Fort Walton Beach Ordinance — 2070--116 Hollywood - Disposition of Property — reading text

proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not attach to any 242 interest in real property. This lien right cannot be waived before the commission is earned. 43 b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 244 assessment lien( s) imposed by a public body. (A public body includes a Community Development District.) Such 245 liens, if any, shall be paid as set forth in Paragraph 9( e). 246 c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 47 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that M8 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 249 and radon testing may be obtained from your county public health unit. 50 d) Energy- Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 151 Section 553. 996, Florida Statutes. 52 17. RISK OF LOSS: 53 a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will bear 54 the risk of loss and Buyer may cancel this Contract without liability and the deposit( s) will be returned to Buyer. 55 Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and Seller 56 will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim to any 57 insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any such 58 proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of the 59 Buyer. 60 b) If. after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 61 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 62 Contract without liability and the deposit( s) will be returned to Buyer. Alternatively, Buyer will have the option of 63 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 64 closing the proceeds of any award, or Seller' s claim to any award payable for the taking. Seller will cooperate with 65 and assist Buyer in collecting any such award. 66 18. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise is 67 * not assignable is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment 68 agreement to the Seller at least 5 days prior to Closing. The terms " Buyer,"" Seller" and " Broker" may be singular or 69 plural. This Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns 70 ( if assignment is permitted). 71 19. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 72 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound 73 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 74 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 75 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 76 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 77 construed under Florida law and will not be recorded in any public records. 78 20. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, 70 a licensed real estate Broker other than: 80 * ( Seller' s Broker: Realty House Commercial Properties, Inc. Mark Bethea a) Licensee) 81 Company Name) 82 * 11 Racetrack Re, NE, Ste I I. 1. Ft Walton Bch, FL 32547 850- 244- 9117 850- 664- 6622 markb a, realtyhouse. com 83 Addtnac TalnphnnP Fax F- mail) 84 • who Xis a single agent is a transaction broker has no brokerage relationship and who will be compensated both parties pursuant to listing agreement other( specify) 85 • by X Seller Buyer a 86 • 87 • Buye J)( and Seller( yam )(__ ) acknowledge receipt of a copy of this page, which is page 6 of 8 Pages. CC- 4 REV 12/ 10 t02310 1- o: roa REALTORS4 Al Rights Reserved fo: o ce* vacedby . Irite Forms• www. lrueForms. com 800. 4999512 288 • ( b) Buyer' s Broker: __ 289 Company Name) Licensee) 290 * 291 Address, Telephone. Fax, E- mail) 292 • is a single agent is a transaction broker who has no brokerage relationship and who will be compensated 293 • Seller' s Broker Seller Buyer both parties pursuant to MLS offer of compensation other( specify) by an 294 295 ( collectively referred to as" Broke() in connection with any act relating to the Property, including but not limited to 296 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 297 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 98 reasonable attorneys' fees al all levels, and from liability to any person, arising from ( 1) compensation claimed which is 299 inconsistent with the representation in this Paragraph, ( 2) enforcement action to collect a brokerage fee pursuant to 300 Paragraph 10, ( 3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 301 services regulated by Chapter 475, Florida Statutes, as amended, or ( 4) recommendations of or services provided and 302 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 303 21. OPTIONAL CLAUSES: ( Check if any of the following clauses are applicable and are attached as an addendum to 304 this Contract): 305 • Arbitration Seller Warranty Existing Mortgage 306 * Section 1031 Exchange Coastal Construction Control Line Buyer' s Attorney Approval 307 • Property Inspection and Repair Flood Area Hazard Zone Seller' s Attorney Approval 308 • Seller Representations Seller Financing Other 309 22. ADDITIONAL TERMS: 310 A) Buyer understands that an existing sewer line runs across the subject property and the seller wilt need an 311 easement in order to service and maintain the sewer line. 312 313 B) The purchase is subject to the buyer being able to rezone the property to operate a boat repair and maintenace 314 facility. 315 316 317 318 3t9 320 321 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 322 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 323 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APP:'.^".!: 324 PROFESSIONAL FOR LEGAL ADVICE ( FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE r`— r'," TRANSACTION, STATUS OF T! TL E, F^^. F' '''-"-' " 325 EFFECT OF LAWS ON THE PROPERTY AND 326 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PR.. ._... . _ _ .._.. ._.., 321 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPv T::: 328 REPRESENTATIONS ( ORAL, WRITTEN OR OTHERWISE) BY BROKER APE A^. cFn nst CFI 1 ro 329 REPRESENTATIONS OR PUBLIC RECOPPF r. 1' r' rn. 330 THE REPRESENTATION. BUYER AGREES TO N., • -• •• - • . 331 AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE 332 AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 333 * Buyer 6111 )( _) and Seller( __)( acknowledge receipt of a copy of this page, which is page 7 of 8 Pages. REV 12110 Ci2C10 FtondaREALTORS® AU Rights Reserved CC- 4 Form gene• atcd by 1 rue Forms" www. lrucForms. com 800. 49g- 9512 334 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 335 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 336 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 337 to do so. 338 le Date: V'j/ 2 C) __ 339 ( Signature of Buyer) 340 • 0,1-4/:3 R L P f- 5y/ 1 ctv5:' O, qo Tax ID No: 73- /. 7/ 2 11 5- y 341 ( Typed or Printed Name of Buyer) n 342 • Title: lv= S 1 O= 1c./ l`" Telephone