HomeMy WebLinkAboutMaury L. Carter & Associates Contract # 1989-02 -1989 04 05~a.m - .BETTER BU8INESS FORMS
Orlando, FL - (4071291-9044 1125562
Cont . #1989-002 CONTRACT FOR SALE AND PURCHAS
PARTIES: '~~~ ~.s~vu., t.~r~.u~zvsruvwX Wllli.am R Swindle ~~ ~ Seller"
of~jo: MaLr~ Tc~ _arter & Assoc. , Inc. , 908 S. Delaney St. , Orl. (P,~ne422-3144 ( ~,
andS'.lt.~ of Wi nter Seri ngG _ ("B-uyer')'
of Winter marinas Fl 32708 _ (Phone 327-1800 ),
hereby agree that the Seller shalt sell and Buyer shall buy the following real property ("Real Property") and personal property ("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.
1. DESCRIPTION: (a) Legal description of Real Property located in Sem i n n 1 P_ _ County, Florida:
Lot 9 Block B of D R Mitchell's Survey of the Levy Grant on Lake Jessup accord-
j,n~ to the Plat thereof as Recorded in P B. 1, Paae 5 Public Records of Seminole
o~ Ccmi Ytn~ P c'OUnty
(b) Street address, city, zip, of the Property is: 1 50 Drange Avenue uni nrnr.~nrat- -
(c) Personalty:
~. ~
II. PuRCHASEPRICE..S~e1=...Addendum..A.;...P.a.ragx~
PAYMENT:
(a) Deposit(s) to be held in escrow by
(b) Subject to AND assumption of mortgage in good standing in favor of
..I...~."~ .................................:...........
er ~ in the amount of $ 2 r 500.00
having an approximate t principal balance of $
(c) Purchase money mortgage and mortgage note bearing annual interest at % on r set forth herein, in amount of .......... $
(d) Other: $
(e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier' check s adjustments and prorations $ C P P A [9 [i _ A , Pa r
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties
on or before II~ rX~~E~~~~ril 5, 1989 ,the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn.
The date of this Contract ("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 p~arrt~o~f 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 N/A 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 Effeptive 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 Seller 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 (if 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 ,3~--- 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)I~title insurance commitment. See Addendum A r Par . I I & Par . I I I
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on ,unless extended 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 feet 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:
provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property formlln i [~ i = a 1 =ark & other dub 1;?,r~ibse(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.
THIS 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 terms and conditions in this Contract should be accepted by fhe parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
C PYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC.
~• Date ~ (~ t!./~+~ ~ ~~ ~ "Z..4" Date
Me u uyer) - ~~~~~~~ (Seller)
or Tax
591026364 Social Security or Tax LD. # / Z~ ~-'~a ' ~7 /9
CITY MANAGER l~ yer) ~
Social Security or Tax I.D. # 59-1026364
~~/~ Date
,3~
(Seller)
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 IS CURRENTLY IN EFFECT:
Iler agrees to pay the Broker named below, incl ing cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
Date
(Escrow Agent)
~J IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller 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)
~_ % of 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
Contract. 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
services 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
pay 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.
Maur L. Carter & A soc. , Inc. Craao Realty / ~`-~'~-
(firm na cr.-,rwrt (name of COOD@ratinst sub-aslant) (Seller)
i~
Addendum A
Ref: Contract for Sale do Purchase
Cont. X1888-002
By ~ Between' William R. Swindle, as. Seller
City of Wlnter Springs, as Buyer
This agreement shall be subJect to the following contingencies:
Paragraph I The purchase price shall be :~" ~ $30,000 per acre, payable in cash,
su7~jeCt to the
~ ((, ~
AND~"~ a~
paid for by b y ~;~I s~~urvey confirming
l
sub,lect to a survey
the buyer acceptable to seller's ownership of
and appraisal to be
the City of Winter at least 10 acres.
provided and ` ,,~
Springs con- u~/"S
firming a market value of at least $30,000 per acre. T XZii
raised
If the a
pp
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. ~'"r J
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.
Paragraph III
This purchase is specifically contingent on buyers agreeing to buy
and sellers agreeing to sell the ad,~acent parcel known as Lot 10, ~~
B1 B & Ipts & 2, Block C. D. R. Mitchell's Survey of the Levy Grant
on a Jessup ccorcling to the Plat thereof as recorded in P.B.. 1, Page 5
_ is Ftecor f Seminole County, Florida, including any i~rc~v~anents
~~~~
ss
Witness
•~
Witness
./
fitness
~~~~
Date
~J•
Buyer
Date
Seller
__ T
1989-002
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, towit• Lot 9, Block B of D. R. Mitchell's Survey
Of i•11P ~ T.pv~ (rant nn T.lr ,Tr~eciir~ aCCnrrii ng ~n tha P1 at tl~aranf a c ran _ PR1 r P5 PR
Seller: Wi 11 i am R. Sw ndPl 1
At such time as the above referenced transaction is closed, additional sums may be demanded Prom you as the Buyer in
the form of closing costs. Listed below are the major closing coat items which may be payable by you pursuant to the
contract which yon 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 yon have been added.
~ 1. Attorney's fees
^ 2. Escrow account balance
~} 3, Hazard insurance
^ 4. Recertification of abstract
~ 8. Survey
~ 6. Title insurance
^ ?. Transfer fee on existing mortgage
Q~ 8. Appraisal fee
Q 9. Credit report
~ 10. Documentary stamps on new note
~ 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..
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 persona who are exposed to it over time. Levels of radon that exceed federal and state guidelines
have en found in b inga in Florida Additional information regarding radon and radon testing play be obtained from
your o my public he t unit.
Date is ~16thd y fMareh ,19~_
`~RM^~l, Ju i th Trock ~`~
W ee er
/ / / /'
Bayer
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 Buyer 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 said 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)
Dated this ~ ~ day of ~ ~-~~ ,19 ~~
OABOa (11/88)
8euer
seller