HomeMy WebLinkAbout2000-05340
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THIS FORM HAS BEEN APPROVED BY THE
FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR,
Contract for Sale and Purchase
�. FLORIDA ASSOCIATION OF REALTORS®
1 AND THE FLORIDA BAR
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PARTIES: Kids' Krusade Inc a Florida Corporation _ ("Seller"),
of 1416 82nd Avenue Vero Beach Florida 32966-6945 (Phone) 567-2446
and Indian River County, a political subdivision of the State of Florida ("Buyer"),
of 1840 25th Street Vero Beach, Florida 32960 _ (Phone) IS 1) 567-8000,
hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively
"Property") pursuant to the terns and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION:
(a) Legal description of the Real Property located in Indian River County, Florida:
Sas local descriptions. Exhibit "A". attached hereto and made a pard hereof.
'11 (b) Street address, city, zip, of the Property is: 1416 82nd Avenue. Vero Beach. Fl, 32966-6945
'12 (c) Personal Property: None A-1 sonino Parcel ID Noe, 12-33-38-00001-0040-00001.0 and
13 12-33-38-00001-0060-00003.0 (2 parcels) containing 2.412 acres. See Addendum.
14 PLBASS NOTRt THIS CONTRACT SUBJECT TO INDIAN RIVER COUNTY APPROVAL _
15 II. PURCHASE PRICE: ............................................................................................................................................................... $ 33, 969.00
16 PAYMENT:
'17 (a)Deposit held in escrow by N/A (Escrow
'18 Agent) in the amount of..................................................................................................................................................$ -0-
•19 (b)Additional escrow deposit to be made to Escrow Agent within days after Effective Date (see
'20 Paragraph III) In the amount of.......................................................................................................................................$ -0-
'21 (c) Subject to AND assumption of existing mortgage in good standing in favorof N/A
22 having an approximate present principal balance of ...................$ -0-
'23 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of .................................................$ -0-
'24 (e) Purchase money mortgage and note to Seller (see riderfor terms) in the amount of ..................................$ -0-
'25 (()Other: N/A $ -0-
26 (g) Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), subject
'27 to adjustments or prorations.........................................................................................................................................$ 33.969.00
28 III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties
'29 OR FACT OF EXECUTION communicated in writing between the parties on or before 30 days , the deposit(s)
30 will, at Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice of execution, parties include Buyer
31 and Seller or each of the respective brokers or attorneys. The date of Contract ("Effective Date") will be the date when the last
32 one of the Buyer and Seller has signed this offer. Afacsimile copy of this Contract and any signatures hereon shall be considered
33 for all purposes as an original.
34 IV. FINANCING:
'35 ® (a) This is a cash transaction with no contingencies for financing;
'36 ❑ (b) This Contract is conditioned on Buyer obtaining a written loan commitment within _ days after Effective Date for
'37 (CHECK ONLY ONE): ❑ a fixed; ❑ an adjustable; or ❑ a fixed or adjustable rate loan in the principal amount of
•38 $ N/A , at an initial Interest rate not to exceed % , discount and origination fees not to exceed -%
'39 of principal amount, and for a term of- years. Buyer will make application within _ days (5 days if left blank) after
40 Effective Date and use reasonable diligence to obtain a loan commitment and, thereafter, to satisfy terms and conditions of
41 the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or fails to waive
42 Buyers rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the
43 terms and conditions of the commitment by the closing date, then either party thereafter, by written notice to the other, may
44 cancel this Contract and Buyer shall be refunded the deposit(s); or
'45 ❑ (c) The existing mortgage, described In Paragraph II(c) above, has: ❑ a variable interest rate; or ❑ a fixed interest rate of
'46 % per annum. At time of title transfer, some fixed Interest rates are subject to increase; if increased, the rate shall not
'47 exceed ..__ % per annum. Seller shall fumish a statement from each liloitgagee siaiing the principal balance, method of
48 payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to
49 assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the
50 necessary application and diligently complete and return It to the mortgagee. Any mortgagee charge(s), not to exceed
•51 $ N/A (1 % of amount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or
52 the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in
53 excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either
54 elects to pay the increase in interest rate or excess mortgage charges.
'55 V. TITLE EVIDENCE: At least N/A days beforo clusing date, (CHECK ONLY ONE): ❑ Seller shall, at Seller's expense, deliver
'56 to Buyer or Buyers attorney; or ®Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): Habstract of title; or D<title
57 insurance commitment (with legible copies of instruments listed as exceplions attached thereto) and, after closing, an owner's
53 policy of titin insurance.
'59 VI. CLOSING DATE:This transaction shall be closed and the closing documents delivered on as 1�r�a1r�,
60 unless modified by other provision sr�yij,Contract. From effective date (see ec I)
Buyer( Lir; ) (_J and Sellar ( JiC! _) ( 1 acknowledge receipt or a copy rf this page.
FAHIBAR-5 Rev. 8/88 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS49 OR THE FLORIDA, BAR
Thi; form is Eik€rs.'' fus use with F,>snyiu1attq,_r* Forrna Software by )SG McAllisief Publishing. Inc. 300.336-iO27
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.61 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning,
62 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the
63 plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; public utility
64 easements of record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the
65 rear or front lines and 7 112 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and
66 subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided,
67 that there exists at closing no violation of the foregoing and none prevent use of the Property for richt-of-May
68 purpose(s).
69 VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented
70 or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard
71 F. Seller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herein. If occupany is to be
72 delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for
73 maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking
74 occupancy unless otherwise stated herein.
75 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all
76 printed provisions of this Contract in conflict with them.
77 X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract):
'78 ❑ COMPREHENSIVE RIDER ❑ HOMEOWNERS' ASSN. ❑ COASTAL CONSTRUCTION CONTROL LINE
'79 ❑ CONDOMINIUM ❑ "AS IS" ❑ INSULATION
'80 ❑ VAIFHA ❑ LEAD-BASED PAINT ❑ _
'81 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ❑ may assign and thereby be released from any further liability under this
'82 Contract; ❑ may assign but not be released from liability under this Contract; or jg may not assign this Contract.
83 XII, DISCLOSURES:
84 (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present
85 health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been
86 found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County
87 Public Health unit.
88 (b) Buyer acknowledges receipt of the Florida Building Energy -Efficiency Rating System Brochure.
89 (c) If the real property includes pre -1978 residential housing then a lead-based paint rider is mandatory.
90 (d) If Seller is a 'foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with
91 that Act.
92 (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT
93 UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE.
94 XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
95 (a) $ NrA for treatment and repair under Standard D (if blank, then 2% of the Purchase Price).
96 (b) $ N/A for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
'97 XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE ❑ .
98 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated
99 as a part of this Contract.
100 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF
101 AN ATTORNEY PRIOR TO SIGNING.
102 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR.
103 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted
104 by the parties in a particular transaction. Terms and conditions should be negotiated based upon the
105 respective interests, objectives and bargaining positions of all interested persons.
106 COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION QF REALTORS®
*10743 43 ( L a�►-+</�_ 02-22-2000 �g1goC CIV
'108 muyer) Fran B. Adams (Date) (Seller) Richard C. Stevens (Dat )
Board of County Commissioners
'109 S al�acV<,tygr,Taw1D.# f-_ Social Se^_urityorTaxl.t) #____---_-_---- ------- -._---.-
'110—
'111 (Buyer) Ronald L. Callahan /(Date) (Seller) (Date)
Right -o>: -Way Agent
'112 Social SecurityorTax I.D. #-_ s Social Security or Tax I.D. #_
113 Deposit under Paragraph 11 (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
114 N/A (Escrow Agent)
115=...,KE RS FEE: Tho brokers named below, including listing and cooperating brokers, are the only brokers entitled to
116 compensation in connection with this Contract:
'117 Name: N/A _ _ N/A
118 Cooperating Brokers, H any List Ing Broker
Buyer(--) ( ) and Seller(—) ( ) acknowledge receipt of a copy of this page.
FARIBAR-8 Rev. alga RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORSO OR THF FLORIDA BAR
! ha f^rn := ixnnsvd, us® wi31ar", uio ulr` forms Software by ISG McAllister Publishing, Inc. 800-336.1027
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61 VII. � RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning,
62 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the
63 plat or otherwise common to the subdivision; outstanding oil, gas and minora) rights of record without right of entry; public utility
64 easements of record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the
65 rear or front lines and 7 112 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and
66 subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided,
67 that there exists at closing no violation of the foregoing and none prevent use of the Property for right-of-rrav
6B purpose(s).
69 VIII.000UPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented
70 or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard
71 F. Seller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herein. If occupany is to be
72 delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for
73 maintenance from that date, and shall be deerned to have accepted Property in its existing condition as of time of taking
74 occupancy unless otherwise stated herein.
75 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all
76 printed provisions of this Contract in conflict with them.
77 X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract):
'78 ❑ COMPREHENSIVE RIDER ❑ HOMEOWNERS' ASSN. ❑ COASTAL CONSTRUCTION CONTROL LINE
'79 ❑ CONDOMINIUM ❑ "AS IS" ❑ INSULATION
'80 ❑ VAIFHA ❑ LEAD-BASED PAINT ❑
'81 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ❑ may assign and thereby be released from any further liability under this
'82 Contract; ❑ may assign but not be released from liability under this Contract; or N may not assign this Contract.
83 XII. DISCLOSURES:
84 (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present
85 health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been
86 found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County
87 Public Health unit.
88 (b) Buyer acknowledges receipt of the Florida Building Energy -Efficiency Rating System Brochure.
89 (c) If time real property includes pre -1978 residential housing then a lead-based paint rider is mandatory.
90 (d) If Seller is a 'foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with
91 that Act.
92 (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT
93 UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE.
94 XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
95 (a) $ N/A for treatment and repair under Standard D (if blank, then 2% of the Purchase Price).
96 (b) $ N/A for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
'97 XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE ❑ .
98 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated
99 as a part of this Contract.
100 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF
101 AN ATTORNEY PRIOR TO SIGNING.
102 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR.
103 Approval does not constitute an opinion that any of the forms and conditions in this Contract should be accepted
104 by the parties in a particular transaction. Terms and conditions should be negotiated based upon the
105 respective interests, objectives and bargaining positions of all interested persons.
106 COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION Qlf REALTORS®
x107 ( OA�t� 02-22-2000
'108 (Buyer) Fran B. Adams (Date)(Seller) Richard C. Stevens (Dat )
Board of County Commissioners
'109 S, aa- _etc ity_cW)Ta0P, . #� Social S
`110 J �^ ^ t� Q• a� Zri00
1111 (Buyer) Ronald L. Callahan (Date) (Seller) r
Right -of -Way Agent ! In(n.mn River County A(:p-,mvea Ua:e
'112 Social SecudtyorTax I.D. # Social S
113 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, •--- _--- -
114 N/A (Escrow Agent),
115 BFIZO,KEIw .'-a'c: The trckers named below, including listing and cool) i -r
116 compensation in connection with this Contract: _ _
'117 Name: N/A — -'-_� ...�•, ,_ . ': I _�_�
118 Cooperating Brokers, If any Llsth� )r•r.nrtnmunt
Buyer ( ) ( ) and Sellar ( ) ( ) acknowledge recalp U,v,s,u,l
-O
FAR113AR•5 Rev. 81®8 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIAT!C
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® 119 STANDARDS FOR REAL ESTATE TRANSACTIONS
120 A. EVIDENCE OF TITLE:(1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then
121 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the real property recorded I12 tn
ve
s. It shall
123 olresupubc chlilatercdate as may be customary s of the county arein the In the colunty. Utpoln closing ofhth s Conted through ftractl, the albstract shall bemence come thath the properly earliest
of Buyerr11subjec records,
to
124 the right of retention thereof by first mortgagee until fully paid. (2) A title Insurance commitment Issued by a Florida licensed title Insurer
125 agreeing to Issue Buyer, upon recording of the deed to Buyer, an owner's policy of title Insurance In the amount of the pure hese price, Insuring
128 Buyer's title to the real properly, subject only to liens, encumbrances, exceptions or qualifications provided In this Contract and those to be
127 discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions of qualifications
128 provided In this Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar
129 and in accordance with law. Buyer shall have 5 days from date of receiving evidence of title to examine it. if title is found defective. Buyer
130 shall within said 5 days notify Seller in writing specifying the defect(s). If defect(s) render title unmarketable, Seller will have 30 day from
131 receipt of notice to remove the defects, failing which Buyer shall, within five (5) tlaysafter expiration of the thirty (30) day period, deliver written
132 notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to
133 remove the defects; or (2) requesting a refund of deposit(a) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller,
134 Buyer shall be deemed to have accepted the title as it then Is. Seller shall, If title is found unmarketable, use diligent effort to correct defect(s)
135 within the time provided therefor. if Seller Is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of
13e deposit(s), thereby releasing Buyer and Seller from all furter obligations under this Contract. If evidence of title Is delivered to Buyer less than
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137 5 days prior to closing, Buyer may extend closing dale so that Buyer shall have up to 5 days from dale of receipt of evidence of title to examine
138 same in accordance with this Standard.
139 a. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seiler shall
140 provide for a 30 -day grace period in the event of defaultif a first mortgage and a 15 -day grace period if a second or lesser mortgage; shall
141 provide for right of prepayment in whole or in part without penally; shall permit acceleration In event of transfer of the real properly; shall require
142 all prior lions and encumbrances to be kept In good standing and forbid modifications of or future advances under prior mortgage(s); shall require
143 Buyer to maintain policies of Insurance containing a standard mortgagee clause covering all Improvements located on the real properly against
144 fire and all perils included within the term 'extended coverage endorsements' and such other risks and petite an Sellar may reasonably require,
145 in an amount equal to their highest Insurable value; and the mortgage, note and security agreement shall be otherwise In form and content required
146 by Seiler; but Seller may only require clauses and coverage customarily found In mortgages, mortgage notes and security agreements generally
147 utilised by savings and loan institutions or state or national banks located In the county wherein the real property Is located. All personal
148 properly and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded
149 financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon.
150 C. SURVEY: Buyer, at Buyer'sexpense, within time allowed to deliver evidence of title and to examine same, may have the real property surveyed
151 and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon
152 encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulation, the
153 same shall constitute a title defect.
154 D. TERMITESIWOOD DESTROYING ORGANISMS: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title, may have the
155 Property Inspected by a Florida Certified Pest Control Operator ('Operator') to determine If there Is any visible active termite Infestation or
156 visible damage from termite Infestation, excluding fences. If either or both are found, Buyer shall have 4 days from date of written notice thereof
157 within which to have cost of treatment, If required, estimated by the Operator and all damage inspected and estimated by a licensed builder or
158 general contractor. Seller shall pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIII(a). If
159 estimated costs exceed that amount, Buyer shall have the option of canceling this Contract within 5 days after receipt of contractor's repair
160 estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, and receive a credit at closing on the amount
161 provided In Paragraph XIII (a).'Termites' shall be deemed to Include all wood destroying organisms required to be reported under the Florida Pest
162 Control Act, as amended.
163 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for its Intended use
104 as described in Paragraph Vli hereoftitle to which Is in accordance with Standard A.
165 F. LEASES: Seller shall, not leas than 15 days before closing, furnish to Buyer copies of all written leases and estoppel 101 ars from each
o
188 tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposit paid by tenant. If Seller is
rom each
er
tim
In the
of a
at
od
188 Sellers affidavit, and letter
Buyer r tenant, n
167 unable to obtain may thereaftercontact tenant oinformation confl misuch informal be tion. by SSeller ashar 11, atclolsing,ndeliver andl assign alooriginal
189 leases to Buyer.
170 0. LIENS: Seiler shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any
171 financing statement, claims of lien or potential lienors known to Seiler and further attesting that there have been no improvements or repairs to
172 the real properly for 90 days immediately preceding date of closing. If the real property has been improved or repaired within that time, Seller
173 shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and malerialmen In addition
174 to Seller's lien affidavit selling forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that
176 all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid
176 at the closing of this Contract.
177 H. PLACE OF CLOSING: Cleat ng shall be held in the county wherein the real properly Is located at the office of the attorney or other closing
178 agent ('Closing Agent') designated by Seller.
179 1. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and slate or national legal holidays shall be excluded. Any time
180 periods provided for herein which shalt and on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time Is of
181 the essence in this Contract.
182 J. CLOSING DOCUMENTS: Sailer shall furnish the deed, bill of sale, construction Ilan affidavit, owner's possession affidavit, assignments of
183 leases, tenant and mortgagee estoppel letters and corrective Instrument a. Buyer shall furnish closing statement, mortgage, mortgage note,
_ 184security agreement and financing statements.
5 K, £Xf'£HS£S: �acumsn!ary atUre j an the deed and ss,tordi.,u 61 co«cilva Urstrumenls shall be nail by Seller. Documentary stamps and
186 intangible lax on the purchase money mortgage and any mortgage assumed, mortgagee tike Insurance commitmedt with fslalad lass, and
187 recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or
188 rider to this Contract, charges for the fallowing related title services, namely title or abstract charge. title examination, and seltlement
log and closing fee, shall be paid by the party responsible for furnishing the title evidence In accordance with Paragraph V.
190 L. PRORATION8; CREDITS: Taxes, assessments, rent, Interest, Insurance and other expenses of the Property shall be prorated through the
191 day before closing. Buyer shall have the option of taking over existing policies of Insurance, it assumable, In which event premiums shall be
192 prorated. Cash at closing shall be Increased or decreased as may be required by prorations to be made through day prior to closing, or occupancy,
193 if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
194 credited to Seiler. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead
105 and other 5xel"w"ur:a. !f closing occur_ at a date when the current year's millage Is not fixed and current year's assessment Is available, taxes
196 will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then faxes will be proraod
197 on prior year's lax. If there are completed improvements on the real property by January tat of year of closing, which Improvements were not In
198 axts:e; cc -,n Janue:y tai et prior yea?, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed
199 upon between the parties; falling which, request shall be made to the County Properly Appraiser for an Informal basessment laking into account
200 available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of lax bill on condition
201 that a statement to that affect is signed at closing.
Buyer ( ) ( ) and Seller 1_ ) ( ) acknowledge receipt of a COPY of this page.
F:•RIBAR45 o^v 8!98 COPYRIGHT 1996 THF FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®
.. _ s Inc PM -336-1027
Tfiis iornr ra:icanse' "or +:An ;c,fi•sraes D} FSC .:?r• :1!!>'9t! u4tishirg.
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M; SPECIALASS ESSMENT LIENS: Cartlfled, confirmed and ratifled special assessment lions as of date of closing (not as of Effective Dale)
are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the Improvement has been substantially completed as
of Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to
the last estimate or assessment for the improvement by the public body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seiler warrants that the calling, roof (including the fascia and soffits) and exterior and
interior wells, foundation, seawalls (or equivalent) and dockage do not have any Visible Evidence of leaks, water damage or structural damage
and that the septic tank, pool, all appliances, mechanical Items, heating, cooling, electrical, plumbing systems and machinery are In Working
Condition. The foregoing wartanly shall be limited to the items specified unless otherwise provided in an addendum. Buyer may, at Buyer's
expense, have Inspections made of those Items within 20 days after the Effective Date, by a firm or Individual specializing In home lnepeclions
and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, and Buyer shall, prior
to Buyer's occupancy, but not more then 20 days after Effective Date, report In writing to Seller such Items that do not meet the above standards
as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects not reported.
If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount
provided in Paragraph XIII (b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller
Is responsible to repair or replace. If the cost for such repair or replacement exceeds the amount provided In Paragraph XIII (b), Buyer and Seller
may elect to pay such excess, failing which either party may cancel this Contract. If Seller Is unable to correct the defects prior to closing, the
cost thereof shall be paid Into escrow at closing. Seller shall, upon reasonable notice, provide utilities service and access to the Property for
Inspections, Including a walk-through prior to closing, to confirm that all Items of personal property are on the real property and, subject to the
foregoing, that all required repairs and replacements have been made and that the Property, including, but not limited to, lawn, shrubbery and pool,
If any, has been maintained In the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contract: (a)
'Working Condition' means operating In the manner In which the Item was designed to operate; (b) 'Cosmetic Condition' means aesthetic
Imperfections that do not affect the working condition of the item, Including, but not limited to: pilled marcite; missing or torn screens; fogged
windows: tears, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or
caulking in ceilings, walls, floorings, fixtures, or mirrors; and minor cracks in floorc., tiles, windows, driveways, sidewalks, or pool decks; and (c)
cracked roof tiles, curling or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there Is no
evidence of actual leaks or leakage or structrual damage, but missing tiles will be Seller's responsibility to replace or repair.
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the
assessed valuation of the Property so damaged, cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the
terms of this Contract with restoration costs escrowed at closing. If the coal of restoration exceeds 3% of the assessed valuation of the
Properly so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any Insurance proceeds
payable by virtue of such loss or damage, or of canceling this Contract and receiving return of the deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been
furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render
Seller's title unmarketable from the dale of the last evidence. All closing proceeds shall be hold in escrow by Sailer's attorney or other mutually
acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title Is rendered unmarketable, through no fault of
Buyer, Buyer shall, within the 5 -day period. notify Seller In writing of the defect and Seller shall have 30 days from date of receipt of such
notification to cure the defect. If Seller falls to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and
within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the personal properly, vacate the
real property and reconvey the Properly to Seller by special warranty deed and bill of sale. If Buyer falls to make timely demand for refund, Buyer
shall take title as is, waiving all rights against Seller as to any Intervening defect except as may be available to Buyer by virtue of warranties
contained in the deed or bill of sale. If a portion of the purchase price Is to be derived from Institutional financing or refinancing, requirements
of the lending Institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over
contrary provision in this Contract. Seller shall have the right to require from the lending Institution a written commitment that It will not
withhold disbursement of mortgage proceeds as a result of any title detect attributable to Buyer mortgagor. The escrow and closing procedure
required by this Standard shall be waived if the title agent Insures adverse matters pursuant to Section 827.7841, F.S., as amended.
0. ESCROW: Any escrow agent ('Agent') receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit them
promptly, hold some In escrow and, subject to clearance, disburse them In accordance with terms and conditions of this Contract. Failure of
funds to clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent
may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement
of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having
jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to
the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of
Chapter 475, F.S., as amended. Any suit between Buyer and Salter wherein Agent Is made a party because of acting as Agent hereunder, or In any
suit wherin Agent Interpleads the subject matter of the escrow. Agent shall recover reasonable attorney's fees and coals incurred with these
amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of Items subject to the escrow, unless such misdelivery Is due to
willful breach of the provisions of this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, Including breach, enforcement or interpretation, arising out of this Contract, the prevailing
party In such litigation, which, for purposes of this Standard, shall Include Seller, Buyer and any brokers acting In agency or nonagency
relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non -prevailing party reasonable attorney's fees,
costs and expenses.
S. FAILUP.E OF PERFORMANCE: If Buyer falls to perform this Contract within the time specified, including payment of all deposits, the
deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon
liquidated damages, consideration for the execution of this Contract and In full settlement of any claims; whereupon, Buyer and Seller shall be
relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If
for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller falls, neglects or refuses to perform this
Contract, Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of It shall be recorded In any public
records. This Contract sh3!t hind and Inure to the benefit of the parties and their successors In Interest. Whenever the context permits, singular
shall Include plural and one gender shad include all. NoUce given by or to the atlurrey 'of any, party 511.11 51. ax Ofecttva as if W-1 t'y or to that
party.
U. CONVEYANCE: Seiler shall cumay title to the real property by stalutury warranty, trustee'$, personal representative's or guardian's deed, as
appropriate to the status of Seller, subject only to matters contained In Paragraph VII and those otherwise accepted by Buyer. Personal property
shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. OTNER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless Included In this
Contract. No modification to or change In this Contract shall be valid or binding upon the parties unless In writing and executed by the party or
parties Intended to be bound by It.
W. WARRANTY: Sailer warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily
observable by Buyer or which have not been disclosed to Buyer.
Buyer I—) ( _) and Seller ( ) ( i acknowledge raeslpe of tt copy of this pag=.
FAR/BAR-5 Rev. 8195 COPYRIGHT 1998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®
This form is licensed for use with Fafr'mulatmrtas Forms Software by ISG McAllister Publishing, Inc. 800-336-1027
410
40
4W
Addend a Ern
Concerning the property known as AA -1 Rruea'
LAND PURCHASS PRICS(from page 1)e 2.412 acres -x-$-1?, per acre $28 944.00
TERMS AND CONDITIONSt —.---- —
County will relocate the fancea
2 County will replace the culvert i a that runs from tae sun ecc ry o« - --- ------
3 county will pay the cost to inata11 a shell bass driveway at an alternative location west
of the existing driveway This shall be a circular, shell rock driveway 8 inches in death and
approximately 500 linear feet in length x 15 feet is width 82.500-00.
4 County will pay the cost of 100 Wax Myrtle shrubs to be installed by the Rro art owner.
100 7 alloyplants x $12.50 Per lant $1,250-00
5 Count will pay Rrovertyowners an amount equivalent to have 15 cabbage alms moved from
the roadside to the north edge of the new right-of-way line Property owners should tag the
trees thpy wish to be relocated. 15 trees x $85.00 ver tree $1,275.00.
FINAL SUMMARYr
purchase Price of land
. $28,944.00
Pay to install driveway
S 2 500.00
Pay to purchase 100 shrubs
• S 1,250.00
Pay to move 15 trees
1,275.00
TOTAL $33,969.00
NOTSr PAYMMi'P 08 THE TOTAL AMOUNT A80V8 SHALL B8 PAYtdffii'P IN FULL AND LEAVE THE COUNTY HARMLESS AMi S To ANY FUTDRS DAMAGES AND/OR COSTS RELATING TO THE 12TH STREET IMPROVM48NTS PROJECT.
February 22. 2000
Signature Fran B. Adams Date
Board of oun y mmissioners A 17 ado
Signature Ronald L. Calla -aa Data
Right -of -Way Agent
Signature Richard C. Stevens Date
- Data
Signature
This form is licensed for use with Formuleinra Forms Software by ISG Mcnllistor Publishing, Inc. 800-338.1027
40
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M
Addendum -To CONTRAQ_
Concerning the properly known as Ride' RrusaA.T,D^ (Life for Youth Ranch)
LAND PURCRASE PRICE(from page 1)1 2.412 acres x $12,000 per acre_- $28 944.00
TERMS AND CONDITIONSr —
1) County will relocate the fencer —
2) County will replace the culvert pipe that runs from the subject property under 12th Street
and into the canalf
3 County will pay the coat to install a shell base driveway at an alternative location west
of the existing driveway. This shall be a circular, shell rock driveway 8 inches in depth _and
500 linear feet in length x 15 feet in width . $2,500.00.
4) County will pay the cost of 100 Wax Myrtle shrubs to be installed by the property owner.
100 (7 gallon) plants x $12.50 per plant . $1,250.00
5) County will pay property owners an amount equivalent to have 15 cabbage palma moved from
the roadside to the north edge of the new right-of-way line. Property owners should tag the
trees they wish to be relocated. 15 trees x $85.00 per tree . $1,275.00.
FINAL SUMMARYr _
Purchase Price of land $28,944.00
Pay to install driveway $ 2,500.00
Pay, to purchase 100 shrubs v $ 1.250.00 _
Pay to move 15 trees $ 1,275.00
NOTE PAYMENT OF THE TOTAL AMOUNT ABOVE SHALL BE PAYMENT IN FULL AND LRAVE THE COUNTY HARMLESS _
AS TO ANY FUTURE DAMAGES AND%OR COSTS RELATING TO THE 12TH STREET IMPROVEMENTS PROJECT.
—
,6 February 22 2000
Signature Fran B. Adams Date
l
Board of oun y mmissioners
V-2 tie 0
Signature Ronald L. Callahan f=
4'a
-of -Way Agent
Q
/�� �
Indian River County Approved Date
Signature Richard C. Stevens t
Signature
1 ids form is licensed for use with Formulator' Forms Softv 1 ,-,ra,ar,meat
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