Fort Walton Beach Ordinance — 2041--Behind 30 Ready Ave ‎(Sale of Property)‎ — reading text

parties. 296 Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees, and will equally split the 297 arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to 298 the arbitration shall be entitled to recover from the nonprevailing party reasonable attorneys' fees, costs and expenses. 299 Buyer( S )( and Seller( acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. VAC- 9 Rev. 4/07 © 2007 Florida Association of REALTORS® All Rights Reserved Form generated by MIC Forms" www. TrueForms. com 800- 499- 9612 300 ESCROW AGENT AND BROKER 301 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow 302 and. subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this 303 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 Contract 305 or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and 306 costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent 307 and charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so 308 long as Escrow Agent consents to arbitrate. 309 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations 310 that are important to them and to consult an appropriate professional for legal advice ( for example, interpreting contracts, 311 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, 312 the effect of property lying partially or totally seaward of the Coastal Construction Control Line, etc.) and for tax, property 313 condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the 314 Property and that all representations ( oral, written or otherwise) by Broker are based on Seller representations or 315 public records. Buyer agrees to rely solely on Seller, professional inspectors and governmental agencies for 316 verification 317 of the Property condition and facts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all levels, incurred by Broker and Broker' s 318 officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement or failure 319 to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker' s officers, directors, 320 agents and employees from all liability for loss or damage based on ( 1) Buyer' s or Seller's misstatement or failure to perform 321 contractual obligations; ( 2) Broker's performance, at Buyer's and/ or Seller' s request, of any task beyond the scope of services 322 regulated by Chapter 475, F. S., as amended, including Broker's referral, recommendation or retention of any vendor; ( 3) 323 products or services provided by any vendor; and ( 4) expenses incurred by any vendor. Buyer and Seller each assume full 324 responsibility for selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory 325 obligations. For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 326 17. BROKERS: The licensee( s) and brokerage( s) named below are collectively referred to as " Broker." Instruction to Closing 327 Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 328 separate brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent Broker 329 has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse 330 brokerage fees as indicated below. This paragraph will not be used to modify any MLS or other offer of compensation made by 331 Seller or listing broker to cooperating brokers. 332 333 Selling Sales Associate/ License No Selling Firm/ Brokerage Fee:( S or% of Purchase Pnce) 334 Mark G. Bethea Realty House Commercial Properties. Inc. 335 Listing Sales Associate/ License No Listing Firm/ Brokerage Fee:( S or% of Purchase Pnce) 336 ADDITIONAL TERMS: 337 18. ADDITIONAL TERMS: 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 Buyer( `] ice)( and Seller( acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages. VAC- 9 Rev. 4/ 07 G 2007 Florida Association of REALTORS® All Rights Reserved Form generated by True Forms' www. TrueForms. com 800- 499- 9612 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 377 OFFER AND ACCEPTANCE 378 ( 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 copy 380 delivered to Buyer no later than 5 a. m. X p. m. on August 12, 2020 this offer will be 381 revoked and Buyer's deposit refunded subject to clearance of funds. 382 COUNTER OFFER/ REJECTION 383 Seller counters Buyer' s offer( to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a 384 copy of the acceptance to Seller. Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from the 385 date the counter is delivered. Seller rejects Buyer' s offer. 386 Date: Au u 2, - Buyer: ,. 1 / i 5 i `, J f-/ 3 A 387 Print name: 5T . gin. iCr1 388 Date: Buyer: 389 Phone: Print name: 390 Fax: Address: 391 E- mail: 392 Date: Seller: 393 Print name: 394 Date: Seller: 395 Phone: Print name: 396 Fax: Address: 397 E- mail: 398 Effective Date: The date on which the last party signed or initialed acceptance of the final offer.) 399 Buyer(__ •i - )( and Seller( __)( acknowledge receipt of a copy of this page, which is Page 7 of 7 Pages. The Florida Association of REALTORS and local Board/ Association of REALTORS make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States( 17 U S Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms VAC- 9 Rev. 4/ 07 © 2007 Florida Association of REALTORS® All Rights Reserved Form generated by TPtieForms- www. TrueForms. com 800- 499- 9612  f• fo Page 0 12_ s ap 1 Clvmer Cityof! Or! Vyaitton Beach . _ Eroferty.Addrels Off Ready Aveparcel 4-Al_ Fort Walton Beach County okaioosa._ _ Stale FL bc3Code. 32548 Client City of Fort Walton Beach c/o Mark Bethea IIii 1 M- I I-::: 1,z I? 1 ;. I 7.......„...,............,........., 133 eC t. 1- 1.. 1° 1 1. 550,':.:.."- 5° A.:~-• Wel Al! I 161) t t 1 i ,, I ' '•