HomeMy WebLinkAboutMaury L. Carter & Associates Contract # 1989-01 -1989 04 05-- ~ ._ ~.-
~~~ BETTER BU81NE68 FORMS 7125562
Orlantb, FL-(40')297-9044
).t. #1989-001
PARTIES:~~~-~~~X~~XA~C7?~~' >/aerton x van aen rserQ (°Seller'>,
pfs/n Mat1r~ T carter & AGsoc Inc. 908 S. Delaney St. , Orl . _ (pnone 422-3144 ),
and ((: i t ~r o f Winter S n r i n~ G ,("Buyer„),
of Winter S= ri n~~., F1 X2708 (pnone ),
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal prdperty ("Personal ") (collectively "Pro er ") upon the following
terms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standards ") and any addendum to this instrument.
I. DESCRIPTION: (a) Legal description of Real Property located in SPm i n [] 1 County, Florida:
. T.n+: 1 0, R1 rc~k R & T.o .s i & 2 , Block C. D. R. Mitchell's Survey of the Levy Grant
nn Talra TPG~17= ac-cording to the P1 at thereof as recorded in P.B. 1, Paae 5 Public
(b) Street address, city, zip, of the Property is:
(c) Personalty:
$2,500.00
(b) Subject to AND assumption of, mortgage in good standing in favor
(c) Purchase money mortgage and mortgage note
(d) Other:
(e) Balance to close (U.S.-cash, LOCALLY DR
111. TIME FOR ACCEPTANCE; EFFECTIVE DATE: tl
having an approximate present principal balance of
7g annual interest at -~ % on terms set forth herein, in amount of
1 .l ~ 1~ 1(~w
certified hl~ checkq, to jy~b~nts and prorations $ G P P A ~ ~ - A 1 par T
offer i uted by d ive ~ ~ II parties OR FACT OF EXECUTION communicated in writing between the parties
on or before ~X ~~X~r11 ~i _ t e deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn
The date of this Contract f"Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
iV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned on the Buyer
obtaining a written commitment for the loan within ~_ days from Effective Date, at an initial interest rate not to exceed %; term of years;
and in the principal amount of $ .Buyer will make application within days from Effective Date, and use reasonable diligence to obtain the loan com-
mitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and,
promptly notifies Seiler in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the time
stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph II(b) above has (CHECK (1) OR (2)): (1) ^ a variable interest rate OR (2) ^ a fixed interest rate of % per annum.
At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within
days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages. If Buyer has agreed to assume
a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them
to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (it not filled in, equally divided). If the Buyer is not accepted
by mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or
,Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: At least days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check (1)
or (2)): (1) ^ abstract of title OR (2) title insurance commitment. nn p t7m pp p a T
VI. CLOSING DATE: This transaction shall be closed and the deed 2~r ~~ther`C~~T~a~~~}eli4eled oif a r . I I s` ,PuTil~s§ exTe~d~d by other provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7'h fee( in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent
years; assumed mortgages and purchase money mortgages, if any; other:
)7u i ~
provided, that there exists at closing no violation of the foregoing and none of them prevents-use of Reai Property form„n ; n ; v, ~ i r a r1r a n r7 n f h p r / purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them.
X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached.
XI. .COASTAL CONSTRUCTION CONTROL LINE (°CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F.S., (1987), as amended,
shall apply and the CCCL Rider or equivalent may be attached to this Contract.
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (°FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
require Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this Contract.
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) ^ may assign OR (2) [~ may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) ® is attached OR (2) ^ is not applicable.
THI$ IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the tem>,s and conditions in this Contract should be accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests,' objectives and bargaining positions of all interested persons.
OPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORI SSOCIATION OF R TORS, INC.
%~Date ~ ~(J ate
OR user) (Seller)/p~
So ' Sec rity or Tax I. 59-1 26364 Social Security or Tax I.D. # v ~~v
7 / Date Date
AGER (Bu er) (Seller)
Social Security or Tax I.D. # ~ 59-1026364
Social Security or Tax I.D. #
Deposit(s) under Paragraph I I received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By:
IF A LISTING AGREEMENT 13 CURRENTLY IN EFFECT:
Iler agrees to pay the Broker name .below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
(Escrow Agent)
rOR
.4fJ IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Iler shall pay the Broker named below, at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
°/ gross purchase price OR $ ,for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing
tr . If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker, as full consideration for Broker's
e es including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform, Seller shall
S' the full fee to Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney fees and costs.
~~1~
(firm ) (~ ~ 2fi sub-a (Seller)
. ~
Addendum A
Ref: Contract for Sale Ec Purchase
Cont. #1989-001
By & Between: E erton K. van den Berg, as Seller
X~I~~iXI~X?{7dl~J~X~1~XgX?~K?S~Y9~
city of Winter Springs, as Buyer
This agreement shall be sub,lect to the fol~.owing contingencies:
~ +~`~q,
Paragraph I / __
The urchase pr' e shall be ~ ~~ $30,000 per acre, payable in cash.
~; -'~;~~ ~~ect to a survey and appraisal to be provided and
paid for by the buyer acceptable to the City of Winter Springs. con-
firming a market. value of at least X30,000 per acre. XU~XX~lfi~?ilfiX
}~74X~I~Xl'f~~iiKI~Xg]~3~X~~Kx~~X~Y>~3X~~~X If the appraised
value is less than $30,000 per acre, the City may terminate the contract
by giving written notice to the Seller on or before•June 9, 1989.
Paragraph II
/'~"'
This purchase of this property is contingent on the City of Winter
Springs obtaining and closing on the "SUPERPARK BOND ISSUES" prior
to closing on this property. XXXKX~K~X7EX~XX}i~~~~,Y$g~X~/~~/~
~xld$E~Li{~{Xi~~bX~f]IkEX1~K~jKXKKX~~~g~X If the closing does not occur
on or before June 30, 1989, for any reason other than Seller's default,
this contract shall automatically be null and void, and the City's
deposit shall be released to it. 1~~~_Y
Paragraph III
This purchase is specifically contingent on buyers agreeing to buy
and sellers agreeing to sell the adJacent parcel known as Lot #9,
Blk B, of D. R. Mitchell's Survey of the Levy Grant on Lake Jessup
a ording t the Plat thereof as recorded !n FB 1, P. 5 Public
Re~j ords, S inole County, Florida (Ref. Cont. 1989-001)
W ss // Date c.~,~
(~/ / /'!
Witn s Buyer
March 28, 1989
Wit ess Da
Witness Seller Egerton K. van den Ber
~~ , ~-~~_po ~
Real Property Sales Disclosure Warning
Top Portion Completed By Buyer/Bottom Portion Completed By Seller
To: City o f Winter Springs ,BUYER of that certain real property described as
follows, to wig Lot 10. Bik B & Lots 1 & 2 , Block - C, D R Mitchells Survey
of the Levy Grant on Lake Jessup according to the Plat thereof as recorded
Seller: Edtierton K. Van der Burg .
At such time as the above referenced transaction is closed, additional sums may be .demanded from you as the Brayer in
the form of closing costs. Lfsted below are the major closing cost items which may be payable by yon pursuant to the
contract which you are about to sign. Where known to the undersigned broker, the dollar amounts (where known, but not
if only a matter of estimate) to be paid by you have been added. '
(~ 1. Attorney's fees
^ 2. Escrow account balance
~ 3. Hazard insurance
^ 4. 8ecertification of abstract
~ 6. Survey
~ 6. Title insurance
^ ?. Transfer fee on existing mortgage
[i[ 8. Appraisal fee
~ 9. Credit report
~ 10. Documentary stamps on new note
l`d 11. Intangible tax on new mortgage
~ 12. Mortgage company's attorney's charges
^ 13. Prepayment of taxes and insurance for escrow account
~ 14. Service fee (or origination fee) on any new loan
^ 16.
This is to further advise that the undersigned broker, being the person procuring the sale of the real property in question,
is the agent of the Seller and will be paid by the Seller.
Buyer acknowledges that this instrument has been read and signed before any Contract for Sale and Purchase of the real
estate here in question has been signed.
liadon 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 gaidelines
have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from
your county public health unit. , / iJ ,~
16thday of~arCh ,19 8g
dith Trock
Huyer
Latent Defects: Owner'specifically acknowledges and understands that where Owner knows of facts materially affecting the
value or desirability of the Property, whether said facts are readily observable or not readily observable, then Owner is
under a duty to disclose said facts to the Brayer and to the Broker. If Owner knows of said facts, he shall set them forth
in writing under the "Special Clauses" provision below or by written document attached to the Listing Contract and presented
upon execution on the Contract. Owner has fully reviewed this Contract and the information relative to Bald property (as
shown in the listing information and/or the attached listing information sheet) and Owner warrants, to the' best of his
knowledge, the accuracy of said information. Owner agrees to indemnify and hold harmless Broker and those relying thereon
for damages resulting from the inaccuracy of said information and from Owner's failure to disclose any facts materially
affecting the value or desirability of the property. Special Clauses: (if needed)
Bayer
Dated this l~?~~Y
,19
ker
Seller
OABOa (11/88) Seller