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HomeMy WebLinkAbout2000-195�-I 40 40 'i 2 .3 4 5 6 7 "8 8 10 THIS FORM HAS BEEN APPROVED DY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR, I Contract for Safe and Purchase FLORIDA ASSOCIATION OF REALTORS+ AND THE FLORIDA BAR I PARTIES: Charles R. Soxton, Jr. (TRI ("Setter"), of 4650 17th Streat SW, Vgr4 nitiLVtl fbor ¢it 32968 (Phone) 567-5Q55 and Indian -Vii q County. m —I ifieal aubdivioSon of itis Stnt© of Florida ("Buyer`). of 1840 25th Street:, Vorg_ Beach, rlQrida 32960 (Phone) .,_(561). 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 torms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contrac("): L DESCRIPTION: (a) Legal description of the Real Properly located In Indian River County, Florida: Se® d hereto and made a oar • —agf„ '11 (b) Street address, city, zip, of the Property Is: 5th street SW, Vera Beach, Fla, 32968 '12 (c) Personal Property: _ Rs -3 zoning/L-1, Land Van. Parcol ID No. 21-33-3900641-0090-0QQ0J,D 13 parcel Is 601 x 654.96P containing 39.297.6 aquas feet, or 0.902 Agree. 14 PJAMS8 NOTE: TRIS CONTRACT I8 SUBJECT TO INDIAN RIVER COUNTY APPROVAL. 3$£ ALfD8A7DVM. 15 11. PURCHASE PRICE :................... --................. ............... .,.,..................... --....... ........ .............. --- ........... .....,.,................... $ 30,861.00 18 PAYMENT; 117 (a)Deposlt held In escrow by NIA (Escrow '18 Agent) in the amountof.......................... --................ --- ................ „.,,.,,.............. ,.................. ..,............ ---- .....,.,,.$_ -0- •19 (b) Additional escrow deposit to be made to 'Escrow Agent within days after Effective Date (see '20 Paragraph iii) In the amount of.... ................. ............. ............... - ............. --- ....... .......... ............ -Q- '21 (c) Subject to AND assumption of existing mortgage In good standing In favorof X/A - 22 having an approximate present principal balance of ...................$ -0- '23 (d) Now mortgage financing with a Lender (see Paragraph IV) in the amount of .................................................$ -0- '24 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of ..................................$ -0- '25 (F ) Other: N/A $ -0- 26 (g) Balance to close by U.S. cash or LOCALLY DRAWN cashioes or official bank chock(s), subject '27 to adjustments or prorattons..... ........... .............................. .................... ....................................... .................. .............. $_ 30.861.00 28 111. 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 _Juno 15, 2000 , the doposit(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 data when the last 32 one of the Buyer and Seller has signed this offer. Afacsimile copy of (lits Contract and any signatures hereon shall be considered 33 for all purposes as an original,. 34 IV', FINANCING: 135 ® (a) This is a cash transaction with no contingencies for financing; '36 ❑ (b) This Contract is conditioned on Buyer obtaining a written loan commilment within _ days offer Effective Date for '37 (CHECK ONLY ONE): ❑a fixed, ❑an adjustable; or Ela fixed of adjuslable rale loan In the principal amount of '33 $, NIA , 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 condilionr of 41 the commitment and close the loan, Buyer shalt pay all loan expenses. It Buyer faits to obtain a commitment or falls to waiva 42 Buyer's rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, falls to meet the 43 terns and conditions of the commitment by the closing dale, then either party thereafter, by written notice to the other, may 44 cancel this Contract and Buyer shall be refunded the deposit(s); or '48 ❑ (c)The existing mortgage, described In Paragraph tl(c) above, teas: ❑ a variablo interest rale; or Q a fixed Interest rate of 48 NA_ % parannum, At time of title transfer, some fixed interest rates are subject to increase; H Increased, the rate shall not '47 exceed % per annum. Seller shall furnish a statement from cacti mortgagee stating the principal balance, method of 48 payment, Interest rate and status of mortgage oraulhorize 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), shalt 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 (his 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. TTTL.E EVIDENCE: At least _/A_days before closing date, (CHECK ONLY ONE): n(Si,,Ior shall, at Sollar's expense, deliver '56 to Buyer or Buyer's attorney; or iK Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): N abstract of title; or M title 57 Insurance commitment (with legible copies of Instruments listed as exceptions attachad thereto) and, after closing, an owner's 68 policy oftitioInsurance. '69 VL CLOSING DATE:Thls transaction shall be closed and the closing documents delivered on GQ_daya _ 60 untoI modifia a orprovisfonsof1 1s nlracl, rrgm effective date (See Sec III) a uyar (. { ) end Seiler i ( ¢ scl.nbwladas racel"t br s copy of Ibis Astlo, FARIBAR_d Rbv. V011 AlDtnti CAN Br; 90TAINED FROM TH& FLORIDA A5S0GfA1P1ON OF REAL ORS?, OR THC FLORPOA BAR This form in licerlaad for use wittt Formulfstor^ Forma Software by PSG McAllisler Pubilshina, Inc nnO 1-36.1027 40 i C> fit 62 63 64 65 BS 67 68 69 70 71 72 73 74 Ira 76 77 '78 '79 '80 '81 '62 83 84 85 86 87 88 89 90 91 92 93 94 95 96 '97 g8 99 VB, RESTRICTIONS; EASEMENTS; LIMITATIONSt Buyer shall take iilla subject to: comprohonsive land use pians, zoning, restrictions, prohibitions and olher requirements imposed by governmental aulhorily; resiricliens and maltors appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of ontry; public utility easements of record (easements are to be located conliguous to real property lines and riot more than 10 feet in width as to the rear or front lines and 7 1f2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, sea addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for Right-of—Hay purpose(s), Vill, OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Properly is intended to be rented or occupied beyond closing, the fact and terns thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herein. If occupany is to be delivered before closing, Buyer assumes all risks of loss to Property from dale of occupancy, shall be responsible and liable for maintenance from that date, and shall be doomed to have accepted Properly In its existing condition as of time of taking occupancy unless otherwise stated herein. W. TYPEWRITTEN OR HANDWRITTEN PROVISIONS; Typewritten or handwritten provisions, riders and addenda shat control all printed provisions of this Contract In conflict with them. X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): COM PREHENSIVE» RIDER 0 HOMEOWNERS'ASSN, d COASTAL CONSTRUCTION CONTROL LiNE ['3 CONDOMINIUM El "AS IS" ® INSULATION ©VAIFHA El LEAD-BASED PAINT Xi• ASSIGNABILITY: (CHECK ONLY ONE): Buyer d may assign and there Contract; ❑ mayasslgn but not be released from liability under this Contract XII. DISCLOSURES; {a) Radon is a naturally occurring radioactive gas that when accumula health risks to persons who are exposed to It over time. Levels of rador found In buildings in Florida. Additional Information regarding Radon r Public Health unit. (b) Buyer acknowledges receipt of the Florida Building Enorgy-Efficiency (c) If the real property Includes pro -1878 residential housing then a lead - (d) If 8oar is a -foreign parson" as defined by [ha Foreign Investment it that Act. (a) If Buyer will be obligated to be a member of a homeowners' associali UNTIL BUYER MS RECEIVED AND READ THE HOMEOWNERS' ASSC XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsiblo for payments (a) $ NIA - for treatment and repair under Standard D (if t (b) $ NIA — for repair and replacement under Standard N ( Indran River County 1 Aoproven Date Arim -n,rl+aP on Jeoartmom - t Division r � a YV I1 XIV. SPECIAL CLAUSES; ADDENDA. If additional terms are to be provided, at' XV. STANDARDS FOR REAL ESTATE TRANSACTIONS; Standards A througi as a part of this Contract. 100 THIS iS INTENDED TO BEA LEGALLY BINDING CONTRACT. IF NOT Fu I.I.r urrucnu I vuu, accn , nc nuxlYnG +�r 101 AN ATTORNEY PRIOR TO SIGNING. 102 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORSO AND THE FLORIDA BAR. 103 Approval does not constifWe an opinion that any of the forms and conditions in this Centralcl should be accepted 104 by the pa Was In a particular fransa Won, Terms and conditions should too nog oliafed based upon the 105 respective interests, ob)eclives and bargaining positrons of all in to re sled parsons. 106 COPYR QHT 1998 BY THE FLORIDA BAR AND THE FLORIDA SS CIATION • f�E LTORSs9 1107 z �u �_ �- 5-20-200 � r 1196 (Buyer}Caroline D. iii Vice C)1airl("e) (Seller en�Yloa R. 9 can. Jr. (Data) '109 So' S curity or Taxi . fl Haar C nary Social Securily or Tax I.D. ti •110 - _sh1 OU '111 (Buyer) Ronald L. Callahan, SRA { ate (Seller) (Date) 1112 Social Security or Tax I.D. fi_Co. Riaht-of-waBrit Social Securily or Tax I.D. if 113 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. 114 (Escrow Agent ) 115 BROKER'S FEE: The brokers named below, Including listing and cooperating brokers, are the only brokers entitled to 116 compensation In connection with this Contract; '117 Name:, — 14j+ 118 Cooperating Brokers, If any Listing Brokor 911yer [ m)(CUE- ] ;rid Seger S�]r_) I ) ■ knowledge reeetpl of a copy at 0.1% parya. FARMAR-5 rev. 5105 RICERS CAN SE OBTAINED FROM THE FLORMA ASSOCIATIOrt OF RE ALTOR50D On THE FLORIDA BAR This form is licensed for uoe wAlll ForMU14503r'1° Forma Software by IMG McAllister Publishing, Inc e00-330.1021 C-1 40 1.19 STANDARDS FOR REAL ESTATE TRANSACTIONS 110 A. EVIDENCE OF TITLE -0) An abglracl 01 title prapar0d or brought current by a reputable and oxl%trng abslracl firm par not exisling Than 121certified as correct by an existing witiI purporting to be anaccurate synopsis of the lnslrumoels arlecl.ing title In the foal property recorded In 122 Ilia public records of the county wherein the foal property 11 lodaled through Efloctive Dale, 11 Shall commence with the oarllofl public feeo,05, 123or auch later date as may be customary in the county. Upon closing of this Contract, Inn abslracl shall become the pioriorty of Buyer, subject 10 124 the right of retention Ihareol by first mortgages unit fully paid, (2) A title Insurance cgmmllmgm Issued by a Florida licensed Mlle Insurer 125 agreeing to lasue Buyer, upon re Cording of the dead to Buyer, an ownot's policy of title Insurance. in Ura amount of tho purchase price, Insuring 125 Buyer's title to the foal properly, subject only to lions, oncumbrancas, exceptions or gaallficntions provided in this Contract and those to be 127 discharged by Seller o1 or before closing. Seller shall convoy marketable Ulla sutler.( only 1011009, oncumbronc0s,. axtap0OF5 Or quatlflCallOna 125 provided In this Contract. Marketable title shell be datarminad according to apptlCable Title Standards adopted by authority of The Florlda Bar 122 and in accordance with, low, Buyer *hall have 6 days from dale of rooetvlog evidence of 11110 to ox anenu it. If Win Is found detective. Buyer 130 ;hall wllhln said 5 days notify Seller In writlno Specifying the defacl(s). If clilfect(s) rendat title unmarxelabia. $eller will have 30 day from 131 rocalps of noIIca to rami% a the defects, fotting which Buyer shall, within flve (5) days alley expiration of Ria thirty l30) day period, deliver written ;92 notice to Sellar either; (1) oxlonding the time (Or a reasonable period not to exacted 120 days within which Seller shall use dtUgent OUCTI 10 133 (areavaIna dein Cls; or (2) requesting a refund of depnsit(s) paid which shall be lmmedlately returned to Buyer. 11 Buyor falls to so notify Seller, 134 Buyer ahall be deemod t0 have accepted the title as It than Is. Sellar Shall, If title 15 found u-nfnark0lable. uge 11112anl effort to correct defecl(s) 195 within the time provided Ihorafor. If Seller Is unable to Itmaty correct Iha dofecls, Buyer Shan allhor waivo Iho dnfarls, or racoivo a refund Of 190 deposll(s), thereby releasing Buyer and Seller from all further obligations under this Gonlracl. If ovldanco of title is delivered In Buyer loss than 517 5 days pilot to closing, Buyer may axtend closing dale so that Buyer shall have up to 5 days from dale of reculpl of evldanco of 1I11e to examine 199 same In accordance with this Standard. 159 0. PURCHASE MONEY MORTGAGE; SECURITY ACREEMENT TO SELLER: h purchase money morigago and mortgaao cola to Seller shall 140 provide for a 30 -cloy grace period in the event of default if a first morloago and a 15 -day grace period If a Second or lessor mortgage, shall 141 provide for right of prepayment In whole Or In part without punulty; shalt permit aCceleraliaa In event of transfer of the real property; shalt requfre 142 at[ prior lions and encumbrances to be kept In good glancing and forbid modifIcallons at or future advances under prior moflgaga(S); shall roquira W Buyer to maintain policies of Insurance containing 0 standard morigagoo clause covering all Improvements located an the rail property against 144 fire and all po Ols Included within the term'0xiarldad covarnge andarsemeals' and such other risks nrltl porus a$ Seller may reasonably require, 146 In an BmQunt equal 10 their highs So lasufobla vafuo; and the mortgage, note and security apreemant Shall ao otherwise In farm and conianl fopuirad 146 by S(lver; but Sailer may only require clauses and coverage customarily found In moilgages, mortgage notes and security agroemants gonorapy 147 utilized by savings and loon Institutions or sister or national banks located In ilia county wherein the real property is located. All personal 144 property and Ie6604 being Conveyed or aSoloced w111. at Setter's optlon, to subject In Iha lien of a security agreement evidenced by recaroad 140 financing statements. If a balloon mortgage, the final payment will 0xcood the periodic paymenls Ihefcon. 150 C. SURVEY: Buyer, of Buyer's expunge, within,free allowed l0 doliver evidence or Win and to examine same, may hav'0 the tool properly surveyed 151 and Oefllliod by a registered Fiaridn aurveyor, II the survoy els clos Os ancroachmanls on the real nropcity or that improvements located thereon 152encroach on setback tincts, oaaemonts, lands of others or violate any rostrlcllons. Contract covenants at applicabla governmental regulallan, Ina 153soma shall constitute a title contact, 154 D. TERMITESIWOOD DESTROYING ORGANISMS: Buyer, at Buyer's oxpense, villain the Ilmo allowed to dOflver ovldonco of Ulla, may have the 155 Properly Inspoclad by a Florida Corllfrod Post Conlral Oporator ('Operator') to determine If there is any visible active tormllo Irlostaloo or 150 visible damage from lormile Infostallon, excluding fencos. 11either or both are found, Buyer Shall have 4 days Item data of written notice thereof 157 within which to have cost of Ireal moat, if ro qulred, esllmal od by Iho Operator and all dumaoD lnspeciud and astimalod by a Ilcenlod builder or 158 general Cam racier. Sellar oh011 pay valid costs a! Ifealmanl aad to air of oil damogo up to Iha amount pravldod In Paragraph XHI(a). If 150 estimated coats extend (hot amount, Buyer shall have the option of Cancoling this Conlracl wllhln 5 days after receipt of contractor's ropmr ISD estimate by giving written notice to Seller or Buyer may elect to proceed with Iho transaction, and receive a credit at closing an the amount 101 provided In Paragraph XIIi(e),'Tormllos' Shall be doomed to include all wood dastroying organisms requtrod to be reported tlodor the Florida Pest 102 Cenlrel Acl, as amondod, IOn E. INGRE SS AND EGRESS: Seller warrant.a and rapfe%01115 Ihai. Ihero Is Ingress and agress la Iho root property suftic lanl for Its Intended use 164as des-crlbed In Paragraph V I I horoof, IIlia to which Is In accordance with Standard A. 165 F. LEASES; Seiler shall, not less than 15 days Wore closing, furnlsh to Buyer copies of .1t wrllteii Icasosand estoppel toilers from Dacia 166 tenant spoellying the nalore and dUrollon of the tenants Occupancy, rental rates. rid"Mend rent ,Ind Sor:nrily deposit paid by lonam. If Senor Is 107 unable to obtain such latter from edch tonanl, the strain Intormalion Shoff be furnished by S011or and 014YCF wham that time ponos in Inn formol a 166 Sellar'% affidavit, and buyer may Ihoraaltor contact tenant to confirm such Information. Seller shall, at clasing, dallvar and a21516n all Original 169 leases to Buyer, 170 G. LIENS! Sallor shall furnish to Buyer at time of closing an aflidavil attesting In Ilia absence, unless atnawiso provided lar heroin" of any 171 financing 5tatomenl, claims Of lion or polantlal honors known to Seller and Wilhar a1TOsling total there have been n0 Improvements of ropalrs to 172 Ibe real prapofty for a0 days immediately preceding date of closing. If the real property has bean improved at ropalrad within That time, Seller 173 shaddeliver ratoeaea or w livers of conalrucllon liens executed by all goneral contractors,. subcontractors, suppuo-ra and m ilarlatmao Pit addlOon 174 to Solfar9 11 an affidavit actl Ing forth the names of all such general cont I.aclors, Subconlraclurs, suppliers and malerialman, further affirming that 176 all charges (or Improvements or ropair; which could serve as a basis for a construction Ron at a claim lot damages have been sold at will be pard 176 at the closing of lhls Contract. 177 H. PLACE OP CLOSING; Closing shall be held In the county wherein the tool property Is located at the office of the attorney or other closing 1711 agent. ('Closing Agent') designated by Seller. 119 I. TIME; In computing time perlode of lose than six (6) days" Saturdays, Sundays and slate or na Ronal legai holidays shall be excluded. Any Ilene 160 porlods provided for heroin which shall and on a Satuiday. Sunday, or a legal holiday shalt exlond No 5 (10 p in 01 the next busmn&s day. time Is of 161 the assons+a In this Contract. 162 J. CLOSING DOCUMENTS., Sellar shall furnlsh the dead, bill OF sale, conslydclien lien affidavit, ownor's possession Difidavil, asslgnmanls of 103 leases" lonanl and mortgagee estoppel letters and CIPHOC iva Inalrumanls. Buyer shall furnish closing statemanl. mortgage" morlgago nate. 164 security agreement and financing slatemonls. 1415 9. EXPENSES- Documentary clamps on Ilia dead and recording of corfacilva Instruments shall bo paid by SoOlot. Ducumuntary stamps and told Intangible tax on the purchase money morlgago and any morlgago 055u'mod,. rnortgagao title insurance commitment with foisted less, and W recording of purchaso money mortgage to Sellar, dead and OnanCino 1WOmonle shall be paid by Puyof. Unless Oihorwtsu provided by law or ISA radar to this Contract, chargee for the Following related title services" namely title or abatiact ctrargo, title oxaminollun, and settlement $40 and closing fee, shall ba paid by the party responsible for furnishing the vile ovidooca In accordance with Paragraph V. 190 L. PRORATION$; CREDITS: Texas" asiossmarAl. font, lntoroml, Insurance. and Olhar expenses of the Property shell be proralad Ihrouoh the 191 day before closing. Buyer shall have the Option of laking over existing policies of Insumitco, if assumable, In which event premiums shall be 102 prorated. Cash at Closing shall be Increased or decreased as may be roqukrod by pforallons In be made linOugh day pilot 10 CiOsing, or Occupancy, 199 If occupancy Occurs bolore closing. Advance rani and security deposits will be credited to Duyot. Esarnw cloposits hold by mOr1980to waft be 104 credited (a Seller, Taxes shall be prorated burled on the current year'& tax with dun allowance made for maximum allowable discount, homestead 195 and other axampltons. If closing occurs at a dale when the Currant year's molfagn is nol fixed and current year's aesassmant 13 arallabin,inxes 1911 wfli be prorated based upon such assessment and prior year's mllleQa, if current year's assessm—i Is not ;vat Ible, than taxes will ba prorated 197 an prior year's tax. it there are campielad Improvomanla on the trial properly by January I sl of year at closing, which improvements were not In 198 exlslenco on January let of prior year, Inca taxes shall be prorated based upon prior year's millage and it an equitable assai%menl to be agreod 120 upon between the parties; III which" roquasi shall be made to Inn County Properly Apptalser fof an anrnrmal ossossnionl loltmo Into account 200 available exemptions. A lax proration based on an estimate shall, at request of Dllhor party, bu readjust rot Upon r00otl of lit, all? an Cendi110n 201 HIM a slalemonl Io tilot affect Is sPgnod a1 closing. Buyer [ [ S_.D6, 1 and Sellar (Cc�& (_ I acknowledge rscelpt Of a copy or this page. FARIBAR-6 Rev, We COPYRIGHT 199a THE FLORIDA BAR AND THE FLORIDA ASSOCIATION of REAL.TLII45m This form Is licensed for use wigi r'aarrraas(sa.Wre (='elms Software by ISG McAllister Publishing, Inc D,00-%36. 1O:7 a Cl E-171 202 203 294 208 200 2a7 2g8 289 210 211 212 213 214 215 210 217 218 219 220 221 222 223 224 225 228 227 220 228 230 231 232 233 234 235 230 237 238 239 240 24$ 242 243 244 245 248 247 240 242 250 251 282 253 284 200 258 757 250 258 280 281 252 283 284 208 2'80 207 zea 209 270 271 272 277 274 275 274 277 278 278 250 281 282 M. SPECIAL ASSESSMENT LIENS;Carllflod, confirmed and ratlflad spacial assessment tions as of data of closing (not as of Effective (late) are la he paid by Seller. Pending clans hs of dole of Closing shall be assumed by Buyer. If the Improvement has Doan substanlioliy tomptelad ■s of Effective Gale, soy ponding Ilan ehofl be Considered corllflod, confirmed or ratified and Sellar shalt, nl Closing, be Charged an OMOUAI aqu'al 10 the Irst ostlmate or assessment for Phu Improvement by the public body. N,tNSPECTION, REPAIR AND MAINTENANCE: Sa11ar warrants that the Calling, rade (including the lascis and soffltsj and ealarior and Interior walls, foundation, seawalls (or equivalent) and dockog5 do not have any Vlolblo EYldenca of Icak@, wAlOt damage Of sttuclural damage and that the septic tank, pool, all appliances, machantcol Items, hoisting, tooling, olaClrlcel, plumbing systems and maChtnary are In working Condition. The foregoing worronly shall be limited to the Moms spocifled uAlees olbofwlso providod in an addendum. Buyer may. at Buyer's expense, have Inspection@ made or those Items within 20 days after The Effective Data, by a firm or Incrvlduat specialising in home Inspections and holding an octupallondt license for such purpose of rnqulradl or by an appropriately licensed Florida Coniracter, and Buyer shall, oiler to Boyar's occupancy, but not more then 20 days after EfFeclivo Dale, report In wilting to Seller such Itemsthat dO not most the above standards as to dalacls. Unless Buyer limoly reporls such defects, Buyer shall be deorned to havo waived ScNor's warranties as to daracts not reporlOd. if repairs or replacements aro required to comply with this Slandard, Sailor shall cause them to be made and shall pay up to the amount. provided In Paragraph %111(b), Sailor Is not required to make ropalr's or replacement$ of a Cosmetic Condition unless caused by a defect Seller Is responsible to repair or replace. IF the cost lot such repair or repletamenl excoods the amount proAdad In Paragraph XIII (b), Buyer and Seller may elect to pay such excess, failing which either party may cancel this Contract. If Sailor is unable to correct the defocls prior to closing, the COM thOraof &hail be paid Into escrow at closing. Sailer shall, upon reasonable n011CO. Provide uluillaa servlCa and OCCOSS to the Properly For hop"llons, Including a walk-through prior to closing, le confirm that all hams Of personal property ora an Iho real properly and, subject to the Foregoing, that all required repa.lra and raplacemants have been made and that the Properly, locludjng, but not limited la, lawn, shrubbery and pool, If any, hasboon molnlalnod In The condition existing as of Effocliva Data. ordinary wear and tear a,coplod For purposes of this Contracl: (al 'Worklog Condition" means operating In ilia manner In which the Item was domignod to oparalo; (bj 'Cosmetic Condition* means aesthollc Imperfection@ lhal do hat affect the working Condition of Ilia Item, including, but not Ilmlocl to: piltod marcrta. missing at tern acres"$; fogged windows; tests, worn spats, or discoloration of floor coverings, wallpaper, or window heal Mont s; nail holes, sC ral c ha 5, dent 5, scopes, Chips or caulking In Callings, walls, floorings, fixtures, or mlrro; a; and minor Cracks In floors, Inas. windows, driveways, sldowalk s, or pool decks; and (Cj cracked roof Utas, curling or worn ahingle s, or [Imlted roof life shall nal be cons Piloted do facts Sailor mu sI raga it Or reptile 0, so long as there Is no evidence Of actual leaks at look age or slrucl(ual damage, but missing 11105 will to Seller's (as ponslbilily 10 raplac'a at repair. 0. RISS OF LOSS; If the Properly Is damaged by tile or other casually bOFore Closing and cost of rostorauon duos not exceed 3% of the aneased valuation of the Properly ao damaged, coal of rn5torailon shall be an obligation at Sailor and closing shall proceed pursuant to the terms of lhlaContract with toslorallon costs escrowed at closing. It the Cast of teslorallon exceeds 3°t- of the assessed valuation of the Pfoporty s0 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 foss or damage, or of canceling this Contract and racolving return of the doposit(s) P.PROCEEDS OF SALE; CLOSING PROCEDURE: The dead shall be recorded upon clearance of funds. 11 an abstract of tills has bean furnished, avldonee of hila shall be conllauod at Buyer's Ox parse to show title In Buyer, wtlhout any oncumtfancos or chanoe which would render Seller's tilt unmarketable from she dale of the last evidence. All closing procands shall ba hold to escrow by Seller's allorney or other muluany acceptable escrow agent for s period of not more Than 5 days after closing date. If Seller's title is rOndered unmarketable, through no lault of Buyer. Buyar shall, within The 5 -day parlod, notify Salter In wrilino Of the defect and Sailor shall havo 30 days fee- date of receipt of such notification to cure the deroct. If Sellar falls to lamely cora the detect, atl deposlllsj and closing funds shall, upon wrillon demand by Buyer and within 5 days after demand, b@ returned to Buyer and, simultaneously with such repayment. Buyer shall return The personal prOporty, vat310 rho real property and reconvey The Properly to Seller by spacial warranty dead and hilt of sale. It Buyer fails to maks Ilmaly demand too rotund, Buyer shall lake title Be Is, waiving an rights against Sailer as to any Iniarvanlno defect oacopt as may be available to Buyer by virtue of warranties contained In the deed or bill of sate. If a purlieu of the purchase price Is 10 be derived Item lnllitutfonal (Mancing or refloancing, requirements or the landing InstRullon 8% to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision In this Contract. Sellar shall have the (Ight to require from the landing Inslilution a written commitment that It will not withhold disbursement of mortgage proceeds as d result of any tills defect allilbutatle to Buyer mortgagor. The aserow and closing procedure required by this Standard ahall be waived if the title 000111 Insures adVarae matter& pursuant to SOct-on 627.784 1. F.S., as amondod. Q. ESCROW: Any escrow agent {'Agent'} receiving tunas or equivalent Is outhorlxed and agroes by acceptance of them to deposit them promptly, hold same in escrow and, subject to claarenca, disburse them In accordance with Parma and conditions of this Contract- Failure at funds to clear shall not excuse Buyer's porformance. If In doubt as to Agent's dullsi or liabilities under the provlslons of Iola Conlfatt, Agent may, at Agent's option, continue to held the subleCt matlor of the escrow until The parlios horele agree to Its disbursement or until a Judgement of a court of ...patent Jurisdiction shall determine the right@ of the parties, or Agent may deposit some with the clerk of the circuit court having jurlf-dldllan of the disputa. Upon notifying all pOT110% Concerned of such action, all liability on the part of Agent shall tufty terminals, except to the extent of accounllAG for any Floods 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 bstween Boyar and Sailor wherein Agent Is made a party because at acting as Agent hereunder, of In any suit whorin Agent Inlarpiands the sublsc1 matter of the escrow, Agonl shall roaovor reeSolldblh attorney'@ fans and coils Incurred with those 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 Aoanl shalt not be Gable to any party of parson far misdolivory to Buyer Of Sailer of Items subject to the escrow. unless such misdaliwary it dile to willful breach at the provisions of tills Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, Including breach, enforcement Or interpretation, arising out of Ibis Contract, the prevailing patty In such litigation, which, for purposes of this Standard. shall Includo Seller, Guyer and any brokers nallno In agency or nonagoncy relationships authorized by Chapter 475, F.S., as amended, shall he dnllllad to recover from Ilio n0n•prevalNno patty reasonable allurnoy's foe costs end expenses. S. FAILURE OF PERFORMANCE: If Buyer falls to perform this contract within the time specilled, including payment of all deposits, Iho daposlt(@)l paid by Buyer and dopoall{s} agreed 10 be paid, may be fe Caverod and rotained by and for the account of Sailor as agreed upon liquidated damage@, considarnfton for the erlecullon of [his Contract and In full settlement of any claims; whereupon, Buyer and Seller shall he relieved of all obligations under this ConTraclt or Seller, at Seller's option, may proceed In equity to enfomp. Sailor's rights under Ibis Contract tf for any reason other than failure of Sailor to make Sailor's Tllle mmkelable after diligent 01100. SOIlef fans, 010010CIS OF lafu&ea 10 partarnl Ihla Conlraul, Buyer may seek Spec Nlc performance or elect to rocalve tho return of Guyer's deposit(s) without thar01by waiving any action lot damage@ resulting from SoNer's brooch. T. CONTRACT NOT RECORDABLE, PERSONS BOUND; NOTICE: Neither this Contract nor any nellco of it shah be recorded In any Public records„ This Contract shall bind and Inura To The benefit of the parlios and their successors In lnluresl W honevor Iiia context parmtts. sthgolor shalt Include plural and one gander &hall Includo all. Notice given by or to the attorney for any party sh4ill be as effective as II given by Or to that party. U. CONVEYANCE: Sailor shall convoy lilts to the feat properly by statutory warranly, lrusion's, parsanal roprosontalive's of guardian's dead, at appropriate to the status of Seller, subject Only 10 mallets COnl OTnod In Paragfaph VII and IhosO alharwl50 accepted by Buyer Personal property shell, at The request or Buyer, be transferred by 0n absolula bill of sale with warranty of 11110, subject only Pa Much matters as may be alhefwlse provided for herein. V. OTHER AGREEMENTS. his prior or present agreements or (oprosontallons shall be btndlno upon Buyer or Sulfur unlOss Included in this Contract. No modification to or change In this Contract shall be valid or binding upun the pantos unloss in wrltipg and executed by the party ar parties Intended to be bound by II. W. WARRANTY: 'Seller warrants that there are no facto known to Seller materially affecting cite valor, of Iha Property which are not readily observable by Guyer at which have not bean disclosed to 0uyer. s uyer { ) I CiD& I and sailor (_ 6X< I( 1 acknowledge receipt of a Copy of this papa. FARIBAR-5 Rev. 6190 COPYRIGHT 499@ THE FLORIDA BAR AND THE FLORI0A ASSOCIATION OF REALTORSd4 This form its irconaed (or train with Formulsst4au'v Forms Software by ISO Mr.Alllafar Publithing, Inc 600 ::+36.11027 1! 1; • Addendum �@$1iTON CON�RACx Concerning the property known as .4x.t e n 5th 9t_$Y1 hetwas^ 13rd and 90rh AYOnu99. FCRCHA98 FRYC>3 OF THH LANDr 0.901 acres @ 18 0017 ar acre 16 236.00 OT88R TSRMS AND CONDITIONSr a1 County will co eneate owner for 4" flow well - 07,000-001 _ b7 County will compenaats cwner for 30 Citrus trees 6 $200.00 per tree $3,000.001 County will cM2ensats owner for grove restoration (awale, turnaround, risers) - $4,000.00; d) County will comRsnaate owner for relocating immature palm trees from the right-of-way, Trees to be moved within 60 days from closing. 25 tress 25.00 sr Cres - 5625.00; a) Owner will not be assessed for the paving projects f) CountXjcontractor will replaas existing culverts, as aecessary under 5th Street SW at no expense to owner County will provide "Condasissation" letter from Coungy Attorn2XI h Count lyes its ermission for the ro ert owner or his to sse to harvest the citrus fruit from the trans within the acquired right-of-wa or from the trees outside of the right-of-way for which the County has made comgeueation until such time ns the tress ars removed (within the right-of-way) for road building aurnoses; i County will make its best effort to notify the property -owner 30 days from date the County intends to begin work on the road or from the date of letting the contract to a nrivata contractor under Evidence of Tile Section V of the contract it is the intent that the bu er County_) may obtain an abstract of title or title insurance at the buyerls excenaes 986 FA132 2 OF ADDENDUM 612012000 Signature Caroline D. Ginn, Vice Chairman Dale Signature Ronald L. Callahan, ROW Agent Date Signature Charles. R. Sexton, Jr. / Dala.. Signature Data This forma lice,ised for us" with FarsnuhmIcne rorntc Software by ISG McAlli►tbr PuBllshing, Ina OM336�1027 C7 E-1 C-1 Addendum q - Concerning the property known as ��exton wye on 5th_Struat 8W _h@Peen 43rd_and 58th 71Xanuea ADDITIONAL CL1y'UB r - Tib City of Vero Baaoh Utility polee {hisrh tension) currently located along the rear of the subject property, in the drainage district easement gill racuin in the ri ht -of -ways ar Cit of Vero Beach inserin L) LIABILITY CP,ASJSSe By comsgeneating the property owner for the flow wail rove rastaraticn and citrus tresso the Count shall he held harmlesa and without liability for the continued operation of the citrus grove. BUb124ARY � Purchase price of the land . $16,_Z36.00 Additional C ennation Ttems $14A Total $30,861.00 Signature _ Caroline D. Gi , Vi ce C airman Signature Ronald L. Callahan, County ROW Agent signature Charles R. Saxton„ r. Signature 612012000 Date 6, Ll d Date Date � • n .r .. fs� r ✓ dart+ l , --vkW %r�ir� . +t :✓� yr1di V D (•,1-£3211„ M*'A) 00-9-4 P?1i41d DIAO'M55 :3112 'JMQ avav Ln C ej _ i O F- w` o U U w 1 -7nN3AV C1ivjj t, GU/7 uOd,6'6ZC �� ° ^ a � zIPOS z � ac C o is d. W 11 } kq Lo 7 40U F2- d V'Y wQ 0 w 9Mi Li 0 "` p Sl'SILl j v,c� N r''i O M 'a4 [] 0 Q BOOLl LO 4D o th C71 co <O N Cl) � iti E n 4 LO C] m �' c Q3 E u ll ,9Z L of 3 t o aur7 )00,Uv'D L �� v U.- c ro ea a rn 3'z ' Cl 4 E^ ._. Qy G L, -x ep titz u 0j C.9 O Pk N c M.0 O U (n cT {7'� n w c3 QI n W co ter" v�ail' j cr usc y :e ° tt y �f 0 o v _ a _o'� Q mu w O C 01 ° O C1 V�% � > 01 0 27�U� W,CNU) vN en N c z X 91 �U .�t7 Vii'" � © U -If mom c ' � � �( ",¢ � � U ` toi00 a� yarn p XHIBIT � t U N u e "All I .3 oc vi_ 3� � a a. C M i'V 1� �'�' O V 1.7 �QJ � 91"�ry 0� 1 O 1- .0. c V] IIT 0 U -r- � 73 u � IKl ,