CONTRACT FOR SALE AND PURCHASE

Transcription

1 CONTRACT FOR SALE AND PURCHASE CONTRACT NO.: BCC APPROVED: THIS CONTRACT FOR SALE AND PURCHASE, ( Contract ) is made and entered into by Sarasota County, a political subdivision of the State of Florida ( County ), as Seller, whose address is 1660 Ringling Blvd., Sarasota, FL 34236, and, ( Buyer ) as Buyer, whose address is. For and in consideration of the mutual promises set forth below, the parties hereto agree as follows: 1. PROPERTY. County agrees to sell and Buyer agrees to buy on the terms and conditions hereinafter set forth, that real property located at 800 West Perry Street, Englewood, Florida, more particularly described on Exhibit A, attached hereto and incorporated herein, together with any improvements located thereon, all of which are hereinafter referred to as the Property. 2. PURCHASE PRICE. Purchase price for the Property shall be and No/100 Dollars ($.00) ( Purchase Price ) payable at Closing by cashier s check or wire transfer. 3. EARNEST MONEY DEPOSIT. An earnest money deposit ( Deposit ) in the amount of 10% of the purchase price shall be due and payable to the County, or an Escrow Agent approved by the County, within three days of the Effective Date of this Contract. 4. EFFECTIVE DATE. The Effective Date shall be the date on which the County signs the Contract. 5. BUYER S RIGHT TO INVESTIGATE. Buyer shall have the right to make such legal, factual and other inquiries and investigations as Buyer deems necessary, desirable and appropriate with respect to the Property. Such inquiries and investigations shall be deemed to include, but shall not be limited to, any leases and contracts pertaining to the Property, the physical components of all portions of the Property including but not limited to environmental assessments and soil borings, all improvements, such state of facts as an accurate survey and inspection would show, and zoning ordinances, resolutions and regulations of the city, county and state where the Property is located. Buyer shall have the option to terminate the Contract if in Buyer s sole opinion the results of the investigations and inquiries are not acceptable. Buyer shall notify County within thirty (30) days after the Effective Date hereof of its election to terminate the Contract; otherwise, this condition shall be deemed to have been satisfied. Buyer agrees to notify County promptly of any defects or conditions as set forth in this Contract. 6. SURVEY. Buyer may, at Buyer s expense, have a survey of the Property prepared within thirty (30) days of the Effective Date. If the survey shows encroachments on the Property 1

2 or that improvements located on the Property encroach on setback lines, easements, lands of others or violate any restrictions or regulations affecting the Property, the same shall only constitute a title defect if Buyer notifies County within the time provided for Buyer s investigation as provided in Section 6. Notwithstanding the foregoing, the encroachments shown on the survey attached hereto as Exhibit B shall not be considered title defects. 7. TITLE EVIDENCE. Buyer may, at Buyer s expense, within thirty (30) days after the Effective Date, obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer. If title is found defective in Buyer s discretion, Buyer shall, within the time provided for Buyer s investigation as provided in Section 6, notify County in writing specifying defects. County will have sixty (60) days from receipt of notice within which to remove the defects, failing which Buyer shall have the option of either accepting the title as it then is or terminating this Contract, whereupon Buyer and County shall release one another of all further obligations under the Contract. Notwithstanding the preceding, nothing contained herein shall require the County to file any lawsuits, to otherwise incur any expenditure, or to take any affirmative action to cure title defects. Any title matter that is not timely objected to by Buyer as provided for in this Section 7 shall be deemed to be accepted by Buyer. The Closing date shall be automatically extended by sixty (60) days upon receipt of notice of defects. 8. CLOSING DATE. This transaction shall be closed and the deed and other closing papers delivered on or before 45 days after the Effective Date (the Closing or Contract Closing Date ), unless extended in writing by mutual agreement of the parties or by provision of the Contract, at which time County will deliver possession of the Property to Buyer asis. 9. PLACE OF CLOSING. The Closing shall be held at the Office of the County Attorney, 1660 Ringling Blvd., Second Floor, Sarasota, Florida or at a place designated by County. 10. DOCUMENTS FOR CLOSING. County shall convey the Property to Buyer by County deed. County shall prepare a County deed in accordance with Section , Florida Statutes. Buyer shall furnish the closing statement and any other necessary closing documents. 11. EXPENSES AND COMMISSION. Documentary stamps on the deed and recorded corrective instruments shall be paid by Buyer. Buyer shall pay to record deed. The Purchase Price and consideration being given by the Buyer hereunder constitute the total consideration to be paid to County in connection with the acquisition of the Property. County and Buyer hereby represent to each other that they have not dealt with any licensed Florida real estate broker, agent, salesperson or finder in connection with the purchase and sale of the Property, other than those listed below: Listing Broker - Leslie Brown, PA with Keller Williams Realty Gold and Selling Broker (if any) -. 2

3 The licensee and brokerage named herein, if any, are collectively referred to as Broker. 12. CLOSING AGENT. Buyer shall select the Closing Agent, who shall be approved by County. In addition to the payment of other expenses identified elsewhere in this Agreement, Buyer shall pay all of Closing Agent s customary fees for settlement and Closing, even if charged to County. 13. PROPERTY AS-IS. County does not warrant the condition of the Property. Property is being sold in as is condition as more particularly described on Exhibit C attached hereto and incorporated herein. 14. TIME. Time is of the essence of the Contract. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 15. CONDITIONS OF CLOSING. a. Utilities. All utilities shall be prorated through the date of Closing. b. Liens. County shall furnish to Buyer at time of Closing an affidavit attesting to the absence of any financing statements, claims of lien or liens known to County. Liens for special assessments shall be paid by County prior to the Closing or credited to Buyer as hereinafter provided. The amount of a certified lien shall be discharged by County prior to the Closing, and County shall provide receipts, satisfactions or releases proving such payment. The amount of any pending lien shall be assumed by Buyer with an appropriate credit given to Buyer against the Purchase Price. At such time as the full amount of said lien is determined the difference between the amounts shall be paid to the party that is entitled to the adjustment. 16. PROPERTY TAX DISCLOSURE SUMMARY. BUYER SHOULD NOT RELY ON THE COUNTY S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER S OFFICE FOR INFORMATION. 17. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 18. NOTICES. Any notice given or required to be given in connection with this Contract shall be mailed postage paid or hand delivered to Buyer: 3

4 and to County: Attn: Lin Kurant, Real Estate Services Manager at 1660 Ringling Blvd., Second Floor, Suite 240, Sarasota, Florida and with copies to Attn: Sarah Blackwell, Assistant County Attorney, Office of the County Attorney, 1660 Ringling Blvd., Second Floor, Sarasota, Florida 34236, or such other address as either party may direct in writing. 19. NO ASSIGNMENT. The Contract cannot be assigned without mutual written approval by Buyer and County. 20. DEFAULT. In the event either party refuses, neglects or otherwise fails to carry out any terms of the Contract, the Contract may be terminated by the non-defaulting party, upon at least ten (10) days prior written notice to the defaulting party, and a failure on the part of said party to cure the default. a. Buyer Default. In the event Buyer refuses, neglects or otherwise fails to carry out any of the terms of the Contract or if Buyer shall otherwise be in default of its obligations herein, prior to or at Closing, County shall have as its sole remedy, the right to retain and collect any Deposit due from Buyer. b. County Default. In the event County refuses, neglects or otherwise fails to carry out any of the terms of the Contract or if County shall otherwise be in default of its obligations herein, prior to or at Closing, Buyer shall have as its sole remedy, the right to receive the return of the Deposit. 21. INTERPRETATION. The language of this Contract shall be construed, in all cases, according to its fair meaning and not for or against any party hereto. 22. EXECUTION BY COUNTY COMMISSION. Notwithstanding any action taken on the Contract by the Sarasota County Board of County Commissioners or its agents or employees, the Contract shall not be enforceable against the County unless approved by the Board of County Commissioners and executed by the Chairman of the Board of County Commissioners. 23. COUNTERPARTS. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile copy of this Contract and signatures of the parties hereon shall be considered for all purposes as originals. 24. DISPUTE RESOLUTION. This Contract shall be governed by, and be construed in accordance with, the laws of the State of Florida. Any legal proceedings concerning this Contract shall be brought and maintained solely in Sarasota County, Florida. The parties hereby waive all rights to trial by jury for any litigation concerning this Contract. In the event any dispute arises concerning this Agreement, the Parties may agree to attempt to settle any dispute by mediation. 25. NO THIRD PARTY BENEFICIARIES. This Contract shall not be interpreted or construed to grant any rights to any third parties. 4

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6 IN WITNESS WHEREOF, the Parties have executed this Contract on the last date set forth below. Signed and Sealed in the Presence of these Witnesses: Witness Print Name: Witness Print Name: Witness Print Name: Witness Print Name: Buyer Signature Print Name Date: Signature Print Name Date: BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA By: CHAIRMAN Date: ATTEST: KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners By: DEPUTY CLERK Approved as to form and correctness By: COUNTY ATTORNEY 6

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