1980-08
AGPEm~N':1:' #80-8
e Receipt for Deposit - Offer to Purchilse ilod C;~t;;ct.mf;~ '^S;I~ ,,,<om',, ""
Date 2 - 2. \... '- '~~
RECEIPT is hereby acknowledged by HOVIS AND BAIRD TRUST ACCOUNT RlJ~
CK~arDfxRKmftmJllteoBmk&Dc:u>>ci~ltaliedot'#~~x-LJo1e~ tg~~t~-1'JSl.~a Drive. Clermont. Flori~27l
(Address) ( ) cash (X ) check in the sum of
FIVE HUNDRED AND No/lOO--------------------------------------- DOLLARS ($ 500.00 )
from..l:.lTY OF CLERMONT hereinafter called Buyer,
as an earnest money deposit and as a part of the purchase price on account of offer to purchase the property of
hereinafter called Seller, MRS. E. G. COOLEY
said property being situated in the County of
Lake
and State of Florida, to wit:
>-
Lots 13, 11, 9, 7, 5, and the West 1/2 of Lot 3, Block 40, City of Clermont,
and that part of Magnolia Street lying North of said lots.
upon the terms and conditions as follows: the total purchase price being $ 30,000.00 _and shall
be paid as follows: The deferred payments shall be payable as follows:
Cash Deposit (above) ... $ 500.00
Cash on Closing ................ $ 29,500.00
Existing Mortgage or Liens assumed $ -0-
Deferred Payments .... .......... $ -0-
Total......................... $ 30,000.00
-f
1. Abstract-Title Insurance-'- The Seller is to furnish, at his cost, abstract of title, certIfied to date. or title insurance binder
(with cost of title insurance policy bei<r paid for by Seller), showing good and merchantable title, at option of the Seller. to the Buyer
or his designated attorney, within 3 days after this date.
2. Examination of Title-Time to Cure Defects-The Buyer or the attorney shall have 10 days within which to examine
the said abstract of title or the title insurance binder and to signify his willingness to accept same. whereupon this transaction shall be
concluded within 30 days.
In the event examination of abstract of title proves the title to be unmerchantable or uninsurable, the Seller shall have 90 days
within which to cure the designated defects in the title that render same unmerchantable or uninsurable in the opinion of the Buyer
or his said attorney, and the Seller hereby agrees to use reasonable diligence in curing said defects. and, upon the defects being cured
and notice of that fact being given to the Buyer or his 'said attorney. this transaction shall be closed within 10 days of delivery
of said notice. Upon Seller's failure or inability to correct the unmerchantability of the title within the time limit or a. reasonable time,
at the option of the Buyer. the Seller shall deliver the title in its ex isting condition, oth~rwise the Agent, or th.e Setter.. holding the herein
mentioned earnest money deposit shall return same to the Buyer upon demand therefdr and all rights and liabilities on the part of the
Buyer arising hereunder shall terminate. Provided, however, that in the event of a disagreement between.the Sellar and the Buyer or
his said attorney, as to the marketability of the title, the Seller may offer the binder of a reputable and solvent title insurance company,
agreeing to insure the marketability of said title, which shall be conclusive that said title is merchantable. Upon return of said deposit
under such conditions, the Seller shall pay the Agent the fee specified hereunder or at the option of the Agent. an agreed sum not
exceeding the regular fee, to cover expenses incurred.
3. Zoning-Restrictions-It is understood and agreed above mentioned property is being sold subject to the zoning ordin(!nces,
restrictions and limitations of record and public utility easements of record, if any, which do not interfere with use of said property
for purposes.
4. Conveyance-Seller agrees to convey title by Warranty deed to Buyer.
free and clear of all liens and encumbrances. including all charges assessed or to be assessed for public improvements commenced
prior to closing, except as herein otherwise provided, and said deed shall be prepared without expense to the Buyer.
5. Documentary Stamps-The Buyer shall properly execute the required notes and mortgages. if any, and shall pay for the
documentary stamps on the purchase money note and for recording the deed. Seller shall pay for the documentary stamps on the
deed, and for the intangible tax and recording the purchase money mortgage, if any.
6. Closing Costs-If this transaction shall be closed through an abstract office. bank, law office, or any other agency than the
office of the Agent, and where a closing or escrow charge is made. such expense shall be borne by the
7. Proration of Taxes, etc.-All adjustments of taxes. insurance premiums, interests. rents or other items on said property are
to be made on a pro rata basis as of the specified time or date of closing. (If taxes and other items are not to be prorated, specify
agreement as to such items.)
Possession will be given Buyer on closing
8. Survey-If the Buyer desires a survey of the property, he may have the property surveyed at his expense prior to closing
date. If the survey shows any encroachments on the land herein described or that the improvements located on the land herein de.
scribed encroach on other lands, written notice to that effect shall be given the Seller and Seller shall have the same time to remove
such encroachments as is allowed under' this contract for the curing of defects of title. If the Seller shall fail to remove or cure said
encroachments within said period of time. then the deposit this day paid shall, at the option of the Buyer be returned to Buyer upon
demand, all rights and liabilities arising hereunder shall terminate, or Buyer may. ,at his option, close this transaction in the same
manner as if no such defect had been found.
9. Termite Clause-Prior to dm:ini ~t RIIY""" .."p..n.... th.. R"y('r ..hall h~"v the right t9 ~ave the ~re~er:ty iAs~eeteEl 8)' e
~jGeRsed-ffi{teflTlffiatfng--EemflaRY te seterR'liAe \.I'lether tl'lere is afl)' eeti ie termite or ..ood-tle~tl oying 01 geni~1 II ill all>' i'''I-',ove,,,,,,,l:.
on ~aic1 propprty n. ~ny rbm"g" frOQJ priOr termite or "'ood deitroyiRg ergaRi&m te Gaia im~ro','eR'leftt3. If tht:re i3 al,y 3tlch ;IIIe:.lCl"
-tfOfl or d3m~ge, thc Scl~er sl'lall pay all easts af treatme"t and repeiring-8ftd/or replecing ell po,tjon~ of said ;II,p,()ve,,,,::,,l,, ..!.ie-I, am"
-ffife&ted ar Rave beef'! e1~ffiaeeEl; PROVIDED, HOWEVER, iA the e.eflt the easts ta be iflcl:lrred ere more the" three percent (JIb) of>
the ~IHGhaS8 priGe, the Seller may affer te GeRvey saia pre~erty iR its wesent oonditieR with the purehase priee reduoes. lly tR8 estio--
_lated'-cost-s--t-o~-ee...ifl€tJffeEl;-i-f--5u eh 6ffe r is a ecepteEl-afld--ag reed-t-o,--i n-'~w rit i ng :..-by-the--8uyer: ---or.~SeHer'-may-deel are--ttt's-~ag reement-
~_f}ull~and-yoid-aAd-all-monies-<leposited~-will ge reflmEled. IR the eveRt ti'le 8Y)'er refuses-to-ae*pt-~fHts~-e6f!ditiefr
with the ~IH€t:lase ~riee resysea BY the e&timatea eests te be iAeyrrea. ti'leA HIl; Buyer shall S6 Retif)' the Broker end Sellel, in ..1'ttin1r.
tthin day!;, ar:1Q tRi!; agreemeRt '''ill be Q9REidered R\l1I aRa veid aRd all mORie& ae~e&ited will be refunded, Gthe,..,is6i
i:; ;~lIle ~hdll be i~ I ull h.1~" a:-.d ".."..... I.. 1I... .......t 8..11.... ...I......l.l ..~l la c.olove~ the pra~ert:l far the pl:Hehase ~riee rcduced B~ the
ettimateQ COiti of treatmeRt, repilin; iRd/or replacemllRt5, tRe Broker ,hall, Reuertllel85&, be 8Rtitled to the fee for prof~
.. services rendered wRish weyld etR8n'lli&8 !:la.'e beeR dl.l8 if &aid ule lad bS8r:1 complet8.
10. Loss or Damage-The risk of loss or damage to premises by fire or otherwise. until delivery of deed. is assumed by the
Seller. The Seller further agrees to deliver the property in the sa me condition as it is when this contract is executed.
COPYRIGHT BY THE FLORIDA ASSOCIATION OF REALTORS
J..
11 Employment of .\gl!nt-Fee-Dlsposition oLDeposit-The ~eller acknowledlZes that he has emplo)lF!rt thA Aeent to ,find II .-
pur-::haier and ;agr!jl"'~ t; p~y to ",,;ri Aspnt 1M hie """"i,.",,, "lit "f tbe fi,~t "10n"'y re"ei"eo. the fee ..pp1icabl'i on the liale of thlli type
--Gf-pr.oparty, Q.,- ,uch lium' ai may ha"'i her'itofor9 t-'ien "SroEHi'Q to in "'riting If t~e ~"iQ Rlly"'r f"il~ to perfor"" the cQ"enantli. herein
conta,i;;d \~i;hi~ tho tim, Sp~l"'ifi~rt. ::.nrl th~ ~,:allor ol~rtc: nnt tn roqllirA ::. c:por,fir rorfnrrn~nro thor~nf. n,. C:II~ for namages. t~e
--ator9liSid d-epoliit Or del10liitli made by the Buyer may be forfeited as liqllidated damages (Ilpon teA days' notice to the: Bl;Iyer er lIis--
;~~:t~~~~r.~,:~~ t~:";~~~r t~~::;~f,,;~:~1 ~r" ::~"~,,;:ee"l i~' ~r~;~nt t~~rigr~~;: ;"~~A~~~;~7~ri~:i~Ot~~~A S~~:~t. ';r~~i~At~~~~
that the Agent's proportion Iihall Rot exce'iQ thll filII """,,"nt of th~ f,,~ h",,,in dipllllltArI A" prnvirlArI in thA TPrmitA r.llllI"A llhove.-
in thA AVAnt SAIIAr AIAd" not to r.onvAY thF! prnpArty as prnvidAd in sarrl clausA thA RrnkAr "hllll nonAthAIA"" hA AntitlArI la-
the fee which wO"IQ "th"rwi"" h"vA hAAn rill" if "llirl ""IA hlld hAAn r.ompletAd .
_ 12. Deflnltions--The words "Buyer", "Seller", and "Agent" herein employed shall be construed to include the plural as well
as the singular, and this contract shall be binding upon their heirs, administrators, executors, successors and assigns, and the mas.
culine shall include the feminine and neuter, where the context so admits or reguires.
13. Making Time of Essence and Notice-Time may be made the essence of this contract by notice in writing, stipulating a ~
reasonable time for further performance. Any notice necessary under this agreement may be sent by mail to the last known address .
of the party to be notified,'
14. Special Clauses:. .
/7)/j'C
1. City agrees to move existing chain link fence from the center-line of Magnolia
Street to the North line of the street at no expense to Seller.
l7M1J I./.,~, .
2. Contract subject to City obtaining interim financing in conjunction with ~nnA. )
financing for waterworks improvements.
'171 .5 C-
7/7"'-;$ (,-,
3. Closing within ten (10) days after City's receipt of interim financing.
THIS INSTRUMENT shall become effective as a contract when signed by Agent, Buyer, and Seller. If not executed by all parties
on or before any moneys deposited shall be refunded and the proposed transaction shall terminate,
By
Broker or Agent. By
I, or we, agree to purchase the above described property on the terms and conditions stated in the foregoing instrument.
Witnesses:
~
.)> ,
MAYOR
(Seal) ,.
(Seal)
Buyer
I, or we, agree to sell the above mentioned property to the above named Buyer or his nominee on the terms and conditions stated
in the above instrument and by the signature attached on the__day of 19_ signify our acceptance
.nd 'ppro.,1 ~ the prop.'" Dsa'e., cj)(), I 'lot ......)"'., A / . I
Witnesses:~ }C0< d:d _ 1f7:@L "Seller I' 11 t.-V1f?fA~1' /. J ' L;---'-d/ (Seal)
(Seal)
I, or we, agree to pay , Realtor,
as a fee for professional services rendered. in finding a ready, able and willing Buyer for the above described property the sum of
Dollars ($ ) or one-half the deposit, in case the same is forfeited
by the Buyer, provided the amount shall not exceed the full amount of the fee,
Witnesses:
(Seal)
(Seal)
Seller
(Y
ACKNOWLEDGMENT
"-~
County of
} SS.
State of
I HEREBY CERTIFY, That this day in the next above named State and County, before me, an officer duly authorized and acting
personally appeared
to me well' known and known to me to be the individual
knowledged then and there. before me that
described in and who executed the foregoing instrument and ac.
executed said instrument.
'WiTNESS niy liand. and official seal this
. , ~.
day of
, A. D. 19_, at
.i
Notary Public
My commission expires on the
, A, 0, 19_
day of