivergtimely wand ilritten l be notice olivered tSeller, pwhePn such a isroker requiredby this C ntract,
2so electronic media. Buyeroid the construed as if the
251 regarding any contingencies will render that document or item delivered o or received ed by antattorney or Ii
gency null and v ensee (including a
252 contingency did not exist. Any will be as effective as if delivered to orsby that patty.
253 transaction broker) representing a party
254 11 , COMPLET AGREoEMENT& its Contracteements iw Ihe ibindtiBuyre err�eller or-greke eement betweenrunless Incorpuyer and orated d�into
this Contract
2% agreements, of prior. present by
256 Modifications of this Contract will not be binding unless in nign signed or
Contract ,initialed
le ou de Paris a d written party
modifications
257 This Contract , signatures , initials , documents referencedand Will be
258 communicated electronically or dlito this Cont alctf or prevail ovallperses preprinted erm, Ifryany, provision of
di sgContractis on
259 Or typewritten terms inserted or attach
260 becomes invalid or unenforceable, all remaining provisions Will continue to be fully effective. Buyer and SeutblicWrecoill sddiligence
2s1 and good faith in performing all obligations under this Contract. This Contract will not be recorded in any p
ract
out
262 ASSIGNABILITY; " roSON maybe D: Buyer
ornplural , This Contract ay noassign this istbindingnthon the Seller's
heirs ,written
263dministrators , executors ,
"Buyer, " Seller, and BB
264 personal representatives and assigns g permitted) of Buyer, Seller and Broker,
les DEFAULT AND DISPUTE RESOLUTION
26e 1.3. DEFAULT. (a) Seller Defaults
to for anyreson Contract Buyerr than re of S chooseHer to mokeceive Seller's
return of Buyer sable ftdeposit without
267 Seiler fails , refuses or neglectsperform14 ,as
2sa waiving the right to seek damages ortoseer specific
Defaults form ncefailto per Par hs Contractelwtt the tiisme space Pied including
2,9 lh,4yp.,�eufi"f4He-brokerage•fee. ( ) Y reed-to--be�pafd• as liquidated
270 timet' payment of all deposits, Seller may choose to retain and correct all deposits paid shelve b0°� of all depositII
271 damages or to seek specific performance as per Paragra s 14a.a r Al un he_rokeraI
272 palekand-agreed--te-b"aid4to-be ,spl"qually among *k i
273 14 , DiSPUTE RESOLUTION: This
Contract will be construed under or this Contract to Its law, All
controversies ,
settled as follows :stand other matters In
27a question arising out of or relating
2zs days from
(a) Disputes concer demandsaremade deposits
to attempt to resolve the dispute
through mediations IfSeller
hatwill
fa s,Escrow Agent
278 the date conflicting d a- eiee ef-ar tteatieri , a Florida court or-.the-
277 will submit the dispute , if so required by law, to
But er and Seller will be bound by any resulting award, judgment or order. A-
278 Worida-Reat-Estate-Gornmission'('-` FRED"} y
279 -� roker's� obligation-under-Ghapter- 477 oti t erplead ee er ata esheaw-d rsement-c�r�er��d-rf t+�e-broker ao
280 reselve-tbe-esere`rr-diepuo-�+'et�4s attorneys-or-ether-eserew�eempanies.
281 chs; a
oosepplies-only- towbrokers-and -doe"ot-ap plyto the eernpar4ies
zee (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them t° aattempt
to
263 resolve the matter through mediation, feilir g-vvhieffi-tete-parttt's I SOo�er the C ntinroa9
zea a�bi ion in the county where the property is located . The arbitrator may not atter the Contract to s-er-swat any
o for in this Contract . The award will be based on the e as li wola tee tohtsssssto use e evidence sco eandt
will
will -
285 remedy n Tactual authont �hiGhi I is e . if th p 9
286 state findings of fact an vii Procedure and the arbitrator will resolve all discovery-related
287 be in accordance with the F ra raph 17 will be submitted to arbitration only if the
las dis 4 utdispt7t s with a real estate licensee na This clause will survive closings
tag ensees-broker-eensente-irrwritif gA() beee " Mediation "
�M srtion es a p i which parties attempt to resolve a dispute by
z9 {c) Mediation •artr3-Arbitra#+e1 i Expenses .
291 submitting it to an impartial mediator who facilitates the resolution of the dispute. but who snob{ empowered
to ie .
29z settlement on the partiesles of the
. Mediation will be in accordance with tally dieru
vide the mediatic fIf anY ° etre+
2e3 -e#}jer mediator agreed on by the parties , The�pnartos 11 erQ�qu> trePp� @ d ho "ec Sion is
294 ' s ems accordance with the rule tit eApA-oro er arbitrator agreed on by the parties.
295 binding on the pa�hptkr $tt9Fa-4V1 t ��� nP es, Including attomeys' fees , and wll equally split the
296 Each party to any arbitration will pat the prevailing party to the
297 arbitrators' inlst a ees of arbitration. in a civil action
297
orc`�e# > ?tt ��t�Rda�C
2sai rahorr ntitled�o t e em the•nenprevallirjg pa+iW
B ) acknowledge receipt of a copy of this page , which is Page 5 of 7 Pages .
299 yet and Setter
3W ESCROW AGENT AND BROKER
3u1 15 . ESCROW AGENT : Buyer and Seller authorize Escrow Agent to receive , deposit and hold funds and other items
in
302 escrow and , subject to clearance , disburse them upon proper authorization and in accordance with Florida law and the terms
303 of this Contract , Including disbursing brokerage fees . The parties agree that Escrow Agent will not be liable to any
person for
304 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent 's willful
breach of this
305 Contract or gross negligence . If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will
pay the
306 filing fees and costs from the deposit and will recover reasonable attorneys ' fees and costs to be
paid from the
307 escrowed funds or equivalent and charged and awarded as court costs In favor of the preyailing party.
All claims
308 against Escrow Agent will be arblkate sc�-ieng,ae-C�erew AQe+ t-eaaseats to ark+trate. c�k` "tt
3os 1 Rei=E9316NAL AD ems, BROKERtIA$t
310 that important to them and to consult an appropriate professional for Legal advice (for example , interpreting
co cts ,
311 determini the effect of laws on the Property and transaction, status of title, foreign investor reporting require nts
, the
312 effect of pro y lying partially or totally seaward of the Coastal Construction Control Line , etc . ) and
fo , property
313 condition, enviro ntal and other specialized advice. Buyer acknowledges that Broker does not res in the Property
314 and that all represen ns (oral , written or otherwise) by Broker are based on Seller representa s or public
records .
315 Buyer agrees to rely so on Seller, professional inspectors and governmental agencies for ril7cation of the Property
315 condition and facts that mat Ily affect Property value. Buyer and Seller respective) pay all costs and expenses,
317 including reasonable attorneys' fe t all levels , incurred by Broker and Broker's office , directors , agents and employees
318 in connection with or arising from Bu 's or Seller's misstatement or failure to rform contractual obligations . Buyer
319 and Seller hold harmless and release Br r and Broker's officers, director gents and employees from all liability
for
320 loss or damage based on (1 ) Buyer's or Sel ' misstatement or fallur perform contractual obligations; (2) Broker's
321 performance, at Buyer's and/or Seller's request, any task beyo he scope of services regulated by Chapter 475,
322 F 'S. , as amended , including Broker `s referral, reco ndatlo or retention of any vendor; (3) products or services
323 provided by any vendor; and (4) expenses incurred by art dor. Buyer and Seller each assume full responsibility
for
324 selecting and compensating their respective vendors. T ' pa aph will not relieve Broker of statutory obligations .
For
326 purposes of this paragraph , Broker will be treated a party to this ntract . This paragraph will survive closing .
328 17; BROKERS; The licensee(s) and brokerage named below are collectiv referred to as "Broker, " Instruction to Closing
327 Agent: Seller and Buyer direct closing t to disburse at closing the full a unt of the brokerage fees
as specified in
328 separate brokerage agreements with4 parties and cooperative agreements be en the brokers, except to the extent
329 Broker has retained such fees fro e escrowed funds . In the absence of such brok a agreements, closing agent will
Sao disburse brokerage fees a dicated below. This paragraph will not be used to mo ' any MLS or other
offer of
331 compensation made by or or listing broker to cooperating brokers.
332•
333' Selling Sales latokkense No. Selling FuMBrokersge Fes: ($ or % of Purchase Pr1ce)
3346 336' ales Assocratelticense No- ---- - — t7 1111 stirt9 firm/6rokeragee`(� or %rvFFbTd�
�fe `
338 ADDITIONAL TERMS
337" 18, ADDITIONAL TERMS:
Sellers : GEORGE H . STREETMAN , SANDRA M . STREETMAN, SHANNON S . PADGETT, KEVIN G .
STREETMAN as to Parcel #36 -33 - 3 &00001 - 0040 - 00001 . 0 ; GEORGE R . TUERK , INDIVIDUALLY
AND AS TRUSTEE , OF THE GEORGE R . TUERK TRUST DATED 10 -26- 92 , U/R/T DATED JUNE
24 , 1997 as to Parcel #36 -33-3&00001 - 0040 -00001 . 1 ; and GEORGE H . STREETMAN and
CALPHREY B . STREETMAN , each as to a 1/2 undivided interest , as tenants In common , as to Parcel
#36 -33-38- 00001 -0050- 00001 . 0
1 . All Sellers are collectively referenced herein as " Seller"
2 . Buyer and Seller acknowledge and agree that : a) Buyer will conduct due diligence on all three (3)
parcels owned by Seller ; b ) if Buyer proceeds to closing , Buyer shall purchase all three (3) parcels
from Seller at a simultaneous closing ; and c) if one ( 1 ) or more parcels are unsatisfactory , Buyer shall
not purchase any of the parcels . If one ( 1 ) or more parcels are not satisfactory to Buyer , Buyer shall
provide notice to Seller within five ( 5 ) days of such determination and , thereafter , Buyer shall not
be
obligated to close on any of the parcels ; Seller shall refund the deposit back to Buyer; and
neither
Buyer nor Seller shall have any further obligations to each other under this vacant land contract.
354'
355'
356'
357'
355' Buyer and Seller acknowledge receipt, of a copy of this page , which Is Page 6 of 7 Pages .
J
3W ESCROW AGENT AND BROKER
3u1 15 . ESCROW AGENT : Buyer and Seller authorize Escrow Agent to receive , deposit and hold funds and other items
in
302 escrow and , subject to clearance , disburse them upon proper authorization and in accordance with Florida law and the terms
303 of this Contract , Including disbursing brokerage fees . The parties agree that Escrow Agent will not be liable to any
person for
304 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent 's willful
breach of this
305 Contract or gross negligence . If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will
pay the
306 filing fees and costs from the deposit and will recover reasonable attorneys ' fees and costs to be
paid from the
307 escrowed funds or equivalent and charged and awarded as court costs In favor of the preyailing party.
All claims
308 against Escrow Agent will be arblkate sc�-ieng,ae-C�erew AQe+ t-eaaseats to ark+trate. c�k` "tt
3os 1 Rei=E9316NAL AD ems, BROKERtIA$t
310 that important to them and to consult an appropriate professional for Legal advice (for example , interpreting
co cts ,
311 determini the effect of laws on the Property and transaction, status of title, foreign investor reporting require nts
, the
312 effect of pro y lying partially or totally seaward of the Coastal Construction Control Line , etc . ) and
fo , property
313 condition, enviro ntal and other specialized advice. Buyer acknowledges that Broker does not res in the Property
314 and that all represen ns (oral , written or otherwise) by Broker are based on Seller representa s or public
records .
315 Buyer agrees to rely so on Seller, professional inspectors and governmental agencies for ril7cation of the Property
315 condition and facts that mat Ily affect Property value. Buyer and Seller respective) pay all costs and expenses,
317 including reasonable attorneys' fe t all levels , incurred by Broker and Broker's office , directors , agents and employees
318 in connection with or arising from Bu 's or Seller's misstatement or failure to rform contractual obligations . Buyer
319 and Seller hold harmless and release Br r and Broker's officers, director gents and employees from all liability
for
320 loss or damage based on (1 ) Buyer's or Sel ' misstatement or fallur perform contractual obligations; (2) Broker's
321 performance, at Buyer's and/or Seller's request, any task beyo he scope of services regulated by Chapter 475,
322 F 'S. , as amended , including Broker `s referral, reco ndatlo or retention of any vendor; (3) products or services
323 provided by any vendor; and (4) expenses incurred by art dor. Buyer and Seller each assume full responsibility
for
324 selecting and compensating their respective vendors. T ' pa aph will not relieve Broker of statutory obligations .
For
326 purposes of this paragraph , Broker will be treated a party to this ntract . This paragraph will survive closing .
328 17; BROKERS; The licensee(s) and brokerage named below are collectiv referred to as "Broker, " Instruction to Closing
327 Agent: Seller and Buyer direct closing t to disburse at closing the full a unt of the brokerage fees
as specified in
328 separate brokerage agreements with4 parties and cooperative agreements be en the brokers, except to the extent
329 Broker has retained such fees fro e escrowed funds . In the absence of such brok a agreements, closing agent will
Sao disburse brokerage fees a dicated below. This paragraph will not be used to mo ' any MLS or other
offer of
331 compensation made by or or listing broker to cooperating brokers.
332•
333' Selling Sales latokkense No. Selling FuMBrokersge Fes: ($ or % of Purchase Pr1ce)
3346 336' ales Assocratelticense No- ---- - — t7 1111 stirt9 firm/6rokeragee`(� or %rvFFbTd�
�fe `
338 ADDITIONAL TERMS
337" 18, ADDITIONAL TERMS:
Sellers : GEORGE H . STREETMAN , SANDRA M . STREETMAN, SHANNON S . PADGETT, KEVIN G .
STREETMAN as to Parcel #36 -33 - 3 &00001 - 0040 - 00001 . 0 ; GEORGE R . TUERK , INDIVIDUALLY
AND AS TRUSTEE , OF THE GEORGE R . TUERK TRUST DATED 10 -26- 92 , U/R/T DATED JUNE
24 , 1997 as to Parcel #36 -33-3&00001 - 0040 -00001 . 1 ; and GEORGE H . STREETMAN and
CALPHREY B . STREETMAN , each as to a 1/2 undivided interest , as tenants In common , as to Parcel
#36 -33-38- 00001 -0050- 00001 . 0
1 . All Sellers are collectively referenced herein as " Seller"
2 . Buyer and Seller acknowledge and agree that : a) Buyer will conduct due diligence on all three (3)
parcels owned by Seller ; b ) if Buyer proceeds to closing , Buyer shall purchase all three (3) parcels
from Seller at a simultaneous closing ; and c) if one ( 1 ) or more parcels are unsatisfactory , Buyer shall
not purchase any of the parcels . If one ( 1 ) or more parcels are not satisfactory to Buyer , Buyer shall
provide notice to Seller within five ( 5 ) days of such determination and , thereafter , Buyer shall not
be
obligated to close on any of the parcels ; Seller shall refund the deposit back to Buyer; and
neither
Buyer nor Seller shall have any further obligations to each other under this vacant land contract.
354'
355'
356'
357'
355' Buyer and Seller acknowledge receipt, of a copy of this page , which Is Page 6 of 7 Pages .
J
3 . Seller shall provide full information to Buyer concerning the borrow pond and/or borrow pit located
on one (1 ) of the parcels ; including , without limiting the generality of the foregoing , full disclosure as to
any written or oral understandings , contracts , or agreements of any nature whatsoever concerning the
ability of any person or entity to use the borrow pond and/or borrow pit or to access any of the parcels
for the purpose of using the borrow pond and/or borrow pit . Any such agreements must be terminated
prior to closing , as a condition precedent to Buyer' s obligation to close under this vacant land contract .
4 . Seller shall provide a copy of the prior title policy or policies and any other title
documents in
Seller' s possession to Buyer by June 15 , 2009 .
5 . Seller shall provide copies of prior surveys ; any environmental assessment reports , including
phase 1 , phase 2, and any successive phases; and soil boring tests , if any , in Seller' s possession to
Buyer by June 15, 2409.
6 . At closing, Seller shall execute one ( 1 ) or more Owner' s Possession And No Lien Affidavits and
Environmental Affidavits .
7 . A fully executed " Disclosure of Beneficial Interest " form shall be provided by Seller as applicable
pursuant to Florida Statutes section 286 . 23 .
,7s This is Intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing.
s77 OFFER AND ACCEPTANCE
ve' (Check if applicable: ❑ Buyer received a written real property disclosure statement from Seller before making this Offer )
o7s Buyer offers to purchase the Property on the above terms and conditions . Unless this Contract is signed by Seller and
a
W copy delivered to Buyer no later than a a, m . u p .m. on this offer will be
Af revoked and Buyer's deposit refunded subject to clearance of funds .
$2 COUNTER OFFER/ REJECTION
as' CI Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms
and deliver a
,a4 copy of the acceptance to Seller. Unless otherwise stated , the time for acceptance of any counteroffers shall be 2 days from
se' the date the counter is delivered. Q Seller rejects Buyer's offer.
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ,
1w Date: Buyer : rial rustrict ofrli a n Rime County
a7' Print name
-�--
Wesley S . Davis , Chairman
se• Date: Buyer:
eg' Phone: Print name
so' Fax:
;fo'L
si ' E- mail: epuY C ers2' Date: ? inistrator _
Print name :
ea• Date:
Seller:
M' Phone: Print name :
881 Fax: Address : ASSISTANT COUNTY ATTORNEY
97' E- mail:
* Sellers listed on Continuation Page
ae• Effective Date: ( Me date on which the last party signed or initialed and delivered the final offer or counteroffer.)
Is' Buyer, Seller ackno*Iedge receipt of a copy of this page, which is Page 7 of 7 Pages.
end local Association of RFne M make no representation as to the iI va dity or adequaq of any PfW810n of Ns form h eny sped
transattlen It><s sran<terdlzed torte shorAd not used h complextransectiotis or with exteruhre rlde(s or additions. ?lila fam m available for use by the entire real
estate of ft y
and is riot trrtarxled to the user as a Ft�on• NFAtron is a registered collective membership malts that may ba used ordy lry real estate tcensess wtw are members of
the
lVattonat Aseactatton et Re►uons antl vrfto eubacnbe to its Catle of Ethl�. of lark Tams by arty means �duding facsrrr0e a car'pu« farm.
11te copgttglit laws otthe Urrted Slates t17 U.S. GPda) futbld Utie uiecAhort�ed reproductkn
VAG-9 Rev. 4/07 m.2007 Bailie Association of p�roas` A� Rights Reserved
3 . Seller shall provide full information to Buyer concerning the borrow pond and/or borrow pit located
on one (1 ) of the parcels ; including , without limiting the generality of the foregoing , full disclosure as to
any written or oral understandings , contracts , or agreements of any nature whatsoever concerning the
ability of any person or entity to use the borrow pond and/or borrow pit or to access any of the parcels
for the purpose of using the borrow pond and/or borrow pit . Any such agreements must be terminated
prior to closing , as a condition precedent to Buyer' s obligation to close under this vacant land contract .
4 . Seller shall provide a copy of the prior title policy or policies and any other title
documents in
Seller' s possession to Buyer by June 15 , 2009 .
5 . Seller shall provide copies of prior surveys ; any environmental assessment reports , including
phase 1 , phase 2, and any successive phases; and soil boring tests , if any , in Seller' s possession to
Buyer by June 15, 2409.
6 . At closing, Seller shall execute one ( 1 ) or more Owner' s Possession And No Lien Affidavits and
Environmental Affidavits .
7 . A fully executed " Disclosure of Beneficial Interest " form shall be provided by Seller as applicable
pursuant to Florida Statutes section 286 . 23 .
,7s This is Intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing.
s77 OFFER AND ACCEPTANCE
ve' (Check if applicable: ❑ Buyer received a written real property disclosure statement from Seller before making this Offer )
o7s Buyer offers to purchase the Property on the above terms and conditions . Unless this Contract is signed by Seller and
a
W copy delivered to Buyer no later than a a, m . u p .m. on this offer will be
Af revoked and Buyer's deposit refunded subject to clearance of funds .
$2 COUNTER OFFER/ REJECTION
as' CI Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms
and deliver a
,a4 copy of the acceptance to Seller. Unless otherwise stated , the time for acceptance of any counteroffers shall be 2 days from
se' the date the counter is delivered. Q Seller rejects Buyer's offer.
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ,
1w Date: Buyer : rial rustrict ofrli a n Rime County
a7' Print name
-�--
Wesley S . Davis , Chairman
se• Date: Buyer:
eg' Phone: Print name
so' Fax:
;fo'L
si ' E- mail: epuY C ers2' Date: ? inistrator _
Print name :
ea• Date:
Seller:
M' Phone: Print name :
881 Fax: Address : ASSISTANT COUNTY ATTORNEY
97' E- mail:
* Sellers listed on Continuation Page
ae• Effective Date: ( Me date on which the last party signed or initialed and delivered the final offer or counteroffer.)
Is' Buyer, Seller ackno*Iedge receipt of a copy of this page, which is Page 7 of 7 Pages.
end local Association of RFne M make no representation as to the iI va dity or adequaq of any PfW810n of Ns form h eny sped
transattlen It><s sran<terdlzed torte shorAd not used h complextransectiotis or with exteruhre rlde(s or additions. ?lila fam m available for use by the entire real
estate of ft y
and is riot trrtarxled to the user as a Ft�on• NFAtron is a registered collective membership malts that may ba used ordy lry real estate tcensess wtw are members of
the
lVattonat Aseactatton et Re►uons antl vrfto eubacnbe to its Catle of Ethl�. of lark Tams by arty means �duding facsrrr0e a car'pu« farm.
11te copgttglit laws otthe Urrted Slates t17 U.S. GPda) futbld Utie uiecAhort�ed reproductkn
VAG-9 Rev. 4/07 m.2007 Bailie Association of p�roas` A� Rights Reserved
* CONTINUATION PAGE
Sellers .
Parcel #36 -3MB3 00001 -0040 00001 . 0
Date
ORGE H . STFIE TMAN
SANDRA V. ttRFEETMAN
SHANNON S . PADGETT
KEVIN G . STREETMAN
Parcel #36-33-38-00001 -004D-00001 . 1
Date
GEORGE R . TUERK , INDIVIDUALLY
GEORGE R . TUERK , TRUSTEE, OF THE
GEORGE R . TUERK TRUST DATED
10 -260920 U/R/T DATED JUNE 24 , 1997
Parcel #36 -33-38-00001 -0050000001 . 0
Date
&Ad ArA
(*tORGE H . STREETMAN
Yz undivided inter
r
ALPH EY B . STREETMAN
Yz undivided interest
* CONTINUATION PAGE
Sellers .
Parcel #36 -3MB3 00001 -0040 00001 . 0
Date
ORGE H . STFIE TMAN
SANDRA V. ttRFEETMAN
SHANNON S . PADGETT
KEVIN G . STREETMAN
Parcel #36-33-38-00001 -004D-00001 . 1
Date
GEORGE R . TUERK , INDIVIDUALLY
GEORGE R . TUERK , TRUSTEE, OF THE
GEORGE R . TUERK TRUST DATED
10 -260920 U/R/T DATED JUNE 24 , 1997
Parcel #36 -33-38-00001 -0050000001 . 0
Date
&Ad ArA
(*tORGE H . STREETMAN
Yz undivided inter
r
ALPH EY B . STREETMAN
Yz undivided interest
IMMW
5, •
PARTIES AND DESCRIPTION 0 P OPERTY
r 1 . SA DPU CkiASE: ("Seller")
a and 14 j - (" Buyer")
4 agree to seiLand buy on the terms a conditions specified below the • e (" Property') descr ,A F�
s Address:
s' Legal Descrtp n:
r 36-33-38-000014040-00001 . 0 ,1
36-33-38-00001 -0040-00001 . 1
1a 36-33-38-00001 -0050-00001 . 0
,r including all improvements and the following additional property:
13•
14'
15 � PRICE AND FINANCING
160 2. PURCHASE PRICE: $ �_ _ payable by Buyer in U .S. funds as follows:
1r (a) $ Deposit received (checks are subject to c e) on by
,a.
n4v19
20' ( � E9CrGW Agent) J
21 ' (Phone # of Escrow Agenq
zr (b) $ CY Additional deposit to be delivered to Escrow Agent by
23' days from Effective Date (10 days if left blank).
24• (Q) Total financing (see Paragraph 3 below) (express as a dollar amount or percentage)
28• (d) $ Others
266 (e) $ Balance to close (not including . Buyer's closing costs, prepaid items and proratlons). Al funds
27 paid at closing must be paid by locally drawn cashlers check, official check or wired funds.
2e' O (f) (complete only ifpurchase price will be determined based on a per unit cost instead of a fixed price)
The unit
29• used to determine the purchase price Is O lot 0 acre O square foot ❑ other (spedf r
30' prorating areas of less than a full unit. The purchase price ,will be $� I per unit. based on a calculation of
31 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor In accordance with Paragraph
324 8 (c) of this Contract. The following rights of way and other areas will be excluded from the calculation;
33' NEW
346 3. CASH/FINANCING: (Check as applicable) . ) (a) Buyer will pay cash for the•Property with no financing contingency.
W 0 (b) This Contract is contingent on Buyer• quafifying and obtaining the commitment(s) or approval(s) specified below (the
3s' "Financing') within days from Effective Date (if left blank then Closing Date or 30 days from Effective Date, whichever
37' occurs first) (the "Financing Period"). Buyer will apply for Financing, within days from Effective Date (5 days If left blares
as and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after
39 using diibence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract
40 and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all Interested parties.
41 ' 0 (1 ) New Financing: Buyer will secure a commitment for new third party finandng for $ or
4T % of the purchase price at the prevailing interest rate and loan costs based on Buyer's creditworthiness. Buyer
43 will keep Seller and Broker fully informed of the loan application status• and progress and authorizes the lender or
44 mortgage broker to disclose. all such Information to Seller and Broker.
4s• 0 (2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Seller in
the
4e' amount of $ bearing annual interest at % and payable as folows:
47'
4e The mortg99"ote, and any security agreement will be In a form acceptable to Seller and will follow forms generally
49 accept the where the Property is located; will provide for a late payment fee and acceleration at the mortgagee's
50 Buyer Shcer ( + ' U ackna� receipt of a copy of this page, which Is Pagel of 7 Pages.
IMMW
5, •
PARTIES AND DESCRIPTION 0 P OPERTY
r 1 . SA DPU CkiASE: ("Seller")
a and 14 j - (" Buyer")
4 agree to seiLand buy on the terms a conditions specified below the • e (" Property') descr ,A F�
s Address:
s' Legal Descrtp n:
r 36-33-38-000014040-00001 . 0 ,1
36-33-38-00001 -0040-00001 . 1
1a 36-33-38-00001 -0050-00001 . 0
,r including all improvements and the following additional property:
13•
14'
15 � PRICE AND FINANCING
160 2. PURCHASE PRICE: $ �_ _ payable by Buyer in U .S. funds as follows:
1r (a) $ Deposit received (checks are subject to c e) on by
,a.
n4v19
20' ( � E9CrGW Agent) J
21 ' (Phone # of Escrow Agenq
zr (b) $ CY Additional deposit to be delivered to Escrow Agent by
23' days from Effective Date (10 days if left blank).
24• (Q) Total financing (see Paragraph 3 below) (express as a dollar amount or percentage)
28• (d) $ Others
266 (e) $ Balance to close (not including . Buyer's closing costs, prepaid items and proratlons). Al funds
27 paid at closing must be paid by locally drawn cashlers check, official check or wired funds.
2e' O (f) (complete only ifpurchase price will be determined based on a per unit cost instead of a fixed price)
The unit
29• used to determine the purchase price Is O lot 0 acre O square foot ❑ other (spedf r
30' prorating areas of less than a full unit. The purchase price ,will be $� I per unit. based on a calculation of
31 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor In accordance with Paragraph
324 8 (c) of this Contract. The following rights of way and other areas will be excluded from the calculation;
33' NEW
346 3. CASH/FINANCING: (Check as applicable) . ) (a) Buyer will pay cash for the•Property with no financing contingency.
W 0 (b) This Contract is contingent on Buyer• quafifying and obtaining the commitment(s) or approval(s) specified below (the
3s' "Financing') within days from Effective Date (if left blank then Closing Date or 30 days from Effective Date, whichever
37' occurs first) (the "Financing Period"). Buyer will apply for Financing, within days from Effective Date (5 days If left blares
as and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after
39 using diibence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract
40 and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all Interested parties.
41 ' 0 (1 ) New Financing: Buyer will secure a commitment for new third party finandng for $ or
4T % of the purchase price at the prevailing interest rate and loan costs based on Buyer's creditworthiness. Buyer
43 will keep Seller and Broker fully informed of the loan application status• and progress and authorizes the lender or
44 mortgage broker to disclose. all such Information to Seller and Broker.
4s• 0 (2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Seller in
the
4e' amount of $ bearing annual interest at % and payable as folows:
47'
4e The mortg99"ote, and any security agreement will be In a form acceptable to Seller and will follow forms generally
49 accept the where the Property is located; will provide for a late payment fee and acceleration at the mortgagee's
50 Buyer Shcer ( + ' U ackna� receipt of a copy of this page, which Is Pagel of 7 Pages.
it • . . • . p • .`� : • -
• • • .
a ' s . • ' • - • • -. p.- • ' • : ,1 • • • • - • of : "
::w • � � • _ - • : :• ■ • • �� : i • • •. is r • : • : - =
/ • •
: . • : s • • +_ - - • par - : • : • • : 1 : _ �'
• • mmil :
. 1
it • . . • . p • .`� : • -
• • • .
a ' s . • ' • - • • -. p.- • ' • : ,1 • • • • - • of : "
::w • � � • _ - • : :• ■ • • �� : i • • •. is r • : • : - =
/ • •
: . • : s • • +_ - - • par - : • : • • : 1 : _ �'
• • mmil :
. 1
n 1 if an improvement is substantialy completed as of Effective Date but has not resulted In a Nen before closing, and Bayer will pay
112' all other amounts . If special assessments may be paid in instadmerrts )q Seiler (if left 131a shat pay-Ostallau ats-
113 -due-sftewelaslrg:if-Seller-;�eekL. Seller- Mt-pay the assessment In full prior to or at the time of closing . Public body does
114 not Include a Homeowner Association or Condominium Association.
116 (f) Tax Withholding : if Seller is a `foreign person' as defined by FIRPTA, Section 1445 of the internal Revenue
Code
Iia requires Buyer to withhold 10% of the amount realized by the Seiler on the transfer and terra the wfteld mount to the
117 Internal Revenue Service ORS) unless an exemption applies. The primary exemptions are (1 ) Seller provides Buyer with an
11e affidavit that Seller Is not a "foreign person" , (2) Seller provides Buyer with a Withholding Certificate providing for reduced or
119 eliminated withholding , or (3) the gross sales price Is $300,000 or less, Buyer is an Individual who purchases the Property to
120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of
1s1 the number of days the Property Is In use durN each of the first two 12 month perlcds after transfer. The IRS requires Buyer
122 and Seger to have a U.S, federal taxpayer Identification number ('TIN"} . Buyer and Seller agree to execute and deliver as
123 directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements Inchxiing applying
124 for a TIN within 3 days from Effective Date and delivering their respective TiN or Social Security numbers to the Closing Agent ,
126 If Seller applies for a withholding certificate but the application Is still pending as of closing, Buyer will place the 10% tax
In
12a escrow at Seller's expense to be disbursed In accordance with the teal detenninatlon of the IRS , provided Seller so requests
127 and gives Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at
125 closing to meet the withholding requirement, Seller will calmer to Buyer at closing tine additional cash necessary to satisfy the
129 requirement. Buyer will timet' disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts.
i3o (g) 1031 Exchange: if either Seger or Buyer wishes to enter into a like-kind exchange (egher simultaneously with closing or
131 after) under Section 1031 of the Internal Revenue Code ("Excharlgel, the other party will cooperate In all reasonable respects
132 to effectuate the Exchange Including executing documents; provided, however, that the cooperating party will incur no liability
133 or cost related to the Exchange and that the closing shag not be contingent upon, extended or delayed by the Exchange.
134 PROPERTY CONDITION
135 6. LAND USE: Seiler will deliver the Property to Buyer at the time agreed In its present. "as Is" condition, with
conditions
135 resulting from Buyer's Inspections and casualty damage, . If any, excepted . Seller will maintain the landscaping and
tel grounds in a comparable condition and will not engage In or permit any activity that would materially after the Property's
13a condition without the Buyer's prior written consent.
tae (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which
140 flood zone the Property Is in, whether flood Insurance is required and what restrictions apply to improving the Property and
141 rebuilding in the event of casualty.
142 (b) Government Regulation : Buyer Is advised that changes in government regulations and levels of service. which
143 affect Buyer's Intended use of the Property will not be grounds for canceling this% Contract If the Feasibility
Study
144 Perlod has expired or if Buyer has checked choice (c)(2) below.
145 (c) Inspectlons: (check (1) or (2) below)
148 (1 ) Feasibility Study: Buyer will, at Buyer's expense and within days from Effective Date "rF�ea� si�lA��t Study
147• Perlod" determin04other
her a Property is suitable, in Buyer's sole and absolute discretion, for Q "�x`}'`'q /- Q,.e
148• e. During the Feasibility Study Period , Buyer may conduct a Phase I environmental
149 assessment and gists, analyses, surveys and Investigations (' Inspections' that Buyer deems necessary to
Iso determine to Buyer's satisfaction the Property's engineering , architectural and environmental propertles; zoning and
161 zoning restrictions; subdivision statutes; soli and grade; availability of access to public roads, water, and other
utilities;
162 consistency with local, state and regional growth management plans; availability of permits, government approvals, and
153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's
154 Intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies.
155 Seller will sign all documents Buyer is required to file In connection with development or rezoning approvals.
168 Seller gives Buyer, Its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility
157 Study Period for the purpose of conducting Inspection; provided, however, that Buyer, Its agents, contractors and
166 assigns enter the Property and conduct Inspections at their own risk. Buyer�wilfl4dereaity-ead-hQIGI 29118P harleee- 1
159 -frorvl tosses damages coets;-ciairns-and-expenses-of-any-r+attffe-irielyddirig attor►leye fees expanses-end-Ilabllify
leo inodrred-irr-application*fbrmzoning-o"eWad proceedings erjd-frau Ilatsigty-te-eRy-Peraerr-erlslrig-ipen�-tt�e dt�•et-of
181 Buyer will not engage In any activity that could result In a
182 construction lien ieing filed against the Property without Seller's prior written consent . If this transaction does
not
183 close , Buyer will, at-Duyeis- expense, (4 ) repair:-all-aaraages4944e449perfY-resdltft freem4napeeftems-eFreFm
184 retie-Prc�periy te-the eeritiers-it-wash pr4er to seFld�ret ef-the l►�speeNerasrand-42} release to Seller all reports
les and other work generated as a result of the Inspections ,
168 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of
Buyer's
187 determination of whether or not the Property is acceptable . Buyer's failure to comply with this notice requirement
lee will constitute acceptance of the Property .as suitable for Buyer's intended use in Its was Is" condition. If the Property
1e Is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will
be deemed
170 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow
171 Agent receives proper authorization from all interested parties .
1726 0 (2) No Fliksibility .Study: Buyer is satisfied that the Property is suitable for Buyer's purposes , Including
being
173 satisfie at eft er public sewerage and water are available to the Property or the Property will be approved
for the
174• Buver ) nd Seller —a acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages.
n 1 if an improvement is substantialy completed as of Effective Date but has not resulted In a Nen before closing, and Bayer will pay
112' all other amounts . If special assessments may be paid in instadmerrts )q Seiler (if left 131a shat pay-Ostallau ats-
113 -due-sftewelaslrg:if-Seller-;�eekL. Seller- Mt-pay the assessment In full prior to or at the time of closing . Public body does
114 not Include a Homeowner Association or Condominium Association.
116 (f) Tax Withholding : if Seller is a `foreign person' as defined by FIRPTA, Section 1445 of the internal Revenue
Code
Iia requires Buyer to withhold 10% of the amount realized by the Seiler on the transfer and terra the wfteld mount to the
117 Internal Revenue Service ORS) unless an exemption applies. The primary exemptions are (1 ) Seller provides Buyer with an
11e affidavit that Seller Is not a "foreign person" , (2) Seller provides Buyer with a Withholding Certificate providing for reduced or
119 eliminated withholding , or (3) the gross sales price Is $300,000 or less, Buyer is an Individual who purchases the Property to
120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of
1s1 the number of days the Property Is In use durN each of the first two 12 month perlcds after transfer. The IRS requires Buyer
122 and Seger to have a U.S, federal taxpayer Identification number ('TIN"} . Buyer and Seller agree to execute and deliver as
123 directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements Inchxiing applying
124 for a TIN within 3 days from Effective Date and delivering their respective TiN or Social Security numbers to the Closing Agent ,
126 If Seller applies for a withholding certificate but the application Is still pending as of closing, Buyer will place the 10% tax
In
12a escrow at Seller's expense to be disbursed In accordance with the teal detenninatlon of the IRS , provided Seller so requests
127 and gives Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at
125 closing to meet the withholding requirement, Seller will calmer to Buyer at closing tine additional cash necessary to satisfy the
129 requirement. Buyer will timet' disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts.
i3o (g) 1031 Exchange: if either Seger or Buyer wishes to enter into a like-kind exchange (egher simultaneously with closing or
131 after) under Section 1031 of the Internal Revenue Code ("Excharlgel, the other party will cooperate In all reasonable respects
132 to effectuate the Exchange Including executing documents; provided, however, that the cooperating party will incur no liability
133 or cost related to the Exchange and that the closing shag not be contingent upon, extended or delayed by the Exchange.
134 PROPERTY CONDITION
135 6. LAND USE: Seiler will deliver the Property to Buyer at the time agreed In its present. "as Is" condition, with
conditions
135 resulting from Buyer's Inspections and casualty damage, . If any, excepted . Seller will maintain the landscaping and
tel grounds in a comparable condition and will not engage In or permit any activity that would materially after the Property's
13a condition without the Buyer's prior written consent.
tae (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which
140 flood zone the Property Is in, whether flood Insurance is required and what restrictions apply to improving the Property and
141 rebuilding in the event of casualty.
142 (b) Government Regulation : Buyer Is advised that changes in government regulations and levels of service. which
143 affect Buyer's Intended use of the Property will not be grounds for canceling this% Contract If the Feasibility
Study
144 Perlod has expired or if Buyer has checked choice (c)(2) below.
145 (c) Inspectlons: (check (1) or (2) below)
148 (1 ) Feasibility Study: Buyer will, at Buyer's expense and within days from Effective Date "rF�ea� si�lA��t Study
147• Perlod" determin04other
her a Property is suitable, in Buyer's sole and absolute discretion, for Q "�x`}'`'q /- Q,.e
148• e. During the Feasibility Study Period , Buyer may conduct a Phase I environmental
149 assessment and gists, analyses, surveys and Investigations (' Inspections' that Buyer deems necessary to
Iso determine to Buyer's satisfaction the Property's engineering , architectural and environmental propertles; zoning and
161 zoning restrictions; subdivision statutes; soli and grade; availability of access to public roads, water, and other
utilities;
162 consistency with local, state and regional growth management plans; availability of permits, government approvals, and
153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's
154 Intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies.
155 Seller will sign all documents Buyer is required to file In connection with development or rezoning approvals.
168 Seller gives Buyer, Its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility
157 Study Period for the purpose of conducting Inspection; provided, however, that Buyer, Its agents, contractors and
166 assigns enter the Property and conduct Inspections at their own risk. Buyer�wilfl4dereaity-ead-hQIGI 29118P harleee- 1
159 -frorvl tosses damages coets;-ciairns-and-expenses-of-any-r+attffe-irielyddirig attor►leye fees expanses-end-Ilabllify
leo inodrred-irr-application*fbrmzoning-o"eWad proceedings erjd-frau Ilatsigty-te-eRy-Peraerr-erlslrig-ipen�-tt�e dt�•et-of
181 Buyer will not engage In any activity that could result In a
182 construction lien ieing filed against the Property without Seller's prior written consent . If this transaction does
not
183 close , Buyer will, at-Duyeis- expense, (4 ) repair:-all-aaraages4944e449perfY-resdltft freem4napeeftems-eFreFm
184 retie-Prc�periy te-the eeritiers-it-wash pr4er to seFld�ret ef-the l►�speeNerasrand-42} release to Seller all reports
les and other work generated as a result of the Inspections ,
168 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of
Buyer's
187 determination of whether or not the Property is acceptable . Buyer's failure to comply with this notice requirement
lee will constitute acceptance of the Property .as suitable for Buyer's intended use in Its was Is" condition. If the Property
1e Is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will
be deemed
170 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow
171 Agent receives proper authorization from all interested parties .
1726 0 (2) No Fliksibility .Study: Buyer is satisfied that the Property is suitable for Buyer's purposes , Including
being
173 satisfie at eft er public sewerage and water are available to the Property or the Property will be approved
for the
174• Buver ) nd Seller —a acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages.
7e installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulatlons
ra and restrictions, such as subdivislon or deed restrictions , concurrency, growth management and environmental
T7 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any ned by F oridaurther inLawi tloa .Any
n (d) Subdivided Lands : if this Contract is for the purchase of subdivided loose fits disposition into 50 or more
lots,
as
rs contiguous land which is divided or is proposed to be divided for the pure p
1W parcels, units, or interests; or (b) Any land , whether contiguous or not , which is divided or proposed to be divided
into
let 50 or more lots , parcels, units, or Interests which are offered as a part of a common promotional plan. ' ,
Buyer may
182 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on whit B Buyer will er the
es
rs3 this Contract . If Buyer elects to cancel within the perlod provided , all funds or other property p b
184refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer.
im 7 . RiSK OF LOSS; EMINENT DOMAIN : It any portion of the Property is materially damaged by casualty before closing ,
Ise or Seller negotiates with a governmental authority to transfer all or part of the Property i lieu of eminent oa cell this Contract
fel or ii an eminent domain proceeding is Initiated , Seller will promptly Into Buyer. Either partyIn
Ise 13Y written notice to the other within 10 days from Buyer's receipt of Seller's nodficatlon, failing which Buyer will close if
any..
vee accordance with this Contract and receive all payments made by the government authority or insurances company,
TITLE
TITLE `kG�� Lw'��"iQ �,�u"�`-7" - " • -�,4� �
190statutory warranty deed or trustee, personal representative
1m 8. TITLE: Seller will convey marketable title to the Property by
182 or guardian deed as appropriate to Setter's status.
im (a) 111le Evidence: Title evidence will show legal access to the Property and marketable title of record In Snon
e a of
194 accordance with current title standards adopted by the Florida Bar, subject only to the following�tle ONO pt cements and
iw which prevent Buyer's intended use of the Property as n Mer e� 't
18e restrictions of record; matters of plat; existing zoning and government regulat ; all, gas end at ell r will is record
It
ver there is no right of entry; current taxes; mortgages that Buyer win assume; and encumbrances that Seller will discharge at
iss or before dosing. Seller will deliver to Buyer Seller's choice of one of the sfollowing �(Specify til evidence, 5(c) the selected
lee which must be generally accepted In the county where the Property
2w type). Seller will use option (1 ) in Palm Beach County and option (2) in Miami- Dade Countyo p d
2m (1 ) A 'title insurance commitment issued by a Florida-licensed title Insurer In the amount of the aa .talu.
y
202 subject only to title exceptions set forth in this Contract and deliveredno later�� sedn� �isting, the (5 � �
200 (2) An exxisting abstract of title from a reputable and existing abstract
204 certified as correct by an existing flim) purporting to be an accurate synopsis of the Instruments affecting title to the
209 Property recorded in the public records of the county where the Property is located and certifiedbto tato t�Insurer
206 However if such an abstract is not available to Seller, then a prior owner's title policy accepts
207 as a base for reiseuance of coverage. Seller will pay for copies of an Policy exceptlons and an update in a
format
we acceptable to Buyer's closing agent from the policy effective date and
in tt a data. if a priod to Buyer r policy is not ar quyees lng agents
vallable to
W9 together with copies of all documents recited In the prior policy
zvo Seller then (1 ) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date.
211 (b) Title F_xamtnatlon: Buyer wit examine the title evidence and deliver written notice to Seller, Wtthindays from receipt
212 (b title evidence but no Tater than Closing Date, of any defects that make the title unmarketable. Seller will have 30 days
213 from receipt of Buyer's notice of defects (" Curative Period") to cure the defects at Seller's expense. If Seller cures the
214 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on
218 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed . If Seller Is unable to
218 cure the defects within the Curative Period , Seller will deliver written notice to Buyer and Buyer will, within 10 days from
217 fects and close .the transactions
recei t of Seller's notice, either cancel this Contract or accept title with have theProperty surveyed and deliver written
215 (c) Survey: Buyer ma , prior to Closing Date and at Buyer's expense ,
21s notice to Seller, within y days from receipt of suryey but no later than J( days prior to closing, of any encroachments
on
2m the Property, encroachr'hents by the Property's Improvements an other lends or deed restriction or zoning violations .lige Any
221 such encroachment or violation will be treated in the same manner as a fide defect and Buyer's and Seller's obligations
222 will be determined in accordance with subparagraph (b) above• lig seaward of the coastal construction control One as
223 (d) Coastal Construction Control Line: If any pert of the Property
224 defined in Section 161 ,053 of the Florida Statutes, Seiler shall provide Buyer with an affidavit or survey asrequire used
225 delineating the Hne� location on the Property, unless Buyer waives this requirement In writing. The Property being
220 may be subject to coastal erosion and to federal, state , or local regulations that govern coastal property, Including delineation
227 of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine
2n turtles . Additional information can be obtained from the Florida Department of Environment a tion, including whether
M there are significant erosion conditions associated with the shoreline of the Property g Pu
23o' > Buyer waives the right to receive a CCCL affidavit or survey.
Will MISCELLANEOUS
232 9 . EFFECTIVE DATE; TIME; FORCE MAJEUREv-2 �� �hfl�� s�p�and
233 (a) Effactive Date: The "Effective Date" of this Contract is kr#4P
a
234 deHvera flaaleffer-oxcouatemffec Time is of the essence for all provisions of this Contract,
235 (b) Time: All ti periods expressed as days will be computed In business days (a "business day is every calendar day
239 except Sa day, ay and national legal holidays) , if any deadline falls on a Saturday, Sunday or national legal
23T Buyer d Seller ( U acknowledge recelpt of a copy of this page, which is Page 4 of 7 Pages.
7e installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulatlons
ra and restrictions, such as subdivislon or deed restrictions , concurrency, growth management and environmental
T7 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any ned by F oridaurther inLawi tloa .Any
n (d) Subdivided Lands : if this Contract is for the purchase of subdivided loose fits disposition into 50 or more
lots,
as
rs contiguous land which is divided or is proposed to be divided for the pure p
1W parcels, units, or interests; or (b) Any land , whether contiguous or not , which is divided or proposed to be divided
into
let 50 or more lots , parcels, units, or Interests which are offered as a part of a common promotional plan. ' ,
Buyer may
182 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on whit B Buyer will er the
es
rs3 this Contract . If Buyer elects to cancel within the perlod provided , all funds or other property p b
184refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer.
im 7 . RiSK OF LOSS; EMINENT DOMAIN : It any portion of the Property is materially damaged by casualty before closing ,
Ise or Seller negotiates with a governmental authority to transfer all or part of the Property i lieu of eminent oa cell this Contract
fel or ii an eminent domain proceeding is Initiated , Seller will promptly Into Buyer. Either partyIn
Ise 13Y written notice to the other within 10 days from Buyer's receipt of Seller's nodficatlon, failing which Buyer will close if
any..
vee accordance with this Contract and receive all payments made by the government authority or insurances company,
TITLE
TITLE `kG�� Lw'��"iQ �,�u"�`-7" - " • -�,4� �
190statutory warranty deed or trustee, personal representative
1m 8. TITLE: Seller will convey marketable title to the Property by
182 or guardian deed as appropriate to Setter's status.
im (a) 111le Evidence: Title evidence will show legal access to the Property and marketable title of record In Snon
e a of
194 accordance with current title standards adopted by the Florida Bar, subject only to the following�tle ONO pt cements and
iw which prevent Buyer's intended use of the Property as n Mer e� 't
18e restrictions of record; matters of plat; existing zoning and government regulat ; all, gas end at ell r will is record
It
ver there is no right of entry; current taxes; mortgages that Buyer win assume; and encumbrances that Seller will discharge at
iss or before dosing. Seller will deliver to Buyer Seller's choice of one of the sfollowing �(Specify til evidence, 5(c) the selected
lee which must be generally accepted In the county where the Property
2w type). Seller will use option (1 ) in Palm Beach County and option (2) in Miami- Dade Countyo p d
2m (1 ) A 'title insurance commitment issued by a Florida-licensed title Insurer In the amount of the aa .talu.
y
202 subject only to title exceptions set forth in this Contract and deliveredno later�� sedn� �isting, the (5 � �
200 (2) An exxisting abstract of title from a reputable and existing abstract
204 certified as correct by an existing flim) purporting to be an accurate synopsis of the Instruments affecting title to the
209 Property recorded in the public records of the county where the Property is located and certifiedbto tato t�Insurer
206 However if such an abstract is not available to Seller, then a prior owner's title policy accepts
207 as a base for reiseuance of coverage. Seller will pay for copies of an Policy exceptlons and an update in a
format
we acceptable to Buyer's closing agent from the policy effective date and
in tt a data. if a priod to Buyer r policy is not ar quyees lng agents
vallable to
W9 together with copies of all documents recited In the prior policy
zvo Seller then (1 ) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date.
211 (b) Title F_xamtnatlon: Buyer wit examine the title evidence and deliver written notice to Seller, Wtthindays from receipt
212 (b title evidence but no Tater than Closing Date, of any defects that make the title unmarketable. Seller will have 30 days
213 from receipt of Buyer's notice of defects (" Curative Period") to cure the defects at Seller's expense. If Seller cures the
214 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on
218 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed . If Seller Is unable to
218 cure the defects within the Curative Period , Seller will deliver written notice to Buyer and Buyer will, within 10 days from
217 fects and close .the transactions
recei t of Seller's notice, either cancel this Contract or accept title with have theProperty surveyed and deliver written
215 (c) Survey: Buyer ma , prior to Closing Date and at Buyer's expense ,
21s notice to Seller, within y days from receipt of suryey but no later than J( days prior to closing, of any encroachments
on
2m the Property, encroachr'hents by the Property's Improvements an other lends or deed restriction or zoning violations .lige Any
221 such encroachment or violation will be treated in the same manner as a fide defect and Buyer's and Seller's obligations
222 will be determined in accordance with subparagraph (b) above• lig seaward of the coastal construction control One as
223 (d) Coastal Construction Control Line: If any pert of the Property
224 defined in Section 161 ,053 of the Florida Statutes, Seiler shall provide Buyer with an affidavit or survey asrequire used
225 delineating the Hne� location on the Property, unless Buyer waives this requirement In writing. The Property being
220 may be subject to coastal erosion and to federal, state , or local regulations that govern coastal property, Including delineation
227 of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine
2n turtles . Additional information can be obtained from the Florida Department of Environment a tion, including whether
M there are significant erosion conditions associated with the shoreline of the Property g Pu
23o' > Buyer waives the right to receive a CCCL affidavit or survey.
Will MISCELLANEOUS
232 9 . EFFECTIVE DATE; TIME; FORCE MAJEUREv-2 �� �hfl�� s�p�and
233 (a) Effactive Date: The "Effective Date" of this Contract is kr#4P
a
234 deHvera flaaleffer-oxcouatemffec Time is of the essence for all provisions of this Contract,
235 (b) Time: All ti periods expressed as days will be computed In business days (a "business day is every calendar day
239 except Sa day, ay and national legal holidays) , if any deadline falls on a Saturday, Sunday or national legal
23T Buyer d Seller ( U acknowledge recelpt of a copy of this page, which is Page 4 of 7 Pages.
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1
30o ESCROW AGENT AND BROKER
3o1 15, ESCROW AGENT: Buyer and Seller auftrize Escrow Agent to receive, deposit and hold funds and other items In
Sox escrow and , subject to cleararlce, disburse them upon proper authorization and in accordance with Florida law and tterms
301 of this Contract , including disfwrsing brokerage fees. The parties agree that Escrow Agent will not be
liable t0 any person
4 rnisdellvery, of escrowed Items to Buyer or Seller, uNess the misdelNery Is due to Escrow Agent s willful breach
of this
30
am Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the
306 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid
from the
307 escrowed funds or equivalent and charged and awarded as court costs In favor of the preyral!Inq party.
All claims
3w against Escrow Agent will beWIN to verifsralt&181=� 3w
arbitFated,-sedoag-as-Eserew-Agaflt-ee r► � ' Fn�
300 1 : FEaS I[, -Bf"t
ate rofemlonal for legal advice or example, Interpreting c cts,
310 that Important to them and to consult an appropriate p
311 determin the effect of laws on the Property and transection , status Of title, foreign Investor reporting requlre�
ta , the
312 effect of pro ging partially Or totally seaward of the Coastal Construction Control Line, etc.) and fo Sic
property
313 condition, enviro ntal and other specialized advice. Buyer acknowledges that Broker does not r the Property
314 and that all represan ' ns (oral , written or otherwise) by Broker are based On Seller represents or public records.
315 Buyer agrees to rely so on Seger, professional Inspectors and governmental agencies forS�$ d expenses,
ace condition and facts that mat e Property
Ily affect Property value. Buyer and Seller respective paY
317 including reasonable attorneys' f t all levels, Incurred by Broker and Broker's of is ; directors, agents and employees
31s in connection with or arising from Bu s or Seller's misstatement or fallure t rform contractual obllgatlons . Buyer
31e and Seller hold harmless and release B r and Broker's officers, direct ents and employees from all liability
for
azo loss or damage based on (1 ) Buyer's or Sol misstatement or faflu perform contractual ob%atlons; (2) Broker's
321 performance , at Buyer's and/or Seller's request, any task beyo he scope of services regulated by Chapter 475,
sn F.S. , as amended, Including Broker's referral, reco ndatl r retention of any vendor; (3) products or services
323 provided by any vendor; and (4) expenses incurred by a dor. Buyer and Seller each assume full responslbli ly for
324 selecting and compensating their respective vendors. aph will not relieve Broker of statutory obligations. For
3x5 purposes of this paragraph, Broker will be treated party to this tract. This paragraph will survive closing .
3z5 17. BROKERS: The gcensee(s) and brolaerag mad below are cotac referred to as "Broker," Instruction to Cllfa�sing
In
327 Ageft Seller and Buyer direct dosing to disburse at closing the fug Of the brokerage tees as spec
32a separate brokerage agreements with parties .and cooperative agreements ba n the brokers, except to the extent
see Broker has retained such fees fro a escrowed funds. In the absence of . such brok a agreements, closing agent will
33o disburse brokerage fees a dlcated below. This paragraph will not be used to mo any MLS or other offer of
331 compensation made by er or listing broker to cooperating brokers.
332 SeJAng FkrNerNreraBa Fee ($ a 911 of Pixrtiese Pncad
333' SOM Sol" A eakenw No.
�' Pcxctrese'Pnce
Assode
335 ADDITIONAL TERMS
337. 18, ADDITIONAL TERMS:
Sellers: GEORGE H . STREETMAN , SANDRA M . STREETMAN , SHANNON S . PADGETT , KEVIN G .
STREETMAN as to Parcel #36- 33-38 -00001 -0040-00001 .0; GEORGE R . TUERK , INDIVIDUALLY
AND AS TRUSTEE , OF THE GEORGE R . TUERK TRUST DATED 10-26-92 , U/R/T DATED JUNE
24, 11997 as to Parcel #36=33-38-00001 - 0040-00001 . 1 ; and GEORGE H. STREETMAN and
CALPHREY Be STREETMAN , each as to a 'h undivided interest, as tenants In common , as to Parcel
#36-33-38-00001 -0050-00001 . 0
1 . All Sellers are collectively referenced herein as " Seller"
2 . Buyer and Seller acknowledge and agree that; a) Buyer will conduct due diligence on all three (3)
parcels owned by Seller; b) if Buyer proceeds to closing , Buyer shall purchase all three (3) parcels
from Seller at a simultaneous closing ; and c) if one ( 1 ) or more parcels are unsatisfactory , Buyer shall
not purchase any of the parcels . If one ( 1 ) or more parcels are not satisfactory to Buyer, Buyer shall
provide notice to Seller within five (5) days of such determination and , thereafter, Buyer shall not be
obligated to close on any of the parcels ; Seller shall refund the deposit back to Buyer; and neither
Buyer nor Seller shall have any further obligations to each other under this vacant land contract.
354'
355'
355'
367'
358' Buyer d Seiler (4 ( 1 acknowledge receipt of a copy of this page, which Is Page 6 of 7 Pages.
30o ESCROW AGENT AND BROKER
3o1 15, ESCROW AGENT: Buyer and Seller auftrize Escrow Agent to receive, deposit and hold funds and other items In
Sox escrow and , subject to cleararlce, disburse them upon proper authorization and in accordance with Florida law and tterms
301 of this Contract , including disfwrsing brokerage fees. The parties agree that Escrow Agent will not be
liable t0 any person
4 rnisdellvery, of escrowed Items to Buyer or Seller, uNess the misdelNery Is due to Escrow Agent s willful breach
of this
30
am Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the
306 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid
from the
307 escrowed funds or equivalent and charged and awarded as court costs In favor of the preyral!Inq party.
All claims
3w against Escrow Agent will beWIN to verifsralt&181=� 3w
arbitFated,-sedoag-as-Eserew-Agaflt-ee r► � ' Fn�
300 1 : FEaS I[, -Bf"t
ate rofemlonal for legal advice or example, Interpreting c cts,
310 that Important to them and to consult an appropriate p
311 determin the effect of laws on the Property and transection , status Of title, foreign Investor reporting requlre�
ta , the
312 effect of pro ging partially Or totally seaward of the Coastal Construction Control Line, etc.) and fo Sic
property
313 condition, enviro ntal and other specialized advice. Buyer acknowledges that Broker does not r the Property
314 and that all represan ' ns (oral , written or otherwise) by Broker are based On Seller represents or public records.
315 Buyer agrees to rely so on Seger, professional Inspectors and governmental agencies forS�$ d expenses,
ace condition and facts that mat e Property
Ily affect Property value. Buyer and Seller respective paY
317 including reasonable attorneys' f t all levels, Incurred by Broker and Broker's of is ; directors, agents and employees
31s in connection with or arising from Bu s or Seller's misstatement or fallure t rform contractual obllgatlons . Buyer
31e and Seller hold harmless and release B r and Broker's officers, direct ents and employees from all liability
for
azo loss or damage based on (1 ) Buyer's or Sol misstatement or faflu perform contractual ob%atlons; (2) Broker's
321 performance , at Buyer's and/or Seller's request, any task beyo he scope of services regulated by Chapter 475,
sn F.S. , as amended, Including Broker's referral, reco ndatl r retention of any vendor; (3) products or services
323 provided by any vendor; and (4) expenses incurred by a dor. Buyer and Seller each assume full responslbli ly for
324 selecting and compensating their respective vendors. aph will not relieve Broker of statutory obligations. For
3x5 purposes of this paragraph, Broker will be treated party to this tract. This paragraph will survive closing .
3z5 17. BROKERS: The gcensee(s) and brolaerag mad below are cotac referred to as "Broker," Instruction to Cllfa�sing
In
327 Ageft Seller and Buyer direct dosing to disburse at closing the fug Of the brokerage tees as spec
32a separate brokerage agreements with parties .and cooperative agreements ba n the brokers, except to the extent
see Broker has retained such fees fro a escrowed funds. In the absence of . such brok a agreements, closing agent will
33o disburse brokerage fees a dlcated below. This paragraph will not be used to mo any MLS or other offer of
331 compensation made by er or listing broker to cooperating brokers.
332 SeJAng FkrNerNreraBa Fee ($ a 911 of Pixrtiese Pncad
333' SOM Sol" A eakenw No.
�' Pcxctrese'Pnce
Assode
335 ADDITIONAL TERMS
337. 18, ADDITIONAL TERMS:
Sellers: GEORGE H . STREETMAN , SANDRA M . STREETMAN , SHANNON S . PADGETT , KEVIN G .
STREETMAN as to Parcel #36- 33-38 -00001 -0040-00001 .0; GEORGE R . TUERK , INDIVIDUALLY
AND AS TRUSTEE , OF THE GEORGE R . TUERK TRUST DATED 10-26-92 , U/R/T DATED JUNE
24, 11997 as to Parcel #36=33-38-00001 - 0040-00001 . 1 ; and GEORGE H. STREETMAN and
CALPHREY Be STREETMAN , each as to a 'h undivided interest, as tenants In common , as to Parcel
#36-33-38-00001 -0050-00001 . 0
1 . All Sellers are collectively referenced herein as " Seller"
2 . Buyer and Seller acknowledge and agree that; a) Buyer will conduct due diligence on all three (3)
parcels owned by Seller; b) if Buyer proceeds to closing , Buyer shall purchase all three (3) parcels
from Seller at a simultaneous closing ; and c) if one ( 1 ) or more parcels are unsatisfactory , Buyer shall
not purchase any of the parcels . If one ( 1 ) or more parcels are not satisfactory to Buyer, Buyer shall
provide notice to Seller within five (5) days of such determination and , thereafter, Buyer shall not be
obligated to close on any of the parcels ; Seller shall refund the deposit back to Buyer; and neither
Buyer nor Seller shall have any further obligations to each other under this vacant land contract.
354'
355'
355'
367'
358' Buyer d Seiler (4 ( 1 acknowledge receipt of a copy of this page, which Is Page 6 of 7 Pages.
3 . Seller shall provide full information to Buyer concerning the borrow pond and/or borrow pit located
on one ( 1 ) of the parcels ; including , without limiting the generality of the foregoing , full disclosure as to
any written or oral understandings , contracts , or agreements of any nature whatsoever concerning the
ability of any person or entity to use the borrow pond and/or borrow pit or to access any of the parcels
for the purpose of using the borrow pond and/or borrow pit. Any such agreements must be terminated
prior to closing , as a condition precedent to Buyer's obligation to close under this vacant land contract.
4 . Seller shall provide a copy of the prior title policy or policies and any other title documents
in
Seller's possession to Buyer by June 151 2009 .
5 . Seller shall provide copies of prior surveys ; any environmental assessment reports, including
phase 1 , phase 2, and any successive phases, and soil boring tests, if any, in Seller's possession to
Buyer by June 15, 2009 .
6 . At closing , Seller shall execute one ( 1 ) or more Owner's Possession And No Lien Affidavits and
Environmental Affidavits .
T A fully executed " Disclosure of Beneficial Interest' form shall be provided by Seller as applicable
pursuant to Florida Statutes section 286 . 23 .
ae This Is Intended to be a legally binding contract. If not fullyunderstood, seek the advice of an attorney prior to signing.
OFFER AND ACCEPTANCE
76• (Check 1f applicable: O Buyer received a written real property dsclosUre statement from Seller before making this Offer.)
rig Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract Is signed by Seller and
a
6' copy delivered to Buyer no later than 0 am. O p.m. on this offer will be
at revoked and Buyer's deposit refunded subject to clearance of funds .
COUNTER OFFER/ REJECTION
*3' C1 Wier counters Buyer's offer (to accept the counter offer, Buyer must sign or Initial the counter offered terms and de&ver
a
64 copy of the acceptance to Seller. Unless otherwise stated, the time fpr acceptance of arty counteroffers shall be 2 days from
ter• the date the counter is delivered. O Seiler rejects Buyer's offer.
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ,
wDate:Buyer: a HP. Pgn faenf R.nonig1l disl1wrief of Tnrlian Ri vPr County
Print name : Gc_
.e
Wesley S . Davis , Chairman
se' Date: Buyer:
w Phone: Print name: 16 k
w Fax: —
E•rnail:
frmgl e er
92' Date: y rtlstrator
93' ArJ! PMqV9P A to 00
nt name•
64' Date: Seller;
es' Phone: Print name : �+ IAKi r- L
Fax: Address, ASSISTANT COUNTY ATTORNEY
ar E-mall:
* Sellers listed on Continuation Page I
as• Effective Date: IP• (rhe date on which the last party signed or Initialed and de8vered the final offer or counteroffer.)
is* Buyer, eller 41 TJ L� admoWledge receipt of a copy of this page, which Is Page 7 of T Pagess
rhoRA ciatonofRvzomm 4awmpuaota onactoftI"vivddyoradoweyormywoubla, ofmnknnharWepodoc
trartaectlan Thb swoNdbd forth should not be used in oawvlex transwitorn or'wRh axbndve rfofem or adMons. T* tom Isawdabts for uss by tlta antra reel estate Industry
OW b not krtardedto Idontlfy the user as a Huron• F kwm b a regbteted coledve mambws* lnmtc that nny be used only by reel estate k enaees who aremembersof the
National Aasoeh Ion of Fkmiom and who aubserba to hs Code of Ohlcs.
T1110obpr!(>1tMMdth Urbd SMm (a Vi& Cx" bMthe us � Woducknofb r xrrebyanymmmhdu*og %rsftorm pdehedbrna
VAGg Rev. 4/07 0 2007 Flbrlda Association of Rm:rm ' AI Rights Reserved
3 . Seller shall provide full information to Buyer concerning the borrow pond and/or borrow pit located
on one ( 1 ) of the parcels ; including , without limiting the generality of the foregoing , full disclosure as to
any written or oral understandings , contracts , or agreements of any nature whatsoever concerning the
ability of any person or entity to use the borrow pond and/or borrow pit or to access any of the parcels
for the purpose of using the borrow pond and/or borrow pit. Any such agreements must be terminated
prior to closing , as a condition precedent to Buyer's obligation to close under this vacant land contract.
4 . Seller shall provide a copy of the prior title policy or policies and any other title documents
in
Seller's possession to Buyer by June 151 2009 .
5 . Seller shall provide copies of prior surveys ; any environmental assessment reports, including
phase 1 , phase 2, and any successive phases, and soil boring tests, if any, in Seller's possession to
Buyer by June 15, 2009 .
6 . At closing , Seller shall execute one ( 1 ) or more Owner's Possession And No Lien Affidavits and
Environmental Affidavits .
T A fully executed " Disclosure of Beneficial Interest' form shall be provided by Seller as applicable
pursuant to Florida Statutes section 286 . 23 .
ae This Is Intended to be a legally binding contract. If not fullyunderstood, seek the advice of an attorney prior to signing.
OFFER AND ACCEPTANCE
76• (Check 1f applicable: O Buyer received a written real property dsclosUre statement from Seller before making this Offer.)
rig Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract Is signed by Seller and
a
6' copy delivered to Buyer no later than 0 am. O p.m. on this offer will be
at revoked and Buyer's deposit refunded subject to clearance of funds .
COUNTER OFFER/ REJECTION
*3' C1 Wier counters Buyer's offer (to accept the counter offer, Buyer must sign or Initial the counter offered terms and de&ver
a
64 copy of the acceptance to Seller. Unless otherwise stated, the time fpr acceptance of arty counteroffers shall be 2 days from
ter• the date the counter is delivered. O Seiler rejects Buyer's offer.
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ,
wDate:Buyer: a HP. Pgn faenf R.nonig1l disl1wrief of Tnrlian Ri vPr County
Print name : Gc_
.e
Wesley S . Davis , Chairman
se' Date: Buyer:
w Phone: Print name: 16 k
w Fax: —
E•rnail:
frmgl e er
92' Date: y rtlstrator
93' ArJ! PMqV9P A to 00
nt name•
64' Date: Seller;
es' Phone: Print name : �+ IAKi r- L
Fax: Address, ASSISTANT COUNTY ATTORNEY
ar E-mall:
* Sellers listed on Continuation Page I
as• Effective Date: IP• (rhe date on which the last party signed or Initialed and de8vered the final offer or counteroffer.)
is* Buyer, eller 41 TJ L� admoWledge receipt of a copy of this page, which Is Page 7 of T Pagess
rhoRA ciatonofRvzomm 4awmpuaota onactoftI"vivddyoradoweyormywoubla, ofmnknnharWepodoc
trartaectlan Thb swoNdbd forth should not be used in oawvlex transwitorn or'wRh axbndve rfofem or adMons. T* tom Isawdabts for uss by tlta antra reel estate Industry
OW b not krtardedto Idontlfy the user as a Huron• F kwm b a regbteted coledve mambws* lnmtc that nny be used only by reel estate k enaees who aremembersof the
National Aasoeh Ion of Fkmiom and who aubserba to hs Code of Ohlcs.
T1110obpr!(>1tMMdth Urbd SMm (a Vi& Cx" bMthe us � Woducknofb r xrrebyanymmmhdu*og %rsftorm pdehedbrna
VAGg Rev. 4/07 0 2007 Flbrlda Association of Rm:rm ' AI Rights Reserved
* CONTINUATION PAGE
Sellers .
Parcel #36-33-38 -00001 -0040. 00001 .0
Date
GEORGE H . STREETMAN
SANDRA M . STREETMAN
SHANNON S . PADGETT
KEVIN G . STREETMAN
Parcel #36.33-38-0/0001 -0040-00001 . 1
DateGE61401E R. TUERK , INDIVIDUALLY
GWRGE110 TUERK, TRUSTEE , OF THE
GEORGE R . TUERK TRUST DATED
10-2642 , U/R/T DATED JUNE 24, 1997
Parcel # 36.33-38-00001 -0050-000011 . 0
Date
GEORGE H . STREETMAN
Yz undivided Interest
CALPHREY B . STREETMAN
Yz undivided interest
i
i
I
* CONTINUATION PAGE
Sellers .
Parcel #36-33-38 -00001 -0040. 00001 .0
Date
GEORGE H . STREETMAN
SANDRA M . STREETMAN
SHANNON S . PADGETT
KEVIN G . STREETMAN
Parcel #36.33-38-0/0001 -0040-00001 . 1
DateGE61401E R. TUERK , INDIVIDUALLY
GWRGE110 TUERK, TRUSTEE , OF THE
GEORGE R . TUERK TRUST DATED
10-2642 , U/R/T DATED JUNE 24, 1997
Parcel # 36.33-38-00001 -0050-000011 . 0
Date
GEORGE H . STREETMAN
Yz undivided Interest
CALPHREY B . STREETMAN
Yz undivided interest
i
i
I
s:
2015226
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
:\ OF INDIAN RIVER COUNTY FL
BK : 2365 PG : 1055 . Pagel of 5
Prepared by and return to : U *11 - 2009 at 01 : 59 PM , DOC STAMPS D
Ralph L . Evans
gn
Attorney at Law JEFFREY K BARTON , CLERK OF COURT
Stewart, Evans, Stewart & Emmons, P .A.
3355 Ocean Drive
Vero Beach, FL 32963
772 -231 -3500 Deed : $ 44 . 00
File Number : 13411 Doc Stamps : $ 69232 . 80
Will Call No . : 80 Total: $ 6 , 276 . 80
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 28th day of August, 2009 between George R. Tuerk, as Trustee of
the George R. Tuerk Trust dated 10/26/92 , under Restated Trust dated 06/24/1997, as to Parcel 1 ;
George H . Streetman , Sandra M. Streetman , Kevin G. Streetman , Shannon S . Padgett, as to
Parcel 2 ; George H . Streetman , Calphrey B . Streetman , as to Parcel 3 whose post office address is 677
Lake Drive, Vero Beach, FL 32963 , grantor, and Indian River County Solid Waste Disposal District, a
dependent special district of Indian River County, a political subdivision of the State of Florida
whose post office address is 1801 27th Street , Bldg . A, Vero Beach, FL 32960 , grantee :
(Whenever used herein the terms " grantor " and " grantee " include all the parties to this instrument
and the heirs , legal
representatives , and assigns of individuals , and the successors and assigns of corporations , trusts and trustees )
Witnesseth , that said grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ 10 . 00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee' s heirs and assigns forever,
the following
described land, situate, lying and being in Indian River County, Florida to -wit:
Parcel 1 :
The North one third (measured in acres) of the following described land : Tracts 4
and 5 , Section 36 , Township 33 South , Range 38 East, according to the last general
plat of lands of Indian River Farms Company, filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida , and recorded therein in Plat Book 2 ,
Page 25 ; less , however, that part thereof lying within the right of way of Interstate
Highway 95 as described in deed recorded in O . R. Book 280 , Page 261 , Public
Records of Indian River County, Florida ; Said land lying and being in Indian River
County, Florida .
Parcel Identification Number : 33 -38-36- 00001 -0040- 00001 . 1
and
Parcel 2 :
That portion of the following described property, less the South one third (measured
in acres) and also less the North one third (measured in acres ) : Tracts 4 and 5 ,
Section 36, Township 33 South , Range 38 East, according to the last general plat of
lands of Indian River Farms Company, filed in the Office of the Clerk of the Circuit
Court of St. Lucie County, Florida, and recorded therein in Plat Book 2 , Page 25 ;
DoubleTime®
s:
2015226
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
:\ OF INDIAN RIVER COUNTY FL
BK : 2365 PG : 1055 . Pagel of 5
Prepared by and return to : U *11 - 2009 at 01 : 59 PM , DOC STAMPS D
Ralph L . Evans
gn
Attorney at Law JEFFREY K BARTON , CLERK OF COURT
Stewart, Evans, Stewart & Emmons, P .A.
3355 Ocean Drive
Vero Beach, FL 32963
772 -231 -3500 Deed : $ 44 . 00
File Number : 13411 Doc Stamps : $ 69232 . 80
Will Call No . : 80 Total: $ 6 , 276 . 80
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 28th day of August, 2009 between George R. Tuerk, as Trustee of
the George R. Tuerk Trust dated 10/26/92 , under Restated Trust dated 06/24/1997, as to Parcel 1 ;
George H . Streetman , Sandra M. Streetman , Kevin G. Streetman , Shannon S . Padgett, as to
Parcel 2 ; George H . Streetman , Calphrey B . Streetman , as to Parcel 3 whose post office address is 677
Lake Drive, Vero Beach, FL 32963 , grantor, and Indian River County Solid Waste Disposal District, a
dependent special district of Indian River County, a political subdivision of the State of Florida
whose post office address is 1801 27th Street , Bldg . A, Vero Beach, FL 32960 , grantee :
(Whenever used herein the terms " grantor " and " grantee " include all the parties to this instrument
and the heirs , legal
representatives , and assigns of individuals , and the successors and assigns of corporations , trusts and trustees )
Witnesseth , that said grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ 10 . 00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee' s heirs and assigns forever,
the following
described land, situate, lying and being in Indian River County, Florida to -wit:
Parcel 1 :
The North one third (measured in acres) of the following described land : Tracts 4
and 5 , Section 36 , Township 33 South , Range 38 East, according to the last general
plat of lands of Indian River Farms Company, filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida , and recorded therein in Plat Book 2 ,
Page 25 ; less , however, that part thereof lying within the right of way of Interstate
Highway 95 as described in deed recorded in O . R. Book 280 , Page 261 , Public
Records of Indian River County, Florida ; Said land lying and being in Indian River
County, Florida .
Parcel Identification Number : 33 -38-36- 00001 -0040- 00001 . 1
and
Parcel 2 :
That portion of the following described property, less the South one third (measured
in acres) and also less the North one third (measured in acres ) : Tracts 4 and 5 ,
Section 36, Township 33 South , Range 38 East, according to the last general plat of
lands of Indian River Farms Company, filed in the Office of the Clerk of the Circuit
Court of St. Lucie County, Florida, and recorded therein in Plat Book 2 , Page 25 ;
DoubleTime®
less , however, that part thereof lying within the right of way of Interstate Highway
95 as described in deed recorded in O . R. Book 280 , Page 261 , Public Records of
Indian River County, Florida ; Said land lying and being in Indian River County,
Florida
Parcel Identification Number : 33 -38-36-00001 - 0040- 00001 . 0
and
Parcel 3 :
The South one third (measured in acres) of the following described parcel : Tracts 4
and 5 , Section 36 , Township 33 South , Range 38 East, according to the last general
plat of lands of Indian River Farms Company, filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida, and recorded therein in Plat Book 2 ,
Page 25 ; less , however, that part thereof lying within the right of way of Interstate
Highway 95 as described in deed recorded in O . R. Book 280, Page 261 , Public
Records of Indian River County, Florida ; Said land lying and being in Indian River
County, Florida .
Parcel Identification Number : 33 -38-36- 00001 - 0050- 00001 . 0
Subject to easements , reservations , restrictions and right- of-way of record , and
taxes accruing subsequent to December 31 , 2008 .
Grantor(s) warrants that at the time of this conveyance, the subject property is not
his/her homestead within the meaning set forth in the constitution of the state of
Florida , nor is it contiguous to or a part of homestead property .
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining .
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple
;
that the grantor has good right and lawful authority to sell and convey said land ; that the grantor hereby fully warrants
the title
to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all
encumbrances , except taxes accruing subsequent to December 31 , 2008 .
Warranty Deed - Page 2 DoubleTime®
less , however, that part thereof lying within the right of way of Interstate Highway
95 as described in deed recorded in O . R. Book 280 , Page 261 , Public Records of
Indian River County, Florida ; Said land lying and being in Indian River County,
Florida
Parcel Identification Number : 33 -38-36-00001 - 0040- 00001 . 0
and
Parcel 3 :
The South one third (measured in acres) of the following described parcel : Tracts 4
and 5 , Section 36 , Township 33 South , Range 38 East, according to the last general
plat of lands of Indian River Farms Company, filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida, and recorded therein in Plat Book 2 ,
Page 25 ; less , however, that part thereof lying within the right of way of Interstate
Highway 95 as described in deed recorded in O . R. Book 280, Page 261 , Public
Records of Indian River County, Florida ; Said land lying and being in Indian River
County, Florida .
Parcel Identification Number : 33 -38-36- 00001 - 0050- 00001 . 0
Subject to easements , reservations , restrictions and right- of-way of record , and
taxes accruing subsequent to December 31 , 2008 .
Grantor(s) warrants that at the time of this conveyance, the subject property is not
his/her homestead within the meaning set forth in the constitution of the state of
Florida , nor is it contiguous to or a part of homestead property .
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining .
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple
;
that the grantor has good right and lawful authority to sell and convey said land ; that the grantor hereby fully warrants
the title
to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all
encumbrances , except taxes accruing subsequent to December 31 , 2008 .
Warranty Deed - Page 2 DoubleTime®
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed , sealed and delivered in our presence :
AS TO PARCEL 1 .
George R. Tuerk Trust dtd 10/26/92 , u/r/t dtd
06/24/ 1997
41 Witness Name : ('cz , . i 4I . ( Ge6oiSe R. uerk, Trustee
42 fitness Na e : / fie oo4t�! / o /►✓
AS 0 PARCEL 20
� . --�
( seal)
` l itness Name . Geortf H . Streetman
# 2 Witness Name : ,Ii�ti *0^/ s
/ � 1)
itness Name : i Sandra M . Streetman
42 Mit ss Name : /� �✓�
( Seal)
1 itness Name: t � � Kevin G . Streetman
#2 Witiks Name : ��9zP/� - �✓ogep
S .
/4* eMr
# 1 it ss Name: Shannon S . Padgett
#2 Whi ess Name : ova
AS TO PARCEL 3 :
TZr
( Seal )
1 itness Name : Georg . Streetman
#2 Witn s Name : R ✓w�AAV
Warranty Deed - Page 3 DoubleTimeo
i n
(Seal)
WdOfess Name : ` �z Calphr y B . Str etman
Witness ame :
State of Cali f, rnia
County of l �►
The foregoing instrument was acknowledged before me this 1 } day of ( kof-m`( 2009 by George R. Tuerk,
Trustee, as Trustee of the George R. Tuerk Trust dated 10/26/92 , U/R/T Dated June 24 , 1997 , who [_] is personally known
or
[)(,has produced a driver's license as identification.
[Notary Seal] r , , ! c r, p'` Notary Public
i �, wr Sri Jsil
, xnr
Printed Name : <;; iA � 53 �� �
My Commission Expires : \ I o tZ—
State of
County of
The foregoing instrument was acknowledged before me this day of Ut" U;� � 2009 by George H
.
Streetman, who [_] is personally known or [ has produced a driver' license as identifi 4ion.
[Notary Seal] JES ' ..f1A.�LuViLE )( otar Public
Comm# DD061 U271 I l)))
Expires 10!30/2010 Printed Name : _ '�� n lI �s"
..�` Florlea Notary Assn., Inc
in . unauuaouuuuuuuuu............� My Comtnission Expires : )C�l (_.-lJ' G
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this L� ` day of v'A U5 2009 by Kevin G . Streetman ,
who L] is personally known or Pq has produced a driver's license as identificatio .
[Notary Seal] .. ..........................................,.. otar Public - —
JESSICA A. LUMLEY �.
Comm# DD0610271
kf Printed Name :
A Expires 10!30/2010
�:° Fbrles Notary Assn.. Inc t
. . . . . . . . . ... ... . . ... . ..... .. . . . . . . . „ . , . . . . ..a My Commission Expires : (�; � 7a c)
Wai4ranty Deed - Page 4 DoubleTirne®
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed , sealed and delivered in our presence :
AS TO PARCEL 1 .
George R. Tuerk Trust dtd 10/26/92 , u/r/t dtd
06/24/ 1997
41 Witness Name : ('cz , . i 4I . ( Ge6oiSe R. uerk, Trustee
42 fitness Na e : / fie oo4t�! / o /►✓
AS 0 PARCEL 20
� . --�
( seal)
` l itness Name . Geortf H . Streetman
# 2 Witness Name : ,Ii�ti *0^/ s
/ � 1)
itness Name : i Sandra M . Streetman
42 Mit ss Name : /� �✓�
( Seal)
1 itness Name: t � � Kevin G . Streetman
#2 Witiks Name : ��9zP/� - �✓ogep
S .
/4* eMr
# 1 it ss Name: Shannon S . Padgett
#2 Whi ess Name : ova
AS TO PARCEL 3 :
TZr
( Seal )
1 itness Name : Georg . Streetman
#2 Witn s Name : R ✓w�AAV
Warranty Deed - Page 3 DoubleTimeo
w
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this C � day of 2009 by Sandra M .
Streetman, who �] is personally known or [�(] has produced a driver' s license as identifiion.
`u� �� JESSICAA. LUMLEY Public
[Notary Seal] 'rv°j' Comm# DD0610271 = ota y
if
sExplross 10130/2010
?� ,�'3Printed Name : \ �5���
Fbd49 Notary Assn., Inc �—
ieouuuuuuuununw ■uuuuuuuaun � 1
My Commission Expires : (�i jo� � � I j
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this � day of OVA �_, 2009 by Shannon S . Padgett,
who [_] is personally known or has produced a driver's license a identification
[Notary Seal JESSICAALUMLEY
No
Public
[ y ] awmrn� y
Comm# DD0610271
MA
Expires 10/30/2010 Printed Name : l(^
FbrV3 Notary Am., Inc
My Commission Expires : 1 `
State of Florida
County of Indian River p
The foregoing instrument was acknowledged before me this C, 6Ljo\ day of � ll " v 2009 by George It.
Streetman, who [_] is personally known or has produced a drive ' s license as identifica(ti n .
airy f
[Notary Seal] :............................................. 'Not ..y Public
JESSICA A. LUMLEY
Comm# DD0610271 t
Expires 10/30/201 (N, Printed Name : �T 1 a � � I
sc •� Flodea Not ryAcm,, Inc
�1t1 , W V
My Commission Expires : ('
State of Florida
County of Indian River U�
The foregoing instrument was acknowledged before me this (� N day of AA 2009 by Calphrey B
.
Streetman, who L] is personally known or [ has produced a drive ' s license as identifils tion .
ottoft
Pu
[Notary Seal] of,, . . ...... ... ...... .... ... ...... . .. . . . . y3 . , yblic
It JESSICA A. LUMLEY
Comm# DD0610271
'r- Printed Name :
= Expires 10/3012010
� - FbdCa NOL i Acsroi., Inc ' I a(
My Commission Expires : , 6u I U
Wai4mnty Deed - Page 5 DoubleTimee
i n
(Seal)
WdOfess Name : ` �z Calphr y B . Str etman
Witness ame :
State of Cali f, rnia
County of l �►
The foregoing instrument was acknowledged before me this 1 } day of ( kof-m`( 2009 by George R. Tuerk,
Trustee, as Trustee of the George R. Tuerk Trust dated 10/26/92 , U/R/T Dated June 24 , 1997 , who [_] is personally known
or
[)(,has produced a driver's license as identification.
[Notary Seal] r , , ! c r, p'` Notary Public
i �, wr Sri Jsil
, xnr
Printed Name : <;; iA � 53 �� �
My Commission Expires : \ I o tZ—
State of
County of
The foregoing instrument was acknowledged before me this day of Ut" U;� � 2009 by George H
.
Streetman, who [_] is personally known or [ has produced a driver' license as identifi 4ion.
[Notary Seal] JES ' ..f1A.�LuViLE )( otar Public
Comm# DD061 U271 I l)))
Expires 10!30/2010 Printed Name : _ '�� n lI �s"
..�` Florlea Notary Assn., Inc
in . unauuaouuuuuuuuu............� My Comtnission Expires : )C�l (_.-lJ' G
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this L� ` day of v'A U5 2009 by Kevin G . Streetman ,
who L] is personally known or Pq has produced a driver's license as identificatio .
[Notary Seal] .. ..........................................,.. otar Public - —
JESSICA A. LUMLEY �.
Comm# DD0610271
kf Printed Name :
A Expires 10!30/2010
�:° Fbrles Notary Assn.. Inc t
. . . . . . . . . ... ... . . ... . ..... .. . . . . . . . „ . , . . . . ..a My Commission Expires : (�; � 7a c)
Wai4ranty Deed - Page 4 DoubleTirne®
w
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this C � day of 2009 by Sandra M .
Streetman, who �] is personally known or [�(] has produced a driver' s license as identifiion.
`u� �� JESSICAA. LUMLEY Public
[Notary Seal] 'rv°j' Comm# DD0610271 = ota y
if
sExplross 10130/2010
?� ,�'3Printed Name : \ �5���
Fbd49 Notary Assn., Inc �—
ieouuuuuuuununw ■uuuuuuuaun � 1
My Commission Expires : (�i jo� � � I j
State of Florida
County of Indian River
The foregoing instrument was acknowledged before me this � day of OVA �_, 2009 by Shannon S . Padgett,
who [_] is personally known or has produced a driver's license a identification
[Notary Seal JESSICAALUMLEY
No
Public
[ y ] awmrn� y
Comm# DD0610271
MA
Expires 10/30/2010 Printed Name : l(^
FbrV3 Notary Am., Inc
My Commission Expires : 1 `
State of Florida
County of Indian River p
The foregoing instrument was acknowledged before me this C, 6Ljo\ day of � ll " v 2009 by George It.
Streetman, who [_] is personally known or has produced a drive ' s license as identifica(ti n .
airy f
[Notary Seal] :............................................. 'Not ..y Public
JESSICA A. LUMLEY
Comm# DD0610271 t
Expires 10/30/201 (N, Printed Name : �T 1 a � � I
sc •� Flodea Not ryAcm,, Inc
�1t1 , W V
My Commission Expires : ('
State of Florida
County of Indian River U�
The foregoing instrument was acknowledged before me this (� N day of AA 2009 by Calphrey B
.
Streetman, who L] is personally known or [ has produced a drive ' s license as identifils tion .
ottoft
Pu
[Notary Seal] of,, . . ...... ... ...... .... ... ...... . .. . . . . y3 . , yblic
It JESSICA A. LUMLEY
Comm# DD0610271
'r- Printed Name :
= Expires 10/3012010
� - FbdCa NOL i Acsroi., Inc ' I a(
My Commission Expires : , 6u I U
Wai4mnty Deed - Page 5 DoubleTimee