Fort Walton Beach Ordinance — 2069--14 Robinwood ‎(Sale of Property)‎ — reading text

party have will5 deliver non- complying written notice to the non- days ( 5 days if left blank) after will the non- compliance. complying party specifying delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 12. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in accordance with applicable Florida Laws and regulations. 13. DEFAULT: a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title marketable after diligent effort, Buyer may either( 1) receive a refund of Buyer's deposit(s) or( 2) seek specific performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either( 1) retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or( 2) seek specific performance. If Seller retains the deposit, Seller will pay the Brokers named in Paragraph 20 fifty percent of all forfeited deposits retained by Seller( to be split equally among the Brokers) up to the full amount of the brokerage fee. If Buyer fails to timely place a deposit as required by this Contract, Seller may either( 1) terminate the Contract and seek the remedy outlined in this subparagraph or ( 2) proceed with the Contract without waiving any remedy for Buyer's default. 14. ATTORNEY' S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, costs, and expenses. 15. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) representing a party will be as effective as if given by or delivered to that party. 16. DISCLOSURES: a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 3 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of commercial 3 real estate for any commission earned by the broker under a brokerage agreement. The lien upon the owner's net Buyer( t2 i' L )( and Seller(,. 413 )( acknowledge receipt of a copy of this page, which is page 5 of 8 Pages. 01) 2010 Florida REALTORS® All Rights Reserved CC- 4 REV. 12/ 10 www. TrueForms. com 800-499- 9612 Form generated by TrueForms'"  proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not attach to any interest in real property. This lien right cannot be waived before the commission is earned. b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special assessment lien( s) imposed by a public body. (A public body includes a Community Development District.) Such liens, if any, shall be paid as set forth in Paragraph 9( e). c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. d) Energy- Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by Section 553. 996, Florida Statutes. 17. RISK OF LOSS: a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of the Buyer. b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at closing the proceeds of any award, or Seller' s claim to any award payable for the taking. Seller will cooperate with and assist Buyer in collecting any such award. 18. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise Xis not assignable 1 ie-essiepettle7If this Contract may be assigned, Buyer shall deliver a copy of the assignment Seller at least 5 days prior to Closing. The terms " Buyer," " Seller" and " Broker" may be singular or agreement to the plural. This Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns if assignment is permitted). 19. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. 20. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a licensed real estate Broker other than: M. Kevin Bethea a) Seller' s Broker: Realty House Commercial Properties, Inc. Licensee) Company Name) 850- 244- 9117 664- 6622 KevinB(c RealtyHouse. com , 11 Racetrack Rd. NE Suite H- 1 FWB, FL. 32547 Address, Telephone, Fax, E- mail) who Xis a single agent is a transaction broker _ has no brokerage relationship and who will be compensated both parties pursuant to X a listing agreement other( specify) by X Seller Buyer Buyer( ' iRt L. )( and Seller(. rtrb )( acknowledge receipt of a copy of this page, which is page 6 of 8 Pages. 2010 Florida REALTORS® All Rights Reserved CC- 4 REV. 12/ 10 © www. TrueForms. com 800- 499- 9612 Form generated by TrueForms'"  b) Buyer' s Broker: None Company Name) Licensee) Address, Telephone, Fax, E- mail) who is a single agent L_ is a transaction broker has no brokerage relationship and who will be compensated by Seller' s Broker Seller Buyer both parties pursuant to an MLS offer of compensation other( specify) collectively referred to as" Broker") in connection with any act relating to the Property, including but not limited to inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and from liability to any person, arising from ( 1) compensation claimed which is inconsistent with the representation in this Paragraph, ( 2) enforcement action to collect a brokerage fee pursuant to Paragraph 10, ( 3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of services regulated by Chapter 475, Florida Statutes, as amended, or( 4) recommendations of or services provided and expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 21. OPTIONAL CLAUSES: ( Check if any of the following clauses are applicable and are attached as an addendum to this Contract): I Arbitration i Seller Warranty L Existing Mortgage Section 1031 Exchange Coastal Construction Control Line Buyer's Attorney Approval Property Inspection and Repair Flood Area Hazard Zone C_, Seller's Attorney Approval El Seller Representations Seller Financing Other 22. ADDITIONAL TERMS: A. Purchase is subject to property being re- zoned MB Mixed Business and Manufacturing or other zoning that allows tree cutting and service business. B. Seller will pay for title insurance but all other closing cost to be Buyer's responsibility. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE