HomeMy WebLinkAbout2007-297 1 - PARTIES AND DESCRIPTION OF PROPERTY
2' 1 . SALE AND PURCHASE: ROBERT DENTM , M AND TFANETnv M c". Tt:ttstees "Seller")
and
3' and .. - ("Buyer")
4, agree to sell and bu e terms condltippns specified below the property roperty") described as :
5' Address: Street - 7 , 5tiacres
5' Legal Description: Parcpl In # 11n- 18- 21 -00001 0009 99911 . 5
r
5,
10'
11'
12' including all improvements and the following additional property:
13'
14• *the T-Zbg i*IrF M )77NTY N R tel-,; a T. Ust elated Septmibez
- IzuuJ
15 ''' PRICE AND FINANCING �.
16ft 2. PURCHASE PRICE: $ \ ` payable by Buyer in U.S, funds as follows:
17' (a) $ L Deposit received (checks are subject to cleararcA on -b'j
1B' o . :. .: r. ("Escrow AgerR')
19 SR,f8t0/e NameO psny
20' Ndress of Escrow Agent)
21' (Phone # of Escrow Agent) . .
22' (b) $ Additional deposit to be delivered to Escrow Agent by ,
23' or_days from Effective Date (1 D days if left blank).
24 (c) Total financing (see Paragraph 3 below) (express as a dollar amount or percentage)
0. (d) $5/*� Other.
26' (e) $ � �[T` Balance to close (not including Buyer's closing costs, prepaid items and prorations). Al funds
27 I _ paid at closing must be paid by locally drawn cashier's check, official check or wired funds.
25' ❑ (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 ❑ lot ❑ acre ❑ square foot ❑ other (specify: ----
37 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 Fiodda-licensed surveyor in accordance with Paragraph
32' 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation:
33' - ..u��,,,tttrrr
34' 3. CASH/FINANCING: (Check as applicable) Buyer will pay cash for the Property with no financing contingency.
W ❑ (b) This Contract is contingent on Buye qualifying and obtaining the commitment(s) or approval(s) specified below (the
W "Financing' within days from Effective Date (lf left blank then Closing Date or 30 days from Effective Date, whichever
37' occurs first) (the "Rnancing Period'. Buyer will apply for Financing within — days from Effective Date (5 days if left blank)
39 and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after
39 using diligence 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 ' ❑ (1 ) New Financing: Buyer will secure a commitment for new third party financing for $ ---- or
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' ❑ (2) Seller Financing: Buyer will execute a ❑ first 0 second purchase money note and mortgage to Seller in the
45' amount of $ -------- bearing annual interest at _% and payable as follows:
47'
as The mortgage, note, and any u illy agreement will be in a form acceptable to Seller and will follow farm 's generally
49 accepted in the county wl P pertly is boated; will provide for a late payment fee and acceleration at the mortgagee's
50' Buyer �) �� and Seller acknowledge receipt of a copy of this page, which is Page 1 of 7 Pages. ® Q
VAC-9 Rev. 4/07 0 2007 Florida Asso ation of R�r All Rgh s Reserved r�
51 option If Buyer defaults; will give Buyer the right to prepay without penalty all 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
58 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 financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan.
55• ID (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to
5r
58• LN# in the approximate amount of $ currently payable at
59• $ per month including principal, interest , ❑ taxes and insurance and having a ❑ fixed ❑ other
80' (describe)
81• interest rate of % which ❑ will O will not escalate upon assumption. Any variance in the mortgage will be
ez adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow
es• account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds % or the
54• assumption/transfer fee exceeds $., either parry may elect to pay the excess, failing which this
55 agreement will terminate and Buyer's deposR(s) will be returned.
ss �7�dt3/ CLOSING
87 4 CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on _
ae rrfl£1 (' Closing Date' . Unless the Closing Date is specifcally extended by the Buyer and Seller or
ss by any then provisF n in t i tract, the Clos ng Date shall p eva l over all other time periods induding , but not lim ted to,
7o fmandng and feasibil ty study periods. d on Closing Date insurance unde w N is suspended, Buyer may postpone dosing up to
1 5 days after the insurance suspension is lifted. ff this transaction does not Gose for any reason, Buyerwill immediately return all
72 Seller-provided title evidence, surveys, association documents and other items.
7s 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted
74 by mall or electronic means. If title insurance insures Buyer for the defects arising between the tide binder effective date and
75 recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cash'ier'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 other expenses
T7 provided in this Contract, Seller and Buyer will pay the costs indicated below.
78 (a) Seller Costs:
79 Taxes on the deed is-c/ 11
80 Recording fees for documents needed to cure title
e1 Title evlde a (d a licable under Paragraph 8) 841 you
er Other: )/LI
83 (b) Buyer Costs:
84 es
85 Recording fees on the deed
es ensas
97 e0
Be Inspections
89 Survey and sketch
y�. OthlnS earilm-
� 7 i ih Lafa' e? Q„
V !1ll�l/1/'�rc✓ t' .07 tC! ��Z
92 (c) Title vidence and Insurance-- Check (1 ) or (2):
93• p4(1 ) The title evidence vAll be a Paragraph 8(a)(1 ) owner's title insurance commitment. U Seller will select the title agent and
94• will pay for the owner's title policy, search, examination and related charges orrABuyer will select the title agent and pay for
95• the owner's title policy, search, examination and related charges or 0 Buyer will select the title agent and Seller will pay for
95 the owner's title policy, search, examination and related charges.
97• LI (2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as title evidence. ❑ Seller O Buyer will pay for the
98 owner's title policy and select the title agent. Seller 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 closing (if any), title examination fees and closing fees.
100 (d) Prorations: The following items will be made current and prorated as of the 4ay-b0ofe Closing 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
108 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
105 PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE
105 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 5ody. Regarding special assessments imposed by a public body, Seller will pay () the full
109 amount of liens that are cert fled, ed and ratified before closing and (i) the amount of the last estimate of the assessment
0 Buyer (_) (_� and Seller acknowledge receipt of a copy of this page, which is Page 2 of 7 Pages.
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111 , it an improvement is substantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will pay
112* all other amounts. If special assessments may be paid in installments Buyer ❑ Seller (rf left blank, Buyer) shall pay installments
113 due after closing. If Seller is checked, Seller 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
116 requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the
117 Internal Revenue Service (IRS) 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
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 TN 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
126 escrow at Seller's expense to be disbursed in accordance Win 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
126 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 Seiler with copies of the tax forms and receipts.
130 (g) 1031 Exchange: If either Seller or Buyer wishes to enter into a like-kind exchange (either simultaneously with closing or
131 after) under Section 1031 of the Internal Revenue Code ("Exchange's, the other parry will cooperate in all reasonable respects
162 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 shall not be contingent upon, extended or delayed by the Exchange.
134 PROPERTY CONDITION
las 6. LAND USE: Seller will 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
137 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.
139 (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 Period has expired or if Buyer has checked choice (c)(2) below.
145 (c) Inspections: (check (1) or (2) below)
146• (1 ) Feasibility Study: Buyer will , at Buyer's expense and within Wdays from Effective Date ("Feasibility u
14r er)Od') , determine whether the Property is suitable, in Buyer's sole and absolute discretion, forces V
148• 2614 AW _C4 ¢�/ use. During the Feasibility Study Period, Buyer may conduct a Phase I environ ental
149 assessment and any other tests, analyses, surveys and investigations ('Inspections") that Buyer deems necessary to
150 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 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 Inspections; provided, however, that Buyer, its agents, contractors and
158 assigns enter the Property and conduct Inspections at their own risk.
159
Iso in a Iication for rezo
161 ^�� +' nc Or an\ ' +�'^"�'� �`� � �• - -- Buyer will not engage in any activity that could result in a
162 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not
163 close, Buyer will, at Buyer's expense,
164 elease to Seller all reports
165 and other work generated as a result of the Inspections .
166 Buyer will deliver written notice to Seller 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
no 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.
rr ❑ (2) No Feasibiiity .Study0 B r is satisfied that the Property is suitable for Buyer's purposes; including being
3 satisfied that either public se and water are available to the Property or the Property will be approved for the
174' Buyer ( (_ and Seller AIL acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages .
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g�� �' �iu��C _
175 - installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations
176 and restrictions , such as subdivision or deed restrictions, concurrency, growth management and environmental
177 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations.
178 (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any
179 contiguous land which is divided or is proposed to be divided for, the purpose of disposition into 50 or more lots,
1110 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
les this Contract . If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be
1B4 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 ,
1B6 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings,
187 or if an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract
1118 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in
las 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 Sellers status.
193 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in
194 accordance with current title standards adopted by the Flo ' Bar, s dect ,Qny to the follpwing title exceptions, none of
19r which prevent Buyer's intended use of the Property a ,./ % �r4aPY�� covenants, easements and
190 restrictions of record; matters of plat; existing zoning and governme t regulations; oil, gas and mineral rights of record ff
197 there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at
195 or before closing. Sel
199 Ul %Y lulIn aragraph 5(c) the se ec ed
200
201 (1 ) A title insurance commitment issued by a Florida-licagsed title insurer in the amount of the purchase price and
202 subject only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date.
203 (2) An existing abstract of title from a reputable and existing abstract firm ('rf fi m is not existing, then abstract must be
204 cert fled as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the
205 Property ecorded in the public records of the county where the Property is located and certified to Effective Date.
los However 'rf such an abstract is not av�lable'tb Sefler,`1hEn a pr or owner s title policy acceptable to the proposed insurer
207 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format
208 acceptable to Buyer's closing agent from the policy effective date and cert fled 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, wlthin:�days from receipt C
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's 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
210 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 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written
219 notice to Seller, within days from receipt of survey but no later there-days prior to closing , of any encroachments on iU'
220 the Property, encroachments by the Property's improvements on other lands 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 Seller's obligations
222 will be determined in accordance with subparagraph (b) above.
223 (d) Coastal Construction Control Line: If any part of the Property lies seaward of the coastal construction control line as
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
228 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
225 turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including 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
232 9. EFFECTIVE DATE; TIME; FORCE MAJEURE:
233 (a) Effective Date: The "Effective Date" of this Contract is the date on which the
234 Time is of the essence for all provisions of this Contract.
235 (b) Time- Ail time periods expressed as days will be computed in business days (a "business day" is every calendar ad'y(,^ t �J
230 except Saturday, Sunday andp�jk�7Qn legal holid�p�ys�). If any deadline falls on a Saturday, Sunday or national legal
237' Buyer (_, U and Seller � A/ 1 acknowledge �e?eipt of a copy of this page, which is Page 4 of 7 Pages. ; *
VAC-9 Rev. 4/07 ® 2007 Florida Asaoci ttion of R� eo All Rights Reserved
�y„ *but no later than AmWmiln
� � 2007
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
239 county where the Property is located) of the appropriate day.
240 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to
241 each other for damages so long as the performance or non-performance of the obligation is delayed, caused or prevented
242 by an act of God or force majeure. An "act of God" or 'force majeure" is defined as hurricanes, earthquakes, floods, fire,
243 unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or
244 Seller and which by the exercise of due diligence the non-performing party is unable in whole or in part to prevent or
245 overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) for the period that the force
246 majeure or act of God is in place. In the event that such "act of God" or 'force majeure" event continues beyond the 30
247 days in this sub-paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's
248 deposit shall be refunded.
249 10. NOTICES: All notices shall be in writing and will be delivered to the parffes and .Broker by mail, personal delivery or
250 electronic media. Buyer's failure to deliver fimely written notice to SeW when such notice is required by this Contract,
251 regarding any contingencies will render that contingency null and void and the Contract will be construed as 'rf the
262 contingency did not exist. Any notice, document or item delivered to or received by an attorney or licensee (including a
253 transaction broker) representing a party will be as effective as if delivered to or by that party.
254 11 . COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage
255 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract.
256 Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be bound.
2s7 This Contract , signatures , initials, documents referenced in this Contract , counterparts and written modifications
258 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten
259 or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or
2ao becomes irwaCrd or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Seller wlf use diligence
est and good faith in performing all obligations under this Contract. This Contract wig not be recorded in any public records.
252 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms
233 "Buyer," "Seller, " and "Broker" may be singular or plural . This Contract is binding on the heirs, administrators, executors,
234 personal representatives and assigns (if permitted) of Buyer, Seller and Broker.
265 DEFAULT AND DISPUTE RESOLUTION
266 13. DEFAULT: (a) Seller Default If for any reason other than failure of Seller to make Seller's title marketable after diligent effort,
267 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyers deposit without
26e waiving the right to seek damages or to seek specific performance as per Paragraph 14. Selle r
289 %i;;Q fi �. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including
270 timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated
Zit damages or to seek specific performance as per Paragraph 14; - M1558.11 s
272 - -
273 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters in
274 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows:
275 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from
276 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent
277 will submit the dispute, if so required by Florida law, to , a Florida court eii them
278 Flapid a Buyer and Seller will be bound by any resulting award, judgment or order64.
279
280 °
zat
282 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to
2113 resolve the matter through mediation, the
284 eco
285 r for in this Contract. The award will be based on the real ce and will
286 state findings of fact and t e con t e parties agree to use discovery, it will
267 be in accordance with the Uvl, , rocedure an aresolve all discovery-related
Zea disputes. s with a real estate lkBansee named in Paragraph 17 will be submitte
les This clause will survive closing .
290 (c) Mediation and-Arbtlration' Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by
291 submitting It to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a
292 settlement on the parties. Mediation will be in accordance with the rules of the
293 #" -mediator agreed on by the parties. The parties will equaly divide the mediation fee, If n
s
295 binding on the parties. Arbitration will be in acco e AAA or other arbitrator agreed on by the parties.
zss Each party to any a b t fees, costs and expenses, 6r
g attorneys' tees, and wil equaly spl[ the
z97 arbitrators' a ministretive fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to the
298 )
1 a���ed pY g
293` Buyer (_� ( 1 and Selle �,�1 ge receipt of a co of this page, which is Pae 5 of 7 Pages.
VAC-9 Rev. 4/07 0 2007 Florida atb`f R oas° All Rights Reserved
300 ESCROW AGENT AND BROKER .
sol 15 . ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in
332 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
3w Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the1
306 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the iU /f
307 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailin pa ty . II cla
ll
30B against Escrow Agent will be _ r
309
310 the a important to them and to consult an appropriate professional for legal advice (for example , interpreting contr
311 date rrrn ' the effect of laws on the Property and transaction, status of title, foreign investor reporting requirem , the
312 effect of p rtY lying partially or totally seaward of the Coastal Construction Control Line, etc.) and for , property
313 condition, enviro ental and other specialized advice. Buyer acknowledges that Broker does not re the Property
314 and that all repress ions (oral, written or otherwise) by Broker are based on Seller representati cr public records .
315 Buyer agrees to rely so on Seller, professional inspectors and governmental agencies for kation of the Property
316 condition and facts that ma 'ally affect Property value. Buyer and Seller respectively ' pay all costs and expenses,
317 including reasonable attorneys' fe at all levels, incuned by Broker g d Broker's office , directors, agents and employees
318 in connection with or arising from B is or Seller's misstatement or failure to rform contractual obligations. Buyer
319 and Seller hold harmless and release B r and Broker's officers, director gents and employees from all liability for
320 loss or damage based on (1 ) Buyer's or Be s misstatement or failu perform contractual obligations; (2) Broker's
321 performance, at Buyer's and/dr Seller's reque f any task beyo he scope of services regulated by Chapter 475,
322 F. S . , as amended , including Broker's referral, reco endati or retention of any vendor; (3) products or services
4323 provided by any vendor; and (4) expenses incurred by a ndor. Buyer and Seller each assume full responsibility for
324 selecting and compensating their respective vendors. s p raph will not relieve Broker of statutory obligations. For
3m pt4rposes of this paragraph, Broker will be treated party to this ntract. This paragraph will survive closing.
326 1-7�BROKERS: The licensee(s) and brokera named below are collecti referred to as "Broker." Instruction to Closing
327 Agent: Seller and Buyer direct closin ant to disburse at closing the full unt of the brokerage fees as specified in
328 separate brokerage agreements wi a parties and cooperative agn ements be an the brokers, except to the extent
329 Broker has retained such fees f the escrowed funds. In the absence of such brok e agreements, closing agent will
33o disburse brokerage fees indicated below. This paragraph will not be used to mo any MLS or other offer of
331 compensation made b eller or listing broker to cooperating brokers.
332'
333' Selling Sales sociateilJoense No. selling Firm/Brokerage Fee: ($ or % of Purchase Price)
334•
335' Llshng es soca ense o. _---" [i'sting"Film/Brokerage fee:- or % of Purchase Price)
336 ADDITIONAL TERMS
33r 18. ADDITIONAL TERMS:338*
339' c`r""—"' — s t
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340*
341• OL
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3443 -K-v+nU� �'! � " ` •d�.,v .
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m
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348-
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35
351'
352'
353'
354'
355
356'
35r /
ase' Buyer _� and Selle ( acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages,
VAC-9 Rev. 4/07 0 2007 Florida anon of RP TORS° Al Rights Reserved
b
360•
361•
362•
363•
364'
38.5•
366• !'�~
36r
366'
369'
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376 This is intended to be a legally binding contract If not fully understood, seek the advice of an attorney prior to signing.
an OFFER AND ACCEPTANCE
376• (Check if applicable: ❑ Buyer received a written real property disclosure statement from Seller before making this Offer.)
379 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a
36D' copy delivered to Buyer no later than ❑ a.m. ❑ p.m . on - , this offer will be
361 revoked and Buyer's deposit refunded subject to clearance of funds.
382 COUNTER OFFER/ REJECTION
363' ❑ Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and del ver a
384 copy of the acceptance to Seller. Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from
ass the date the counter is delivered. ❑ Seller rejects Buyer's offer.
IND
366' Date: Buyer: IAN 1iVER CQGfITY EMERGENCY SERVICE DISTRICT
-
387' Print name:
3es Date: T
G)_7 BY— Buyer:
-ate Phoned -/ Print name: r , C ge.10n, Chairman
iso . Fax: Address:
391' E-mail:
7
3so Date: Seller.
393' Print nam . Ro
* of the JEANETTE M . DEN N Revoca le Tru t U A dated 9 / 2 / 2003
394' Date: 02 O Seller:
ass Phone: ' 1 0 Print name: Jeanette M . Denton Trustee* _
396' Fax: Address:
397' E-mail: *of tha TFA7.TEBENTON date 2003
See P 4 �� 7 IR mergenc service D • trict appr8�p�� )
396' Effective Date: i 4� _ At a date on which-t 1M fastpWsslgrie`d orin`Rial"ed"an - " etee rric ,,. ,... _ nteroffer.
YAI * , 007 later tit7a7n , ' 2007
399• Buyer.( (_) and Si r a"letlge receipt of a copy of this p ge which is Page 7 of 7 Pages.
TheRafdaAssoda5a, ofin a andfocer Assocladonored ffolm w mpowtebmasmite Wgal vdky'oradetpmcyofany pmislon ortlafam kn mwspeak
twisection.Tho sh dod®d form shakd not be used m cwoex trereectiae awlh ebenshsriders aaddflw& This fmnis avelaWfor use by the entre mel estate Musty
and Y not Yftnded m IderiMythe uaer as a Faro FIE = is a reymeered collective mwberst* nwk tot may be used o* by rent estate Ikensees who are members dlhe
NetlordA sodatkndbandwhosubsamemItsCodedrte.
The copfigit laws offs U "d steles07US. Cade) lotbld the u'eihalatd rgxodxlbn ddarkfdr by aryneare rdudrgtedmfe m cunpter¢edfome.
VAC-9 Rev. 4/07 0 2007 Florida Association of RF TORO All Rights Reserved
' P 'PROVED APPROVED AS f'O FORM
AND L lk !Nr
FFICIENC
ountyA Inistrator gy
MARIA . FELL
ASSISTANT C011NTY ATTORNEY