Fort Walton Beach Ordinance — 2039--100 Ready Avenue--Sale of Property — reading text

J, to; o- i ,, ; i: . - t: j .,,,, aril..., 1 t . 6 i Ems-" ' E 2:..,_.=,- ti§ t. A137-= C- _ v, 1,...,::.:, Form MAF LOC-' TOTAL" aneralsol scttware by a la mode inc - 1- 800- ALAMODE Prepared by and return to: Hand Arendall Harrison Sale LLC Dion J. Moniz 304 Magnolia Avenue Panama City, Florida 32401 File Number: 20- 233HD Folio Number: 08- 2S- 24- 0000- 0002- 0000 CORPORATE OWNER/ SELLER AFFIDAVIT State of Florida County of Okaloosa The undersigned, Richard A. Rynearson,(" hereinafter Affiant) being first duly sworn, deposes and says that Affiant has personal knowledge of the following facts: 1. 1 am Mayor of City of Fort Walton Beach, a Florida municipal corporation hereinafter referred to as" Entity". 2. That Entity is not a foreign corporation, foreign partnership. foreign trust or foreign estate( as those terms are defined in the Internal Revenue Code and the Income Tax Regulations under the Internal Revenue Code). 3. That Entity's U. S. Employer Identification Number is: n/ a 4. That Entity's Office Address is: 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548. 5. That Entity owns the property described as follows: THE SOUTH 100. 00 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER LYING WEST OF WEST RIGHT-OF- WAY OF READY AVENUE( 80 FOOT RIGHT-OF- WAY), SECTION 8, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA. And its possession thereof has been peaceable and undisturbed and the title to said property has never been disputed or questioned to our knowledge, nor do we know of any facts by reason of which the title to, or possession of said property might be disputed or questioned, or by reason of which any claim to any said property might be asserted adversely to me. 6. There are no tenancies, leases or occupants. 7. No proceeding in any bankruptcy or receivership have ever been instituted by or against Entity, and we have never made an assignment for the benefit of creditors. 8. 1 know of no action or proceedings relating to said property which is now pending in any State or Federal Court in the United States, nor do we know of any State or Federal Judgment or any Federal Lien of any kind or nature whatsoever, which now constitutes or could constitute a lien or charge upon the subject property. 9. There are no judgments against us unpaid or unsatisfied of record. IRS liens and/ or State Revenue Liens in any court of this State or of the United States and said property, as far as we know is free from all leases. mortgages and other liens and encumbrances except as disclosed in Commitment No. issued through First American Title Insurance Affidavit - Owner- Seller- Corporate( Page 1 of 2 pages)  Company. 10. There are no loans of any kind on said property except the following: NONE 11. There are no unpaid bills or claims for labor or services performed or material furnished or delivered during the last twelve months for alterations, repair work, or new construction on said property which have not been paid for in full except those as shown on the closing statement of this transaction. 12. There is no contract for the making of repairs or improvements on said property. 13. There is no outstanding unrecorded contract for sale of subject property to any person or persons or corporations whatsoever, other than that certain contract to Southeastern Industrial Park, LLC nor are there any chattel mortgages, security agreements, financing statements nor any other conveyance affecting the title to the property described herein except as disclosed in Commitment Number, issued through First American Title Insurance Company. 14. There are no unpaid real estate taxes and/ or tangible taxes due on subject property except as disclosed in Commitment Number, issued through First American Title Insurance Company. 15. That there are no matters pending against Entity that could give rise to a lien that would attach to the property between the disbursing of the funds and the recording of the interest to be insured, and that the affiant has not and will not execute any instrument that would adversely affect the title or interest to be insured. This affidavit is made and given to induce Hand Arendall Harrison Sale LLC to issue a policy of title insurance. City of Fort Walton Beach, a Florida municipal corporation AZ,/ Q -7/4,-- Richard A. Rynearson, Mayor State of Florida County of Okaloosa The foregoing instrument was sworn to and subscribed before me by means of 1physical presence or online notarization, this 15th day of October, 2020, by Richard A. Rynearson, as Mayor of the City of Ft. Walton Beach, who is personally known to me or who produced Drivers License as identification and who did take an oath. No Public Kin%AX. . A, ekes Notary Printed or Typed Name My Commission Expires: e2, j? ) o Z3 Clot' t u' aui/ wdra ue! wiur+ro A y r, KIM M.-BARNES mestizo° s ustW u+uMO I. , s. i Z Nary Public• SOW a Plaids s0aga w wei,- 341014A, epN s. Commission a meow S3t+tt•Itro W Yrl) r F Mr CartrnuNOn•Expires Feb. 17. 2013 Affidavit - Owner- Seller- Corporate( Page 2 of 2 pages)  COMPLIANCE AND TAX PRORATION AGREEMENT RE: Closing Date: 10/ 15/ 2020 Buyer: Southeastern Industrial Park, LLC Seller: City of Fort Walton Beach, a Florida municipal corporation Property Address: 100 Ready Road, Fort Walton Beach, Florida 32548 We, the undersigned Seller and/ or Buyer/ Borrower herein acknowledge the following as conditions of the above referenced transaction: 1. All contingencies set forth in the Contract for Sale have been complied with in full; 2. All utility bills, including but not limited to water, sewer, gas, garbage and electric are the responsibility of the undersigned parties, not the closing agents. All matters regarding utility bills will be handled outside of closing; 3. The undersigned parties will fully cooperate if adjustment for clerical errors on any or all closing documentation is necessary, and will sign such additional documents as are necessary to correct such errors. 4. Calculations of payoff figures, or principal balance and escrow account balances and/ or proration, were based on information, either obtained orally or in writing from your existing lender( s).The closing agent will not be held liable for miscalculations as a result of errors made by the lender( s). If there is/ are discrepancies between the figures used in preparing the closing statements, and future information provided by the lender( s) resulting in a demand by the lender( s) for additional funds, owner will, upon request forward said funds forthwith; 5. Consent is hereby given, pursuant to Rule 4- 186. 008( 3) of the Florida Administrative Code, to the placement of the settlement funds for the transaction into an interest bearing account in the name of Hand Arendall Harrison Sale LLC. The parties understand the interest earned or other benefits earned, if any, on such account will be the property of Hand Arendall Harrison Sale LLC; 6. The undersigned parties understand and agree that any shortage in payments made to any debt holder as a " courtesy" or " accommodation" payoff, that are not secured by the property, ( i. e. credit cards, car loans, student loans, etc.) will be the sole responsibility of the borrower. 7. The pro- ration of taxes reflected on the closing statement has been made on the basis of a gross tax figure in the amount of $0. 00 in compliance with instructions contained in the Purchase and Sale Agreement for this transaction. 8. In addition, the undersigned agree that if either Party is charged, on the closing statement, recording, courier or administrative fees over the amount needed to complete the transaction, the Closing Agent shall retain any overage up to $ 25. 00. If the overages charged on the closing statement add up to an amount of$25. 00 or more, the $ 25. 00 plus any excess amount above $ 25. 00 charged for recording, courier or administrative costs, shall be returned to the Party charged Conversely, if the charges on the closing statement for recording, courier or administrative fees prove to be less than required to complete the transaction, the Closing Agent shall fund the difference needed to complete the transaction up to $ 25. 00. If the Page 1 of 1  recording, courier or administrative fees necessary to complete the transaction amount to more than $ 25. 00. The closing Agent may bill the Party charged the $ 25. 00 and any additional amount above the$ 25. 00 needed to complete the transaction. We understand that Hand Arendall Harrison Sale LLC, is relying on the statements contained herein to compute the applicable tax pro- ration amounts between Seller and Buyer. The closing agent will not be liable for any discrepancies that may arise in these pro- ration figures when the actual tax bills for the year of closing are available, or for any