HomeMy WebLinkAbout2001 Rowley, Charles 2Prepared by and Return to:
CrPatricia A. Horn, an employee of
First American Title Insurance Company,
2001 9th Avenue, Suite 108
Vero Beach, Florida 32960
561 - 794 -9855
File Number: 01 1015
IN THE RECORDS OF
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RivER CO., FLA.
DOCUMENTARY STAMPS
DEED $ QlBto .00
NOTE$
JEFFREY K. BARTON, CLERK
INDIAN RIVER COUNTY
WARRANTY DEED
This indenture made on October [Z 2001, A.D., by and between CHARLES B. ROWLEY, III, A
MARRIED ADULT, whose address is 5 Sawmill Road, Acton, MA 01720, hereinafter called the "grantor ",
to CITY OF SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION, whose address is: 1225 Main
Street, Sebastian, Florida 32958, hereinafter called the "grantee ":
(Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian
River County, Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof.
Parcel ID Number:
Subject to covenants, conditions, restrictions and easements of record.
Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida
in that neither Grantor(s) or any members of the household of Grantor(s) reside thereon.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said
land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to
December 31, 2001.
Page 1of3
Individual Warranty Deed - Non - Homestead Clause
In Witness Whereof, the said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in the
(Mani l-ayc e✓
Witness iMnt Name:
/p 1'/r
l e ^AleoriiF44
—Sate of MASS ACHUSETTS
County of v ll
CHARL S B. ROWLEY, III
THE FOREGO G INSTRUMENT WAS ACKNOWLEDGED before me on October // , 2001, by
CHARLES B. POWLEY, III who is /are personally known to me or has /have produced a valid driver's
license as iden 'ficaiisr
PUBLIC
Notary Print
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V /o
Page 2of 3
Individual Warranty Deed - Non - Homestead Clause
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EXHIBIT "A"
The Easterly 15 feet of Lot 7, all Lots 8, 9, 10, 23, 24 and 25, Block 9 of the Edgewater Park Subdivision,
together with that portion of the abandoned right -of -way for Jefferson Street abutting the said Lots 23, 24
and 25, to the South, together with all Lots 4, 5, 6, 7, 8 and 9, of Block 10, of the Edgewater Park
Subdivision and that part of the abandoned right -of -way of Jefferson Street which abutts the said Lots 4, 5,
6, 7, 8 and 9 to the North, as per plat recorded in Plat Book 5, Page 25, Public Records of St. Lucie
County, Florida; said land now situate and lying in Indian River County, Florida per plat recorded in Plat
Book 1, Page 23.
Page 3of 3
Individual Warranty Deed - Non - Homestead Clause
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First American Title Insurance Company
2001 9th Avenue, Suite 108, Vero Beach, Florida 32960
561- 794 -9855 / Fax 561 - 794 -9854
January 11, 2002
CITY OF SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION
1225 Main Street
Sebastian, Florida 32958
RE: File No.: 01 1015
File Name: Rowley /City of Sebastian
Property Address: Harrison Street
Sebastian, Florida 32958
Dear Sirs:
Please find enclosed the final policy of title insurance and the recorded documents for the above captioned
property. Please keep these documents with your permanent records for this property.
We thank you for the opportunity to be of service to you in this transaction. If you have any questions or concerns
or need anything further, please do not hesitate to contact this office.
Sincerely,
Title Insurance Department
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P YUS-YUS 3O l iiO
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FATIC 524
Policy No. FA -35- 664607
tiE _
ISSUED BY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the Insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
First American Title Insurance Company
BY X.'O'V���7PRESIDENT
ATTEST �, , ` SECRETARY
(TP 10/99) ALTA Owner's Policy (10- 17 -92) (With Florida Modifications)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of.
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of
any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
�d) attaching or created subsequent to Date of Policy; or
e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The followin& terms when used in this policy mean:
(a) "insured : the insured named in Schedule A, and,
subject to any rights or defenses the Company would
have had against the named insured, those who succeed
to the interest of the named insured by operation of law
as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or
fiduciary successors.
(b) "insured claimant ": an insured claiming loss or
damage.
(c) knowledge" or "known ": actual knowledge, not
constructive knowledge or notice which may be
imputed to an insured by reason of the public records as
defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in
Schedule (A), and improvements affixed thereto which
by law constitute rear proppeerty. The term "land" does
not include any property be and the lines of the area
described or referred to in Schedule A, nor any right,
title interest, estate or easement in abutting streets,
roans, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this
policy.
(e) 'mortgage ": mortgage, deed of trust, trust deed,
or other security instrument.
(f) "public records ": records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real roperty to
purchasers for value and without knowledge. With
respect to Section 1(a)(iv) of the Exclusions From
Coverage, ppublic records" shall also include
environmentarprotection liens filed in the records of the
clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title ": an alleged or
apparent matter affecting the title to the land, not
excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mort gage
given by a purchaser from the insured, or only so long
as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or
conveyance of the estate or interest. This policy shall
not continue in force in favor of any purchaser from the
insured of either (i) an estate or interest in the land, or
(ii) an indebtedness secured by a purchase money
mortgage gg�iven to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Compan prom tly in
writing (i) in case of any litigation as set forth in �ection
4(a) below, (it in case knowledge shall come to an
insured hereon er of any claim of title or interest which
is adverse to the title to the estate or interest, as insured,
CONDITIONS AND STIPULATIONS
All information designated as confidential by the
insured claimant provided to the Company pursuant to
this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the insured
claimant to submit for examination under oath, produce
other reasonably requested information or grant
P to secure reasonably necessary information
from third parties as required in this paragraph shall
terminate any liability of the Company under this policy
as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company
shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
(i) To pay or tender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the
Company is obligated to pay.
(ii) Upon the exercise by the Company of this
option, all liability and obligations to the insured under
this policy, other than to make the payment required,
shall terminate, including any liability or obiligation to
defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for
or in the name of an insured claimant any claim insured
against under this policy, together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant which were authorized by the Company up to
the time of payment and which the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the insured
claimant the loss or damage provided for under this
policy, together with any costs, attorneys' fees, and
expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the
Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments
reGwired to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue
any litigation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only
to the extent herein described.
(a) The liability of the Company under this policy
shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
or,
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by
this policy which shall exceed the amount, if any, lost to
the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non - insured
em
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association may be
demanded if agreed to by both the Company and the
Insured. Arbitrable matters may include, but are not
limited to, any controversy or claim between the
Company and the Insured arising out of or relating to
this policy, and service of the Company in connection
with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the Insured,
the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if
any, attached hereto by the Company is the entire policy
and contract between the insured and the Company. In
interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status
of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this
policy can be made except by a writing endorsed hereon
or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the
Company.
and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii)
if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no
case pre dice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure
and then on] to the extent of the prejudice.
4. DENS OF IINSURPROSECUTION ECLAIMANT
COOPERATE.
(a) Upon written request by the insured and subject to
the options contained in Section 6 of these Conditions
and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the
defense of an insured in litigation in.which. any third
party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action
alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of action
and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees,
costs or expenses incurred by the insured in the defense
of those causes of action which allege matters not
insured against by this policy.
(b) The Company shall have the right, at its own cost,
to institute and prosecute any action or proceeding or to
do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest,
as insured or to prevent or reduce loss or damage to the
insured. 'the Company may take any appropriate action
under the terms of this policy, whether or not it shall be
liable hereunder, and shall not thereby concede liability
or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted
by the provisions of this policy the Company may
pursue any litigation to final dete, rmination by a court of
competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse
jud ingot or order.
( In all cases where this policy permits or requires
the ompany to prosecute or provide for the defense of
any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and
permit the Company to use, at its option, the name of
the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall
give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest
as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have
been provided the Company, a proof of loss or damagge
signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts giving rise to
the loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy which
constitutes the basis of loss or damage and shall state, to
the extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by
the failure of the insured claimant to provide the
required proof of loss or damage, the Company's
obligations to the insured under the policy shall
terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such proof of
loss or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be designated
by an authorized representative of the Company, all
records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date
of Policy, which reasonably pertain to the loss or
damage. Further, if requested by any authorized
representative of the Company,, the insured claimant
shall grant its permission, in wnting, for any authorized
representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third
party, which reasonably pertain to the loss or damage.
(ii) the difference between the value of the insured
estate or interest as insured and the value of the insured
estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing with Coinsurance was
removed from Florida policies.)
(c) The Company will pay only those costs,
attorneys' fees and expenses incurred in accordance with
Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a
loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached to
this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes
the alleged defect, lien or encumbrance, or cures the
lack of a right of access to or from the land, or cures the
claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect
to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation
by the Company or with the Company's consent, the
Company shall have no liability for loss or damage until
there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall
reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy
insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed,
assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on
the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing
this policy for endorsement of the payment unless the
policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction
of the Company.
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a
claim under this policy, all right of subrogation shall
vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled
to all rights and remedies which the insured claimant
would have had against any person or property in
respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall
transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this
right of subrogation. The insured claimant shall permit
the Company to sue, compromise or settle in the name
of the insured claimant and to use the name of the
insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully
cover the loss of the insured claimant, the Company
shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the
whole amount of the loss.
16. SEVERABILITY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision and
all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this policy and
shall be addressed to the Company, Attention: Claims
Department, 1 First American Way, Santa Ana,
California 92707.
First American Title Insurance Company
Agent File No.: [Agent File No]
FATIC File No.: 011015
Issued pursuant to Commitment No.: FA -C- 01 1015
Policy No.: FA -35- 664607
First American Title Insurance Company
SCHEDULE A
Date of Policy: October 17, 2001 @ 12:38 PM Amount of Insurance: $398,000.00
1. Name of Insured:
CITY OF SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION
2. The estate or interest in the land which is encumbered by the insured mortgage is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION
4. The land referred to in this policy is described as follows:
See Schedule A (continued) attached hereto and made a part hereof.
First American Title Insurance Company
By. �;x a srY s 'a Si.ady
Authorized Signatory
1982 ALTA Owners Policy (10 -17 -92 Policy)
Examiner: [Examiner] Page 1
First American Title Insurance Company
Agent File No.: [Agent File No]
FATIC File No.: 011015
Issued pursuant to Commitment No.: FA -C- 01 1015
Policy No.: FA -35- 664607
Schedule A (continued)
The Easterly 15 feet of Lot 7, all Lots 8, 9, 10, 23, 24 and 25, Block 9 of the Edgewater Park
Subdivision, together with that portion of the abandoned right -of -way for Jefferson Street abutting
the said Lots 23, 24 and 25, to the South, together with all Lots 4, 5, 6, 7, 8 and 9, of Block 10, of
the Edgewater Park Subdivision and that part of the abandoned right -of -way of Jefferson Street
which abutts the said Lots 4, 5, 6, 7, 8 and 9 to the North, as per plat recorded in Plat Book 5, Page
25, Public Records of St. Lucie County, Florida; said land now situate and lying in Indian River
County, Florida per plat recorded in Plat Book 1, Page 23.
1982 ALTA Owner's Policy (10 -17 -92 Policy)
Examiner: [Examiner] Page 2
Forst American Title Insurance Company
Agent File No.:
FATIC File No.:
Issued pursuant to Commitment No.:
Policy No.:
[Agent File No]
011015
FA -C- 01 1015
FA -35- 664607
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
1. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
2. Any rights, interests, or claims affecting the land which a correct survey would disclose and which
are not shown by the public records.
3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations
provided before, on, or after Date of Policy, not shown by the public records.
4. Any dispute as to the boundaries caused by a change in the location of any water body within or
adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is,
at Date of Policy, or was previously, under water.
5. Taxes or special assessments not shown as liens in the public records or in the records of the
local tax collecting authority, at Date of Policy.
6. Any minerals or mineral rights leased, granted or retained by prior owners.
7. Taxes and assessments for the year 2002 and subsequent years.
NOTE: Exceptions Numbered 1, 3 and 4 above are Hereby Deleted.
8. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of
Edgewater Park, as recorded in Plat Book 5, Page 25, of the Public Records of St. Lucie County, Florida;
said land now lying and being in Indian River County, Florida per plat recorded in Plat Book 1, Page 23,
but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
9. Any lien as provided for by Chapter 159, Florida Statutes, in favor of any city, town, village or port
authority for unpaid service charges for service by any water, sewer or gas systems supplying the lands
described herein. (Owner's policy only).
1982 ALTA Owners Policy (10 -17 -92 Policy)
Examiner: [Examiner) Page 3
First American Title Insurance Company
Agent File No.:
FATIC File No.:
Issued pursuant to Commitment No.
Policy No.:
[Agent File No]
01 1015
FA -C- 01 1015
FA -35- 664607
Notices, Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this policy and shall be addressed to the Company, Attention:
Claims Department, 2075 Centre Pointe Boulevard, Tallahassee, Florida 32308 -3752.
Service, Quality and Availability
First American Title Insurance Company cares about its customers and their availability to obtain
information and services on a convenient, timely and accurate basis. A qualified staff of service
representatives is dedicated to serving you.
A toll -free number is available for your convenience in obtaining information about coverage and to provide
assistance in resolving complaints: 1- 800 - 929 -7186. Office hours are from 8:30 a.m. through 5:30 p.m.,
Monday through Friday.
1982 ALTA Owner's Policy (10 -17 -92 Policy)
Examiner: [Examiner] Page 4
16RD REALTY
GROUP,
ANC.
{F 2z
Received
. City Managers 0,
0. Office 4�
September 10, 2001
Mr. Terrance Moore
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Rowley to City of Sebastian
Dear Terrance:
Enclosed please find a fully executed Contract for Sale and Purchase by Charles B.
Rowley III.
First American Title Insurance Company, located at 2001 Vh Avenue in Vero Beach (794-
9855) will be doing the title work and closing. My contact there is Patty Horn.
Congratulations on your new acquisition, and I enjoyed working with you through this
process.
Very truly yours,
Chuck Cunningham
Bird Realty Group, Inc.
CC /dmi
Encl.
847 20th Place, Vero Beach, Florida 32960 • (561) 778 -2131 • FAX # (561) 778 -8502
Licensed Real Estate Broker
bird @sunet.net
Member RealSource /
Contract for Sale and Purchase
FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR
•1 PARTIES: Charles R. FLowley . ITT ( "Seller "),
2 of 5 ^ati ' 11 Road, Acton, MA 01720 (Phone) (617) 439-832-6—,
'3 and city of Sebas ' an ( "Buyer "),
4 of •— — ^t- --` Sebastian. zi 32958 (Phone) (561) 589 -5330
5 hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively 'Property) pursuant to the terms and conditions of this Contract
6 for Sale and Purchase and any riders and addenda ('Contract'):
7 I. DESCRIPTION:
'8 (a) Legal description of the Real Property located in Indian River County, Florida:
9 See Attachment #1
10
'11 (b) Street address, city, zip, of the Property is: Hamr:Laon Street , seba<at' a*+, F2
'12 (c) Personal Property:
13
14
'15 II. PURCHASE PRICE: ......................... ...................................................................................................................................................................................... ......................... $ 398 .000.00
16 PAYMENT:
'17 (a) Deposit held in escrow by (Escrow Agent) in the amount of ......................................... ............................... $
'18 (b) Additional escrow deposit to be made to Escrow Agent within days after Effective Date (see Paragraph III) in the amount of .......... :....................................... $
'19 (c) Subject to AND assumption of existing mortgage in good standing In favor of
40 having an approximate present principal balance of .............. ............................... $
'21 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of ................................................................................................................ ............................... $
'22 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of .................................................................................................. ............................... $
'23 (f) Other. $
•24 (g) Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations .................................. ............................... $ 398,000.00
25 III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
'26 between the parties on or before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. For purposes of delivery of notice of
27 execution, parties include Buyer and Seller or each of the respective brokers or attorneys. The date of Contract ('Effective Dale') will be the date when the last one of the Buyer and Seller
28 has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original.
29 IV. FINANCING:
'30 !g(a) This is a cash transaction with no contingencies for financing;
'31 ❑ (b) This Contract Is conditioned on Buyer obtaining a written loan commitment within days after Effective Date for (CHECK ONLY ONE): ❑ a fixed; ❑ an adjustable; or ❑ a
'32 fixed or adjustable rate loan in the principal amount of $ , at an Initial interest rate not to exceed %, discount and origination fees not to exceed % of
'33 principal amount, and for a term of years. Buyer will make application within days (5 days if left blank) after Effective Date and use reasonable diligence to obtain a loan
34 commitment and, thereafter, to satisfy terms and conditions of the commitment and close the ban. Buyer shall pay all loan expenses. If Buyer falls to obtain a commitment or fails to waive
35 Buyers rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the terms and conditions of the commitment by the closing date.
36 �h@n either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be ref nded the deposit(s); or
'37 (_J (c) The existing mortgage, described in Paragraph 11(c) above, has: a variable interest rate; or a fixed interest rate of % per annum. At time of title transfer, some fixed
'38 interest rates are subject to increase; if increased, the rate shall not exceed % per annum. Seller shall furnish a statement from each mortgagee stating the principal balance,
39 method of payment, Interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage which requires approval
40 of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application and diligently complete and return it to the mortgagee. Any mortgagee charge(s),
'41 not to exceed $ (11% of amount assumed if left blank), shall be paid by Buyer. It Buyer is not accepted by mortgagee or the requirements for assumption
42 are not In accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount. Seller or Buyer may rescind this Contract by written notice to the
43 other party unless either elects to pay the increase in interest rate or excess mortgage charges.
'44 V. TITLE EVIDENCE: At Least 10 days before closing date, (CHECK ONLY ONE): ® Seller shall, at Seller's expense, deliver to Buyer or Buyers attorney; or ❑ Buyer shall at Buyer's
'45 expense obtain (CHECK ONLY ONE): ❑ abstract of title; or title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an
46 owners policy of title Insurance.
'47 VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on October 15, 2001 unless modified by other provisions of this Contract.
48 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by
49 governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; public
50 utility easements of record (easements are to be located contiguous to teal property lines and riot more than 10 feet in. width as to the rear or front !inas and 7 112 feet in %width as to the side
51 lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (it additional items, see addendum);
'52 provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for Public Park Uses purpose(s).
53 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
54 and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy
55 Is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed
56 to have accepted Property In its existing condition as of time of taking occupancy unless otherwise stated herein.
57 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them.
58 X. ff,_J.,ERS: (CHECK those riders which are applicable AND a Itached to this Contract):
'59 iJ COMPREHENSIVE RIDER n HOMEOWNERS ASSN. ❑ COASTAL CONSTRUCTION CONTROL LINE
•60 ❑ CONDOMINIUM ❑ 'AS IS" ❑ INSULATION
'61 ❑ VA/FHA ❑ LEAD -BASED PAINT ❑
'62 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ❑ may assign and thereby be released from any further liability under this Contract; ❑ may assign but not be released from liability
'63 under this Contract; or ® may not assign this Contract.
64 XII. DISCLOSURES:
65 (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon
66 that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit.
67 (b) Buyer acknowledges receipt of the Florida Building Energy - Efficiency Rating System Brochure.
68 (c) If the real property includes pre-1978 residential housing then a lead -based paint rider is mandatory.
69 (d) It Seller is a "foreign person" as defined by the Foreign Investment In Real Property Tax Act the parties shall comply with that Act.
70 (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
FAR/BAR -5 Rev. 8/98 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS® OR THE FLORIDA BAR
01998 Florida Association of REALTORSO. All Rights Reserved
Bird Realty Group, Inc. 847 20th Place, Vero Beach FL 32960
Phone: 561-778-2131 Fax: 561- 778 -8502 Dick Bird T7002565.ZFX
Produced with ZipForml by RE ForrnsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383 -9805
71 HOMEOWNERS' ASSOCIATION DISCLOSURE.
72 All. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of
'73 (a)
'74 (b)
for treatment and repair under Standard D (if blank, then 2% of the Purchase Price).
for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
'75 XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE E3.
76 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a part of this Contract.
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.
, val does not' nsb an inion that any of the terms and conditions in this Contract should be accepted by the arbas In a parffculer ba cb'on. Tees and conditions should
be negotiated based upon the respective interests, objectives and bargaining pos' ns of all interested p ons.
COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASS TION RE OR
Sebastian ( e) (Seller) Charles B. R coley, II (Date)
OT Tax I.D Social Security or Tax I.D. # 0 *— 7 % M
o
` (Dat (Seiler) (Date)
i
'87 Social Security or ax I.D. ��- G 119 S Social Security or Tax I.D. #
'88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Agent)
89 BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entitled to compensation in connection with this Contract:
9 Name: Bird Realty Group. Inc
�
�
91 1 Cooperating Brokers, if any Listing Broker
92 STANDARDS FOR REAL ESTATE TRANSACTIONS
93 A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (1f not existing then certified as correct by an existing fine) purporting
94 to be an accurate synopsis of the instruments affecting title to the real property recorded in the public records of the county wherein the real property is located through Effective Date. It
95 shall commence with the earliest public records, or such later data as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject
96 to the right. of retention thereof by first mortgagee until fully paid. (2) A title Insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the
97 deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to the real property, subject only to liens, encumbrances, exceptions or
98 qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or
99 qualifications provided in this Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law.
100 Buyer shall have 5 days from date of receiving evidence of title to examine it. If title is found defective, Buyer shall within said 5 days notify Seller in writing specifying the defect(s). If
101 defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day
102 period, deliver written notice to Seller either. (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)
103 requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller
104 shall, 'd title is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects,
105 or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under the Contract If evidence of title is delivered to Buyer less than 5 days prior to closing,
106 Buyer may extend closing data so that Buyer shall have up to 5 days from date of receipt of evidence of title to examine same in accordance with this Standard.
107 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seiler shall provide for a 30-day grace period in the event of
108 default If a first mortgage and a 15-day grace period ii a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of
109 transfer of the real property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer
110 to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the real property against fire and all perils included within the term 'extended
111 coverage endorsements' and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement
112 shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally
113 utilized by savings and loan institutions or state or national banks located in the county wherein the real property is located. All personal property and leases being conveyed or assigned will, at
114 Sellers option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon.
115 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florda
116 surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions,
117 Contract covenants or applicable governmental regulation, the same shall constitute a title defect
118 D. TERMITESIWOOD DESTROYING ORGANISMS: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title, may have the Property inspected by a Florida Certified Pest
119 Control Operator ('Operator') to determine If there is any visible active termite Infestation or visible damage from termite infestation, excluding fences. If either or both are found, Buyer shall have
120 4 days from date of written notice thereof within which to have cost of treatment, if required, estimated by the Operator and all damage inspected and estimated by a licensed builder or general
121 contractor. Seller shall pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIII(a). If estimated costs exceed that amount Buyer shall have the option
122 of cancelling this Contract within 5 days after receipt of contractors repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction and receive a credit at
123 closing on the amount provided in Paragraph XIII(a). 'Termites' shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended
124 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for its intended use as described in Paragraph VII hereof, title
125 to which is in accordance with Standard A.
126 F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenants
127 occupancy, rental rates, advanced rent and security deposits paid by tenant ff Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer
128 within that time period in the form of a Sellers affidavit, and Buyer may thereafter contact tenant to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
129 G. LIENS: Seller shall furnish to Buyer at Time of closing an affidavit attesting to the absence, unless otherwise provided for herain, of any financing statement. claims of lien or potential
130 lienors known to Seller and further attesting that there have been no improvements or repairs to the real property for 90 days immediately preceding date of closing. If the real property has
131 been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in
132 addition to Sellers lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or
133 repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract
134 H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property is located at the office of the attorney or other closing agent ('Closing Agent') designated by Seller.
135 I. TIME: In computing time periods of less than sic (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall
136 end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract
137 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, construction lien affidavit, owners possession affidavit, assignments of leases, tenant and mortgagee estoppel letters
138 and corrective Instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
139 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage
140 and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid
141 by Buyer. Unless otherwise provided by law or rider to this Contract charges for the following related title services, namely title or abstract charge, title examination, and settlement and
142 closing fee, shall be paid by the party responsible for furnishing the title evidence In accordance with Paragraph V.
143 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest Insurance and other expenses of the Property shall be prorated through the day before closing. Buyer shall have the option
144 of taking over existing policies of insurance, K assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to
145 be made through day prior to closing, or occupancy, If occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee
146 will be credited to Seller. Taxes shall be prorated based on the current years tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing
147 occurs at a date when the current years millage is not fixed and current years assessment is available, taxes will be prorated based upon such assessment and prior years millage. If
148 current years assessment is not available, then taxes will be prorated on prior years tax. It there are completed improvements on the real property by January 1st of year of closing, which
149 improvements were not in existence on January list of prior year, then taxes shall be prorated based upon prior years millage and at an equitable assessment to be agreed upon between
150 the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate
151 shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing.
152 M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of
153 date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered certified, confirmed or ratified
154 and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body.
FAR/BAR -5 Rev. 8/98 RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS® OR THE FLORIDA BAR
01998 Florida Association of REALTORS& All Rights Reserved
Produced with 71pFor l by RE FornsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 383 -9605 T7002565.ZFX
m.
155 N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling, roof (including the fascia and souls) and exterior and interior walls, foundation, seawalls (or equivalent) and
156 dockage do not have any Visible Evidence of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing
157 systems and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum. Buyer may, at Buyers expense, have
158 inspections made of those Items within 20 days after the Effective Date, by a firm or individual specializing in home inspections and holding an occupational license for such purpose (it required)
159 or by an appropriately licensed Florida contractor, and Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet
160 the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed lo, have waived Sellers warranties as to defects not reported. If repairs or replacements are
161 required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided in Paragraph XIII(b). Seller is not required to make repairs or replacements of
162 a Cosmetic Condition unless caused by a defect Seller is responsible to repair or replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XIII(b), Buyer or Seller
163 may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing.
164 Seller shall, upon reasonable notice, provide utilities service and access to the Property for Inspections, including a walk- through prior to closing, to confirm that all items of personal property are
165 on the real property and, subject to the foregoing, that all required repairs and replacements have been made and that the Property, including, but not limited to, lawn, shrubbery and pool, if any,
166 has been maintained In the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contract: (a) 'Working Condition' means operating in the manner in which
167 the item was designed to operate; (b) 'Cosmetic Condition' means aesthetic imperfections that do not affect the working condition of the item. including, but not limited to: pitted marcite; missing
168 or tom screens; fogged windows; tears, wom spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caulking in ceilings, walls,
169 flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks; and (c) cracked roof tiles, curling or worn shingles, or limited roof Irfe shall not be
170 considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage or structural damage, but missing tiles will be Seller's responsibility to replace or repair.
171 0. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged,
172 cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. If the cost of restoration exceeds
173 31% of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds payable
174 by virtue of such loss or damage, or of canceling this Contract and receiving return of the deposit(s).
175 P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. if an abstract of title has been furnished, evidence of title shall be continued at
176 Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall
177 be held in escrow by Sellers attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through
178 no fault of Buyer, Buyer shall, within the 5-day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller
179 fails to timely cure the defect, all deposit(s) and dosing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such
180 repayment, Buyer shall return the personal property, vacate the real property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely
181 demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed
182 or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for
183 closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written
184 commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer - mortgagor. The escrow and closing procedure required by this
185 Standard shall be waived if the title agent insures adverse matters pursuant to Section 627.7 841, F.S., as amended.
186 O. ESCROW: Any escrow agent ('Agentl receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to
187 clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyers performance. If in doubt as to Agent's duties or liabilities
188 under the provisions of this Contract Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement
189 of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all
190 parties concerned of such action, all liability on the part of Agent shall fully terminate, except m the extent of accounting for any items previously delivered out of escrow. If a licensed real
191 estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent Is made a party because of acting as Agent hereunder,
192 or In any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of
193 the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or
194 Seller of Items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent.
195 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of
196 this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the
197 non - prevailing party reasonable attorney's fees, costs and expenses.
198 S. FAILURE OF PERFORMANCE: if Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to
199 be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any
200 claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract or Seller, at Sellers option, may proceed in equity to enforce Sellers rights under this Contract.
201 If for any reason other than failure of Seller to make Sellers title marketable after diligent effort Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance
202 or elect to receive the return of Buyers deposit(s) without thereby waiving any action for damages resulting from Sellers breach.
203 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure
204 to the benefit of the parties and their successors in interest Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney
205 for any party shall be as effective as if given by or to that party.
206 U. CONVEYANCE: Seiler shall convey the to the real property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject
207 only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty
208 of title, subject only to such matters as may be otherwise provided for herein.
209 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this
210 Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
211 W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Properly which are not readily observable by Buyer or which have not been
212 disclosed to Buyer.
•213 Buyer ( ) ( ) and Seller ( MW ► ( ) acknowledge receipt of a copy of this page.
FAR/BAR -5 Rev. 8198
COPYRIGHT 451998 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®. All Rights Reserved
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