HomeMy WebLinkAboutProperty_Bill of Sale_04/21/1999 CONTRA.�:T FOR SALE AND PURCHASE FLORIDA ASSOCIA'CION OF REALTORSOO AND TFIE FLORIDA BAR
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Y.�:�zrrr.s: Vi•llage of Tequesta ��� Seller" �, F�-ss�
�r 35 Te Drive, Te Florida 33469 (Phone) 575-6234 ,�
��a �i7aw Properties , Inc ., a Florida Corporation ��� Buyer" >,
ot�_ 222 U. S. Highway One, Tequesta, Florida 33469 (Phone)744-5555 y°�'°^'
, �Ea�,�r�,��
h�;�eby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively "Property") pursuant to the tei7ns and conditions oFthis Contracl
ior Sale and Purchase and any riders and addenda ("Contract"):
1. DESCRIY"I'ION:
(a) Legal description ofthe Real Property locat�ed inP 3lIil $@3CY1 County, Plorida:
_Parcel 1 and Pacel 2, �er attached leaal description
(b) Street address, city, zip, of the Properry is: �2_ �,�Hi �}i y� �
c Personal Pro ert �'
�) p Y I�IOriE, vacant 13I7�,___
.
r�. Yuiicxas� ruicF � �6 , 9 3 7. 0 0
.....................................................
PAYNI�NT: .............
(a) Dcposit hcld in escrow by Da ver sa and Mar_ty P. A. (t:scrow Agent) in the amount ot�$ _____.__ l 693 .30
(b) Additional escrow deposit to be made to I�scrow Agent within _ days after 1�3ffective Dute (see Paragraph I11) in the amo�mt of
(c) Subject to AND assumption of existing mortgage in good standing in favor of __
having an approximate present principal balunce of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �
---
(d) New mortgage tinancing with a Lender (see Paragraph IV) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(e) Purchase money mortgage and note toSellpr (seG rider for tem�s) in the amount of . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(t) Other: ' � '
$
(g) Qalance to close by U.S. cash or LO("ALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations .............$ 15 , 2 4 3. 3 0
Ilf. "I'InIEFORACCEYTANCEOFOFFER;ERFI�:CT[VEllA"I'E;FACSIMILE: 1f�thisofferisnotexecutedbyanddeliveredtoallpartiesORFACTOFEXECUT10Ncommunicatedinwritin�
betweenthepartiesonorbefore� r1 ��Sf _h� � ��9 ,thedeposit(s)will,atBuyer'soption,beretwnedandthisofferwithdrawn.Forpurposesofdeliveryornoticeo
execution, parties include IIuyer and Seller or each of the respective brokers or attorneys. The daTe of Contract ("Effective Date") will be the daTe when the last one of the Buyer and Seller
has signed this offec A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original.
IV. FINANCING:
�(aj This is a cash transaction with no contineencies for financing;
[](b) 1'his Contract is conditioned on Buyer oUtaining a written loan commitment withinn� a days atter rffective Date for (CHECK ONE ONLY): (] a tixed; [] an adjustable; or []
�ixed or adjustable rate loan in the principal amoun[ of $ , at an initial interes[ rate no[ to exceed %.
discount xnd origination lees not to exceed % ofprincipal amount, and for a[crni ol' years. f3uyer will make application within days (5 days if left blank �
alter Lflective Date and use reasonabie diligence to obtain a loan commi�men[ and, thereafter, to satisfy terms and conditions of the commitment and close the loan. Buyer shall pay all loan
expenses. If Buyer fails to obtain a commitment or fails [o waive Buyer's rights under this subparagraph within the time for obtaining a commitment or, atter diligent efforl, fails to meet
the [erms and conditions of the commitment by the closing date, then either party thereafter, by written notice [o the other, may cance] this Contract and Buyer shall be refunded the deposit(s); or
[](c) The existing mortgage, described in Paragraph 11(c) above, has: [] a variable interest rate; or [] a tixed interest rate of % per annum. At time of title transfer,
some �ixed interest rates are subject to increase; if increased, the rate shall not exceed % per annum. Seller shall furnish a statement from each mortgaoee stating thc
principal balance, method of payment, interest rate and status of mort�age or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage which require
approval of Buyer by the mortaagee for assumption, then Buyer shall prompdy obtain thg necessary appl ication and diligently complete and retum it to the mortgagee. Any mongage charge(s
not to exceed $ (1 %ofamount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or the requirements for assumptioi
are not in accordance with the terms of Ihis Contraci or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the
other pany unless either elects to pay the increase in interest rate or excess mortgage charges.
V. TITLE EV IDENCE: At Icast �. � days before dosing date, (CHECK ONLY ONG): [] Seller shall, at Seller's expense, deliver to Buyer or Buyer's atrorney; or� j Buyer shall at Buyer'
expense obtain (CHIiCK ONLY ONB):[ jabstract oftitle; or[XJ tide insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an
owner's policy of [ide insurance.
VL CLOSING UATE: This transaction shall 'oe closed and the closing documents delivered on Ma� 6, 19 9 9 , unless modified by other provisions
cY this Contract.
V I I. RESTRICI'IONS; EASEDIENTS; LIi�1I"I'ATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed 6�
go� e�nmental 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
utility easements of record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 I/2 feet in width as to thz side
lines, unlessothertivisestatedherein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum);
provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for Commere i al ( C- 2 Zoning) purpose(s).
VII[.00CUP.ANCY: Seller wanants 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
and the tenant(s) or occupants shall be disdosed pursuant to Standard F. Seller shall deliver occupancy of Yroperty to Buyer at time of closing unless otherwise stated herein. If occupancy
is to be delivered before closing, Buyer assumes ali risks oF loss to Property from date of occupancy, shall be responsible and liable For maintenance from that date, and shall be deemed
w have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein.
IX. "CYPEWRI"I'TENORHANDWI2[TTP:NPROVISIONS:Typewrittenorhandwrittenprovisions,ridersandaddendashallcontrolallprintedprovisionsofthisContractincontlictwiththem.
X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract):
[] COMPKEHENSIVE RIDER [] HOMEOWNERS' ASSN. [] COASTAL CONSTRUC"CION CONTROL L[NE
[ ] CONDOMINIUM [ ] "AS IS" [ J INSULATION
[ ] VA/FI�A [ ] LEAD-BASED PAiNT [ ]
XL ASSIGNAf3ILITY: (CfIECK ONLY ONE): E3uyer [] may assign and thereby be released fiom any further liability under this Contract,[ ] may assign but not be released f'rom liability
under this Contract; or [� may not assign this Contract.
XI1. DISCLOSUI2ES:
(a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may presenthealth risks to persons who are exposed to it overtime. Levels ofrador
that exceed federal and state guidelines have been found in buildin ��s in Florida. Additional information regarding Radon or Radon testing may be obtained from yuurCounty Public Health unii
(b) Buyer acknowledges receipt of the Florida F3uilding Gnergy-Efticiency Rating System Brochure.
(c) !f the real property includes pre-] I7b residential housing then a lead-based paint rider is mandatory.
(d) If Szller is a"foreign person" as detined by ihe Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
(e) lf f3uyer will be obligated to be a member of a homeowners' association,E3UYER SIIOULD NO"1� EXECU"1'E T11IS CONTRACT UNTIL I3UYER HAS RECEIVED AND 2EAU "I'fiE
HOMF.OWNERS' ASSOCIATION DISCLOSURE.
XIII.NIAXIMUM REPAIR COS'I'S: Seller shall not be responsible for payments in excess of:
(a) $ Cor treatment and repair under Standard D(if blank, then 2% of the Purchase Price).
(b) $ ii;; :..: n;9 ;'^^Pmer.t un{l�r S?::nriard N�ifblank. tlien 3i� uf'd�e I'urchasz i'rice).
__- - .'.f:.:.. .� '�1..... _.
X1V. SPI?('1:�{, ( .4DD.iNi:�: Il a�ditioual te�ms are to l�e provided, attach addendum and CIII:CK HERE [xJ.
XY. S'I'ANDAi2DS F012 REAL ES"I'A'CE "I'RANSAC'I70NS: S�andards A through W on the reverse side or attached are incorporated as a part of this Contract.
"1'HIS IS IN'CENUED TO BE A LF.CAL.LY 131NllING CONTRAC;'P. IF N07' FULLY IJNDF:RS"I'OOU, SEEK TI3E ADVICE OF AN A"I"CORNEY YRIOR TO S[GNING.
'I'HIS f�012M HAS BEF,N APPROVED BY TF�E FLORIDA ASSOCIATION OF REALTORS AND TH� FLORIDA ]3AR.
Approvn! does not constitute nn opinion tha[ �iiry o(�he �errris and eonditio�is in this Cond�act should be aa•epted by the panies in a partica�lar h�nnsaction. Terms nnd conditions should
be nego�in�ed base�� �ipon lhe respecrive inleres�s, objectives nncl brngaining posi�ions of al( interested persons.
,.� CUPyt'.IGHT 1998 BY TIIG FLORIDA BAR AND'I'HE Fl_ORIDA ASSOCIATION OF REACI'ORS
,.
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/ �_;. _;� ��_ ,-:_c:,.. 04 9�99 : ���:`�� - ��
(�«y� Robert J: Shaw, Pres. (Dace) �s�iie�) Thomas G. Bradford, Vi � te
Social Security or Tax I.D. # Social Securi[y or'I'ax I.D. # (�)
i-
(Buyer) (Date) (Seller) �� __ (Date)
Sucial Security or"Cax I.D.# Social Securify or" x I.D:-#� _
Deposit under Paragraph II (a) received; IF OTtIER "fI�iAN CASH, THEN S1113JEC'I TO C:[.EARANCE. D� V�°'�"� 3Zt' `'NI "r' '�f P��1�. (Escrow Agent)
I3RCKE;R'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers eMi[led ro compensation�in connection with this Con[ract:
'_.% � �, ,�
Nrme: � -----�°--' `
Cooperating 13rokers, �r a�yThere 1S 170 broker invpLJ�� Listing l3rokcr
FAIt/I3Al2-5 Revised 8/98
STANDA��S FOR REAL ESTATE TRAP CTIONS �'YER'S/SELLER'S INITIALS /
�. EV�,DE:?CE �F TITLE: (1) An abstract of title prepared or brought cunent by a reputable and e�cisting abstiact firm (if not existing then certified as correct by
an existin firm) purporting 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 �ropert�y is locate7 through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the count . Upon
closing of this (;ontract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2�A fitie
insurance commitment issued by a F7orida licensed title insurer agreeing to issue Buyer, upon recording of the deed fo Buyer, an owner°s policy of title insurance
in t,,e amount o t e purchase price, insuring Buyer's title to the Real su6ject only to liens, encumbrances, exceptions or qualifications provided in this
Contract and those to be disc6arged b�p Seller at or before closing. Seller s�all convey marketable title sub'ect only to liens, encumbrances, exce�ptions or
qualifications rovided in this Contract. Marketable title shall be determined according to applicable Title Standar�s adopted by authority of The Florida t3ar and in
accordance wi�h law. Buyer shall have 30 days if abstract or 5 days, if title commifinent, t"rom date of receiving evidence oF title to examine it. If title is found
defective, Buyer shall within 3 days thereaffer notify Se�ler in writmg specifying the defect(s). Tf defect(s) render title unmarketable Seller will have 30 days
from receipt of notice to remove the defects, failing which Buyer shall, wrihin five . (5� days after expiration of the thirty (30) day perio�, deliver written notice io
Seller either: (1) extending the time for a reasonable period not to exceed 120 days with�n which Seller shall use diligent effort to remove the defects; or (2) requesting
a refund of deposit(s) paid which shall be immediateCy returned to Buyer. If Buyer fails to so noqfy Seller, Buyer shaU be deemed to have accepted the title as �t then
is. Seller sha(C, if 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, B_u� yer shall either waive the defects or receive a refund of deposit(sl, thereby releasing Buyer and Seller from all further oblgation under this Contract.
B. PURCtIASE MONEY MORTGAGE; SE�URITYAGREEMENT TO SELLER A purchase money mortgage and mortg�aqe note to Seller shall provide for a 30-day grace
period in the event of default if a first mortgage and a 15-day grace period if a second or lesser mortgage; shatl provyde for right of prepayment in whole or m part
without penalty; shall permit acceleration in event of transfer of the Reat Property; shall re�uire all pnor liens and encumbrances to be kept in good standing and
forbid modi�cat►ons ot�or future advances under prior mortgage(s); shall require Buyer to main ain �olicies of insurance containing a standard mortgagee clause covering
all improvements located on the Real Property a amst fire and all perils included within the term extended covera e endorsements" and such other risks andpe rils as
Seller may reasonable require, in an amount equa� to their highest insurable value; and the mortgage, note and secun�y agreement shali be otherwise in form and
required bySeller; but Seller may only require clauses and coverage customarily found in mortgages, tnortgage notes and security agreements generally utilized bysavings and
loan institutions or state or nat�onal banl:s located in the county wherein the Real Property is located. AIl Personal Property and leases being conveyed or assi nea will
at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final paytnent vn�l excee�
the periodic paym ents thereon.
C. SURVEI': 13uyer, at Buyer's eacpense, within time allowed to deliver evidence of title and to examine same, may have the Real Proper[y surveyed and certified
bya registered F7orida surveyor If the surveydiscloses encroachments on the Real Property or that improvements located fhereon encroach on setback lines, easements, lands
of others or violate any restricqons, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
D. TERMITES: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title, may have the Property inspected by a F7orida Certified Pest Control
Operator "O rator" to determine if there is any visible active termite infestation or visible damage fmm termZe infestation in fhe Property. If either or both are
found, Buyer s a ave 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 contractor. Seller shall pa y 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 of canceling this Contract within 5 days after receipt of contractor's repa�r estimate by
giving written notice to Seller or Buyer may elect to proceed with the transaction, and receive a credit at closing on the amount provided in
Yaragraph��XIII(a). "Termites" shal! be deemed to include ali wood destroying organisms required to be reported under the F7orida Pest Control Act, as amended.
E. INGIiESS AIJD EGRESS: Seiler warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
in Para ra_ph VII hereof, title to which is in accordance with Standard A.
F. L�SES: Seller shall, not less than 15 da�s before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant
speci� ng the nature and duration of the tenant s occupancy, rental rates advanced rent and security deposits paid by tenant. If Seller is unable to obtain
such Ietter from each tenant, the same information shall be Iurnished by S'eller to Buyer within that time period tn the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information. Selier sha]], at cIosing, deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attestmg to the absence, unless othenvise provided for herein, of any Einancing
statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for days
immediately preceding date of closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construct�on liens
executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such general
contractors,, subcontractors, suppliers and materialmen, further affirmin that all charges for improvements or repairs which could serve as a basis for a construction
lien or a cla�m for damaQes have been paid or will be pa�d at the closin o� this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein �e Real Property is located at.the office of the attorney or other closing agent designated by Seller.
I. TIME: In computing time per�ods of less than six (6) days Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided
for herein which sha!! end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 �.m. of the next business day. Time, is of the essence �n this Contract.
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant
and mort agee estoppel letters and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security a reement and financing statements.
K. EXP�SES Documentary stamps on the deed and recording,of corrective mstruments shall be paid 6y Seller. Docuinen�ary stamps and intangibie tax on
the purchase money mortga�e and any mortgage assumed, and recordmg of purchase money mortgage to Seller, deed and financing statements shall be paid by the f3uyer.
Unless otherwise provided y law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and
settlement and closing' fee shall be paid by the party responsible for furnishing the titie evidence �n accordance with Paragraph V.
L. PRORATIONS; CRE�ITS: Taxes, assessments, rent, interest, .insurance and other expenses of the Property shall be prorated through the day before
closing. Buyer shall have the option of taking over existing �licies of, insurance if assumable, in which event premiums shall be prorated. Cash at closing
shall 6e increased or decreased as may be required by_prora ions to be made tlirough day prior to closing or occupancy if occupancy occurs before closing.
Advance rent and security deposits will be credited to Kuyer. Fscrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on
the cunent year's tax with due allowance made for maximum allowable discount, homestead and otlier exemptions. Tf closing occurs at a date when the current year's
millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's miilage. If current year's
assessment is'not available, then taxes will be prorated on�prior year's tax. If there'are completed improvements on the Real Yroperty by January lst of year
of closing, which improvements were not in ex�stence on Tanuary lst of prior year then taxes shail be prorated based upon prior, year's millage and at an
e uitable assessment }o be agreed upon between the parties; failing which, request shall'be made to the County Pmperty Appraiser for an mformal assessment taking
in�o account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt
of tax bill on condition that a statement to that effect is signed at closin�.
M. Sl'ECIAL ASSESSMENI' 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 date of closing s�iall be assumed by I3uyer. If the improvement has been substantially completed as of Effective Date, any pending
lien shal! be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to �he last estimate or assessment for the
improvement by the�pu�biic body�.
N. INSPECTION, I�N:PAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing the ceiling, roof (including the fascia and soffits) and
cxterior and interior walls, foundation, seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE oE lealcs, water dama e or structural damage and that
the septic tank, pool, ali appiiances mechanical items, heating, cooling, elecfrical, plumbing systems and machineryare in WORKING CON�ITION. The foregoingwarranty
shall be limited to the items specified unless otherwise provided in an addendum. Buyer may, at Bu . er's e�cpense, have inspections made of those items by a firm or
individual specializing in home inspections and holding an occupational license for such purpose �f re uired) or by an, appropriately licensed Florida contractor.
Buyer shall, prior to Buyer's occupan�cy or not less than 10 days prior to closing, whichever occurs �rs�, report in writin to Selfer such items that do not meet
the above standards as to defecfs. Unless Buyer timely reports such defects, Buyer shall be deemed to have waive� Seller's warranties as to defects not
re�orted. If repairs or replacements are required to comply with th�s 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 a cosmet�c nature 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 may elect to pay such excess, failing which either party may cancel
this Contract. If Sel�er is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at elosin . Seller shall upon reasonable notice,
provide utilities service and access to the Property for inspections including a walk-through prior fo closing, to confirm tha� all items of �'ersonal Property are on
ihe Real Property and, subject to the foregoin�, that all require� repairs and replacements have been made and that the Property, including, but nol limited to,
lawn shrubbery a�nd pool, if an� y, has been maintamed in the condition existing as of Effective Date, ordinary wear and tear excepted.
O. I�ISK OF L(.)SS: If the l�ro�erty is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation
uf the Property so damaged cos of restoration shatl be an obli ation of the Seller and ciosing shall proceed pursuant to the terms of this Contract with restaration
costs escrowed at closing. �f the cost of restoration exceeds �% of the assessed valuation of the Property so damaged, Buyer shali have the option of either
takin� the Property as is, to ether with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this Contract and
receiving return of fhe de� posit�s).
P. PROCEEDS OF SALE; CL(SSING 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 Buyer's expense to show title in Buyer, without any encumtrrances or change which would render Seller's title unmarketable from the date of the
last evidence. All closing proceeds shall be held in escrow by Selier's attorney or other mutually acceptable escrow a ent for a period of not more than 5 days
after closin date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the S�ay period, notify Seller in writing of t6e
defect and �eller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) and
closing funds shall, upon written demand by Buyer and witFiin 5 days after demand be returned to Buyer and, simultaneously wrth such repayment, Buyer shall return
the Personal Property, vacate the Real Property and reconvey the Property to Sel�er by special warranty deed and bill of sale. If Buyer Fails to make timely demand
for refund, Buyer shali take title as is warvin all ri hts against Seller as to any intervening defect except as may be availabie to Buyer virtue of warranties
contained in the deed or bill of sale. �f a por�ion o�the purchase price is to be derived from institutional financmg or refinancing, requirements oF the lending
institution as to place,. time of day and procedures for closing, and for disbursement of mortgag�e proceeds shall control over contrary provision in this Contract.
Seller shall have the nght to require from the lending institution a written commitment that if will not withhold disbursement of mortgage proceeds as a resuit of
any title defect attributablb to Buyer-mortgagor. The escrow and closing procedure required by this Standard shall be waived if the title agent insures adverse matters
� ursuant to Section 627.7841, F.S., as amended.
. ESCROW: Any escrow agent ("AQent") receiving funds or equivalent is authorized and agrees by acceptance, of them to deposit them promptly, hold same
in escrow and subJ'ect to clearance,�'isT�urse them �n accordance with terms and conditions of this Contract. Failure of funds to clear sha[I not excuse Buyer's
performance. �f in doubt as to Agent's duties or liabilities under the provisions of this Contract, A ent may, at Agent's option, continue to hold the subject matter of
�he escrow until'the parties hereto agree to its disbursement or until a judgement of a court o� competent jurisdiction shall determine the rights of the parties,
or Agent may deposit same with the clerk of the circuit court having junsciict�on of the dispute. Upon notitying all parties concerned of such action, all tiability
on the part of Agent shall fuliy terminate, except to the extent of accounting for any items previousyl delivered out of escrow. If a licensed real 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, or in any suit wherein Agent interpleads the subject matter of zhc: escrcvr, Agent shs!! recover reasonable attorney's fees and costs incurred with
these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the preva:9:ng psrey. The
Agent srrall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelrvery is due to
willful breach of the provisions of this Contract or gross neg(igence of Agent.
R ATTORNEY'S FEES; COSTS: In any litigation, including breach enforcement or interpretation, arising out of this Contract, the prevailin party in
such litigation, which, for purposes of this Standard, shall include Se�ler, Buyer and any brokers actin in agency or nonagency relationships aut�orized by
Chapter 475 F.S. as amended, srall be entitled to recover from the non-prevailing party reasonable attorney�s�es, costs and expenses.
S. FAILUR� OF �ERFORMANCE: If Buyer fails to perform this Contract w�thm fhe time spec�fied, inclufin paym ent of all deposits, the deposit(s) paid by Buy er and
deposit(s) agreed to be paid, may be recovered and retamed by and for the account of Seller as agreed upon (iquida�ed damages, consideration for the execution of this Contract
and in full settlemenf of any claims; whereupon, Buyer and Seller shall be relieved of all obligafions under t�iis Contract; or Seller, at Seller's option, may
proceed in eyuity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Selier's title marketable after diligent
effort, Seller iails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's depos�t(s)
without thereb waivin�g_anp action for dama es resulting from Seller's breach.
T. CONTRA�NOT Ii�CURDABL�; PER�NS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall
bind and inure 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 rven by or to the attormey For any party shall be as effective as if given by or to that party.
U. CON�YANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representative's or� uardian's deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those othenvise accepted by Buyer. Personal Yroperty shall, at the
request of the Bu er be transfened by an absolute bill of sale with warranty of title, subJ'ect only to such matters as mayl�e othenvise pro�nded for lierein.
V. OTHER AG��MENTS: No�rior or present agreernents or representations shall be binding upon Buyer or Seller unless mcluded in this Contract. No
modification to or change in this ontract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
W. WARRANTY: Seller warrants that there are no facts known fo Seller matenally affecting fhe value of the Property wh�ch are not readify observable by
Buyer or which have not been disclosed to Buyer. .
Rev.12/95 COPYRIGHT 1995 THE F40RIDA BAR AND THE FLORIDA ASSOCIATJON OF RFAL1'ORS� v �SER Generated by Display Systems, lnc. (941) 763-5555
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P ARCEL 1: T3.iE EA�T '�2•°� � FEET OF THE SOUTH 18 PARCEL 2: TOGETHER WITH THE EAST 28.5 FEET OF
FEET OF A PARCEL OF LAND IN SECTION 30, THE NORTH /yy 31�FEET OF TxE SOUTH 300 FEET OF
'TOV7NSHIP 40 SOUTH, F.ANGE 43 EAST, PALM EEACH A PARCEL OF LAND IN SECTION 30, TOWI�'SHIP 40 '
COTJNTY, FLORIDA, M_ORE PARTICLTLARLY DESCRIBED SOUTH, RAIJGE 43 EAST, PALM BEACH C_'OUNTY,
AS FOLLOt•IS; FLORIDA, BEINC MORE P1�RTICULARLY DESCRIBED AS
FOLLOWS: �
FOR A POINT OF BEGINNING, COb�NCE AT A POINT
IN THE SOUTH LINE OF SECTION 30, TOWNSHIP 40 BEGINNING AT THE INTERSECTIOid OF THE SOUTH
SOUTH, RANGE 43 EAST, AT A DISTANCE OF 215.21 LINE OF SAID SECTION 30 WI�Ii THE WESTERLY
FEET WEST OF THE SOUTHEAST CORNER OF THE RIGHT-OF-Wi�Y LINE OF U. S. HIGHWAY N0. 1
SOUTHWEST QtTARTER OF SAID SECTION; TFiENCE (STATE ROAD NO. 5); TFiENCE WESTERLY ALONG THE
NORTFiEP,LY AT RIGHT ANGLES TO SAID "SOUTH LINE SOUTH LIrIE OF SAID SECTION 30, A DISTANCE OF
OF SECTION 30, A DISTANCE OF 300 FEET TO A 250 FEET TO THE POINT OF BEGINNING; TI3ENCE ;
POI27T; SAID POINT BEING THE POINT OF BEGINNING NORTHERLY AT RIGHT ANGLES ll DISTANCE 300 FEET; '
AND THE SOUTHEAST CORNER OF THE TRACT OF LAND THENCE.WESTERLY, PARALLEL TO THE SC�UTH LINE OF : ��''
HEREIN DESCRIBED; THENCE CONTINUE NORTHERLY ON SAID SECTION 30, A DISTANCE OF 250 FEET;
THE SAME COURSE A DISTANCE OF 313.76 FEET TO A THENCE SOUTHERLY AT RIGHT At1GLES, A DISTANCE '
FOINT; THENCE WESTERLY, AT RIGHT ANGLES TO THE OF 300 FEET TO A POINT IN THE SOUTH LINE OF
LAST DESCRIBED COURSE, A DiS'TANCE OF 250 SAID SECTION 30; THENCE EASTERLY ALONG THE ._
FEET; THENCE SOUTHERLY, AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF
LAST DESCRIBED COURSE, A DISTANCE OF 313.76 �50 FEET TO THE POINT OF BEGZP7NING.
FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, A DISTANCE OF : 50 FEET CONTnTNTNG T�rr•.�r�trr: 4P�s� �0- FFF?'I' Oft O.I11 �
71C(tES MOItE OR LF.,,,, .
TO THE POINT OF BEGINNING; •. '
� ^ � � � ' . FCSSI
ADDENDUM TO CONTRACT
surroat
Addendum No. 1 to the Contract dated between
Vlllaqe Of Tequesta (Seller) and
Shaw Properties, Inc., a Florida Corporation �Buyer�
concerning the property described as:
Parcel 1 and Parcel 2, as described in the attached leqal description
( the "Contract" ). Buyer and Seller make the following terms and conditions part of the Contract:
Pursuant to Villaqe Council Resolution No. 23-97/98, the buyer
�rees to pay all associated charqes and fees, includinq stamps
on the deed, recordinq of the deed, and title insurance premium
Buyer will prepare all closinq documents, and submit them to
Villaqe Attorney for approval.
�—
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, _ _ __ , �
j� " - T ,
; f�, - , . - ;
t3UYER Robert J. Shaw, President Date SELI,ERThomas G. Bradford, Village Mgr. Date
I3UYER Date SrLI�FR Date
FAR/BAR
Rev. 6/94 �'�LASER Generated by Disylay Systems, Inc. (941) 763-5555
CONT,RACT FOR SALE AND PURCHASE FLORIDA ASSOCIATION OF REALTORSO AND THE FLORIDA BAR
P,��rri�,s: V illage of Tequesta ��� Seller" �, F�
oe 357 Tequesta Drive�„Teauesta, Florida 33469' (Phone) 575-6234 ,�
a„d Shaw Properties , Inc ., a Florida Corporation ��� Buyer" �,
oe 222 U. S. Highway One, Tequesta, Florida 33469 (Phone)744-5555 ,,En°�°s„�
hereby agree that Seller shall sell and Buyer shall buy [he'following described real propeily and personal property (coliecCively "Property") pursuant t'o Che terms and conditions of this Contracl
fa� Sale und Purchase and any riders and addenda ("Com�ract"):
1. DESCRIP'I'ION:
� (a) Legal description ofthe Real Property located inPallL1 $@3C�'1 County, Florida:
Par.cel 1 and Pacel 2, per attached legal descri�tion
(b) Streetaddress,city,zip,ofthePropertyis: 22 jJ S H1.� ''['Ea_{�ee,�ta Fi'ZQr1C�ci 334�9 ������ t `
(c) Personal Property: NO vaean� land f
--. �>u�icii.as� �>ii�c� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .� 16� 9_�7_._QQ_-
ravnl��n�r:
(a) Deposit held in escrow by �aVGY'83 2iI'1C� M3Z'tyTl P. A. (Esciaw AgenC) in the amount of$ 1.� 693 .�'��
(b) Additional escrow deposit to be made to Escrow Agent �vithin _ days after EfYective Date (see Yaragraph III) in the amount of y �
(c) Subject to AND �ssumption of existing mongage in good standing in favor of
having an approximate present principal balance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �
(d) New mortgage tinancing with a Lender (see Paragraph [V) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �
(e) Purchase money mortgage and no�t� rider for terms) in the amount of . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(t) Other: /�, ` _� $
(g) 13alance to close by U.S. cash or I.00ALLY 15RA'�VN cashier's or official bank check(s), subject to adjustments or prorations .............$ 15 , 2 4 3 . 3 �
llt. "CI�1EFOl2ACCEYTANCEOFOFFER;EFFECTIVEDA'CE;FACSI�IILE: Ifthisofferisnotexecu[edbyanddeliveredtoallpartiesORFACTOFEXECUTIONcommunicatedinwritin4
betweenthepartiesonorbeforegpril , l �ith l 999 ,thedeposit(s)will,atQuyer'soption,bereturnedandthisofferwithdrawn.Forpurposesofdeliveryornoticeo
execution, parfies include Buyer and Seller or'each of the respective brokers or attorneys. The date of Contract ("Effective Date") will be the date when the last one of the [3uyer and Seller
has signed this oFter. A facsimile copy of this Contract and any signa[ures hereon shall be considered for all purposes as an original.
IV. FINANCING:
�(a) "]�his is a cash transaction with no contingencies for financing;
[](b) "I�his Contract is conditioned on Buyer obtaining a written loan commitment withinn � a days after Effective Date for (CHECK ONE ONLY): [] a fixed; [] an adjustable; or []
tixed or adjustable rate loan in the principal amount of $ , at an initial interest rate not to exceed %.
discount and origination fees not to exceed %ofprincipal amount, and for a teim of years. Buyer will make application within days (5 days if left blank
after E'ffective Date and use reasonable diligence to obtain a loan commitment and, [hereatter, to satisty terms and conditions of the commitment and dose the loan. Buyer shall pay all loan
expenses. If Buyer fails tu obtain a commitment or Cails to waive E3uycr's rights under [his subparagraph within the time for ob[aining a commitment or, after diligen[ eflort, fails to meet
the terms and conditions ofthe commitment by the closing date, then either pany thereatier, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or
� �](c) The existing moitgage, described in Paragraph II(c) above, has [] a variable interest rate; or [] a hxed interest rate of % per annum. At time of title transfer,
�ome fixed interest rates are subject to increase; if increased, the rate shall not exceed % per annum. Seller shall fumish a statement from each mortgagee stating the
a incipal balance, method of payme��t, interest rate and status of mort�age or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage which require
approval of 13uyer by the mortgagee tbr assumption, then Buyer shall prompNy obtain th� necessary application and diligently complete and retum it to the mortgagee. Any mortgage charge(s
not to exceed $ (1%ofamount assumed ifleft blank), shafl be paid by Buyer. ItBuyer is not accepted by mortgagee orthe requirements forassumptirn
are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or B�yer may rescind this Contract by written notice [o the
other paity unless either elects to pay the increase in interest rate or excess mortgage charges.
V. TI'1'I.E EVIDENCE: At least 1 O days before closing date, (CHECK ONLY ONG): [] Seller shall, at Seller's expense, defiver to Buyer or Quyer's attorney; or� ] Buyer shall at E3uyer'
cxpense obtain (C[II3CK ONLY ONB):[ ]abstract oftide; or[XJ title insurance commitmcnt (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an
owner's policy of ti[le insurance.
V►. CLOSING DATE: This transaction shall be closed and the closing documents delivered on�g�r 1 9 9 g , unless modified by other provisions
of this Contract.
V1L RES112[CTIONS; EASEMENTS; LIM(TATIONS: Buyer shall take tide subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed b�
govemmental 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 enhy; public
utiliry easements of record (easements are to be Iocated contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 U2 feet in width as to the side
lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum);
provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for Commere i al ��.' — 2 Zoning ) purpose(sj.
Vl[LOCCLIPANC'Y: Seller warrants that there are no parties in occupancy other than Seller, but if PropeRy is intended to be rented or occupied beyond closing the fact and terms thereof
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
is to be delivered belore closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and ]iable for maintenance tiom that date, and shall be deemed
to hav� accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein.
I�. 'I'YPEWIi[T1'EN OR tiA1VDWR1'1'TEN PROVISIONS: Typewritten orhandwritten provisions, riders and addenda shalt control all printed provisions ofthis Contract in conflict with them.
X. RIDF.RS: (CHECK those riders which are applicable AND are attached to this ContracQ:
`] COMPREHENSIVE RIDER [] f{OMEOWNERS' ASSN. [] COAS1'AL CONSTRUCTION CONTROL LING
] CONDOMINIUM [ ] "AS IS" [ ] INSUI.ATION
� ] VA/F]�A [ � LEAD-BASED PAINT [ ]
XI. ASSIGNABILI"CY: (CHECK ONI.Y ONE): Quyer [] may assign and thereby be released from any further liability under this Contract;[ ] may assign but not be released from liability
under this Contract; or [� may not assign this Contract.
' Xll. DISCLOSURES:
(a) Radon is a natural ly occurring radioactive gas that when accumulated in a building in sufticient quantit�es may present health risks to persons who are exposed to it over time. Levels of rador
thatexceedfederalandstateguidelineshavebeenfoundinbuildi❑gsinF(orida.AdditionalinformationregardingRadonorRadontestingmaybeobtainedfromyourCountyPublicHealthunii
(b) E3uyer acknowledees receipt of the Florida i3uilding Energy-Efticiency Rating System Brochure.
(c) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory.
(d) lf Seller is a"foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
(e) If Buyer will be obligated to be a member of a homeowners' association,BUYEIt SHOULD NOT EXECUTE THIS CONTRACI' UNTIL BUYER HAS RECE[VF.D AND RLAD "�fIE
IiOMEOWNL:RS' ASSOCIA7'ION DISCI.OSLIRF.
J�111. MAXINIIIM REPAIR COS'CS: Seller shall not be responsihle for payments in excess of:
(a) $ for treatment and repair under Standard D(if blank, then 2% oFthe Purchase Price).
(�i y .'or repair and replacement under Standard N(if blank, then 3% of the Purchase Price).
XI V. SPN;CIAL CLAUSES; A.DDENDA: If additional Cerms are to be provided, attach addendum and i:_icCi: ;_. :;° ,�-
YV. S"fANDART)S FOR REELL ESTATE 1'RANSACI70NS: Standards A through W on the reverse side or attached are incorporated as a part of this Contract.
"tHIS IS INTENDED 7'O BE A LEGALLY I3INUING CONTRACT. IF N07' NULLY [INllERS"tOOD, SEEK'CHE ADVICE OF AN A1"fORNEY P1210R TO SIGNING.
1'HIS FORM HAS L3EGN AYPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
,=tpproval does no� ca�sliti�te nn opir�im: �hnt nny o(the lerms nnd conditions in �his Conu shoie(d be accepted by the parties in a particular �rnnsaction. Terms und conditioris should
be negotiated bnsed t�pon the respective interesls, objecrives ru��l bargnining positions oj nll inte��ested persons.
' r ,.�'� / �� COP 1998 QY THE FLORIDA BAR AND'CHE FLOKIDA ASSOC[ATION OF REAL'TORS
.// r' . J ' �
�C�'� c� � �' �� 04/09/99 �-�� ,„ - ,.-
(Buve1) Robert J� Sh , Pres. (�ate> �sene�> Thomas G. Bradford Vi��� �e>
Social Security or Tax I.D. # Social Security or Tax I.D. #
�^
�) (Date) (Seller) % y (Date)
Security or Tax 1.U.# Social Se��rCy;b�Tax I.D. #
DeposiC under Paragraph !I (a) received; IF OTHER "I'HAN CASH, THEN SUBJECT "CO CI.EARANCE. !jjgyer� �� a c�`�N1�a1"^� _�rn P"� A!,�row Agent)
[3120KEIt'S FEE: The brokers named below, including lis[ing and cooperating brokers, are the only bfokers,entitled [o compensaiion in connection with t6is C�ntract:
Namc: �� _
Cooperatingl3rokers, 1S Il0 broker inv6l.��p �,istingl3rokcr
FAR/BAR-5 Revised 8/98
, STAl\�DARDS FOR REAL ESTATE TRAP CTIONS �� 'YER'SjSELLER'SINITIALS /
A. EVIDENCE OF T1TLE: (1) An abstract of title prepared or broughC current by a reputable and existing absti�act firm (if not existing then cenified as correct by
an existing firm) purporting to.be an accurate �s�ynopsis of the instruments affectin,g title to.�he Real Property recorded in the pub(ic records of the county wherein
the Real Proper�ty is located through Effective Date. It shall commence with the earliest pubiic records, or such later date as may be customary in the count . Upon
closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by �rst mortgagee until fulty paid. (2�A fitle
insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed fo Buyer, an owner's policy of title insurance
m t e amount o t e purchase price, insuring Buyer's title to the Real subject onty to liens, encumbrances, exceptions or qualifications provided in this
Contract and those to be discharged b�y Seller at or before closing., Seller s�all convey marketable title sub'ect only to liens, encumbrances, exc�e� ptions or
qualifications rovided in this Contract. Marketable title shall be determined accordin to applicable Title Standar�s adopted by authority of The Florida Sar and in
accordance wi�h law. Buyer shatl have 30 days, if abstract or 5 days, if title commi�ment, from date of receiving evidence of title to examine it. If title is found
defective Buyer shall within 3 days thereaffer notify Se�ler in writmg s ecifying the defect(s). If defect(s) render title unmarketable Seller wi11 have 30 days
from rec'eipt of notice to remove the defects, failing which Buyer shall, w��hin five (5� days after expiration of the thirty (30) day perio�, deliver written notice to
' Seller either: (1) e�ctendin� the time for a reasonable period not to exceed 120 days wi{hm which Seller shall use diligent effort to remove the defects; or (2) requesting
a refund of deposit(s pai which shall be immediateCy returned to Buyer. If Buyer fails to so notify Seller, Buyer sball be deemed to have accepted the utfe as it then
is. Seller sha1C, if tit e is found unmarketable, use diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the
defects, B�u� yer shail either waive the defects or receive a refund of deposit(sl, thereby releasing Buyer and Seller fmm all further obligation under this Contract.
B. PURCtiASE MONEl' MORTGAGE; SE�URI11' AGREEMENT TO SELLER A purchase money mortgage and mortg,a e note to Seller shall provide for a 30-day grace
period in the event of default if a first mortgage and a 1S-day grace period if a second or lesser mortgage; shail provi�e for right of prepayment in whole or �n part
without penalty; shall�ermit acceleration in event of transfer of the Real Pro�erty; shail require all pnor liens and encumbrances to be kept in good standing and
"��bid modificat�ons o or future advances under prior mortgage(s); shall require uyer to mainta�n �olic�es of insurance containing a standard mortgagee clause covering
mprovements located on the Real Property against fire and all perils included within the term extended coven e endorsements" and such other risks and erils as
�r may reasonable require, in an amount eq ual to their highest insurable value; and the mortgage, note and secun�y agreement shal! be otherwise in form an�content
...�uired by Seller; but SeRer may only require cIauses and coverage customarily found in mortgages, tnortga�e notes and security agreements generally utilized by savings and
loan institutions or state or naCional banks located in the county wherein the Real Propert is located. A Personal Property and leases being conveyed or assigne7 will
at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment w�ll excee�
the periodic pa�yments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of ticle and to examine same, may have the Real Property surveyed and certified
bya registered Florida surveyor, If the survey discloses encroachments on the Real Propertyor that improvements located fhereon encroach on setback lines, easements, lands
of others or violate any restrictions, Contract covenants or applicable overnmenta! regulation, the same shall constitute a title defect.
D. TERMITES• Buyer, at Buyer's expense, within the time allowed �o deliver evidence of title, may have the Pro erty inspected by a Florida Certi�ed Pest Control
Operator "O rator" to determine if there is any visible active termite infestation or visible damage from term�e infestation in fhe Property. If either or both are
found, Buyer s ave 4 days from date of written ttotice 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 contractor. Seller shall pa y 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 shali have the option of canceling this Contract w�thin 5 days after receipt of contractor's repair estimate by
� rving written notice to Seller or Buyer may elect to proceed with the transaction, and receive a credit at closing on the amount pmvided in
aragraph��XIII(a). "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended.
E. I1QGIt�SS A N D EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
in Par��agraph VII hereof, title to which is in accordance with Standard A.
F. LE4SES: Seller shall, not less than 15 da�s before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant
specify�'ng the nature and duration of the tenant s occupancy, rental rates advanced rent and security deposits paid by tenanl. If Seller is unable to obtain
such letter from each tenant, the same information shall be turnished by S�eller to Buyer within that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless othenvise provided for herein, of any financing
statement, claims of lien or potential 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 been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens
executed by all general contractors, subcontractors, suppliers and matenalmen in add�t�on to Seller's lien affidavit setting forth the names of all such general
contractors,. subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction
lien or a claim for dama es have been paid or will be paid at the closin of this Contract.
H. PLACE OF CLOSIN�: Closing shaR be held in the county wherein �e 12ea1 Property is located at.the of�ce of the attorney or other closing agent designated by Selier.
I. TIME: In computing time per�ods of less than six (6) days Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periocis provided
for herein which shall end on a Saturday, Sunday, or a lega� holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
J. DOCUMENTS FOR CLOSTNG: Seller shall furnish the deed bill of sale, construction lien affidavit, owner's possesston affidavit, assignments of leases, tenant
and mor�tga�gee estoppel letters and corrective instruments. Buyer s�all furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
K. EXP�;NSES: Documentary stamps on the deed and recording of corrective �nstruments shall be paid by Seller. Docuinentary stamps and intangibie tax on
the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shail be paid by the Buyer.
Unless otherwise provided by law or rider to this Contract charges for the following services, namely titie or abstract charge, titie exammat�on, and
' settlement and closing� fee shall be paid by the party responsitile for furnishing the title evidence m accordance with Paragraph V.
- ^RORATIONS; CRE�ITS: Taxes, assessments, rent, interest, ,insurance and other eacpenses of the Property sl�all be prorated through the day before
ig. Buyer shaii have the option of taking over existing olicies of insurance, if assumable, in which event premiums shall be prorated. Cash ai closing
be increased or decreased as may be required by_prora�ions to be made through day prior to closing or occupancy if occupancy occurs before closing.
r�uvance rent and security deposits will be credited to f3uyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on
the current year's tax with due allowance made for maximum allowable discount, homestead and otlier exemptions. If closing occurs at a date when the current year's
millage is not fixed and cunent year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's
assessment is'not available, then taxes will be prorated on �rior year's tax. If there' are compieted improvements on the Keal Property by January lst oF year
of closing, which im�rovements were not in existence on anuary lst of prior year, then taxes shall be prorated based upon pnor year's millage and at an
eyuitable assessment o be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an mformal assessment taking
into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt
of tax bill on condition that a statement to that effect is signed at closin .
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and rati�ed special assessment liens as of date of closing (not as of Effective Date) are to be paid
by Seller. I'ending liens as of date of closing shall Ue assumed by I3uyer. !f the improvement has been substantially com�leted as of Effective Date, any pending
lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to he last estimate or assessment for the
improvement by the� pu�blic body�.
N. INSPECTION, 12EPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closin the ceiling, roof (including the fascia and soffits) and
exterior and interior walls, foundation, seawalls (or equivalent) and docka e do not have any vISIBLE EVID�NCE of leaks, water dama e or structura( damage and that
the septic tank, pool, all appliances, mechanicat items, fieating, cooling, elec�rical, plumbing systems and machinery are in WORKING CON�ITION. The foregoingwarranty
shall 6e limited to the items spec�fied unless othenvise provided in an addendum. Buyer may, at Bu . er's expense, have inspections made of those items by a firm or
individual specializing in home inspections and holding an occupationai license for such purpose �f re uired) or by an appro riately licensed Florida contractor.
Buyer shall, prior to Buyer's occupan�cy or not less than 10 days prior to closing, whichever occurs firs�, report in writin to �eller such items that do not meet
the above standards 'as to defecfs. Unless Buyer timely reports such defects, Buyer shall be deemed to have waive� Seller's warranties as to defects not
reported. If repairs or replacements are required to comply wlth 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 a cosmetic nature 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 may elect to pay such excess, failing which either party may cancel
this Contract. If Sel�er is unable to correct the det"ects prior to closing, the cost thereof shal! be paid into escrow at elosin . Selier shall upon reasonable notice,
provide utilities service and access to the Property for inspections including a walk-through prior to ciosing, to confirm tha�all items of �'ersonal Property on
the Real Property and, subject to the foregang, that all require� repairs and replacements have been made and that the Property, including, but nol lim�ted to,
lawn shrubbery a�nd pool, if an_ y, has been mainta�ned in the condition existing as of Effective Date, ordinary wear and tear excepted.
O. IFISK OF L.OSS: If the Yroperty 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 cosF of restoration shall be an obli ation of the Sei(er and closing shall pmceed pursuant to the terms of this Contract with restoration
costs escrowed at closing. �f the cost of restoration exceeds �% of the assessed valuation of the Property so damaged, Buyer shall have the option of either
takin� the Property as is, together with either the 3% or any insurance proceeds payable by virtue o[ such loss or damage, or of canceling this Contract and
receivmg return of the de� posit(s).
P. PROCEEDS OF SALE; CLCjSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title
. �e continued at 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
� idence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days
u .;losin date. If Seiler's title is rendered unmarketable, through no fault of Buyer, Buyer shall within the 5-aay period, notify Seller in writing of the
detect and �eller shall have 30 days from date of receipt of such notification to cure the defect. If� Seller fails to timely cure the defect, all depos�t(s) and
closing funds shali, upon written demand by Buyer and within 5 days after demand be returned to Buyer and, simultaneously with such re�ayment, Buyer shall return
the Personal Property, vacate the Real Property and reconvey the Property to Sel�er by special warranty deed and bill of sale. If Buyer ails to make timely demand
for refund, Buyer shal! take title as is waivin all nghts against Selfer as to any intervening defect except as may be available to Buyer by virtue of warranties
contained in the deed or bill of sale. �f a por�ion 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 closing, and for disbursement of mort a�e proceeds shall control over contrary provision in this Contract.
Seller shall have the nght to requ�re from the lending institution a written commitment that i�will not withhold disbursement of mortgage proceeds as a result of
any title defect attributablC to Buyer-mortgagor. The escrow and closing procedure required by this Standard shall be waived if the title agent msures adverse matters
� ursuant to Section 627.7841, F.S., as amen7ed.
. ESCROW: Any escrow agent ("AQent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same
m escrow and sub'ect to clearance; �isfiurse them m accordance with terms and conditions of this Contract. Failure of funds to clear sha� not excuse Buyer's
� erformance. �f in �oubt as to Agent's duties or tiabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of
he escrow until the �arties hereto agree to its disbursement or until a �u�ement of a court oF competent junsd�ction shali determine the rights the parties,
or Agent may deposi same with the clerk of the circuit court having juris iction of the dispute. Upon not�fying all parties concerned of such act�on, al! Iiability
on the part of Agent shall fully terminate, except to the extent of accounting, for any items previousyl delivered out of escrow. If a licensed real estate broker,
Agent will compiy with provisions of Chapter 475, F.S., as amended. Any surt between Buyer and Seller wherein Agent is made a party Uecause of acting . as
Agen� h�re�nder, cr :n ar.� suiY wherein Agent interpleads 2he sub;ect matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with
these amounts to be pai� from and out of the escrowed funds or equi�alent a.d char„ed and awarded as c�urt e,osts in favor of .he prevailing party. The
Agent shall not be 1lable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless suc;i masdeli4er� �s due to
wtllful breach of thep �rovisions of this Contract or gross negligence of Agent.
R ATTORNEY'S FEES; COSTS: In any litigation, including breach enforcement or interpretation, arising out of this Contract, the prevailing party in
such liti�ation, which, for purposes of this Standard, shall include Se�ler, Buyer and any brokers acting in agency or nonagency relationships authorized by
Ch�a� pter 75 F.S. as amended, sliall be entitled to recover from the non-preva�ling party reasonable attorne�s tees, costs and expenses.
S. FAILUIi� OF'PERFORMANCE: If Buyer fails to perform this Contract within fhe time specified, includ'mg paym ent of all deposits, the deposit(s) paid bp Buyer and
deposit(s) agreed to be paid, may be recovered and reta�ned by and for the account of Seller as agreed upon liquidaled damages, consideration for the execution of this Contract
and in full settlemenf of any claims; whereupon, Buyer and Seller shall be relieved of all obligafions under tfiis Contract; or Setler, at Seiler's option, may
proceed in equity to enforce Sellers rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent
effort, Seller �fails, neglects or refuses to perform this Contract, the Buyer may seek speci�c performance or elect to receive the return of Buyer's depos�t(s)
without there�b�pwaivin anp action for damages resulting from Seller's breac[�.
T. CONTRACi' NOT �CURDABL�; PERS'UNS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall
bind and inure 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 Tor any party shall be as effective as if given by or to that party.
T' COIVVEYANCE: Seller shall convey t�tle to the Real Property by statuto�ry warranty, trustee's, personal representative's or��guardian's deed, as
�priate to the status of Seller, subject only to matters contained in Para$raph and those otherwise accepted by Buyer. Personal 1Troperty shall, at the
�st of the Bu� yer be transferred by an absolute bill of sale with warranty of titfe, sub ect only to such matters as mayl�e othenvise provided for herein.
JTHER AG1i��MENTS: No_pnor or present a�reements or representations s�all be binding upon Buyer or SeUer unless included in this Contract. No
modification to or change in this C:ontract shall be vali or binding upon the parties un(ess in writin� and executed by the party or parties intended to be bound by it.
W. WARRANTY: Seller wanants that there are no facts known fo Setler materially affecting t7ie value of the Property which are not readily observable by
Buyer or which have not been disclosed to Buyer. .
Rw.12/95 COPYRIGHT 1995 THE FLORIDA BAR AND THE FLARIDA ASSOCIATION OF RFALTORS� v �ER Generated by Display Systems, lna (941) 763-5555
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� �
P ARCEL 1: TIiE EA�T ?2•°�� FF'ET OF THE SOUTH 18 PARCEL 2: TOGETFiER WITH THE EAST Z85 FEET OF
FEET OF A PARCEL OF LAND IN SECTION 3 0, THE NORTH /!�l-�. � FEET OF THE SOUTH 3 0 0 FEET Ok
TOVFNSIiIP 40 .SOUTH, F.Ai�TGE 43 EAST, PALM E.GACH A PARCEL OF LAND IN SECTION 30, TOWI�TSHIP 40 '
COUNTY, FLORIDA, MORE PARTICLTLARLY DESCRIBED SOUTH, R.A)1GE 43 EAST, PALM BEACH COUNTY,
AS FOLLOPIS: FLORIDA, BEINC MORE PARTZCULARLY DESCRIBED AS
FOLLOWS:
FOR A POINT OF BEGINNING, CONIMENCE AT A POINT
ZN THE SOUTH LINE OF SECTION 30, TOWNSHIP 40 BEGINNZNG AT THE INTERSECTIO27 OF THE SOUTH
SOUTH, RANGE 43 EAST, AT A DISTANCE OF 215.21 LINE OF SAID SECTTON 30 WI�H THE WES'TERLY
FEET WEST OF THE SOUTHEAST CORNER OF THE RIGHT-OF-W�Y LINE OF U. S. HIGIiWAY NO. 1
SOUTHWEST QLTARTER OF SAID SECTION; THENCE (STATE ROAD NO. 5); TFiENCE WESTERLY ALONG THE
NORT�iEP.LY AT RIGHT ANGLES TO SAID ' SOUTH LINE SOUTH LINE OF' SAID SECTION 30, A DISTANCE OF
OF SECTION 30, A DISTANCE OF 300 FEET TO A 250 FEET TO THE POINT OF BEGINNING; TIiENCE :
POINT; SAID POINT BEING THE POINT OF BEGINNING NORTHERLY AT RIGHT ANGLES �'1 DISTAATCE 300 FEET; ' �
AND THE SOUTHEAST CORNER OF THE TR.ACT OF LAND THENCE.WESTERLY, FARALLEL TO TFiE SC�UTH LINE OF ;
HEREIN DESCRIBED; THENCE CONTZNUE NORTHERLY ON SAID SECTZON 30, A DISTANCE OF 250 FEET; �
THE SAME COURSE A DISTANCE OF r313.76 FEET TO A THENCE SOUTHERLY AT RIGHT A2dGLES, A DISTANCE
POINT; THENCE WESTER:.,Y, AT RIGHT ANGLES TO THE OF 300 FEET TO A POINT IN THE SOUTH LINE OF .
LAST DESCRIBED COURSE, A DIS'TANCE OF 250 SAID SECTION 30; THENCE EASTERLY ALONG THE _,
FEET; THENCE SOUTFiERLY, AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 30, A DISTANCE OF
LAST DESCRIBED COURSE, A DISTANCE OF 313.76 �50 FEET TO THE POTNT OF BEGTNNING.
FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE •
LAST DESCRISED COURSE, A DISTANCE OF : 50 FEET COtJ'I'rTN7NG TnC:FT�iFit Q¢ Sp. FFF'T OR O.I11
71CIZES MOfZE OR 1.F,,;, . -
TO THE POINT OF BEGINNING ; • �_
, . .. . .• � . FC.SSI
ADDENDUM TO CONTRA,CT
SUVPOiti
Addendum No. 1 to the Contract dated between
Villaqe of Tequesta (Seller) and
Shaw Properties, Inc., a Florida Corporation (Buyer)
concerning the property described as:
Parcel 1 and Parcel 2, as described in the attached leqal description
( the "Contract" ). Buyer and Selier make the foflowing terms and conditions part of the Contract
Pursuant to Villaqe Council Resolution No 23-97/98, the buyer
agrees to pay all associated charqes and fees, includinq stamps
on the deed, recordinq of the deed, and title insurance premium
Buyer will prepare all closinq documents, and submit them to
Villaqe Attorney for approval.
I3UY�R Robert J. Shaw, President Dace sELLLRThomas G. Bradfard, Village Mgr. Datc
I3UYER Date SELLGR Date
FAR/BAR
Rev. 6/94 ��C.ASER Genented by Display Systems, inc (941) 763-5555
Yr . = N , � ea�,o..� -�. �.
' �'`
This Docommt Prepfred Hy aad Rduro ps: ` J Q
JOIIN M. 'lfARTYN � X�� �� �
DAVSRSA AND D�ARTYN. P.A.
218 II.S. Sighway 1, Suite 201 ��
,�.-•�` Tequeata, FL 33469 �r.� � �
V ` � `
Parcel m Number: �-.�/+ �
# �
Special Warranty Deed �� � �
Tbis Indentnre, Made tbis /%�day of June ,19 99 n.n.. Betweep ��� . -�`�
Village of Taquesta � � `��
or u� c� ot Palm Beach , sma ot Florida , grantor, �na
V �:.
Shaw Properties, Iac., a Florida corporation
wnose aaaress ;s: 222 II. 3. Highatay One, Tequesta, FL 33469
of iLe Counry of Palm Beach , sm� or Florida , graatee.
� w1�eSSC�1 that 1he GRANTOR, tor a� in cons�mation of the snm of
------------------------TSN DOLLARS ($10�----------------------- DoL�Aas,
and otLa g�d and valuable coosideiauon ro GRAIV'fOR in hand paid by GRAN7EE, tLe receipt whereof is haeby aclmowledgeA, has
� giaoted, bargained and sold fi ihe said GRAN7EE aad GRAN7'EES heirs, svccessots and assigns forever, the following descnbed land. siuiau,
lying ana ireing ia me camq or Palm Beach smte ot Rlorida ro wie
� Parc�l 1: The 8ast 22.9 feet of the 3outh 18 feet of a parcel of land
in 5ecti� 3a, Tav�naship 40 3outh, Range 43 $aat, Palm Heach Couaty,
Florida, more particularly deacribed as followa:
For a Poiat of 8egirming, cam�eace at a poiat ia the South line of
Sectioa 30, Township 40 South, Raage 43 Sast, at a distaace of 215.21
feet West of the 3outheast coraer of the 3outhweat Quarter of eaid
Section= theace Northerly at right angles to said South liae of
section 30, a distaace of 300 feet to a poiats said point beiag tha
Point of beginaiag aad the Southeast coraer of the tract of laad
hersin deacribed; thence contiaue ISorther`7:y oa tha saa� coursa a �
, distaace of 313.76 feet to a poiat; theace BTestarly, at right aagles
� to the last described course, a distaace of 250 feeti theace
Southerly, at right aaglea to the last described course, a distance
� of 313.76 feet; thence Sasterly, at right aagles to the last
y described course, a diataace of Z50 feet to the Point of Heginaing.
� Parcel 2a Tvgether with the 8ast 28.5 feet of the North 155.32 feet
� of tha South 300 feat of a parael of land in 3ectioa 30, Township 40
South, Range 43 Sast, P.alm Beach County, Florida, beittg more
' particularly deacribed as folloors: �
'� Beginaiag at thm iateraection of the 9outh lin� of said 3ection 30
� with the Westerly Right-of-Way liae of U.S. Highway �o. 1(State Road
� No. 5); thence �Peaterly along the south liae of said Sectioa 30, a
� distaace of 250 feet to the Poiat of Beginaing= theace Northerly at
�f right anglea a distaace of 300 feetF thence TResEerly, parallel to the
y South line of sa3d S�ctioa 30, a distance of 250 feet; theace
� Southerly at right aagles, a distaace of 300 feet to a point ia the
3outh lir�e of said 3eetioa 30t theace Easterly aZong tha South line
� of said section 30, a distaace of 250 feet to the Point of Beginaing.
N
1 Coataiaing together 4839 eq. fset or 0.111 aerea more or less.
,I
� Subject to easements recorded ia OfEicial Record Book 388, Page 499,
i and Official Record Book 3795, Page 295, Public Records of Palm Beach
� County, Florida.
N�
I
1 Together with all tonemems, heredibmen� wd appurtenances thereoo belongiag ar in anywisc apperlaining.
To Have and to Hold, the same m fee simple sore,��.
; And tke grantor hereby covenants with said grantee Ihat grantar is lawfiilty seized of ssid lamd in fee simple; tl�at grantor has
i Bood s right and �wful aathority to and convey said Iand; tLat g�antor h�eby fully warrantv the 6de m said land and wi!!
�
� �� Settlement Statement
U.S. Department of Housing �
and Urban Development , r
OMB No. 2502-0265
B..'I' e of Loan
1.� FHA 2. ❑ FmHA 3. O Conv. Unins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number
4.❑ VA 5.❑ Conv.lns. 2454SHAW
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER: Shaw Properties, Inc.
ADDRE�S OF BORROWER 222 U. S. Highway One, Tequesta, FL 33469
E. NAME OF SELLER: Village of Tequesta
ADDRESS OF SELLER: 357 Tequesta Drive, Tequesta, FL 33469
F. NAME OF LENDER:
ADDRESS OF LENDER:
C. PROPER�'Y 222 U. S. Highway One
LOCATION: Tequesta, FL 33469
H. SGTTLEMENT AGENT: DAVERSA AND MARTYN, P.A.
218 U.S. HIGHWAY ONE, SUITE 202, TEQUESTA, FL 33469
PLACE OF SETTI�EMENT: 218 U.S. HIGHWAY ONE, SUITE 202, TEQUESTA, FL 33469
I. SETTLEMENT DATE: / /99
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
1 OO.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER
l O1.Contrac s� les rice 16 37.00 401.Contrac sales rice 16 937.00
102.Per onal ro e 402.Personal ro e
103.Settlement char es to borrower line 1400 830.10 403.
104. ' 404.
105. 405.
Ad'ustments for item aid b seller in advance Ad'ustment for items aid b selter in aclvance
106.Cit /town taxes to 406.Cit /town taxes to
107.Count taxes to � 407.Count taxes to
108.Assessments to 408. Assessments to
109.not tax ble in rior rs to 409.not taxable in rior rs to
1 10. to 410. to
111. to 411. to
� 1 12. to 412. ��
120.GROSS AMOUNT DUE FROM BORROWER ' 17,767.10 420.GROSS AMOUNT DUE TO SELLER , 16,937.00
200.AMOUNTS PAID BY OR 1N 13EHALF Or BORROWGR 500. REDUC"I'IONS IN AMOUNT DUE TO SELLER
201.De osit or earnest mone 9 SO1.Excess de osit see instructions �
202.Princi al amount of new loan s 02.Settlement har es to seller line 1400
203.Existin loan s taken sub'ect to 503.Existin loan s taken sub'ect to
204. 504.Pa off of first mort a e loan
205. SOS.Pa off of second mort a e loan
206.Princi al amount of seller financin 506. Princi al amount of seller financin
207. 507.
2�8• 508.
���• 509.
209a 509a
2096 509b
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210. Cit /town taxes to S 10. Cit /town taxes to
211.Count taxes to S11.Count taxes to
212.Assessments to 512. Assessments to
213. to - -- S l�_-. --. -. to .
214. to 514. to
215. 51 S.
216. 516. to
217. 517.
218. 518. to
2] 9. to 519. to �
220.'fOTAL AMOUNTS PAID 520. TOTAL REDCJCTIONS IN
BY OR IN BEHALF OF BORftOWER � 1,693.70 AMOUNT DUE SELLER '
300.CASH AT SETTLrMENT FROM/TO BORROWER 600.CASH AT SETTLEMENT TO/FROM SELLER
301.Gross amount due from bonower line 120 17 767.10 601.Gross amount due to seller line 420 16 937.00
302.Less amounts aid b/for borrower line 220 1 693.70 602. Less reductions in amount due seller line 520
303.CASH � From ❑ To BORROWER ` 16,073.40 603.CASH � To ❑ From SELLER ' 16,937.00
PAGE 1 HUD-1 (3-86) RESPA, HB 4305.2
01998 Display Systems, Inc. (941) 763-5555 - Laser Generated
U.S. DEPARTMENI' OF hOUSING AND URBAN DEVELOPMENT
s SETTLEMLNTSTATEMENT PAGE2
L. Settlement Char es
700. TOTAL SALES/BROKER'S COM. based on rice I 6 937.00 %= Paid From Paid From
Division of ommission line 700 a follows: Borrower's Seller's
��� • Funds At Funds At
��2• to Settlement Settlement
703. Commis ion aid at ettlement
704. to
800. Items Pa able In Connection With Loan
801. Loan ri ination Fee °/ to
802. Loan Discoimt % to
803. A r isa F t
804. Cr dit e o to
80 . ' t
806. Mort aae Insurance A lication Fee to
807. to
808. to
809. to
810. to
1 I . to
812. . to
8 ! 3. to
14.
815. to
900. Ttems Re uired B Lender To Be Paid In Advance
90 . In erest from / 6/ 9 to 6/ 1/ 9 /da
902. Mort a e Insurance Premium for months to
903. Hazard Insurance Premium for ears to
904. ears to
905. ears to
1000. Reserves De osited With Lender
10 1 z r in u nths r mon
1002. Mort a e insurance months c er month
] 003. Cit ro ert taxes month er month
I 004. ount ro ert taxes months c er month
1005. Annual assessments m n hs er month
1006. months er m nth
1007. months er month
1008. months er month
1009.
1100. Title Cl�ar es
1 101. Settlement or closin fee to
1102. Abstract or title earch to
1 103. Title examination to
1 04. `I'itle in urance binder to
_1105. D cument re aration to D v rsa n � A. 25 . 0
I 106. Notar fees to
1 l 7. ttorne ' fees to v rs M P A 2 p,
in ludes above items numbers: '�
. Titl 'n uran t
includes above items numbers:
11 9 Lender' covera e: Risk Premium INS AMT:
1 110. Owner's covera e: Risk Premium IN AMT: 16 9 7
i110a
1111. t
1 1 12. to
lll3. to
1200. Government Recordin and Transfer Cl�ar es
I201.
1202. Cit /c unt tax/stam s: Deed • L-Mort a e s • S-1VIort a e s
120 . t / t m • Dee 1.0 •- ort e s -Mort e 00
1204.
1205.
1300. Additional Settlement Char es
1301. Su v to
I 02. P s In ection to
1303. �f n, �� iion __ . -. to --- - ------ - -------
4. - - - ---
1305. to
1 06. to
1307. t
1308. to
1309. to
1400. Tota! Settlement Charges (enter on lines 103, Section J and 502, SectionTC) ' 830.10
CERTIFICATION DATE: 5/6l9q
I have carefully reviewed the HUD - 1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all rece�pfs and
disbursements made on my account or by me in this transaction. 1 further certify that 1 have received a copy of the HUD - 1 Settlement Statement.
Shaw Properties, lnc. Village of Tequesta
f3 i' Borrower Bv: Seller
Robert J. Shaw, President Thomas G. Bradford
Borrower Seller
The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused the funds to be disbursed in accord-
ance with this statement. DAVERSA AND MARTYN, P.A.
Settlement Agent 5/6/99 Date
WARNING: It is a crime to knowingly make false statements to the CJnited States on this or any other similar forrrt. Penalties upon conviction can include a
fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. 2454SHAW
This Docuqient Prepared 13y and Return to:
Parcel ID Number:
Sp�cial Warranty Deed
This Indenture, Made this 6 th day of May , 19 9 9 A.D. , Between
Village of Tequesta, a corporation existing under the laws of the State
�f Florida
ot' rne co���ry ot' Palm Beaeh , state of F� orida , grantor, ana
Shaw Froperties, Inc., a corporation existing under the laws of the
State of Florida
whose address is: 222 U. S. Highway One, Tequesta, FL 33469
of the counry of Palm Beach � State ot' Florida , grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
------------------------TEN DOLLARS ($10)----------------------- DOLLARS
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRAN'fEE and GRAN7'EE'S heirs, successors and assigns forever, the following descriUed land, situate,
lying and being in die County of Palm Beaeh State of Florida to wit:
Parcel 1 and Parcel 2 as more particularly described in Legal
Description attached.
Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
L�riC� the grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee simple; that grantor has
good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and w'rll
defend the same against the lawful claims of all persons claiming by, through or under grantor.
In Witness Whereof the grantor has hereunto set its hand and seal the day and year first above written.
Signed, sealed and delivered in our presence: Village of Tequesta
By � (Seal)
Printed Name: Thomas G. Bradford
Witness Village Manager
P.O. Addr.;ss� 357'd'eciucsta Drive, Teryuesta, FI, 33469
Printed Name:
Witness
(Corporate Seal)
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this 6 th day of May , 19 9 9 b
Thomas G. Bradford, Village Manager of Village of Tequesta, a Florida
Corporation, on behalf of the corporation
he is personally known to me or he has produced his Florida driver' s 1 ieense as identification.
Printed Name:
Notary Public
My Commission Expires:
2 4 5 4 SHAW Laser Generatad by (9 Display Systems, Inc , 1998 (941) 763-5555 Fo�m FLSWD-!
. OWNER'S AFFTDAVIT
� NON-FOREIGN CERTIFICATE
AND
REOUEST FOR TAXPAYER IDENTIFICATION NUMBER
STATE OF Florida
COUNTY OF Palm Beach
BEFORE ME, the undersigned authority, personally appeared
Thomas G. Bradford, Village Manager of Village of Tequesta, a Florida
Corporation, on behalf of the corporation
(the "Seller"), ("Seller" refers to singular or plural as context
requires) who, first being duly sworn, deposes and says:
A. OWNER'S AFFIDAVIT
l. Seller is the owner of the following described property (the
"Property"):
Parcel 1 and Parcel 2 as more particularly described in Legal
Description attached.
Stre�t Addresti : 222 �U. �. I�� ghwa� G��:e, Tec[us�ta, FL 33469
2. There is no outstanding contract for the sale of the property
to any person or persons whomsoever, nor any unrecorded deed, mortgage
or other conveyances affecting the title to the Property.
3. There are no liens, encumbrances, mortgages, claims, boundary
line or other disputes, demands or security interests in, on or against
the Property or any goods, furnishings, appliances, fixtures or
equipment now installed in or which are to be affixed to the Property;
(except for mortgages described in the deed given by the undersigned);
that there are no unpaid taxes, levies, assessments, paving liens or
utility liens against the Property (other than real estate taxes for
the current year).
4. There have been no improvements made upon the Property within
the past ninety (90) days for which there remain any outstanding and
unpaid bills for labor, materials or supplies for which a lien or liens
might be claimed by anyone.
5. There are no matters pending against Seller which could give
rise to a lien that would attach to the Property during the period of
time r�c-�v�een the effective date of tr�� titl� ir.surarce commitmznt and
the time of recording of the instruments evidencing the Buyer's fee
simple or other interests in the Property; and th.at the Seller has not
executed and will not execute any instrument that would adversely
affect the title to the Property from the date of this Affidavit
forward.
6. There are no judgments, claims, disputes, demands or other
matters pending ag�inst Seller that could attach to the Property.
Seller has complied with the Florida Sales Tax laws where applicable.
Seller acknowledges responsibility for water, sewer and electrical
consumption charges through date of closing or occupancy by Buyer,
whichever first occurs.
7. Seller is in sole constructive or actual possession of the
Property and no other person has any right to possession of the
Property, or asserts any claim of title or other interests in it.
8. Seller represents there are no violations of governmental
laws, regulations or ordinances pertaining to the use of the Property.
Laser Generated by C9 Display Systems, Inc., 1998 (941) 763-5555 Form FLAFF-5
,Owner's Af�davit - Pa 2
B. NON-FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
Section 1445 of the Internal Revenue Code provides that a
transferee ("Buyer") of a U.S. real property interest must withhold tax
at a rate of l00 of the amount realized on the disposition if the
transferor ("Seller") is a foreign person. To inform the Buyer that
withholding of tax is not required upon the disposition of a U.S. real
property interest by the Seller, the undersigned hereby swears, affirms
and certifies the following as or on behalf of the Seller:
l. Seller's Legal Name Is:
Village of Tequesta, a corporation existing under the laws of the
State of Florida
2. Seller's Home Address or Office Address
if Corporation, Partnership or Trust:
357 Tequesta Drive, Tequesta, FL 33469
3. Seller is not a nor-res�.dent alien (if ir�aividual) or a
foreign corporation, foreign partnership, foreign trust or
foreign estate (as those terms are defined in the Internal
Revenue Code and Income Tax Regulations).
In connection with the sale or exchange of the Property you are
required by, law to provide DAVERSA AND MARTYN, P.A.
with your correct taxpayer identification number (TIN). If you do not
so provide your TIN, you may be subject to civil or criminal penalties
imposed by law.
4. Seller's Taxpayer ldentification Number:
(TIN or SSN for Individuals)
, NAME SOCIAL SECURITY NUMBER
Village of Tequesta 59-6044081
5. For purposes of reporting this transaction to the Internal
Revenue Service on Form 1099=5, the property is Seller's
(check one):
Principal Residence
X Other Real Estate
This taxpayer identification number is being provided in
connection with a real estate transaction.
The undersigned understand that this Certificate may be disclosed
to the Internal Revenue Service by the Buyer and that any false statement
contained herein.could be punished by fine, imprisonment or both'.
Under penalties of perjury, I declare that I have examined this
certification and to the best of my knowledge and belief it is true,
correct and complete, and i further declare that I have authority to
sign this document as or on behalf of the Seller, and that the number
shown on this statement is Seller's correct TIN.
Seller states that this instrument is given for the express
purpose of inducing
Shaw Properties, Inc., a corporation existing under the laws of the
State of Florida
to purchase the Property and to cause DAVERSA P;ND MARTYN, P.A.
as agents for Attorneys Title Insurance Fund, Inc.
to insure title to said property. This Affidavit is made under the full
understanding of the law regarding liability for any misrepresentation
herein.
DATED this 6th day of May , 1999 .
Village of Tequesta
By:
Thomas G. Bradford
Village Manager
(Corporate Seal)
STATE OF Florida
COUNTY OF Palm Beach
Sworn to and subscribed before me this 6th day of May , 1999 by
Thomas G. Bradford, Village Manager of Village of Tequesta, a Florida
Corporation, on behalf of the corporation
he is personally known to me or he has produced his Florida driver�s
license as identification.
Printed Name:
Notary Public
My Commission Expires:
2 4 5 4 SHAW Laser Generated by C9 Display Systems, Inc., 1998 (941) 763-5555 Fortn FLAFF-5
. . ' � AFFIDAVIT FOR DISBURSEMENT
STATE OF Florida
COUNTY OF Palm Beach
The undersigned (hereinafter referred to singularly or collectively as
"Affiant"), being first duly sworn, deposes and says:
l. That Affiant is the sole owner, in fee simple, and in possession of
that certain real estate situate in the County of Palm Beach ,
State of F'lorida , legally described as follows:
Parcel 1 and Parcel 2 as more particularly described in Legal
Description attached.
2. Affiant certifies that from , 19 at . a.m.
(date of most current title certification) no lien, encumbrance, or
other document has been filed of record which adversely affects the
title to the above described property.
3. In the event any documents which adversely affect title to the
above described property are filed of record subsequent to the date and
time set forth in paragraph 2 above, through the date and time of
recording of title to any purchasers and/or recording of any mortgages,
Affiant agrees to assume FULL LEGAL'RESPONSIBILITY for satisfaction
and/or removal of same.
4. Affiant further agrees to indemnify DAVERSA AND MARTYN, P.A.
and Attorneys Title Insurance Fund, Inc.
for any loss or damage, including court costs and attorneys fees,
arising rrom aizy interv�:ning iiens or ocher m�itters �v�iicn. ad.verseiy
affect the title to the above described property.
5. Affiant understands that the figures set forth on the settlement
statement relating to mortgage payoffs, mortgage assumptions, taxes,
utilities, rental prorations, maintenance fees, special assessments,
and/or any other charges are based upon the best information available;
and in the event said figures differ from the actual figures, Affiant
agrees to promptly pay all additional sums owing which are necessary to
fully satisfy said outstanding balances.
6. Affiant gives this Affidavit for the purpose of inducing
DAVERSA AND MARTYN, P.A.
to disburse, at the time of closing, any proceeds of sale, any mortgage
proceeds, and/or disbursements made in accordance with any agreements
between the parties hereto.
7. Affiant understands whoever makes a false statement which they do
not believe to be true, under oath, not in an official proceeding, in
regard to any material matter, shall be guilty of a misdemeanor of the
first degree, punishable by a definite term of imprisonment not exceeding
one (1) year, as provided in Chapter 775 of the Florida Statutes.
Village of Teque�ta
By:
Thomas G. Bradford
Village Manager
(Corporate Seal)
STATE OF Florida
COUNTY OF Palm B�ach
Sworn to and subscribed before me this 6th day of May , 1999 by
Thomas G. Bradford, Village Manager of Village of Tequesta, a Florida
Corporation, on behalf of the corporation
he is personally known to me or he has produced his Florida driver's
license as identification.
Printed Name:
Notary Publa.c
My Commission Expires:
2 4 5 4 SHAW Laser Genera[ed by C9 Display Systoms, Inc„ 1998 (94I) 763-5555 Form FLAFF-6