HomeMy WebLinkAboutResolution No. 1978-36 MICROFILMED 4-11-80
RESOLUTION NO. 78-36
•
A RESOLUTION AUTHORIZING THE CITY OF
CAPE CANAVERAL, FLORIDA TO ENTER
INTO A CONTRACT FOR SALE AND PURCHASE
WITH FLORIDA POWER AND LIGHT CO. FOR
THE PURCHASE OF BLOCK 47, AVON-BY-THE-
- SEA SUBDIVISION; PROVIDING AN EFFECTIVE
DATE.
BE, IT RESOLVED by the City Council of the City of Cape
C;^_ia Canaveral, Florida, as follows:
Section 1. The Mayor and City Clerk are hereby author- •
ized to execute a Contract for Sale and Purchase with Florida -
Power and Light Co. for the purchase by the City of Block 47,
Avon-by-the-Sea Subdivision, a copy of which is attached and
made a part of this Resolution.
Section22. This Resolution shall become effective
immediately upon its adoption by the City Council of the City
L✓
of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 15th day of August, 1978.
.,,.---‘ft?',4404e:-(44"11fe'L‘ ..il-e-vt.-r-A} a
:., • rl� Mayor
• -
A.ttest: .-
;;3Ervirio“.;e:7:S'
City 1er•`k?3. ®
�u �. �nt �Ati NAME I YES\NO
Approved^
as to form:
gOYD
LEE ■
ity tCorney RIGERMAN
GOT 1 1•fA1..1 ellJ'r1r. HLLr•�rvv'Y-V 1 Ic.s i.•-t ,...
: �� ,... .A..
FLORIDPO E_R & LICHT COMPANY t ,as 'SELLER,'
of .1Fi.:'+,�- "i b'F1 Cir ida (Phone 636-7411 },
and • CITY OF CAPE CANAVERAL, FLORIDA • ,as"BUYER,
-
ID Canaveral, Florida 783-1100
of ' _, (Phone ),f
iSereby agree that the Seller shall sell and the Buyer ,,,,31; buy the following property upon the terms and conditions hereinafter set forth (INC_UOINC. THE
TANDARDS ON THE REVERSE SIDE HEREOF),to-wit:
. (a) Legal description of real estate located In Brevard County,Florida.to-wit:
g
All of Block 47, Avon—By—The—Sea Subdivision, according to the Plat thereof n
as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, • M
Florida. O
. -n
(b) Street address,If any,of the property being conveyed Is I—
(c)
(c) Personal property included:
rri
• NONE C7
II. PURCHASE PRICE: 5110 s 000.00
PAYMENT. W
(a)Deposit to be held In trust by in the amount of $ 1.000.00 t--i
ii
(h+-Strbjeet--ba-AN•B•eres•tarnistien-e-Wortgage-in-faver-of 00
t-=—itrOf
S • . .
( scbase--money. t-- . . -. •
ernae»t-oi. $
$
(e)Balance to close(excluding deposit)subject to adjustments and prorations $109•000.00
*By date specified in the Addendum.
TOTAL: $110,000.00
Ill. EVIDENCE OF TITLE:In the event a base abstract to the subject property exists then the same shall be brought current as otherwise provided herein,but if
sods abstract does not exist then within-.21-__days from the date of this Contract, the Seller shall, at his expense, deliver to the Buyer or his attorney,in,
accordance with Standard "A" on reverse side either (CHECK) @(I) OR 0(2): (1)Abstract or (2)title insurance commitment with fee owner's title policy
premium payable by Seller at closing. r
IV. TiME FOR ACCEPTANCE: If this Contract is not executed by both of the parties hereto on or before 3Q days ,the aforesaid deposit shall be,at
the option of the Buyer,returned to him and this agreement shall thereafter be null and void.The date of Contract shall be the date when the last one of the Seller
and Buyer has signed this Contract. date specified in Addendum hereto. '
V. CLOSING DATE:This transaction shall be closed and the deed and other closing papers delivered on the day of- ,14r.......,
unless extended by other provisions of this Contract. .
Vi. RESTRICTIONS,EASEMENTS;LIMITATIONS:The Buyer shall take title subject to:Zoning,restrictions,prohibitions and other requirements imposed by
governmental authority;Restrictions and matters appearing on the plat or otherwise common to the subdivision;Public utility easements of record.provided said
sements are located contiguous throughout the property lines and are not more than tenfeet in width as to therearor front lines and seven and ono half feat in width as
to the side lines, unless otherwise specified herein;Taxes for year of closing and subsequen years,assumed mortgages and purchase money mortgages,If any;
'1t7.�C2 - a - I a •a is • - I II a ' O• - u' 1`. -a •I _
provided,however,that none of the foregoing shall prevent use of the property for B2tiU'0Pt9135XCillf Vo lid Intl rlir'7 pal rogul a t4 DAC_
VII. OCCUPANCY: Seller covenants and warrants that there are no parties in occupancy other than the Seller, and if the property is rented, the tenants)
disclosed pursuant to-Standard "G•• on reverse side. Seller agrees to deliver occupancy of said property at time of closing unless otherwise specified below. If
occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to the property from data of occupancy,shall be responsible and liable for maintenance
thereof from date of occupancy,and shall be deemed to have accepted the property,real and personal.in its existing condition as of time of taking occupancy.
VIiI. ASSIGNABILITY:(CHECK ONE) Buyer ❑may assign ®may not assign this contract.
iX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted in this form or attached hereto as Addenda shall
control all printed provision in conflict therewith.
. .. . . . .. -l-is-==all. - .rill.
cer ':(steamier-said-kaa -- --.=-`rem • .. . . _ . __Sr,-ter-m-o€---= —years-ani-Irrthe-peineip-e-amount-of
= w-said-ti-Faae-P edr-e44eF•Pa<y-heret.e--nay
yea .
XI. SPECIAL CLAUSES:: • - -
' See Addendum attached hereto and made part hereof for Special Clauses. . -f.'
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY U:13i E`SSTO&aL ;ft, --
• SEEK THE ADVICE OF YOUR ATTORNEY PRIOR TO SIGNING. i,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND Tc FLORIDA BAR 1�• I
Copyright 1975 by The Florida Bar and the Florida Association of Realtors ,�• (_ - ( 9
• Executed by Buyer on ) Yom L 1
WITNESSES:(Two are required
• 'N
The City of Cape CanavQal' .
1 � 1 •
& / / � 1 )
C t� • /-&/� � /�� �� �' r1ij/i�.} � \‘� (sseAA_L}
Ann H. Thurm, Mayor
Executed by Seller on
WITNESSES:(Two are required) Florida Power .& Light Company
(SEAL)
•
- -By: (SEAL)
-
Deposit received on to be subject to this Contract;if check.subject to clearance. ,
(SEAL)
By:
Escrow Agent
eReflertAffe—Feel Selfer-agrees—to-PaY't bait.'.-at•-timof-el,as,mgr-iter -tbe-diebarsea1aw.s-Orli»...p,. e+dtef-sata,'
__9O.o}-groyy'PyK iee!irtg-tise•sela-(tote-ewer-l-Rayed,ails-t-orPe a nd-def+osii-ts=rataiwpd,.•5.0•>'
I . . . . _ iI ca. s:2_.ahor►-for ,.. w =py
ly pared-frnt'ir errtof- ' • - ., - - .- • . - ._ ..tlerrand-the-rerneinder,hel4-tt pard to-Seller.
- • •. • -- - Seller-to•PefferrnrNie-Sell-shall-Pa -eeid•se-rirrft5WFto-broker-Orrdernanth
A . r (SEAL)
.'(Sc L
Name of Broker •3 Seller ,. x ,,
* 1:-.,"---.r.}-*(SEAL)
. ,./::,- o Seiler 2'•- fir-. .' t.cr•;c,.�,•
'7„ 4...-. „r ar, t<d t1"t' } ,'" s ,et..t^".e''..,1,.:`1,^' r s, -P'W� R -,G, � ri 1•p`j,t+-
-..4; ^¢-+.�:- ...1+..-.- .K;,x, .:.T.a._... ....r 3V- .-d .ata...,'ra'f:''' ...... ti .-_..: l-._.' - -.d`a.•:.i 4.,,' .t.•t,
•
•
• STANDARDS FOR REAL-ESTATE-TRANSACTIONS', � ,
�•
r a.
A_ EVIDENCE OF TITLE: (1)A"base abstract"of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as'.. ••=•.--,:...'
---•--correct by an existing firm)Purporting to be an accurate synopsis of the Instruments affecting the title to subject real'property recorded in public records of Me'--
_ • . county wherein the Land is situated,through date of this Contract..For purposes of this Contract a "base abstract"shall mean an abstract Commencing with the.
. 'earliest public records;or such later date as may be customary In the county wherein the land-issituate,which has been-fast-certified to a Cate within 35 years----'. -,
Immediately preceding the date of this Contract.Setter shall convey a marketable title in accordance with the Standards adopted from time to time by The Florida . :_...
Bar,subject only to liens,encumbrance,exceptions or.qualifications set forth tn.ihis..Contract and_.hose which Aau.be discharged-try Seller at or before dosing.--...._:••,
•. Upon closing of this transaction such abstract shall become The property of Buyer,subject to the right of retention thereof by first mortgagee until fully paid;or(2) .-..
A title insurance commitment issued by a qualified title insuror agreeing to issue to Buyer,upon recording of the deed hereinafter mentioned,an Owner's policy of.-•` "
y,
Title Insurance In the amount of the ,Purchase.price, Insuring title of the Buyer to the real propert 'sUbject Only to liens, encumbrances. exceptions or'- '-
qualifications'set forth.In this Contract-and those which shall be discharged by Seller at or before"closing.Buyer shall have'thirty(30)days;if abstract,or five.(5) .,-, ,.
• • days;retitle guarantee;from.date of receiving evidence of title,to examine same.II title is found defective,Buyer shall,within three(3)days thereafter,notify.
• 'Seller in writinq'specifying defeatist if said defects render title unmarketable, Seller shall have 120 days from receipt of notice within which to remove said
defect(s);and'if Seller is unsuccessful in removing.them within said time.Buyer shall have the option.of either(1)accepting the title as it then-ls,or(2)demanding
a refund of all monies Paidhereunderwhich shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released of all.further obligations under .. ,
the Contract;however,Seller agrees that he will,if title is found to be unmarketable,use diligent effort to correct the defects In title within the time limit provided I, • j
therefor,Including the bringing of necessary suits. . _ .,
rate,and w • • ..•rtgage(s)is In good standing.In the event a mortgage requires acceptance or approval of Buyer by the mort - - . •- o avoid default.
and mortgagee does not appro•- - - then Buyer,at his option,may rescind the contract-and receive a return made hereunder.. . . . -
..
C. PURCHASE MONEY MORTGAGES:The purchase money no : • • •••••a.•: '_ _ Provide fora thirty(30)day grace period in the event of default if it `^/
is a first mortgage and a 15 day grace period if a second mor •-•- •rovide • '• • • e•.yment in whole or in part without penalty;shall not provide for
acceleration In event of resale of the proper • .._ • •e otherwise in form and content requir-. . •rney:provided,however,Seller shall not require . •N
• • clauses not customarily fou.. • • • •.ges and mortgage notes generally utilized by savings and loan institutions n • .-• ,herein the property is located.
• Said mort• - • re the owner of the property encumbered to keep alt prior liens and encumbrances in good standing and forb.• . • -- • the property O
D. SURVEY:.The•Buyer,within time allowed for delivery of evidence of title and examination thereof,may have the property surveyed at his expense.If the ' ,r-...
survey,certified by a registered Florida surveyor,shows any encroachment on said property or that improvements intended to be located on the subject property in ."
. fact encroach on lands of others,or violate any of the Contract covenants.the same shall be treated as a titte.defect.Any survey prepared In connection with or as a...",
--•-"- consequence of this transaction may Include a description of the property under the-Florida-Coordinate System as defined in Chapter 177•Florida Statutes. - _ "'rm .
bonded extermm. . . .• . •.-.a whether there is any active termite infestation or existing substantial damage from prior to ..• - - . • in he improvements.: .
• The consequence of said infestation or •. ._ •- •- that Seller shall pay all costs of treatment r . ' -• , ••such infestation or damage,including cost of• • 1�
.. T
.__..........repairing or replacing all portions of said improvement whic - - -• • •...-•-• •••"•- n the event costs to be incurred are more than three percent(3%) ,:..,r '
of assessed valuation of improvements to the real pro•er • • ••.• e most r- .. . . •• . • the county Property Appraiser,then Buyer shall have the 1,...a
. option of cancelling this Contra .' r .ays after receipt of the termite inspection report • • • • ' -. otice to Seller,or Buyer may elect to - .I-4" - -----proceed wi . - •-. •n,in which event Buyer shall receive a credit at closing of an amount equal to three(3%)percent o 5- . • • - ,tion. 'Termite" -
-• -- .estraying-ergan)srne. ,1;
-• •F. INGRESS AND EGRESS:Seller covenants and warrants that there Is ingress and egress to said property,.,-i:.-,s,J;:D_ ':ter:G-:-. .� ti .. _;;ass;. ',j�
:.:.----:-.-.-•,':specifying-the nature and dura ion o a. 0-tenant's-oeeuparacy,-renta . .nd adv.. .• •• . •- •.•• • • •• - an . n he event Seller Is unable to
obtain such letters from .. •- •••• - - - - Than ate wind • by Seller to Buyer withinBald-time-period-Je-tha-term of e$eller's affidavit,and Buyer..:
H. LIENS:Seller shall,both as to therealty and personalty being sold•hereunder,.furnish to Buyer at time of cioting an affidavit attesting to the absence,unless.
otherwise provided for herein, of any financing statements, claims of lien or potential 'tenors known to Seller and further attesting that there have been no
. improvements to the property for 90 days immediately preceding. date of closing.If the property has been improved within said time,Seller shall deliver releases or11:-''•- '.-2,.
,
waivers of all mechanic's liens,executed by general contractors,subcontractors,suppliers,.and materlalmen,-in--addition to Seller's lien affidavit,setting forth the`
names of all such general contractors,subcontractors,suppliers and materialmen and further reciting that in-fact"all bills for work to the subject_property which :..,
could serve asa basis for a mechanic's lien have been paid or will be paid at closing. -;. _. 1•.•.,_,.• . •.--;• ;•ii:j -•::•.,
• " -' • I. PLACE OF-CLOSING:Unless otherwise agreed upon,closing shall be held at-oftice of Seller's attorney,tf said officeislocated In the county wherein subject-
"..,::.•..:..:.:
property Is located. - -
J. TIME:Time Is of the essence of this Contract-Any reference "
herein to time periods of less 6 days shall in_the computation thereof exclude Saturdays,
' - Sundays and legal holidays,and any time period provided for herein which shall end on a Saturday,Sunday or legal holiday shall extend to 5:00 p-m-of the next -
' • full business day. , •--- • ••.
.. K. DOCUMENTS FOR CLOSING:Seller's attorney shall prepare deed,mechanic's lien affidavit and any corrective instruments that:may,be required in,connections - -.
with perfecting the title;Buyer's attorney will prepare closing statement,mortgage,mortgage note,and financing statements.
"" 'L. EXPENSES. State surtax and"documentary.stamps which are required'to be affixed to the instrument of-conveyance, intangible tax on'purchase money - • '
morteage,recording of mortgage,and cost of recording any corrective instruments shall be paid by Seller.Documentary stamps to be affixed to the note or notes. . .. ..
secured by the Purchase money mortgage,and cost of recording the deed,and financing statement shall be paid by Buyer• _ .
M. PRORATION OF TAXES(REAL AND PERSONAL):Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable-
discount and homestead or other exemptions if allowed for said year.It closing occurs at a date when.the current year's taxes are not fixed,and current year's : ,-i:
assessment Is available,taxes will be prorated based upon such assessment,and the prior year's millege.If current year's assessment is not available.then taxes will
be prorated on the prior year's tax;provided,however,if there are completed improvements on the property by January 1st of year of Closing.which improvements. _
were not in existence on January 1st of the prior year, then taxes shall be prorated to date of closing based upon the prior year's millage and at an equitable- • " '
. assessment to be agreed upon between the parties, failing which,request will be made to the county Property Appraiser for an Informal assessment taking into -"
consideration homestead exemption,if any.However,any tax proration based on an estimate may at request of either party to the transaction,be subsequently'. ,--_
readjusted upon receipt of tax bill anda statement to that effect is to be set forth in the closing statement.
' ' N. SPECIAL ASSESSMENT LIENS:Certified,confirmed and ratified special assessment liens as of date of closing(and not as of date of Contract)are to be paid -_-!--::',
by Seller.Pending liens as of date of closing shall be assumed by Buyer,provided,however,that where the improvement has been substantially completed as of the • . .--
. date of Contract,such pending lien shall be considered as certified,confirmed or ratified and Seller shall,at closing,be charged an amount equal to the last estimate _,,
by the public body of the assessment for the improvement
•
be in working ca err • .. - •f closing. Buyer may at his sole expense and on reasonable notice,cause.. -, - • . ..e •y e licensed firm or -- ,
firms dealing in the repair and maintenance of suc • - • • .,..,ions ..•.• • • - . • •eriod allowed for examination of the evidence of title or -
the taking of occupancy of subject property b - - - - "•" occurs ins. - -- . . itin•to Seller within said time period shall be deemed a .
• waiver of such r••. - -• a be resolved at cost of Seller with funds therefor being escrowed at c o - - -- - - • . e mortgage is taken by
•
assessed va r•" • . •" .•rovements so damaged,cost of such restoration shall be an obligation of the Seller and closing shall • • . • _- •- o he terms of .• .
• the Contract with cost therefor es • - • .•. In the event the cost of repair or restoration exc.-. • "• - •ercent of the assessed valuation of the -
Improvements.so damaged, Buyer shall have the option o - - - •-• .- • 0.- " with any insurance proceeds payable.by virtue of such loss or -
• damage,of'of cancelling this Contract and receiving return o - .. -•e ere . . _ - -. L'.;...!..,••-t.._i -;..: '... .r.::-....;-
.,1 .,. ' ; ...... . -
0. MAtNTEN a e of contract and date Of closing,trio pro ty;:.lncluoinq tawii,stirutiberyand pool•if a'ny,s by Seller In the
•
P.. PROCEEDS OF SALE AND CLOSING PROCEDURE:The deed shall be recorded'and-eiridence of title 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 last evidence and the cash proceeds of sale shall be held
In escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five(5)days.If Seller's title Is rendered •
-. unmarketable,Buyer's attorney shall within said five(5)day period,notify Seller's attorney In writing of the defect and Seller shall have thirty(30)days from date
- --"" of receipt-of such notification to cure said defect In the event seller fails to timely cure said defect,all monies paid hereunder shall,upon written demand therefore- -.; •
• - and within five(5)days thereafter, be returned to buyer and,simultaneously with such repayment,buyer shall vacate the premises and reconvey the property in
question to the seller by special warranty deed.In the event Buyer fails to make timely demand for refund,he shall take title as Is,.waiving all rights against Seller as
to such intervening defect except as may be available to Buyer by virtue of warranties,If any,contained in deed.In the event a portion of the purchase price is to be
derived from institutional financing or re-financing,the requirements of the lending institution as to place,time and procedures for closing,and for disbursement of
mortgage Proceeds,shall control,anything in this Contract to the contrary notwithstanding.Provided,'however,that the Seller shall have the right'toacquire from-- --
such tending Institution at closing a commitment that it will not Withhold disbursement of mortgage proceeds as a result of any title defect attributable to
Buyer/mortgagor. -
S. ESCROW:The party receiving the deposit(s) is authorized and agrees by acceptance 0-4,4611.S-hold same in escrow and to disburse it at closing in accordance-------
with terms and conditions of this Contract.In the event he is in doubt as to his duties or liabilities under the provisions of this Contract,the escrow agent may in his
.. sole discretion,continue to hold the monies which are the subject Of this escrow until the parties mutually agree to the disbursement thereof,or until a judgment of
a court of competent jurisdiction shall determine the rights of the parties thereto,or he may deposit all the-monies then held pursuant to this Contract with the.•.,...
Clerk of the Circuit Court of the County having jurisdiction of the dispute,and upon notifying all parties concerned of such action,all liability on the part of the :. '
escrow agent shall fully cease and terminate,except to the extent of accounting for any monies theretofore delivered out of escrow.If a licensed real estate broker,
the escrowee will comply with provisions of Section 475.25(1)(c),F.S.,as amended.In the event of any Suit between Buyer and Seller wherein the escrow agent is
made a party by virtue of acting as such escrow agent hereunder,or in the event of any suit wherein escrow agent Interpleads the subject matter of this escrow,the . _._. •
escrow agent shall be entitled to recover a reasonable attorney's fee and costs incurred,said fees and costs to be charged and assessed as court costs in favor of the •
- prevailing party.All parties agree that the escrow agent shall not be liable to any party or person whomsoever for misdelivery to'Buyer or Seller of monies subject to
this escrow,unless such misdelivery shall be due to willful breach of this Contract or gross negligence on the part of the escrow agent. . - .
T. ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this Contract, the prevailing party shall be entitled to recover all costs
Incurred,Including reasonable attorney's fees. .. • •_ . .. ; ,
' U. DEFAULT:If Buyer fails to perform this Contract within the time specified,the deposit(s)this date paid by the Buyer aforesaid may be retained by or for the
. account o'Seller as liquidated damages,consideration for the execution of this Contract and in full settlement of any claims;whereupon all parties shall be relieved
. of all obligations under the Contract;or Seller,at his option,may proceed at law or in equity to enforce his legal rights under this Contract_If,for any reason other
than failure of Seller to render his title marketable after diligent effort, Seiler fails, neglects or refuses to perform this Contract,the Buyer may seek specific - ' '
performance or elect to receive the return of his deposit without-thereby waiving any action for damages resulting from Seller's breach. • _.
V. CONTRACT NOT RECORDABLE AND PERSONS BOUND: This Contract or any notice thereof shall not be recorded in any public records.The benefits and ' • -
obligations of the covenants herein shall inure to and bind the respective heirs,executors,administrators,successors and assigns(where assignment is-permitted)of .
parties hereto-Whenever used,singular number shall include the plural,the plural the singular,and use of any gender shall Include all genders. ,
VI. PRORATIONS AND ESCROW BALANCE:Taxes,assessments,rent,interest and other expenses and revenue of said property shall be prorated as of date of
occupancy-The amount of any escrow deposits held by mortgagee shall be credited to Seller-Buyer shall have the option of taking over any existing policies of
insurance on the property,In which event premiums Shall be prorated as of date of delivery of occupancy.The cash payment shall be Increased or decreased as may
be required by said prorations. " .. _ .__...._..._.__- ....._.___,.... .. ___...._. _
special .__...._._..._.
X. CONVEYANCE:Seller shall convey title to the aforesaid real Property by)l)6XOQf2 warranty deed subject Only to matters contained in Paragraph VI hereof.
Personal property shall,at the request of Buyer,be conveyed by an absolute bill of sale with warranty of title,subject to such liens as may be otherwise provided
. for herein. .
. Y. OTHER AGREEMENTS:No prior or present agreements or representations shall be binding upon any of the parties hereto unless Incorporated in this Contract. '
No modification or change in this Contract shall be valid or binding upon the parties unless in writing,executed by the parties to be bound thereby.
mag
MICROFILMED 4-11-80
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
BETWEEN FLORIDA POWER & LIGHT COMPANY
AND CITY OF CAPE CANAVERAL, FLORIDA
XI. SPECIAL CLAUSES
1. Seller's Approval - Buyer understands and agrees that while this Contract
bears the execution of Seller, final approval of the transaction contemplated
herein rests with the Executive Management and Board of Directors of Seller and
such final approval cannot be obtained until on or about December 14, 1978.
Buyer further understands and agrees that upon notification by Seller that this
Contract has not been approved by Seller's Executive Management and Board of
Directors (which notification, if required, Seller agrees to forward to Buyer no
later than within ninety (90) days from the date of execution by Buyer of this
Contract) , this Contract shall be deemed immediately cancelled and of no further
force and effect and without Seller's being obligated for any loss or damage to
Buyer whatsoever other than the refund of Buyer's deposit.
2. Deed of Conveyance - Anything to the contrary contained in the other
provisions of this Contract notwithstanding, Buyer hereby expressly agrees that
title to the real estate described herein shall be conveyed from Seller to Buyer
by Special Warranty Deed in the form and substance of Exhibit "A" attached hereto
and expressly made a part hereof.
3. No Representations as to Quantity, Quality, or Condition of Land - By its
execution hereof, the Buyer understands and agrees that Seller has made no repre-
sentations or warranties as to the quantity or quality of the real estate described
- herein; and Buyer acknowledges that Buyer is notrelying upon any representations
or inducement that may have been made by Seller's representatives, agents or employees
with respect to the quantity or quality or with respect to the present or future
condition of said real estate.
4. Seller's Mortgage and Deed of Trust - The Buyer understands that the
subject property is encumbered by the lien of Seller's 1944 Trust Indenture, as
supplemented, and that Seller will obtain a release of the property from such
encumbrance on or before the closing date or as soon thereafter as practicable,
if the Buyer is desirous of closing prior to said Release being obtained.
5. Standards for Real Estate Transaction - It is agreed by Buyer and Seller
that to the extent the language contained in the printed portion of this Contract
or in any of the standards for real estate transactions, which form a part of this
contract, is in conflict with any of the language contained in the provisions of
this Addendum, the same are superseded by the language contained in the provisions
of this Addendum, and such language shall govern and control the interpretation
hereof.
6. The parties agree that this Contract shall be contingent upon the passage
of a special referendum election to be held by the City of Cape Canaveral, Florida,
on November 7, 1978, which referendum shall determine whether or not the City shall
purchase the property described herein. In the event said referendum fails to
pass, this Contract shall be null and void and the deposit paid by Buyer shall be
refunded to Buyer.
7. Abstract - Within fifteen (15) days from the date Seller approves and
accepts this contract as provided in paragraph 1 of this Addendum or the date of
the passage of the aforesaid special referendum, whichever shall last occur, Seller
shall deliver to Buyer the abstract in accordance with this Contract.
8. Closing Date - This transaction shall be closed on the date thirty (30)
days after both the aforesaid special referendum has passed and the Seller has
approved and accepted this Contract as provided in paragraph 1 of the Addendum.
i . 758
MICROFILMED 4-11-80
9. Broker - The Buyer represents and warrants that neither the Buyer nor any
of the Buyer's representatives, employees, or agents has dealt or consulted with
any real estate broker in connection with the transaction contemplated by .this
Contract. Without limiting the effect of the foregoing, the Buyer hereby agrees
to indemnify and hold the Seller harmless against any claim or demand made by any
real estate broker or agent claiming to be due a commission for the transaction
contemplated herein. The representation, warranty, and agreement containei
in this paragraph shall survive the closing of this transaction.
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Made this day of , A. D. 19 .PBttuiettt •,
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of the County of • , in the State of . part of the first part, and
of the County of in the State of , whose post office address is
e _ ,
part of the second port, .4. ,
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)LI.flbSSeLLt, That the said part of the first part, for and in consideration of the sura of
Dollars,
to in hand paid by the said part of the second part, the receipt whereof is hereby achnowl
edged, ha granted, bargained, and sold to the said part of the second part, hers
and assigns forever, the following described land, situate, and being in the County of
Slate of , to-wit:
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By acceptance hereof, the grantee(s) acknowledge(s) that the above-described real
t1 property conveyed hereby is adjacent to and in close proximity to real and
!i personal property owned by grantor and used by it as a public utility corporation:
e; of the State of Florida, and grantee(s) accept(s) the conveyance of the above-
'' described property with this full knowledge and subject to the use of the grantor'
:. a-d:ace :t 1:1nd and personal property for such purposes or any other legally
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: au;h:rlrcd use.
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And the said part of the first part do hereby� warrant the title to said Iand, and will defend the
` same against the lawful claims of all persons hhornsoever.
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/a ItRtsShl}roof, The said
, part of the first part ha hereunto set ,,i
hand and seal 1 the day and year first above written.
Signed, sealed and delivered in the presence of:
- — _ ..----_---.--..---.__-------.._.------ _._.._ _ .._ i .
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STATE OF FLORIDA,
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknewledgmnts, personally appeared
to me known to be the person described in and who executed the foregoing instrument and acknowledged
before me that executed the same. _
WITNESS myhand and official seal in the County and State last aforesaid this day of
A. D. 19
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I Ti:.s Irstnirttr,t Frparcd by. !
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