HomeMy WebLinkAboutR-2004-029 Sale of Property-Nearn RESOLUTION NO. 2004-029
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, ACCEPTING AND APPROVING THAT
CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6, 7 ,
8, 9, and 10, OF McKENZIE EYSTER ADDITION,
AS RECORDED IN PLAT BOOK 8, PAGE 9, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
BY BETWEEN ARNOLD NEARN, AS BUYER, AND THE
CITY OF DANIA BEACH, AS SELLER, FOR A SALES
PRICE OF $140,000; PROVIDING FOR PAYMENT BY
THE CITY OF DANIA BEACH IN AN AMOUNT NOT TO
EXCEED $3,265 TO COASTAL SCIENCE ASSOCIATES
FOR SOIL/WATER REMOVAL AND BACKFILL ON THE
SUBJECT PROPERTY; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Part XII, Article 3, Section 5 of the Charter of the
City of Dania Beach authorizes the City Commission to exchange,
sell or convey real property acquired by the City of Dania Beach
from enforcement or foreclosure of city liens and the transfer of
lands available for taxes from Broward County and determined by the
City Commission to be surplus real property;
WHEREAS, the real property legally described as Lots 5, 6, 7,
8, 9 and 10 of MCKENZIE EYSTER ADDITION as recorded in Plat Book 8,
Page 9, of the Public Records of Broward County, Florida, was
determined to be surplus property in accordance Part XII, Article
3, Section 5 of the Charter of the City of Dania Beach, by City
Commission Resolution No. 2003-263 on November 25, 2003;
WHEREAS, a Contract for Sale and Purchase of the real property
I RESOLUTION NO. 2004-029
legally described above with a sales price of $140, 000 dated
• December 18, 2003, was entered into by Arnold Nearn as Buyer, and
the City Manager on behalf of the City of Dania Beach, in
accordance with City Commission Resolution No. 20C3-263;
WHEREAS the Dania Beach City Commission finds that payment at
the real estate closing to Coastal Science Associates in an amount
not to exceed $3, 265 for removal of contaminated soil/water and
backfill of the subject property is in the best interest of the
City of Dania Beach and its business owners and residents; and
WHEREAS, the Dania Beach City Commission finds that it is cost
effective, in the best interest of the City of Dania Beach, and
promotes the welfare of the residents of the City to efficiently
dispose of the aforesaid surplus property by selling the property
to Arnold Nearn for $140, 000, subject to the terms and conditions
of the Contract for Sale and Purchase referenced herein.
NOW, THEREFORE, be it resolved the City Commission of the City
of Dania Beach, Florida;
Section 1 . That the Contract for Sale and Purchase of the real
property described herein is accepted and approved.
Section 2 . That the City Manager is authorized to close the
aforementioned Contract for Sale and Purchase of the real property
described herein, subject to compliance with Section 3 herein.
Section 3 . That the HUD Settlement Statement shall include a
payment from seller' s proceeds to Coastal Science Associates in an
amount not to exceed $3, 265 for removal of contaminated soil/water
and backfill of the subject property.
2 RESOLUTION NO. 2004-029
Section 4 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 5 . That this resolution shall be enforced and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2004 .
1PAYI��
BOB ANTON
MAYOR - C MMISSIONER
AT EST : ROLL CALL:
COMMISSIONER CHUNN -YES
COMMISSIONER FLURY-YES
MIRIAM NASSER COMMISSIONER MIKES -YES
ACTING CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON -YES
APPROVED AS TO FO M AND CORRECTNESS :
t
BY
THO AS J. ANSBRO
CITY ATTORNEY
3 RESOLUTION NO. 2004-029
LAW OFFICES -
RYAN & RYAN, LLC
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
DANIA BEACH,FLORIDA 33004.3090
ARCHIE.i.RYAN III
TIMOTHY M.RYAN TELEPHONE(954)920-2921
CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247
JOSHUA S.PINSKY February 3, 2004
'Board Certified City,
County and Local
Government Lawyer
Mr. Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Re: City of Dania Beach sale to Arnold Nearn
1506-1510 S . Dixie Highway, Dania Beach
Our File Number: 18920D-RE
Dear Mr. Pato :
Pursuant to our telephone conversation, enclosed is a copy of
the statement from Coastal Science Associates in the sum of $7, 105
for sampling, removal of contamination and backfilling on the
above-referenced property.
The purchaser has proposed to pay the expense for sampling and
analysis of $2, 640 and the cost for management and report of
$1, 200 . The buyer wants the City to pay for soil/water removal and
backfill which is essentially the cost for removing contamination
on the subject property. The expense for removal and backfill is
$3, 265 .
I will be preparing a resolution to present to the City
Commission approving the Contract for Sale and Purchase at $140, 000
ana approving a reduction from Seller' s proceeds of $3, 265 for
payment to Coastal Science Associates on soil/water removal and
backfill . The resolution will be forwarded to the City as soon as
it has been drafted by our office.
If you have any questions concerning this matter, please
contact my office.
Very truly yours,
kL, TIMOTHY RYAN
TMR/les
Enclosure
✓�� ��.' Y� '. ����V�tL ��t ..:.z; -d.4,a ?r $ �$ f �a.��"a �X'#,"''"r�an�`u�6.,��'�s�sk£'"�k`�'F� eau s 8�: tra a -,� �, .
s SW3 }
s •,' s it x .?; '�C [� s'fit`.+" ,. -''s"w r ,D�,"'�" sir,: a
�
Oddenclurn No. to the Contract dated a— Q between
(Seller)
and (Buyer)
concerning the property described as:
(the "Contract"). Buyer and Seiler make the following terms and conditions part of the Contract:
TO (00 C� i r3�..�C'�!2--E�' IV\Aa Cidl !9 , 2 -�
Date: .. Buyer;
Date:. Buyer:
ate: Seller:
Date: Seller:
This form is available for use by the entire real estate industry and is not intended to identify the user as a REALToR.ReuToR is a registered collective membership
mark that may be used only by real estate licensees who are members of the National Association of REALToRs and who subscribe to its Code of Ethics.
\1 copyright laws of the United States(17 U.S.Code)forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. —
`� 6/94 01996 Florida Association of REALTORS@ - All Rights Reserved
Ld
' FEALiOF
JAN-30-04 11 :44 AM P. 01
A m-
S'®uthC.
Coastal Science Associates, Southern Affiliate, Inc.
840 Natures Cove Road
Dania Beach, FL 33004
Tel (954) 926-5426, Fax 954-926-1183, Cell 954-817-0163
csasf(a-bellsouth.net
F,4CS/M11,E
Date: January 30, 2004
To: Tim Ryan, Attn.: Lucy
Fax: 954-921-1247
Cc: Arnold Nearn
Fax.- 954-922-4771
From: Bart Baca
Fax: 954-926-1183
Re: Neam Site
To keep you posted, following is a summary of the bid price we have thus far for
sampling, removal of contamination, and backfilling on the above property:
Sampling and Analysis 2,640
Soil/water Removal and Backfill 3,265
Management and Report _1200
Total $7,105
'This assumes contamination will be found and so everything is done in a short time
without interruption. In order to reduce costs we are working with separate contractors
which will allow us to break down the above into sampling, analysis, removal, and
backfill, so that we can stop at any time to cut costs.
Thank you,
Bart Baca, Ph.D
President
FEB-16-2004 MON 03:59 PM FAX NO. 954 921 1247 P. 05
03/20/26aO 22:53 SS49267773 DANIA BEACH REALTY PAGE U2
3
•4
5 DEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE -
6 (If FHA,VA or CONDOMIMMMIMOMEOWNER'S ASSOCIATION CONTRACT,ADDENDUM REQUIRED.)
7
8 BUYERS_ Ag., �"
9 SELLER
to Buyer and Seiler hereby agree that Seller shalt sell and-i3ger shall buy the following real property("Reel Property"}
11 and personal property ("Personalty") (collectively "PrbWy") upon the following terms end.-conditions and any
12 addendum to this Contract.
13 1. LEGAL DESCRIPTION bf real estate located in- x�It+iL�-County, FL.TAX FOL[0 � I, _� ' 1 s"
14 - 0 t 1-d3_ ( - U
Uri ;j
16 1.1 PROPERTY ADDRESS:_1. (x�Py
17 (AMM5)
1 g 1.2 Setter represents that the Property can be used for the following purposes:
19 2. PURCHASE PRICE 1S: (in U.S.Wnds). . .. . . . . . . .. .. . . . . . . . . . .. s 100
20 METiIOD OF PAYMENT:
21 2,1 Deposit made at the time Buyer executed this document.. . . . . .. . .. . ... .. . ... ... . • ••$ —
22 2.2-Ade,4vepel deposit due within I United§tates business days after Effective Date. a �GQ®'D
23 Timt is of the essence as loe"Wmm el-deposit, . . . , . . . .. .. . • • . , ... .. . •. .
24 ALL DEPOSITS TO BE HELD BY: . . . . ("Escrow Agent") r
25 2.3 Amount of new note and mortgage to be a tecuted by Ru er to any lender other than Seller. S
26 TYPP,OF MORTGAGE:
27 (CHECK ONE) ( )Conventional, ( )FHA, ( )VA (If FHA or VA see Addendum)
28 (CHECK ONE) ( )Prevailing}late&Tetras;OR{ )Interest Rate„_%do Term Years
• 29 (CHECK ONE) ( ) Fixed Ratc,( )Variable rate with a maximurn ceiling of %
30 Other terms; �-
31 2A Existing mortgage balance encumbering the Property
32 to be ASSUMED by Buyer appuiximately.. .. . . . . ... .. . . .. . .. . . . ... , . . . . , ... . . . ,�
33 Mortgagee Name Loan#•__�
34 (CHECK ONE) ( )Fixed rate not to exceed the rate of %
35 ( ) Vartable current rate with a maximum ceiling of
36 Balloon Mortgage: ( )Yes ( )No Balloon Duo Date:
31 Other tetras: J `
38 2.5 Purchase money note to Seller secured by a( ) 1st OR( )2nd purchast money moRga9e,
39 bearing interest at the rate of %per antrum with payments based on years S
40 amortization OR payable S.principaI and interest per
41 Battoon Mortgage: ( )Yes ( )No galloon Due Date;
42 Due on sale: ( )Yes ( )I•do No prepayment penalty. S
43 2,6 OTHER CONSIDERATION:_ • ' ' ' '' ' '' '
44 2.7 Approximate additional payment due at closing in U.S.currency or LOCAL CASHIER'S w0 to
45 CHECK('this arnoun,t does not include Buyer's closing costs and/or prepaid items). , , .. S
46 2,9 TOTAL.PURCHASE PRICE... . . .. . .. . ... . . . . . . . . . . . . . . .. . .- . . .. . . . . .S .�..
49 3, TIME FOR ACCEPTANCE; If,by 5.04 p.m, Z�_ � —.20 v 4f ,tliis offer is not executed by all
48 parties and delivered to all parties or their Authorized Rt:presentative, this offer is withdrawn and all deposits will be
49 returned to Buyer,
50
Form#1001 Page I of 10 Rcr. t 1101
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31 Property Address:
52 a. CLOSING DATE: This contract shnlunl closed o dad by other Provisions ns o this Contract ssession shaU be ordelivered
agreement
emen c
�3 /S _day of 1 it 20fixeditemsng: p 8 window
$4 5, PERSONAL PROPERTY tINCLUDED:wall oratt h attached ovetingsnand atttaichcd tigb ing flxtureaasflow installed on the
55 treatments and hardware, chocked items: ( }range,( )oven,( )refrigerator,( )dishwasher,
56 Real Property.Also included are the following washer ( )dryer,( )Ceiling ig #of fans,)
57 ( )disposal,( )microwave oven,( )trash aecuriry/alartu ystems,( )pool cleaning equipment(DESCRIBE)-.
58 ( )solar systems,( )satellite disb�, -
60 $,1 ADDITIONAL PERSONAL PROPERTY iNCLUUED:
61 —
62
63 5.2 PERSONAL PROPERTY NOT INCLUDED:_.._ )Satellite dishes,
64 5.3 LEASED ITEMS: ( ) security/alarm systems, ( )propane tanks, ( )solar equipment, ( )
bs Other:
LFJCOUNTERPARTS: A legible facsimile copy of this t:ntire Contract and any signatures hereon shall
66 6. FACSIMI
6T be considered originals.This canir8ct may be signed In counterparts and Brach shall be considemd an original.
s Contract("Effective Date")�hal1 be the day open which it becomes
68 7. EFFECTIVE DATE: The effective date of thi
69 fully executed by all parties.
70 8. TIME AND BUSINESS DAYS DEFINED. All dme;pcdods will be computed in business days un1 8 otherwise
7t indicated. A "business day" is every calendar day except Saturday, Sunday and national legal holidays. if any time
72 period ends on a Saturday, Sunday or national legal holiday,performance will be due the next business day. All time
73 periods will end at 5:00 p_m local time in the county where_the Property is located.
74 9: DELIVERY TO AUTHORIZED
to Buyer Set Seller be deemed tovery be delivered ddocument whert del veery has been uired or made totted ystuhch
75 Contract to be deli Y
76 party's Authorized Representative("Authorized Representative")
77 9.1 DEFINITION OF AUTHdUZED REPRESENTATIVE: Authorized Representative shall include:
78 9.1,1 any licensed Florida attorney representing Buyer or Seller in this transaction(as to the party the attorney raPre¢ents);
79 9.1,2 any person speelticatly authorized in writing by Buyer or Seller to receive locum ants;
8o 9,1.3 as to Seller,the Florida real estate licensees) shown as listing salespersons)and the Brokers)of such licensee's
81 real estate firm;
82 9.1.4 as to Buyer, the rlorida real estate licenscc(s) presenting this docuttncot to Seller or Seller's Authorize
93 Representative and the Broker(s)of such licensee's real estate firm, r or Bu 's Closing Agent not less than
84 10. EVIDENCE OF TITLE: Seller shall,at Seller's expense,furnish to 13uyc Yer g 6
f title which shall commence with the earliest
85 fifteen(15)business days prior to closing either: (1)a certified abstract o
86 public records with certified search through the Effective 17att; or(2)a prior owner's (ids Insurance.policy issued�y a
87 currently licensed title Insurance company and partial certified abstract or ccrti fled search from the date of such poll n
88 through the Effective Date. Seller ®hall convey a marketable title, subJett only to liens, encumbrancer.,excep
89 qualifications set forth in this Contract and thoxc which shall be discharged by Seller at or before closing. Marketable
90 title shall be determined according to applicable Title Standards Adopted by The Florida Bar and in accordance with the law.
91 10.1 PALM BEACH COUNTY: ITthe Property is located to Palm Beach County, Soilct :hall, at Seller's expense,
92 deliver to Buyer ar Buyer's nttomey, a title insurance conunitmcnt and
policy is to bya Florida
recording f the dd title eed
93 acceptable to major institutional leaders in Palm Seach County agri' S stable title in Buyer to
95 to,Buyer,an subject policy of liens,encumbrances,exceptionse insurance in the ginount'oorthe qualificeo qualifications set forth in thice,insuring s Cvnttaet and those which
95 the Property subject only to
96 shall be discharged by Seller at or bcfoce closing.
97 10.2 RELEkSE OF RESERVATIONS: Seller shall use best efforts to obtain releases of canal reservations, oil, gas
98 and/or mineral reservations,if tiny.Failure to release reservations or right of entry for oil,mineral and gas reservations
99 shall constitute a title defect.
100
Form#IOQI
Page 2 of 10 Rvv.1 Ito I
i
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lot property Address. '
2 10.3 TITLE DEP1✓CTS: Buyer shall have ten (10) business days from the date of receiving evidence of title to
within said the
03 examine same. If title is found to be defective,
Buyer
Seller shall havephitrty�(30)tbusinm days from ler in writirij specifying the receipt of
104 defects. if such defeeLc render the title uttma
los Such notice to cure the defects, and if after saidterminating Seller
this Contact by delivery ohall 'lot f wrve cured the f ttcn�nnticert Seller or his
106 option of(1) accepting title as it Then is, (Z)
107 Authorized ReprUaelttntave, and deposits shall be returned to Buyer and all parties shalt be rcieastd from all further
log obligation herein. '' ' allowed to deliver evidence of title End to examine samc,
log 11 SURVEY' Buyer, at Buyer's expense, within the tr#nc
110 may have the Real Property surveyed and certified by n rc$ jercd perty encroach on ae back lina surveyor. if es,easements,lands of others,
t I t on Real Property or that improvements located on Real Prop�ny same
lt2 or violate any restrictions, contract covenants or applicable governmenmla ebe affected eby he Colas,l Construction
113 defect. if the property,is located eut of the Intracoastal waterway Y
114 Control Line as-defined in 1:.S. 161,053, or
115 12. CONVEYANCE: Seller sthal�eoi a use des ation,to Real zoning cty yrestrictoris, prohibitions and ath�r rtequirtm nts
116 deed, if applicable, aubje t only $ on the plat or otherwise common to
117 imposed by governmental authority;restrictions,easements and matters appearing p lines and not more
118 the subdivision, public utility easements of record which are located contiguous to Real Property
114 than ten (10) feet in width as to the rear or front lutes and seven and one-half(1.5) feet in width a5 to the side lines
120 (unless otherwise specified herein); taxes
exists for ar of closing and atlosing no viola,oneof ttht foregoing and none of h mand prevven purchase he
121 money mortgages, if any, (provided h tis
122 use of the Property for the purpose repnscnkd in this Contract}, marten contained in this Contract and matters
123 otherwisC accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with
124 warranty of title,subject only to such mattem as are otherwise provided herein.
125 13, .EXISTING MORTGAGES: If Buyer is assuming the mortgage, Seller shall obtain and furnish a statement from
126 the mortgagee setting forth the principal balance, method of payment, interest rate. and whether the mortgage is in
127 good standing. if there are charges for the change of ownership, including charges for assuntpti cn,if chop otll beost of
paid
128 by Buyer unless he total charges eKeeed one percent(1%)of the unpaid balance of the morn g
124 the above items exceed one pet'cent 0%) of the unpaid balance of the mortgage to be ft"umcd, hen either party shall
130 have the option of paying any amount in excess vo the entire cost is paid, and this Contract chill remain in full force
131 and effect. However, if neither party agrees to pay the additional amount, then, either party may t"Minate this
132 Contract by delivery of written notice to the other patty or his Authorized Representative, and deposits shall be
133 returned to Buyer and all parties shall be released from all further obligations herein.
134 13.1 APPLICATION AND QUALIFICATION: Buyer shall make application for assumption of the existing mortgage
13s within business days (five (5) busint3s days if this blank is not filled in) after the Effective Date, Buyer
136 agrees to make 8 good faith, diligent effort to assume the existing tote mortgag a does�not give to cute all written consent to
137 required by the mortgagee for thocuments
e as of said monga8 of pay=nt
138 permit the Buyer to assume the existingOM 9 if t tha mle t blank is notfilledr in) site �e Rffect ve Date, either
�1�zty
139 business days (twenty (ZO) b Y or his Authorized Representative, and
140 may terminate this. Contract by delivery of written ranee m the other party
d from all further obligations hcreirv
d
141 deposits shall be returned to Buyer and all parties shall be release to the delivery of
142 termi�natioa shall cease upon Buyer obtaining written approval for assumption of the mortgag prior
143 the notice of termination.
144 13.2 VARIANCE-,Any variance in the amount of a mortgagc to be is more,than assum and the amountstated in
percent t %}less than the
145 be added to or deducted from the cash payment. if the mortgagbalsa a
146 amount indicated in the Contract, Seller Shall have the option of adjusting the Purchase Price to an amount where the
do so then either arty may
141 differential is no more than doe three percent (3%) allowed, and if Seller declines to Pshall
148 terminate this Contract by delivery of written notice to the other party or aitiona hcrt n�Ths reserita not Cetmust be gi and ven n t less
149 be returned to Buyer and all parties shall be released from all further oblig
150 than rive(5)business days prior to the closing.
151 13.3 DISPOSITION OF ESCROW BALANCE If era ecswhnch fu ds shagetd Seller
pon be transferred to Buyer.losing
152 an amount equal to the escrow funds held by $ $
1$3
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154 .Property Address:
5 14. NEW MORTGAGES: If Buyer executes a mortgage, a!I costs and charges incidental_thereto shall be paid by
1*16 Buyer. Fxcept as heminafter provided, any purchase money note and mortgage to Seller shall follow a form with terms
151 generally accepted and used by institutional lenders doing busineS3 in the county where the Property is located. A
158 purchase money mortgage shall provide for an annual proof of payment of taxes and insuranee.49111tst loss by fire with
l59 extended coverage in an a�rtount not less than.the full insurable value of the improvements. Afirst mortgage and note
160 shall provide for acceleration at the option of the holder after thirty (30) calendar days defatcrcent t'ofrenl$r nttdu°if
161 this shall be ter,(10)calendur days. The note shall provids fo alendar days after the duc date an'A mortgagee has not
162 payment is received by the mortgagee mole than ten t�?D) y encumbered to k all prior liens and
�p P
163 elected to accelerate. Junior mortgages shall require the dwneroc the property e modifications or future advances under any
164 encumbrances in good standing and shall forbid the owner fromP 1;
165 prior mortgages. Any prepayment shall apply against principal amounts last maturing.
166 14,1 PRF-QUALIFICATION: Withinide to Setter a letter days
(fiYa (5)len busineser ng YS f this blon tis not fillof n) 5 e's
167 the ${ft:ctive Date, Buyer shall pro a loan indicated in Paragraph 2.3 of this Contract.if
168 application and credit report,Buyer is prequalified for the mortgage
169 Buyer Fails to provide such letter aprrescnativ and del osits shat be returerminate ned to Bt Ye bt nd ail pawn cs sh ll be released
written notice to
17D the other party or his Authorized K p >? obtainin a loan commitment prior
!7l from all further obligations herein. This right of termination shall cease upon Buyer g
172 to delivery of the notice of tcrrttirtation, cr to a then
173 14.2 APPLICATION AND tQS Contract
nFICCA h1t?N I�onrin�n�upan )3uyersolstaini for g said mortgage financing Upon the
174 Buyers performance undo at suc
05 terms stated, or if none are stated, then upon the terms g_ lnlYsprevailing
a ai days (five (5)busincsst days eif this tblank 15 not
176 Property is located. Buyer agrees to apply within�, diligent effort to obtain mortgage financing- The
177 filled in} after the Effective bad to make
cat u ated to p educe a rejection by any mortgage lender shall be a
178 commission or omissionaet b
of any y Buyer
179 default by the Buyer. on
18o 14.3 RELEASE OF INFORMATION: Buyer authorizes their Mortgage Broker don V�of to Grammrovide iBlileya i
i3l to Buyer, Seller and their Authorized Representatives in accordance to See Y that the Bu er is complying With tbis
0
182 The information to be provided Is limited to information ncccssary t4 verify
183 Contract and that there has been no ruaterial orange in any information provided.buiness days thin (30) business days if
184 14.4 FAIL.Un TO OBTAIN LOAN COMMITMENT: if within 7 (thirty
l85 this blank is not filled in)after the Effective Date,or by Closing Date,whichever a errors sooner,
conditions fails,to obtain
loan
186 loan coramitmtr►t, or after diligent effort Buyer is not able to comp Y h within the time stated for obtaining the
187 commitment,and fiuyer dots not waive Buyers rigbts under this subparagrap
l88 con nitment, thea either party may telttni aal�bern�rned to Buyer ntract lvand all parties shalt ery of written betreleased from aa further
189 Authorized Representative, and deposits
190 obligations herein.This right of termination for failure to obtain a loan cotnrnitment shall cease upon Buyer obtaining a
191 loan commitment prior to delivery,of the notice of tanination.192 15. INSPECTIONS, nPAIR AND MAINTENANCE: Auyer shall have the right, al Buyer's expense, to have tpof,
193 seawall, dock, pool, electrical, plumbing, sprinkler system, window, septic system, radon, ha�zardous substance,
194 environmental, tcnnite/ wood destroying organists, air conditioning and heating sy-gem, mechanical, structural and
195 other p uircd by law) to conduct
196 inspections made by a person WH6 specializes in and holds an maintain
it License {if rtiq
197 home inspections, or who holds a Florida license to repair and maintain the items inspected("professional Inspccior"}.
198 All written reports of Buyer`s inspections.together with the estimated cost of repairs and treatments,shall be delivered
days(fifteen(15)business days if blame is not filled in)
199 to Seller or Seller's Authorized Representative withi organism lnsptction report shatl'be delivered not later than fifteen
200 after the Effective Date except any wood destroying
201 (l5}business days prior to closing date. If such repo and"timatts are not delivered within the stated time,Buyer is
2o2 deemed to have accepted the Property As Is. reports,Seller shall have the right to have inspections of
�,
2o3 15.1 DISPUTES: if Seller disagrees with Buyer's inspectionpo
704 the disputed items made at Seller's expense aYa afinents, shssiomal all inspectors,
delivered to Buyer o f Buyer's Authorized
2GS together with the estimated cost of repairs nives
206 Representative within five (5) business days from then a third Professional lte Seller recelnspector{whose report Shall be binding Seller's
207 inspection reports do not agrtc, the panics shall agree Rev. I tlo4
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208 Property Address.
�z09 The cost of the third Professional Impcctor shall be paid cqually by Buyer an Sella.
to 15.2 DEFECTS; If inspections reveal functional defects, code violations, or termitc/wood destroying organism
21 1 infestation or damage, the cost of treatment and repair shall be at the expense of Seller and shall be performed in a
212 workmanlike manner. '-
213 15.2.1 TERMITE & OTHER WOOD DESTROYING ORGANISMS: Wood destroying orgAliisms are arthropod or
214 plant life which damages and can reinfest seasoned wood in a structure, namely: termites, powder post beetles,
215 oldhousts borers, and wood-decaying'fungi.
716 15.2.1.1 TREATMENT: Seller shall have the Property treated before closing by a licensed peat.control company if
217 required to obtain a clear wood destroying orgtwisms t-epoi;
218 15.2A.2 WOOD DAMAGE: Seller shall repair before closing all wood damage required to obtain a clear wood
219 destroying organisms report.
220 15.2.2 EXCLUSIONS;
221 15.2.2.1 AGE: Age alone is not a functional defect nor are aesthetic defects which inctudc: cracked roof tiles; pitted
222 marcite; !Hissing or torn window screens or scTcen doors(excluding poot or patio screen cnetoaures); togged windows;
223 tears, worn spots and discoloration of floor coverings, wallpapers, window treatments; nail holes; scratches, dents,
224 scrapes, chips and.caulking In ceilitrgs, walls,flooring, tile,fixtures, mirrors; and minor cracks in floor tiles,windows,
225 driveways,sidewalks, pool decks,garage and patio floors.
226 15.7.2.2 CODE: Seller h not obligated to bring any item into compliance with existing building code regulations if
227 such item complied with the building code regulations at the time it was constcuctcd unless necessary to repair a warranted
278 item.
229 15.2.2.3 FENCES & UTILITY .BUILDINGS: Termite/wood destroying organism Infestation or damuage in fences or
23o utility structures more than three(3)feet from any residential structure is not it defect.
231 15.2.2.4 EXISTING TERMITE & OTHER WOOD DESTROYING ORGANISMS WARRANTY: Seller is.not
232 obligated to treat the Property if all of the following apply: A) there Is no visible live infestation and B) the Property
233 bas been previously treated and C)aaslgtnment at closing from Seller to Buyer of a current full-treatment warraaty that
234 has twelve-(12) months to run is accepted by the warrantor and D)Buyer's lender(if any) is willing to close with the
235 above.
0236 15.3 LIMITATION: If the cost of repairs and treatments exceeds (two percent(2%)of the Purchase Price if
237 this blank is not filled in), Buyer or Seller may elect to pay such excess, failing which, either party may terminate this
238 Contract by delivery of written notice to the other party or his Authorized Representative and deposits shall be returned
239 to Buyer and all parties shall be released frrom all further obligations hettin.
240 15.4 wAL1C THROUGH INSPECTION: Buyer is entitled to a walk through inspection immediately prior to closing
241 to verify compliance with this section and to verify that no functional defects have occurred subsequent to the
242 inspections. Seiler warrants that all appliances and machinery included in this sale shall be in working order at closing.
243 15.5 UTILITIES: Seller shall provide utlilty services for all inspections including waLk-thru inspections. All
244 parties and their Authorized Representatives have the right to be present at the time of all inspections and shall be
245 given reasonable prior notice of all inspections.
246 15.6 ESCROW FOR REPAIRS: 1f repairs and treatments arc not completed prior to closing, sufficient funds shag be
241 escrowed at closing to efrect such repairs and treatments unless prohibited by Lender.
248 15,7 MAINTENANCE: Between the Effective Date and the closing, Seller shall maintain the Property, including but
249 not limited to the lawn, shrubbery.and pool in the same condition as it was on the Effective Dam, ordinary weir and
250 tear excepted. Seller shall vacate the Property and remove all furniture and pei3onal items not included in this Sale,
251 and leave the Property in a clean,broom-swept condition before the time set for closing.
252 1 DI
: flex' .
`� adjacent pro rt that isa-a9�ga+nst�altet o�+e
253 or incident on, at, or concemi Y te�+s�o*pe ty--�Y
254 Property to an action or to , , or tnance of cornttt9n4au hrou. This rrpreaentation shall
2$5 -
256 17. INSURANCE: If any hazard or flood insurance policy in force covering improvements on the Property is assumed
257 by Buyer, the premium shall be prorated between the parties. 1f insurance is to be prorated, Seller shalt,at closing,
258 furnish to Buyer all inMurs•tice policies or copies thereof. If insurance cannot be obtained because of tropical storm
259 activity,either party may delay closing until insurance can be obtained.
76o 19. SERVICE CONTRACTS: Buyer may accept or reject continuation of service conrraets, provided the service
261 contracts are a9signable to Buyer.if accepted,the cost thereof shalt be prorated.Any transfer fee shall be paid by Buyer.
• Form#1001 PRO 5orto It*v. 11/01
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262 Property Addrem:
covenants
and warrants that there is ingress and egress to thc,Property Aver
03 19_ INGRESS AND EGRESS: Seiler
4 public or private roads or easements,
265 20. LEASES: Unless indicated under Special Clauses, at closing there shall be no lease or right of occupancy
265 encumbering the Property. if this Contract is subject to leases or rights of occupancy which will eofttinue after closing,
267 Seller shall, ten (10) business days prior to closing, furnish to Buyer copies of all written feasts ix written rights of
268 occupancy and estoppel letters from each tenant specifying the nature and duration of said tenant's occupancy, rental
269 rate, advance rents or security deposits paid by tenant. If5eller is unable to obtain cstopp-el letters from lerII the
270 same information may be fllmished by Seller to Buyer in"the form of a Seller's affidavit. Advance rents shall be
271 prorated and deposits credited to Buyer at closing,
272 21, SELLER'S AFFIDAVIT: Stsllcr shall furnish to.Buyer at closing au affidavit attesting to the absence of arty
273 financing statements, claims of lion or potential Venors known to Seller. If the Property has been improved within
274 ninety (90)calendar days prior to closing,Seller shall deliver to Buycr an affidavit setting forth names and addresses of
275 all contractors,subcontractors.Suppliers and materialmen and stating that r►!1 bills for work on Property have been paid.
276 Buyer may require releases of all such potential liens. The affidavit sh3ll State that there are no matters pending against
277 Seller that could give rise to a lien that would attach to the Property between the disbursing of the closing funds and the
278 recording of the instrument of conveyance, and that Seller has not, and will not, execute any instrument that could
279 adversely affect the title to the.Property,280 22. DOCL)MENTS FOP% DOSING; if applicable, Seller shall cause to be prepared and provided a deed,purchase
28t money mortgage and note, assignment of leases, bill of sale, Seller's affidavjts,FIR-'TA affidavit, survey or affidavit
267 regarding coastal construction control lute, F.S. 161,57, and any corrcctNe instruments that may be required in
283 connection with perfecting the title, Buyer's closing agent shall prrptre the closing statement,
284 23. EXPENSES
I Abstracting prior to closing, governmental lifm searches, cost of obtaining payoff and estoppel
785 letters, state documentary Stamps on the deed and the cost of record�nbeaa fixed corrective
t purchase moneylmortgngcl be paid b�
286 Seiler. intangible personal property taxes and documentary stamps p
2.87 any, or required on any mortgage nuklifieatlon,' the cost of recording the deed and purchase money mortgage and
266 documentary stamps and recordtr►g costs assessed In connection with assumption of any existing mortgage shall be
299 paid by Buyer.
�'90 24, PRORATION: Taxes, insurance,assumed interest, utilities,rents, and other expenses and mvcnue of the Property
� 91 shall b-c prorated through the day prior to Closing. Taxes $lull be prorated on tho current year's tax, if known. If the
292 closing occurs at a date when the currant yeaes taxes are not fixed,and the current year's assessment is available,taxes
293 will be prorated based upon such assessment and the prior year's millage, If the current yews assessment is not
294 available, then taxes will be prorated on the prior year's tax; provided, if there are completed improvements on the
295 Property by January Ist of the year of closing, which improvements were not in existence on January Ist of the prior
296 year, then the taxes shall be prorated to the date of closing basal upon the prior year's millage and at an equitable
297 assessment to be agreed upon between the parties,failing which,requests will be made to the county tax assessor for an
298 Informal assessment taking into consideration homestead exemption, if any. Any tax proration based on an estimate
299 may, at the request of either party, be subsoquently readjusted upon receipt of tax bill. All such prorations whether
300 based on actual tax Of tstitnatcd tic will make appropriate allowance for the maxirt*m allowable discount and Y'or
301 homestead or other exemptions if allowed for the current year. The covenants in this paragraph shall survive the
302 C1aSIng.
303 25. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified goven=ental special assessment liens as of
304 the Effective Date are to be paid by'�Sellcr. Pending liens as of the Effective Datt shall be assumed by Buyer,
305 26. PLACE OF CLOSINQ: Closing shall be held at the office of the Buyer's closing agent if located within the county
306 where the Property is located,and if not, then at the office of Selices 01051rig agent if located within the county where
307 the Property is located, and if not,then at such place as mutually agreed upon, If a portion of the Purchase Price is to
308 be derived from institutional financing or refinancing, the requirements of the lending Institution as to place, time and
309 procedures for closing shall control,anything in this Contract to the contrary notwithstanding.
310 27, PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shalt be recorded and evidence of the title
311 continued at Buyer's expense, ro show title in Buyer, without any encumbrances or changes which would render
312 Seller's title unmarketable, from the date of the last evidence, and the cash proceeds of Sale may be held in escrow by
30 Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than ten(10)
314 business days, if Settees title is rendered unmarketable, Buyer's closing agent Shall, within said ten(10) day period,
315 notify Seller or Senees attorney in writing of the defect,and Seller shall have thirty(30)business days from date of
• Foy afoot
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l b Property Address: 1 �. T t efforts to do so. If Seller falls to timely cure said defect,all
receipt of such notice to cure Sal defect on shall Use
end and within five(5)business days thereafter,�returned to
monies paid hereunder by Buyer&ball, up cr shall vacate the property sad rmoovrY the Property
to Seller
119 Buyer end, simultaneously with such repayment, Say
hts
ape cial wfIrranty deed. If Buyer fails to make timely demand fWrmay be available Shall take tide",As b ,vrs'itUet otf wang rranties
Hies
t20 bybe available to Buyer b�;_ •
e proceeds shall be made in the form of U.S.currency,cashier'8
12l against Seller as to such intervening defect except sage rich in 13roward, Dade or Palm Beach County which
)22 contained in the deed, All prtymtnts including mortgage p tw standin , if title
323 check or cquivslent drawn on s fin nc"sal institution with branche is local d. The foregoing no t3
324 must have at least one branch in the county where tftC I'r�p+:rt title defeats arising bttwoen the effective dale of title
31.5 insurance is available.at standard rates insuring Buyer ss tdY
326 commitment and recording of Buyer's deed,proceeds of sale shall be disbursed to Seller.j closing,
fcssional serbicc fee shall be disbursed simultaneously with disburseruent of Scllees closing
327 Z7,I possession sass occupancy will be delivered to Buyer at closing and funding
328 27.2 The Broker's pro
379 proceeds. -
ith the
330 29, ESCROW DEPOSITS: osits, and to disburse same, in accordance w
331 283 The Escrow Agcnt agrees to promptly deposit and to retain all Dtp
332 terms of this Contract, or as may be directed in writing by Stllet and Buyer,or as tray be directed by a court of competent
333 jurisdiction•
Escrow Agent shall retain the Deposits
disposition re nd� , until a court of competent jurisdiction
334 28.2 If the Escrow Agent shell be in doubt as t0 k&erow Agent's duties hereon
335 until the Seller and Buyer collectively agree in writing to the
336 has adjudicated the rights of the Seller and Buyer thereto Escrow Agent shall comply With the provisions of Chapter 475,
337 28.3 If the Escrow Agent is a licensed real estate broker, the De attment of
be amended from time to time, and with any regulations protrrulgatcd byp
339 Florida Statutes, as may responsibilities of licensed real estate brokers who Shall be in receipt of
339 Professional Regulation pertairtin8 to the dudes sad reSPon
deposit monies. because of acting as Escrow Agent,or in
34p
341 28.4 Any suit between Buyer and Seller where Escrow Agent is made a party because
shall TCCOV r reasonable attomey'S fees and costs
342 any suit where Escrow Agen t intsrpleada the Deposits,l;sc[ow+a8 0
343 incurred by the Escrow Agent from the Deposits; as between Buyer and Seller, each fees and costs shall be charged and
4 asst6sed against the non-prevailing party Party or erson for tnisdch-fm to Buyer or Scller of
W45 28.5 Parties agree that Escrow Agent &bill not ill liable c any h of oract or person
negligence of Escrow Agent.
346 the Deposits, unless such the imprvov ments art damaged byCfr a or other casusllty before delivery of the deed gand can b
347 29, pSSK 01 Ltanti if P
iness days,
348 restored to substantially the same is andithc closing date ar d dat f delivery of possession shall be eof xtended nded accordingly,
349 Seller may restore the irrtprovernencS tang Qx property"As U,,together with ltrsurancc proceeds, If
350 If Seller fails to do so,Buyer shall have the option writtenof resentativc, and deposits
35, any, or (2) terminating this d ntracttb$delivery l be rc cal d f omtail furtherice to lob iptio sire hereer or his in.
Rep
352 shall be returned to Buyer .n P ific written consent of Seller if new mortgage
353 30, ASSIGNMENT: This Contract is not assignable without the spec
354 financing or an assumption of an existing mortgage ig a contingency.
3$5 31. .ATTORNEY FEES AND COSTS: In connection with any
a rrbSellc'coo�prokcr r+helbot entitled t throcovais t all tcts
356 prevailing Parry to the arbitration easier litigation, whelhe y ,
357 incurred including attorneys fees and legal auistant fees for f ells a undrarh shalconnection ve Sermina ion or closing of this
358 proceedings end poStjudgcmenf proceedings.The provisions of this p 8 P
359 Contract. and the BroIt, ker(s)shati be as provided herein
360 32. DEFAULT: If either party defaults,the rights of the non-defaulting party yid as
361 and such rights shall be deemed to be the sole and exclusive rights in such event.
362 32.1 BUYER DEFAULT: If Buyer fails to ptrfsha shall retained by o for the ace untny of the covenants of this tofl5ellcr s oonsiderat on for the
363 deposits by Bayer yursuant to this COMM es and specific
364 execution of this Contract and as liquidated damages And in full settlement of any claims for dames
365 performance by Seller against Buyer, ecific
366 32,2 SF-1,LER DEFAULT: If Seiler fails to perform any of theuoov�nane o�thorCBuyerctshall have the nit of asp c y
367 Buyer pursuant to this Contract shall be returned to Bilye p
368 performance. In addition. Seller shall immediately pay to Broken she still profcisional service fee provided far tot s
369 Contract or separate Listing Contract.
370 Rcv.11101
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R i property Address: d Seller sing out of or relating to this Contract,or a
Cow
or Clsitn between Buyer shall be paid
•32.3 MEWAT10N: Any where the Rcal
a be submitted to mediation prier to arbittatto`nor sthttautbe brought r mediator
t cou ty� R
373 breach thereof, m y of the above prod Ss rbit t
to rncdiation,3I fa ion or litigation-
illy
37a equ by the parties of the mediation. AnY tome and abligatioos.of the covenants
37g property is located and shall be conducted pins PERSONSant to dBCM413' reTu benefits ent is
376 33, CONTRAUf NOT RECORDABLE AND
belts, reprtsentativcs, successors nrul essigns�t�records'e �
377 herein shall iAure to and bind the respectiveMice shall be recorded to�Y pu, or warranty of this
378 permitted)of the pwiies herato. Neither tbis Contract nor VENti No provision, covcnan
379 34. SURVIVAL Op COVENANTS AND Spm-*iy p�.,d herein.
ardin the ability to change the current use of of ko improve the
380 Contraetshall su NCYvive hNorepresentapon is made regarding g and Land pevelopnient Regulation Act(Chapter 163
381 35. CONCURRE nt Com rehonsive plarltlinB
382 Property under the LOC441 Govcrtunc P
tom rthensiva plan or other similar ordinance Promulgated by controlling
3B3 ct seq., Florida Statutes) ar any P
3d4 governmental'authorit'tes in accordance with the Act. ld unless affidavits of compliance with the I.R.S.
11 turtles arc advised that the 1.R.S, code rcquiWt�he Oyer to withhold ten percent(t0%)of the purchase
395 36, FIRPTA, A p certain foreigners. The tax will be
396 price for tax on sales by provided to 13uyer at Oosing-
387 code or an LR.S.qumlifyiag atatetMnt ark
in
3a8'31. DISCLOSURES:
Radon is a naturally occurring radioactive posed fp itr over en tti'meaS�CLevels of radon that erxcgeed
39 sufficient
RADON GAS resent health risks to persons who ere expo
390 sufficiert quantities, may p
guidelines have been found in buildings in Florida Add'tional information regarding radon Sod radon
391 federal and state our county public health unit ing net Efficiency Rating Act
392 tasting may be obtained From Y T NG; "in accordance witlt the
th n building for occupancy located thereon is
393 31.2 ENERGY EFFICIENCY RA 1 the Buyer of Real property
394 (Chapter 553, fart XI, F.S. (1 a the ene efficiency rating determined." Buyer acknowledges receipt of
395 notified that the Buyer may Nava the building'ss System"Disclosuro.
aired to ay additional elo$ing costs,Including but not limited to' attotney's
396 the"Florida Building Energy-Efficiency Rating y
397 37.3 CLOSING COSTS: $user tray be re P iurns, title examination and closing Service fees, Prop"
Of399
97 fees, Casualty, hazard, windstorm and flood trlsumace ptern fees,document preparation fees,
tax , casualty recording cosy,survey costs,Courier fees,tax service ce fees,underwritingLs taxes, and costs o.}sociated with
proration, renniucns for owner sus mortgagee ureic insurance and andorsemants. lion fee.
400 utility search fees, p c a ltcation fee,appraisal fee,credit report far and points or assume
a01 obtaining fir®ncing,such as. pp gives Buyer or Sciler referrals to professional persons,
401 obta SELECTION OF SERVICE PROVIDERS: If Broke but not limiud to, lending institutions, loan brokers,
403 service or product providers or vendors of any type, including,strpost control companies, contractors, and
404 attorneys, title insurers, escrow Companics, ;nvecwrs, structural engineers,
404 home warranty companies(`Provides ),the referrals are gig based on the following diendedrby es
406 37.4.1 Buyer and Seller are free to select Providers otherci thO provider perfoservices related to this Contract,
407 37.4.2 If Buyer or Seller in Btu A thori�WMscn ai tive for the account of Sayer or Seller,
40S Broker makes such arrangements only ortrattcc of any Providers. -
409 37,4,3 Broker does not guarantee the pelf
which are defects not readily observable, then Seller is
410 38. DISCLOSURE OF LATENT bgpEC7S:Seller specirfttcally acknowledges and understands that if Seller o the
411 latent defects materially affecting the value of the ProPe y y
412 under a duty to disclose said latent defects to Buyer. ScIle vepbecn separately disclosents that if Seller sed by Seller to Buyers Seller and
413 are sot tortb ru writing under"Special Clauses below or, m the inaccuracy of this infartna t
Ort
41 Buyer agree to indemnify writing
n and hold hsnnleu Broker from damages resulting fro
to the extent that Broker was aware of such latent defects and did not disclose same to Buyer. The covenants in
415 except cmerlts or
416 this paragraph shall survive the closing. recment of the parties and no afire
417 39, FINAL AGREEMENT: This Contract represents the final ag written Provisions shall
419 representations, unless incorporated into this Contract, shall be binding ty the parties. Type
419 supersede printed provision s and handwritten provisions=e may beinserted ont this aforrtt or attacnd/or printed hed Provisions,
ieto asuan
P
420 haadwrlrten or typewritten provisions as arc appropna Y
421 addendum. Whenever used, the singular ntrunhcr shall include the plural, the plural the singular, and the use o any
422 gander shall include all genders.
423
Rev. 11f0I
page!!of 10
Form#1001
FEB-16-2004 MON 04:03 PM FAX NO. 954 921 1247 P. 13
o
03/20/2000 22:53 9545267773 DANIA BEACH REALTY PAGE 10
424 Property Address:
SPECIAL CLAUSES: apartments',THE
1. For all properties whleh arc not condominiun'inco or oo erat into and made a pan QMh►oContract. 13uj(p should not
f Me
COMMUNITY �715CLOSURE SUMMARY 16 incorporated
428 executc this Contract unril buyer hers received and read the DiSoloSurc Summary.
429 IF THE I3ISCLCISURE Sl7MMARX REOUIkED BY SECTION 689.16, I+LORIDA STATUTES, HAS NOT
nRACT FOR
430 BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE
DE iYERYNG Te SELLER OR SELLER'S
431 SALE, THIS CONTRACT IS VOIDABLE aY DUBITHIft 3 DAYS AFTER
433 RECEIPT
WRITTEN DISCLOSURE SUMMARY Olt R&OR TO CLOSING, WHICHEVER OCCURS FIRST
ENTION TO CANCEL W
433 RECEIP'x OF THE DISCI.Q
434 ANY PURPORTEI) WAIVER OF THIS VOIDARRATY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO
433 VOID THIS CONTRACT SHALL TERMINATE AT CLOSING,
436
437 MUL'IUIL?- OFFERS MAY BE RECEIVED ON THE PROPIrR1`1l ON WHICH YOU A
438 CUPRENTLY MAKING AN OFFTIL THE SELLEg IS UNDER No OBLIGATION TO
439 SELLS '$ D SCRRETIO IN THEN AS OWgICH FFERR,, IF ANY, THEEY C�OSE TO ACCEPT OR
440 SELLER'S DISC
441 COUNTER AT ANY GIVEN TIME,
442
443 _
444
445
446 A -G hrL AciQ a
447 UAl ,%*
10l�448 p'2To Iartia 1c�.
449-ihtt 1�
45 41
0,53SZ / J
454 'UGviw �jo.) l..�Z*l fflL�
455 J
456
458
459 r
460 -
461 'a
462
463
461
465
466
467 ADDENDUM(S) ATTACHED; CHECK ALL THAT APPLY
469 { ) AS-IS Addcndum ( ;) Homeowners'AssoC.ICornmunity Disclosure Summary
469 { ) Coastal Construction Control Line Waiver ( ) interest-Bearing EScroly AgrcernOnt
470 ( ) Condominium Addendum { )
Lead-Based Paint Disclosure
471 ( ) FHA/VA Addcndum ( } Option To PurchAse Addendum
472 ( ) FiRPTA Addendum ( } Seller's Disclosure
473 ( ) HomCowners' Association Addendum O Other;
• Formxt001
File 9 of 10 Stcr.1 UOt
FEB-16-2004 MON 04:04 PM FAX NO. 954 921 1247 P. 14
0?/2e/2000 21:04 9549267773 DANIA BEACH REALTY HA(aL U1
Addre / ' Date_—
474 Pr BUYBR
operty '{ Y ��-- ^"
ER Date�,�C`T� .
qj BUY Printed Name •
y 476 Printed Name Social Security or Tax
477 Social Security or-Tax I.D.# —
478 Address - --.. Fax
Fax#. L�
479 Tele.#: L-��-»� be held subject to this Contract; if cheek.subject to clearance.
480 DEPOSIT RI?CEIYED ��---- By (signature):
481 Deposit Received By (prittt name)' business day.
482 for delivery to Escrow Agent within one(1) y proves and accepts the offer
pGCEpTANCE OF CONTRACT & PROFESSIONAL SERVICE FF, Srlle�hereb approve, ds Listing Broker.
483
484 contained herein and recognizes �1
495 Address: Salesperson.Public MLS ID #
Broker MLS ID# � .�----^ as Belting Broker,
486 Tcic. # 1 - ~
--------------------
487 and recognizes r� lJ
488 Address:
489 Tele. #
} 1 Broker MLS iD# Salesperson Public ML
490 (C IE("K and COMPLETE THE ONE APPLICABLE)
' 49l 1F A WRITTEN I..ISTING AGREEMENT 1S CURRENTLY IN EFFECT:
492 Seller agrees to pay the Listing Broker named above according to the terms
ail ofperform andseParate depos writtcn
retained, 50%
493 service fee agreement: as per MLS # _. If B y
e divided between 494 thereof, but not exceeding the professio Selling
nal 5try 1 dinalicob tsee evenly
by Brokers, and Listing
balance shall be paid
49S Brakcr, as full consideration for Brokers servtces including g
496 to Seller.
497 OR
498 ( )IF NO WRITTEN LISTING AGREEMENT 15 CURRENTLY IN EFFECT:
499 Seller shall pay the At-okers named above,
ss Purchase Price OR S at closing, from the proceeds of the svie, a total professional steo i rakcrosf
t)a (COMPLETE ONLY ONE) _-,��..,„,^% of the gro
•
FEB-16-2004 MON 04:04 PM FAX NO. 954 921 1247 P. 15
04/03/2000 01:09 9S49267773 MANIA BEACH REALTY PAGE 02
® ADDENDUM TO CONTRACT
FOR SALE AND PURCHASE OF REAL PROPERTY
This Addendum To Contract shall amend,modify and be a part of that certain Contract For Sale and
Purchase of Real Property (Contract) by and between CITY OF DANIA BEACH. as Seller and
ARNOLD NEARN, as Buyer, dated December 18, 2003 ,to which this Addendum is attached.
Buyer and Scllers agree as follows:
1. Both parties are aware of,and Seller has disclosed to Buyer,the existing environment condition
of the subject property described as Lots 5,6,7, 8,9 and 10 of MCKENZIE EYSTER ADDITION
aWa 1500 block of S. Dixie Highway,llama Beach,Broward County,Florida which condition to
the best of Seller's knowledge is described in the Phase I Environmental Property Assessment Report
dated October 25, 1993 and:Phase II Environmental Property Assessment Report dated June 13,
1994 prepared by Nutting Environmental of Florida, Inc.
2. Seller does not provide any assurances or warranties to Buyer as to the condition of the subject
property or any adjacent property with regard to environmental contamination or liability tinder any
law, rule, ordinance or common law theory.
CITY OF DANLA BEACH
`
Ait
OL NEARN (Buyer) i~ IV , Ci Manager (Seller)
Dated; December, ,2003 _ Dated:December 2- 2003
FEB-16-2004 MON 04:04 PM FAX NO. 954 921 1247 P. 16
02/16/2004 10t27 9549267773 DANIA BEACH REALTY PAGE 01
=µr,.,.�. , • ,.Gay".
Addendum No. ! to the Contract dated
15gtw98f1
and 't• -��=-g9�J� - ��`� 44 (Buyer)
concomrng the propo ly described as:
(th® 'Contract's. Buyer and Sailer make the fottowin®terms and conditions part of the Contract:
T c5,t 7 M=,CCo
v
r.
Date; Buyer;
!Date: Buyer.
y
Date: Seller.
Date; Seiler; # +
4'
n `_ Q•
f ,, is avdtabia for L4*by dw errors rod astwa 'y lied is not b Itm ed lb iderlNfy tlroo UdaY eQ a i�cALTPra.l�r.raw b a Ie¢mterad ogoweve mpmboro* C:
P}ltet rrWy be I .OrTfy icy real Wbft rkm W V410 am rrmwr* m OQ&w fdaWnd/fIssocimgm o1 MRs w wo and v&jo wAbCQiaa to it Code of E�.• r
rt,o-WAM fnwa of tfte Untied`!area(17 U.B.Cacti)if x the traLOwered gxad jctbn of Ua*fours by ary rr: s bxiudrp%-r11a or OUTOAwimd forsrr3_
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REALTORO
FEB-16-2004 MON 03:58 PM FAX NO, 954 921 1247 P. 01
Rvan & Ryan, TIC Archie J. Ryan III
tL„(1 FluorTimothy Al. Ryan
700 1;z t Dada 13—cl, 13o-101---d ChristopherJ. Ryan
D:ukia, Flaritl.., 33004 Joshua S. Pinsky
(954) 920-2921
(954+) 921.-1247
F-A-X- CovER SHEET
1,AX NUIA RF,R ' 1"ANSMfI fF,D W, (954 ) 921-2604
To: Myriam Nasser, Acting City Clerk
I,rd111: Timothy M. Ryan, Esq.
Client/Matter: City of Dania Beach sale to Arnold Nearn
1506-1510 S. Dixio I Highway, Dania Beach, FL
Date: February 16, 200
DC.)CUIvIEN7S NiTi�� B R M,
--...
Resolution 3
Contract & A.ddendums 12
C0Myt'ITN'L'S:
Enclosed is the Resolution approving, and accepting the contract between Arnold Nears as
purchaser and City o1'Dania Beach as seller for the above-referenced surlplus property, Please
schedule this iten, on the City Commission Agenda for Tuesday, February 24°'
1Cyou need anything further from my office on this matter, please contact us as soon as possible.
Also enclosect is a copy of the fully executed contract and addendum to contract.
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'rlle information contaitiecl in the Tzcsitilile message is lc�ally privileged and confideritia
infortn.ltion intended 0111y for thL1 Use of the individual or entity natiied above, If Clio
MIder Of this massage is not the intended recipient, yott are hereby notified that any
dissem"trintion, distribution or copying of t1ii5 comn-lunication is strictly prol-iibited. If
you have received this corrum.,nlcltton in error, please irlunediately notify us by
i.elepholic. 'Flial,lzz yo«.
® 11:YOU DO N0'r R[�OWL:All,PAGES, PLL SE I l:l :THON1 US lm,b41-DTAT1 lY"AT(954) 920-?9?1.
Page 1 of 1
Nasser, Miriam
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From: Lucie Sellors [Isellors@ryanlawfl.com]
Sent: Monday, February 16, 2004 4:08 PM
To: Nasser, Miriam
Subject: City Commission Agenda for Tuesday, February 24, 2004
As a follow up to our telephone conversation at the end of last week, attached please find Resolution approving
and accepting the contract between Arnold Nearn and City of Dania Beach for surplus property located at 1506-
1510 S. Dixie Hwy, Dania Beach.
Mr. Ryan would like this item scheduled on the City Commission Agenda for Tuesday, February 24th.
As always, thanks for your help and if you need anything further, please let me know.
Lucie Sellors, Legal Assistant to
Timothy M. Ryan
2/17/2004