HomeMy Public PortalAbout19-9707 Declaring Certain City Properties as SurplusSponsored by: City Manager
RESOLUTION NO.19-9707
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DECLARING CERTAIN CITY PROPERTIES AS
SURPLUS; AUTHORIZING THE CITY MANAGER TO DISPOSE OF
PROPERTY BY SALE; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka owns certain properties not in use for a public
benefit; and
WHEREAS, Section 166.02(1), Florida Statutes and Resolution 08-7317 grants the
City Commission the authority to declare property that has become inadequate for
public purposes as surplus, and
WHEREAS, it is in the public interest for the City of Opa-locka to sell or
otherwise dispose of this surplus property in a manner that will promote the best
interests of the community; and
WHEREAS, the City desires to dispose of real property representing
approximately 20 feet wide alleyways between the parcels identified by the following
folios: 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-007-2650, 08-2121-
007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-2121-013-2020 and located at NW
27th Avenue and Superior Street, Opa-Locka, FL 33054, as surplus property depicted in
Exhibit "A"; and
WHEREAS, the Planning & Zoning Board has recommended approval of the site
plan for the construction and development of a Retail Center on the Eight Parcel Site,
including the alleyways and subject to City Commission approval; and
WHEREAS, the Developer has agreed to pay a price of $58,000.00, (subject to a
reverter clause if the property is not developed within a specified period of time)
pursuant to an approved site plan; and
WHEREAS, for the aforementioned properties the City Commission of the City
of Opa-Locka hereby authorizes the waiver of a specific provision of Resolution 08-
7317, Section 3 (6), pertaining to Surplus Property, that would otherwise require
advertisement of real property in a newspaper of general circulation. There shall be no
requirement for advertisement pursuant to Exhibit "A"; and
Resolution No. 19-9707
WHEREAS, The City hereby accepts the City Manager's recommendation to
declare the subject properties as surplus property.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission hereby declares the subject properties described
in this resolution as surplus property.
Section 3. Declaration of Surplus Property and Disposal. The City Commission
hereby declares the subject property surplus property and further directs the City
Manager to dispose of the following real properties representing approximately 20 feet
between the parcels identified by the following folios: 08-2121-007-2680, 08-2121-007-
2690, 08-2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-
013-2010 and 08-2121-013-2020, and located at NW 27th Avenue and Superior Street,
Opa-Locka, FL 33054, as depicted in Exhibit "A".
Section 4. Waiver of Resolution 08-7317 Provision. The City Commission
hereby waives Resolution 08-7317 (3) (6) requiring advertisement of this matter.
Section 5. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED this 9th day of October, 2019.
Matthew A. Pigatt, Mayor
ATTEST:
Joa a Flores, City Clerk
Resolution No. 19-9707
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ette Nor is -Weeks, P.A.
City Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Bass
VOTE: 4-0
Commissioner Bass Yes
Commissioner Burke Yes
Commissioner Kelley Yes
Vice -Mayor Davis Absent
Mayor Pigatt Yes
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
Finance Director:
FD Signature:
Department
r r
City Manager:
Newall J. Daughtrey
CM Signature:
Commission Meeting
Date:
10-09-19
Item Type:
(EnterX in box)
Resolution
O 'nice
Oth
X
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance/Resolution Reading:
(EnterX in box)
1st Reading
2nd
Reading
X
X
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bi#: N/A
x
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational m
Bus. & Economic Dev
Public Safety 1111
Quality of Education mi
Qual. of Life & City Image 1N
Communcation_ M
Strategic Plan
Obj./Strategy: (list the specific
objective/strategy this item will
address)
Commercial Retail Services
X
Sponsor Name
City
Manager
Department: Planning & Community
Development
City Manager
Short Title:
A Resolution of the City Commission of the City of Opa-locka, Florida, declaring as surplus the
alleyways between the parcels identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-
2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010
and 08-2121-013-2020, in the B-2 zoning district, to allow for the construction of a Retail Center
on the Eight Parcel Site bounded by Superior Street, NW 27th Avenue and Opa Locka Boulevard
for TNJ Realty, LLC. Providing for an effective date.
Resolution-TNJ Realty, LLC —Declare Surplus 10-8-19
TNJ Realty, LLC, through their Project Manager, William J. Green, Jr. J.D. presented three
requests to Planning & Community Development Department Staff to be forwarded to the
Planning & Zoning Board for their review and approval recommendation. The first request was
for review and approval recommendation to vacate the alleys that are located between the parcels
bounded by Superior Street, NW 27th Avenue and opa-locks Boulevard for the Construction of a
retail center on the Properties identified on the site plan. The second request was for site plan
review and approval recommendation to construct a a retail center on the eight parcel site
bounded by Superior Street, NW 27th Avenue and opa-locka Boulevard on the pracels identified
on the site plan in the B-2 zoning district. The third request was for review and approval
recommendation of the development agreement governing the site plan at the site identified by
the aforementioned folios in the B-2 zoning district in accordance with the City Zoning Code,
Ordinance 15-31.
TNJ Realty, LLC's proposal to develop this site requires that the City Owned alleyways must be
declared surplus to allow the purchase of the alleyways to develop the site as displayed in the
site plan. The Planning and Zoning Board has reviewed this request and has recommended its
site plan approval to develop the site. City Staff has determined that the alleyways identified in
the site plan should be declared surplus and therefore authorize the City Manager to dispose of
the alleyways for the public benefit. Section 166.02(1), Florida Statutes and Resolution 08-7317
grants the City Commission the authority to declare property that has become inadequate for
public purposes as surplus property.
Background.
• According to Miami -Dade County Property Appraiser's website, the legal descriptions for this retail
development site are as follows:
08-2121-007-2680
21 52 41 .30 AC OPA LOCKA PLAT NO 3 PB 31-14 TRACT D LESS NWL75 FT & LESS
E8FT FOR RD BLK 148 LOT SIZE 9383 SQUARE FEET OR 22688-4884-83 0904 2 (2)
08-2121-007-2690
21 52 41 .17AC OPA LOCKA PLAT NO 3 PB 31-14 NWL75 FT OF TRACT D BLK 148 LOT
SIZE IRREGULAR OR 22688-4881 83 0904 2 (2)
08-2121-007-2630
21 52 41 OPA LOCKA PLAT NO 3 PB 31-14 SELY125FT OF TRACT A /AKALOTS 3 THRU
7/&LOT 8 BLK 148 LOT SIZE 150.000 X 100 OR 14120-1478 0589 1 COC 21483-0647 07
2003 1
08-2121-013-2010
Resolution-TNJ Realty, LLC —Declare Surplus 10-8-19
08-2121-007-2660
21 52 41 PB 31-14 OPA LOCKA PLAT NO 3 S50FT OF N150FT OF TR C LESS E8FTW OF
NE CORNER OF TR C W PARR TO N/L 79.37FT ELY79.38FT NO 85FT TO POB BLK 148
LOT SIZE 50.850 X 92 OR 13492-0023 1187 1
08-2121-007-2670
21 52 41 PB 31-14 OPA LOCKA PLAT NO 3 TRACT C LESS N150FT & LESS E8FT FOR
RD & LESS BEG 150FTS & 8FTW OF NE COR TR C W PARR TO N/L 79.38FT NO 85FT TO
POB BLK 148 LOT SIZE 42.490 X 88 COC 24727-3420 05 2005 1
• The proposed project consists of the assemblage of eight parcels, listed above, from four
different owners and includes all of the alleys that are between those properties for the
development of approximately an 80,000 square foot site. The applicant intends to place a
triple net lease user or users on this location and the applicant has enlisted the NAI Miami, a
member of the NAI Global Network to assist with the leasing of retail space. NAI has been
notified of interest from franchisees for Kentucky Fried Chicken, Popeyes Fried Chicken,
Checkers, Tire Kingdom and Dunkin Donuts.
• The three properties owned by Carlos Fernandez are located at the South and East sections of
this site and are identified by folios, 08-2121-007-2680, 08-2121-007-2690 and 0-2121-007-
2630. According to the Purchase Agreement TNJ Realty will close on this property at the end of
April 2019.
• Two parcels are owned by Shaid Sheikh and Rafia Sheikh are located on the North and North
West sections of this site and are identified by folios 08-2121-007-2650 and 08-2121-013-2020.
According to the Purchase Agreement TNJ Realty will close on this property at the end of April
2019.
• According to the applicant, one of the properties is a single family home owned by Millicient
Howell and identified by folio 08-2121-013-2010 and this site is located at the Southwest corner
of this site. TNJ Realty will close on this property at the end of April 2019.
• The final two parcels are owned by New Beginnings of South Florida, Inc. and are identified by
folios 08-2121-007-2660 and 08-2121-007-2670. This entity filed bankruptcy in 2016. The
bankruptcy has been dismissed and TNJ is currently in contract with New Beginnings to purchase
these properties. TNJ will close on these properties in mid -August.
•
The development of this site, according to the site plan, will include the demolition of the
buildings on six of the eight parcels of the site and the inclusion of the alleys if the City approves
the alley vacation. The alleys within this development site is estimated to be approximately
8,940 square feet. The request for alleyway vacation was presented to the Planning &Zoning
Resolution-TNJ Realty, LLC —Development Agreement 7-22-19
Board on June 4, 2019 as part of the redevelopment of this site along with the site plan and the
development agreement. The requirements of Ordinance 14-02, which provides a process for
vacating streets and alleys, must be completed before the approval of the site plan and
development agreement as the vacated alleys would become part of the buildable area of the
project as shown on the site plan.
According to the site plan this new development would provide two retail spaces of 3,500 square feet and 4,485
square feet respectively and two restaurants of 2,237 square feet and 2,965 square feet respectively. The retail
uses would occupy the perimeter of the site with the parking and circulation being on the interior of the site.
According to the site plan, all of the City zoning requirements would be in compliance, specifically for setbacks,
building heights, parking and landscaping requirements.
Staff has recommended approval of this Request.
Attachment:
P&Z Application Package
P&Z Staff Report
P & Z Board Meeting Minutes 6-4-19
DRAFT Resolution-
Resolution-TNJ Realty, LLC —Development Agreement 7-22-19
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Page Z of S
" THE GREAT CITY
Received:
By:
Date:
PLANNING & ZONING BOARD APPLICATION
APPLICATION NUMBER l D.10 C;i' CHECK NUMBER: to DATE RECEIVED: 0 5 T;.1. 6.- /5
PROPERTY OWNER'S NAME: TiOr Rf
4:01—
PROPERTY OWNER' 7 S ADDRESS. � „5'cJ � �! � �''�`� ����.il,/i#P'� ,pd ��� ��
4 Number/Street City State/Zip e
APPLICANT'S NAME: ✓ oil4fe
APPLICANT'S ADDRESS:
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 5of 4 9 7— 846 HOB OTHER
SUBJECT PROPERTY ADDRESS: —5-24X4.4L-0 geacfEIS
Number/Street
TAX FOLIO NUMBER: PRESENT ZONING: t!- 2- tkii,'egt0 Lig 01,444r
LEGAL DESCRIPTION:
Please check specific request;
_Tentative Plat
_Final Plat
Comprehensive Plan Amendment: small scale; Large Scale (please specify type of amendment below)
Rezoning
Drainage Plan
Fill Permit Request
�1Dreliminary Site Plan Review
final Site Plan Review
Conditional Use Permit —No Plans
Conditional Use Permit — With Plans
`Special Exception — No Plans
_Special. Exception — With Plans
Development Agreement
Restrictive Covenant
)ther — Please specify:
Add any additional information that may be of importance to this request:
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
r
Page 1. of 5
" THE GREAT CITY "
611,ct
PA -VA DIA
Received:
By:
Date:
PLANNING & ZONING BOARD MEETING SCIUDULE AND REQUIREMENTS
FY 2018-2019
TOTAL FEES: S +�+ New Fees as of October 1, 2015
FY 2018-2019 Meeting Dates Date Application Found Sufficient
1st Tuesday of Each Month}
October 2, 2018
November 6, 2018
December 4, 2018
January 8, 2019
February 5, 2019
March 5, 2019
April 2, 2019
May 7, 2019
June 4, 2019
July 9, 2019
August 6, 2019
September 10, 2019
August 19, 2018
September 23, 2018
October 21, 2018
November 25, 2018
December 23, 2018
January 20, 2019
February 17, 2019
March 24, 2019
April 21, 2019
May 26, 2019
June 23, 2019
July 28, 2019
1. All individuals seeking to appear before the Planning & Zoning Board must submit a complete Planning
& Zoning Board application, with the required documents and fees totaling (as established by
ordinance),, paid by check or money order to the City of Opa-locks. Failure to submit all documents and
fees will result in your case not being scheduled to be heard at a meeting.
2. If the applicant seeking to appear before the Planning & Zoning Board is not the properly owner he must
provide an affidavit of authorization from the property owner.
3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City
Commission Chambers, Meeting Time. 7:00 P.M. (time and location are subject to change, please check with the
Planning and Community Development Department for exact time and location of the meetings).
4. Application package must include all required documents per checklist and fees of The City of Opa-
locka. The application will be reviewed by the Department and will be. scheduled for the neat P&Z
meting upon finding of sufficiency.
5. You are required to complete and return this application along with all the information and
documentation (see page 2 check list) requested to the:
City of Opa-locks
planning & Community Development Department
780 Fishermen Street 4m floor
Opa-locka, FL 33054
Telephone: 305-953-2868, Ext. 1503
Facsimile: 305-953-3060
Reference to Ordinance 15- l 3
Land Development Regulations/ Zoning Cade: Ordinance 15-31
Page 3of5
PLANNING & ZONING BOARD APPLICATION
(Checklist)
Received:
By:
Date:
Applications will not be accepted without the following data. For a public hearing, all items below are necessary
and must be submitted.
''‘''''Completed application form
Application fee payable to the City of Opa-locks by check or money order
Copy of property owner's and/or applicant's driver license/photo I.D.
davit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized)
F' A completed Neighborhood Petition form (attached) with the signature of each property owner in front, in the
rear, to the left and to the right of the subject property, indicating his or her support for the proposed project.
(Must include name, address, folio and phone number).
yr•''"2Cll preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in Cad and
PDF format.
1/Fifteen (15) certified bormdary and topographic surveys of the property (size 36 x 24 inches). (The submitted property
survey must not exceed a maxdnmxm of two (2) years from date treated in order to be considered acceptable by the City of opa-iocka)
Fiiieen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and
parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies
Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said •
parcel. Map to be l" = 1 f)a" scale. Owner's name, address, folio number and legal description on each parcel
(Original and 2 copies size of document to accommodate scale)
Narrative concept must be submitted with application
I, w !It'Mt ---- being first duly sworn, depose and say that I am the OWNER of the property ,and I
t • is application must be complete and accurate before a public hearing can be advertised.
AFFIDAVIT
1
D
Sworn to and subscribed before me:.
day of Azi,„�.,�i l
'This X.1.,
yr
% to&NE. !We:,
Notary Public � :. ,t s, .N.!i
Attach copy of identifi�toi3
s
•
,.,
. i e'er • .o
I" 182.6gfiti ��y •�
S*_ '. 4d1q bit ` t
Reference to Ordinance 1514_ • • • •. ` Cic��`��`
Land Development Regulatu�l � i.,... , -il; i awe 15_31
I14i11
My commission expires
Page 4 of 5
PLANNING & ZONING BOARD APPLICATION
POWER OF ATTORNEY
Received:
By:
Date:
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons beard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted.
To: City of Opa-locks
From:
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
V. C1 , being first duly sworn, depose and say that I am -the owner
of the property legally described as:
I do give to
behalf in reference to the above descn
authorize -
A.dni
1.:Pd pr,perty. Further, by affixing my notarized signature to this document, I also
to negotiate and commit to the City Commission and City
ons of the City Commission and City Administration
eA.rk pae the power of Attorney and authority to speak in my
Sv.prn to and subscribed before me:
This day of
it y
Notary Public
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-3 1
Page 4 of 5
PLUG & ZONING BOARD APPLICATION
POWER OF ATTORNEY
Received:
By:
Date:
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attorney is submitted.
To:
From:
City of Opa- Iocka
Shahid Sheikh
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
I Shahid Sheikh
, being rubE duly sworn, depose and say that I am the owner
of the property legally described as:
I do • give to TNr REALTY INC the power of Attorney and authority to speak in my behalf
in refeTence to the above described property. Further, by affixing my notarized signature to this document, I also
mrthorize TRY REALTY INC to negotiate and commit to the City Commission and City
Administration in my behalf I will abide by all final determinations of the City Commission and City Administration.
R
Signature
— f - (q.
Date
Sworn to and subscribed before me:
This t `-3 y � ' day of _.\ 0‘.11V oax--
..3
Notary Pup&
f
Reference to Ordinance 15-13
Land Development Regulations/ Zoning Code: Ordinance 15-31
q 11Z
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Summary Report
Property Information
Folio:
08-2121-013-2020
Property Address:
Owner
SHAHID M SHEIKH &W RAMA
Mailing Address
1350 E SUPERIOR ST
OPA LOCKA, FL 33054-3916
PA primary Zone
6600 COMMERCIAL - UBERAL
Primary Land Use
1081 VACANT LAND -
COMMERCIAL : VACANT LAND
Beds t Baths I Hall
0/ 0/ 0
Floors
0
Living Units
0
Actual Area
0 Sq.Ft
Living Area
�0
0 Sq.Ft
Adjusted Area
Sq.Ft
Lot Size
8,144 Sq.Ft
Year Built
0
Assessment Information
Year
2018
2017
2016
Land Value
$89,584
$89,584
$89,584
Building Value
$0
$0
$0
XF Value
$0
$0
$0
Market Value
$89,584
$89,584
$89,584
Assessed Value
$83,46'2
$75,875
$68,978
Benefits Information
Benefit
Type
2018
2017
2016
Non -Homestead
Cap
Assessment
Reduction
$6,122
$13,709
$20,606
Note: Not all benefits are applicable to all Taxable Values (i.e. County,
School Board, City, Regional).
Short Legal Description
21 52 41
OPA LOCKA PLAT NO 3 REV PS 70-98
LOT 2 BLK 148
LOT SIZE IRREGULAR
OR 16472-4561 0894 2 (2)
,La `� �"Rm
gh f 3 fg a .41 4 ,e ��•t IA
poi �i ! atl l ^►.� 1; fi
d jl iw 3-45}'}� "��;
r . I' m ' o mar
Generated On : 1/11/2019
Taxable Value information
2018
20171
2016
County
Exemption Value
$0
$0
$0
Taxable Value
$83,462
$75,875
$68,978
School Board
Exemption Value
$0
$0
$0
Taxable Value
$89,5134
$89,584
$89,584
City
Exemption Value
$0
$0
$0
Taxable Value
$83,462
$75,875
$68,978
Regional
Exemption Value
$0
$0
$0
Taxable Value
$83,462
$75,875
$68,978
Sales Information
Previous
Sale
Price
OR Book-
Page
qualification Description
08/01/1994
$175,000
164s j
Deeds that include more than one parcel
08/01/1982
$127,500
104�8
Deeds that include more than one parcel
07/0111977
$1
09758-
0918
Sales which are disqualified as a result
of examination of the deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The [property Appraiser
and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govlinfio/disclaimer.asp
Version:
Summary Report
,
Property Information
Folio:
08-2121-007-2650
Property Address:
1340 E SUPERIOR ST
Opa-locka, FL 33054-3916
Owner
SHAHID M SHEIKH &W RAFIA
Mailing Address
1340 E SUPERIOR ST
OPA LOCKA, FL 33054.-3916
PA Primary Zone
6600 COMMERCIAL - LIBERAL
Primary Land Use
1111 STORE : RETAIL OUTLET
Beds / Baths ! Half
0/5 / 1
Floors
1
Living Units
0
Actual Area
Sq_Ft
Living Area
Sq.Ft -
Adjusted Area
3,987 Sq.Ft
Lot Size
9,200 Sq.Ft
Year Built
1960
Assessment Information
Year
2018
2017
2016
Land Value
$101,200
$101,200
$101,200
Building Value
$151,566
$151,641
$144,492
XF Value
$9,158'
$9,203
$9,248
Market Value
$261,924
$262,044
$254,940
Assessed Value
$261,924
$262,044
$241,939
Benefits Information
Benefit
Type
2018
2017
2016
Non -Homestead Cap
Assessment Reduction
$13,001
Note: Not all benefits are applicable to all Taxable Values (i.e. County,
School Board, City, Regional).
Short Legal Description
21 52 41 .23 AC
OPA LOCKA PLAT NO 3 PB 31-14
N100FT OF TR C & LESS E8FT FOR RD
BLK 148
LOT SIZE IRREGULAR
1 F W
'' y C 1t
'tr
AEU N
Generated On : 1/limn
Taxable Value Information
1
20181
2017
2016
County
Exemption Value
$0
$0
$0
Taxable Value
$261,924
$262,044
$241,939
School Board
Exemption Value
$0
$0
$0
Taxable Value
$261,924
$262,044
$254,940
City
Exemption Value
$0
$0
$0
Taxable Value
$261,924
$262,044
$241,939
Regional
Exemption Value
$0
$0
$0
Taxable Value
$261,924
$262,044
$241,939
Sales Information ,
Previous
Sale
Price
OR Book-
Page
Qualification Description
08101/1994
$175,000
16472-
4561
Deeds that include more than one parcel
08/01/1982
$127,500
1Q446
Deeds that include more than one parcel
07/01/1977
$1
09758-
0917
Sales which are disqualified as a result
of examination of the deed
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser
and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/infoldisclaimer.asp
Version:
,04,
S
"AS IS" Residential Contract For Sale And Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
F1orideRealt0rs=
1• PARTIES: MILLICENT A.HOKELL ("feller),
2.. and TN1 REALTY L.I.C. "Buyer"),
3 agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property
4 (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and
5 any riders and addenda ("Contract"):
e 1. PROPERTY DESCRIPTION:
7• (a) Street address, city, zip: 1201 Oaa Locke Blvd, Ova Locke. FL 33054.3961
r (b) Property is located in: Miami -Dade County, Florida. Real Property Tax ID No.: _0$12191-n'is4nja
5• (c) Real Property: The legal description is
10 LOT 1 BLOCK 148 OPA LOCKA PLAT NO 3 REV PB 70-98
11
12 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached
13 wall-to-wall carpeting and flooring ("Real Property') unless specifically excluded in Paragraph 1(e) or by other terns
14 of this Contract.
is (d) Personal Property: Unless exduded in Paragraph 1(e) or by other terms of this Contract, the following Items which
16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase
17 range(s)f(oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fr xture(s), drapery rods and
re draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access
19 devices, and storm shutters/panels ("Personal Property").
20• Other items included in this purchase are: NIA
21
22 Personal Property is included in the Purchase Price, has no contributory value, and shall be. left for the Buyer.
23• (e) The following items are excluded from the purchase: NIA
24
25 PURCHASE PRICE AND CLOSING
2r 2. • PURCHASE PRICE (U.S. currency): $ 250.000.00
27• (a) initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) $ 4.000.00
28 The initial deposit made payable and delivered to "Escrow Agent", named below
29• (CHECK ONE): (I) 0 accompanies offer or (ii) ® is to be made within 3 (if left blank,
3o then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii)
31 SHALL BE DEEMED SELECTED
32' Escrow Agent Information: Name: THE BARRISTER FIRM
33' Address P0_30X 694011,,P AMI. EL 33269
34• Phone: 305-407-1180 E-mail: cbenlaminethebarpsterfirm com Fax: 786-46-4606
35' (b) Additional deposit to be delivered to Escrow Agent within 15 Days (if left blank, then 10)
36' days after Effective Date.....,...................................................... ... ..... $ 4000.00
37 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit")
39• (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 ......
39' (d) other: $
40 (e) Balance to dose (not Including Buyer's dosing costs. prepaids and prorations) by wire
41. transfer or COLLECTED funds........ ..... ................................ ............................ $_242.000.00
42 NOTE: For the definition of "COLLECTION" OR "COLLECTED" see STANDRD S.
43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
44• (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before
45• Fdmsary 15, 3019 , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to
46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the
47 counter-offer is delivered.
4e. (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed
49 and delivered this offer or final counter-offer ("Effective Hate").
so 4. CLOSING DATE: Unless modified by other provisions of this Contract, the dosing of this transaction shall occur and
51 the dosing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing")
52. on urban= Arai{ 4, 2019 ("Closing Date"), at the time established by the Closing Agent.
53 5. EXTENSION OF CLOSING DATE:
54 (a) if Closing funds from Buyers lender(s) are not available al time of Closing due to Truth In Lending Act (TILA) notice
55 requirements, Ctos" g shall be extended for such period necessary to satisfy TILA notice requirements, not to s1
ss exceed 7 d ) 1/
> , ,
Buyer's Initials_ Page 1 of 11 Seller's Initials
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FlonaaRealtarslFlurfdaBarrASIS- 2 Rev.8113 m 2013 Florida Rea#orse and The Florida Ber. All rights reserved
1
sr (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (1)
se disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance,
59 to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after
eo restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, Flood or
61 Homeowners' insurance. if restoration of such utilities or services and availability of insurance has not occurred
sr within 14 (if left blank, then 14) days after Closing Date, than either party may terminate this Contract by
ss delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and
64 Seiler from all further obligations under this Contract.
es fi. OCCUPANCY AND POSSESSION:
se (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the
e7 Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing. Seller shall have removed ail
sa personal Items and trash from the Property and shall deliver ail keys, garage door openers, access devices and
ss codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes ail risks of loss to the
70 Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be
71 deemed to have accepted the Property in its existing condition as of time of taking occupancy.
re (b) ❑ CHECK IF PROPERTY IS SUBJECT TO LEASE(5) OR OCCUPANCY AFTER CLOSING: if Property is
73 subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts
74 and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be
75 delivered to Buyer, all within 5 days after Effective Date. if Buyer determines, in Buyer's sole discretion, that the
76 lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of
77 written notice of such election to Seller within 5 days after receipt of the above items from Seller, and Buyer shall be
79 refunded the Deposit thereby releasing Buyer and Seller from aft further obligations under this Contract. Estoppel
79 Letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied
90 by Seller after Closing, See Rider U. POST -CLOSING OCCUPANCY BY SELLER.
a1. 7. ASSIGNABILITY: (CHECK ONE): Buyer ❑ may assign and thereby be released from any further liability under this
er Contract ❑ may assign but not he released from iiadiity under this Contract; or ® may not assign this Contract
93 FINANCINGS
84 B. FINANCING:
as. El (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to
as Buyer's obligation to dose.
87' ❑ (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a ❑ conventional ❑ FHA ❑ VA
sr or ❑ other (describe) loan on the following terms within (if left blank, than 30) days after
as- Effective Date -'Loan Commitment Date") for (CHECK ONE): ❑ fixed, ❑ adjustable, ❑ fixed or adjustable rate loan in
so• the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed % (if left blank, then prevailing
91• rate based upon Buyer's creditworthiness), and for a term of (if left blank, then 30) years ("Financing").
82• Buyer shall make mortgage loan application for the Financing within , riff left blank, then 5) days after Effective
e3 Date and use good faith and diligent effort to obtain a written loan commitment for the Financing ("Loan Commitment")
94 and thereafter to dose this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage
ss loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such
ss status and progress to Seller and Broker.
97
sa Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not
99 receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the
too earlier of:
1o, i. Buyers delivery of written notice to Seiler that Buyer has either received Loan Commitment or elected to
102 waive the financing contingency of this Contract; or
103 ii. 7 days prior to. Closing Date
104 If either party timely cancels this Contract pursuant to this Paragraph S and Buyer is not In default under the terms of
105 this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under
106 this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing
107 contingency shall he deemed waived by Buyer.
1os If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract docs not thereafter close, the
109 Deposit shall he paid to Seller unless failure to close is due to: (1) Seller's default; (2) Properly related conditions of the
110 Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3)
111 appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Commitment; or (4) the
112 loan Is not fu d ue to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer,
113 thereby r e s uyer and Seller from all further oblgations under this Contract W Buyer's initials Page 2 0# 11 Settees Initials
iri
FloddaReartors/FlodeaBar SIB- 2 Rev.8J13 ® 2013 Florida Realtors® and The Florida Bar. All rights reserved
114• ❑ (c) Assumption of existing mortgage (see rider for terms).
115• O (d) Purchase money note and mortgage to Seiler (see riders; addenda; or special clauses for terms).
116 CLOSING COSTS, FEES AND CHARGES
117 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
118 (a) COSTS TO BE PAID BY SELLER:
11s • Documentary stamp taxes and surtax on deed, If any • HOP/Condominium Association estoppel fees
120 • Owner's Policy and charges (if Paragraph 9(c)(1) is checked) • Recording and other fees needed to cure title
121 • Tide search charges Of Paragraph 9(c)011) is checked) • Seller's attorneys' fees
122' • Other.
123 lf, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a
124 sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If
125 actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual
126 costs. Any unused portion of escrowed amount(s) shall be returned to Seller.
127 (b) COSTS TO BE PAID BY BUYER:
128 • Taxes and recording fees on notes and mortgages • Loan Expenses
129 • Recording fees for deed and financing statements • Appraisal Fees
130 •Owner's Policy and Charges (if Paragraph 9(c)(ii) Is checked) • Buyer's Inspections
131 • Survey (and elevation certification, if required) • Buyer's attorneys' fees
132 • Lender's title pokey and endorsements • All property related insurance
133 • HOA1'Condaminium Association applicationftransfer fees • Owners Policy Premium (if Paragraph
134 9 (c) (iii) is checked.)
135' • Other.
or (c) TITLE EVIDENCE AND INSURANCE: At least 5 (if left blank, then 5) days prior to Closing Date, a title
137 Insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as
138 exceptions attached thereto ("Title Commitment") and, after Closing; an owner's policy of title insurance (see
139 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance
140 covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date.
141 The owner's title policy premium, title search, municipal lien search and closing services (collectively, "Owner's
142 Policy and Charges") shalt he paid, as set forth below
143 (CHECK ONE):
144• ❑ (1) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for
145 dosing services related to Buyer's lender's policy and endorsements and loan dosing, which amounts shall be paid
146 by Buyer to Closing Agent or such other provider(s) as Buyer may select); or
147' ❑ OD Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for dosing
148 services related to Buyer's lender's policy, endorsements, and loan closing; or
149• ® (ri1) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of
150 title insurance or other evidence of title and pay fees for. (A) a continuation or update of such title evidence, which
151 is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien
152 search. Buyer shall obtain and pay for post -Closing continuation and premium for Buyer's owners policy, and If
153' applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ 250.00 Cif left blank,
154 then $200.00) for abstract continuation or title search ordered or performed by Closing Agent
1ss (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property sunteyed and
156 certified by a registered Florida surveyor ("Survey"). If Seiler has a survey covering the Real Property, a copy shall
157 be furnished to Buyer and Closing Agent within 5 days after Effective Date
1sa• (e) HOME WARRANTY: At Closing, El Buyer ❑ Seller IN Nth shall pay for a home warranty plan issued by
159' at a cost not to exceed $ . A home
160 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built in
1e1 appliances in the event of breakdown due to normal wear and tear during the agreements warranty period.
162 CO SPECIAL ASSESSMENTS: At Closing, Seller shad pay: (0 the full amount of liens imposed by a public body
163 ("pubfic body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and
164 ratified before Closing; and (11) the amount of the public body's most recent estimate or assessment for an
165 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed
in on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in
167 installments (CHECK ONE):
168
169
❑ (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing.
installments prepaid or due for the year of Closing shall be prorated.
176' ® (b) Seller shad pay the assessment(s) in full prior to or at the time of Closing:
171 IF NEITHE OX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED...
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172 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (COD)
in pursuant to Chapter 190. F.S., which lien shall he prorated pursuant to STANDARD K.
174
175 10. DISCLOSURES:
vs (a) RADON GAS: Radon Is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient
177 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
17e and state guidel'mes have been found in buildings in Florida. Additional information regarding radon and radon
in testing may be obtained from your county health department.
in (b) PERMITS DISCLOSURE:- Except as may have been disclosed by Seller to Buyer in a written disclosure, Seiler
1e1 does not know of any improvements made to the Property which were made without required permits or made
1e2 pursuant to permits which have not been properly closed.
tea (C) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concemed or
1a4 desires additional information regarding mold, Buyer should contact an appropriate professional
1es (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone
186 the -Property is in, whether flood insurance is required by Buy+ees lender, and what restrictions apply to improving
187 the Property and rebuilding In the event of casualty. If Property is in a "Special Flood Hazard Area" or "Coastal
lea Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service
1ss under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and for flood insurance
190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood
191- Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within (if ieft
192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and
193 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buikiings and
194 flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert-
1$5 Waters 2012) may phase in actuarial rating of pre -Flood Insurance Rate Map (pre -FIRMA) non -primary structures
196 (residential structures in which the insured or spouse does not reside for atleast 80% of the year) and an elevation
1s7 certificate may be required for actuarial rating.
196 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy -Efficiency Rating Information Brochure
199 required by Section 653.998, F.S. .
200 (f) LEAD -BASED PAINT: If Property includes pre-1978 residential housing, a lead -based paint disclosure is
201 mandatory. •
202 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS
203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY
204 DISCLOSURE, IF APPLICABLE.
205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
208 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBILIGATED TO
207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY
20a IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER
209 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY
210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. ,
211 0) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the
212 Foreign Investment in Real Property Tax Act ("FIRPTA"), Buyer and Seller shall comply with FIRPTA, which may
213 require Seller to provide additional cash at Closing. If Seller is not a "foreign person", Seiler can provide Buyer, at or
214 prior to Closing, a certification of non4oreign status, under penalties of penury, to inform Buyer and Closing Agent
215 that no withholding is required. See STANDARD V for further Information pertaining to FIRPTA. Buyer and Seiler
216 are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and
217 withholding requirements pursuant to FIRPTA.
218 U) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not
219 readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence,
no Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to
221 the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no
222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building,
223 environmental, or safety code violation.
224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
22s 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property,
226 including, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS
227 Maintenance Requirement").
Buyer's Initials
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DISCLOSURES
228 12. PROPERTY INSPECTION; RIGHT TO CANCEL:
22s• (a) PROPERTY INSPECTION AND RIGHT TO CANCEL: Buyer shall have (if left blank. than IS) days
230 after Effective Date rinspecdon Periods) within which to have such inspections of the Property performed
231 as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole discretion, that the
232 ' Property Is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such
232 election to Seller prior to expiration of inspection Period. If Buyer timely terminates this Contract, the
233 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further
234 obligations under thls Contract; however, Buyer shall be responsible for prompt payment for such
235 inspections, for repair of damage to, and restoration of, the Property resulting from such Inspections, and
237 shall provide Seller with paid receipts for all work done on the Property (the preceding provision shalt
238 survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer
239 accepts the physical condition of the Property and any violation of governmental, building, environmental,
240 and safety codes, restrictions, or requirements, but subject to Seller's continuing AS 1S Maintenance
241 Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's
242 lender.
243 (b) WALK-THROUGH INSPECTiON/RE4NSPECTION: On the day prior to Closing Date, or on Closing Date prior to
244 time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up
2445 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the
248 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement
247 and has met all other contractual obligations
248 (C) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of
24s the Property identifies open or needed building permits, than Seller shall promptly deliver to Buyer all plans, written
250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the
261 Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with
252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's
263 obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents
254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling
255 such obligation, Seller shall not he required to expend, or become obligated to expend, any money,
2se (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyers option and cost,
257 Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer.
258
2ss 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent') receiving the Deposit, other funds and
26o other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the
261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract.
2E2 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the
263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions
284 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agents duties or liabilities under this
265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its
266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or
267 Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
268 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such
269 action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
27o delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as.
271 amended and FREC miles to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow
272 disbursement order.
273 Any proceeding between Buyer and Seiler wherein Agent is made a party because of acting as Agent hereunder, or in
274 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's
275 fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he
276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful
277 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this
27a Contract.
vs 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verily Property condition. square
no footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals
281 for legal, tax, environmental, and other specialized advice concerning matters affecting the Properly and the transaction
282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all
283 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER
284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES
286 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT
gas PROPERTY
Buyer's Initials
ESCROW AGENT AND BROKER
E AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER.
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237 Buyer and Seller (individually, the "indemnifying Party") each individually indemnifies, holds harmless, and releases
288 Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs
289 and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers,
290 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by
291 Buyer or Seller based on: (i) inaccuracy of information provided by the indemnifying Party or from public records; (ii)
292 Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at
293 Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended,
294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv)
295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by
296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective
297 vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will
298 not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14,
299 Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract.
DEFAULT AND DIBPUTE RESOLUTION
300
301 16. DEFAULT:
302 (a) BUYER DEFAULT: if Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including
3a3 payment of the Deposit within the time(s) sped ed, Seiler may elect to recover and retain the Deposit for the
304 account of Seiler as agreed upon liquidated damages, consideration for execution of this Contract, and in full
305 settlement of any Bairns, whereupon Buyer and Seller shall be relieved from all further obligations under this
306 Contract, or Seller, at Sellers option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights
307 under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split
308 equally between listing Broker and Cooperating Broker, provided however, Cooperating Broker's share shall not be
309 greater than the commission amount. Listing Broker had agreed to pay to Cooperating Broker.
310 (b) SELLER DEFAULT; if for any reason other than failure of Seller to make Seller's title marketable after reasonable
311 diligent effort, Seller fags, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to
312 receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Sellers breach,
313 and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance_
314 This Paragraph 15 shall survive Closing or termination of this Contract
316 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and Seiler
316 arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will he settled as
317 follows:
318 (a) Buyer and Seiler will have 10 days after the date conflicting demands for the Deposit are made to attempt to
319 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph
320 16(b).
321 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida
322 Rules for Certified and Court -Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). The
323 mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought
324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be
325 resolved by insfituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall
326 survive Closing or termination of this Contract.
327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by
328 this Contract, and each party wM pay their own costs, expenses and fees, including attorney's fees, incurred in
329 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover
330 from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation.
331 This Paragraph 17 shall survive Closing or termination of this Contract.
332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS")
333 18. STANDARDS:
334 A. TITLE:
335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph
336 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and
337 delivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closing
338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the
339 Purchase Price, shall he issued to Buyer insuring Buyer`s marketable title to the Real Property, subject only to the
340 following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and
341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise
342 common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted
343 public utility easetinents of record (located contiguous to real property lines and not more than 10 feet in width as to rear
344 or front lines,' e
ar)c 112 feet in width as to side lines); (e) faxes for year of Closing and subsequent years; and
(f)
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STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
345 assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); provided, that,
346 none prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of terms Identified
347 in (b) — (f) above, then the same shall be deemed a title defect. Marketable title shall be determined according to
348 applicable Title Standards adopted by authority of The Florida Bar and in accordance with law.
349 00 TITLE EXAMINATION: Buyer shall have 5 days after receipt of Tide Commitment to examine it and notify Seiler in
338 writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered
351 to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to
352 examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer's
353 notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to
354 have accepted title as it then is. If Seller cures defects within Cure Period, Seller wlq deliver written notice to Buyer (with
355 proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contact on Closing Date (or If
385 Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice), If Seller is unable to cure defects
357 within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a)
36e extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use
359 reasonable diligent effort to remove or cure the defects ("Extended Cure Period"); or (b) electing to accept title with
38o existing defects and close this Contract on Closing Date (or If Closing Date has passed, within the earlier of 10 days
361 after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and
382 receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. ff
363 after reasonable diligent effort, Seiler is unable to timely cure defects, and Buyer does not waive the defects, this
354 Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all
365 further obligations under this Contract.
366 B. SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach
367 on setback lines, easements, or lands of others, or violate any restrictions, covenants, applicable governmental
368 regulations described in STANDARD A (I)(a), (b) or (d) above, Buyer shall deliver written notice of such matters,
369 together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer
370 timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title
371 defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's
372 request, execute an affidavit of "no change' to the Real Property since the preparation of such prior survey, to the
373 extent the affirmations therein are true and correct
374 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the
375 Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access.
378 D. LEASE INFORMATION: Seller shall. at least 10 days prior to Closing, furnish to Buyer estoppel letters from
377 tenant(s)loccupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits
378 paid by tenant(s) or occupant(s) ("Estoppel Leffer(s)'), if Seller is unable to obtain such Estoppel I_etter(s), the same
379 information shall be furnished by Seller to Buyer within that time period in the form of a Seller`s affidavit, and Buyer may
380 thereafter contact tenant(s) or occupants) to confirm such information. if Estoppel Letter(s) or Sellers affidavit, if any,
397 differ materially from Sellers representations and lease(s) provided pursuant to Paragraph 6, or if tenant(s)loccupant(s),
3e2 fall or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such
3e3 information, but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit,
Sea thereby releasing Buyer and Seiler from all further obligations under this Contract Seller shall, at Closing, deliver and
365 assign at! leases to Buyer who shall assume Seller's obligations thereunder. •
388 E. LIENS: Seiler shall furnish to Buyer at Closing an affidavit attesting (I) to the absence of any financing statement,
387 claims of lien or potential tenors known to Seller, and (ii) that there have been no improvements or repairs to the Real
Sea Property for 90 days immediately preceding Closing Data. If the Real Properly has been Improved or repaired within
389 that time, Seiler shall deliver releases or waivers of construction liens executed by all general contractors,
390 subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of ail such general
391 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs
392 which could serve as a basis for construction lien or a cairn for damages have been paid or will be paid at Closing.
393 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence In this Contract
394 Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates
395 specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a
396 Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5.00 p.m. (where the Property is
397 located) of the next business day.
399 G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable
3se to each other for damages so long as performance or non-performance of the obligation is delayed, caused or
no prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual
401 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer
4a2 or Seller, and which, by: exercise of -reasonable diligent effort, the non-perfomting party is unable in whole or in part to
403 prevent or overcome. All time periods, including Closing Date, will he extended for the period that the Force Majeure
404 prevents,, a under this contract, provided, however, if such Force Majeure continues to preve t p- ormance
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STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED
405 under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering
406 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all
407 further obligations under this Contract.
406 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal
409 representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in
410 STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by absoiute
411 bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract.
412 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE:
413 (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attorney or
414 other closing agent ("Closing Agent') designated by the party paying for the owner's policy of tide insurance, or, if no
415 title Insurance, designated by Seiler. Closing may be conducted by mail or electronic means.
416 (ii) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, bill of sale,
417 cert'ificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's
ale possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all work
419 done oh the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood
420 elevation certification, and documents required by Buyer's lender.
471 (lit) PROCEDURE: The deed shall be recorded upon COLLECTION of all dosing funds. If the Tide Commitment
422 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow dosing
423 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing
424 funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller.
425 J. ESCROW CLOSING PROCEDURE: If Tide Commitment Issued pursuant to Paragraph 9(c) does not provide for
426 insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and
Orr closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period of not
an more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall,
429 within the 10 day period, notify Seiler in writing of the defect and Seller shall have 30 days from date of receipt of such
430 notification to cure the defect; (3) if Seller falls to timely cure the defect, the Deposit and all Closing funds paid by Buyer
431 shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment.
432 Buyer shall return the Personal Property, vacate the Real Property and re -convey the Property to Seger by special
433 warranty deed and bill of sale; and (4) If Buyer fails to make timely demand for refund of the Deposit, Buyer shall take
434 title as is, waiving all rights against Seger as to any intervening defect except as may he evadable to Buyer by virtue of
435 warranties contained in the deed or bill of sale.
436 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the
437 day prior to Closing Date, or date of occupancy ff occupancy occurs before Closing Date: real estate taxes ('including
438 special benefit tax assessments imposed by a CDD), interest, bonds, association fees. insurance, rents and other
439 expenses of Property. Buyer shag have option of taking over existing policies of insurance, if assumable, in which event
440 premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be
441 made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow
442 deposits held by Seger's mortgagee wig be paid to Seller. Taxes shall be prorated based on current year's tax with due
443 allowance made for maximum Towable discount, homestead and other exemptions. If Closing occurs on a date when
4 u current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such
445 assessment and prior years mdlage, if current year's assessment is not available, then taxes will he prorated on prior
448 year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which
447 improvements were not in existence on January 1st of prior year, than taxes shall be prorated based upon prior year's
448 millage and at an equitable assessment to be agreed upon between the parties, fading which, request shall be made to
449 the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration
450 based on an estimate shall,. at either party's request, be readjusted upon receipt of current years tax bill. This
451 STANDARD K shag survive Closing.
452 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall,
453 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a walk
454 through (or follow-up walk-through it necessary) prior to Closing.
455 M. RiSK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by firm or other casualty
ass ("Casualty Loss") and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not
457 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shag proceed pursuant
455 to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to
459 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration
4e0 exceeds escrowed amount, Seller shad pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any
461 unused portion of escrowed amount shall be returned to Seger. If Cost of restoration exceeds 1.5% of Purchase Price,
462 Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby
463 releasing Buyer and Seiler from all further obligations under this Contract. Seller's sole obligation with respect to tree
4e4 damage b «- = or other natural occurrence shall be cost of pruning or removal.
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