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Ord No 09-21-2399ORDINANCE NO. 09-21-2399 \ &.1 • ~,j) . An Ordinance authorizing the City Manager to sell two City owned properties located at 4400 SW 60 Place: Folio No. 30-4024-029-0130; and 7849 SW 68 Place: Folio No. 09- 4035-013-0942; both as a result of a competitive bid to the highest bidder. WHEREAS, the City determined two City owned properties located at 4400 SW 60 Place: Folio No. 30-4024-029-0130, and 7849 SW 68 Place: Folio No. 09-4035-013-0942 have no value or use to the City; and WHEREAS, competitive solicitations were issued for the sale of the subject properties with a request for a maximum bid cash offer; and WHEREAS, prior to issuing the solicitations, a notice to property owners adjacent to the properties were advised, by Certified Letter, of the City's intention to place the properties up for sale; and WHEREAS, the solicitations were posted on the City's website and Demand Star, a subscriber service for the advertisement of solicitations and advertisements were placed in the Daily Business Review; and WHEREAS the maximum bid cash offer for 4400 SW 60 Place: Folio No. 30-4024-029- 0130, is $500.00 and the maximum bid cash offer for 7849 SW 68 Place: Folio No. 09-4035-013- 0942 is $1000.00; and WHEREAS, the City Manager requests the authority to sell two City owned properties located at 4400 SW 60 Place, Folio No. 30-4024-029-0130 and 7849 SW 68 Place: Folio No. 09- 4035-013-0942 for the maximum bid cash offer. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein as the legislative intent of this Ordinance. Section 2. The City Manager is authorized to sell two City owned properties located at 4400 SW 60 Place: Folio No. 30-4024-029-0130; and 7849 SW 68 Place: Folio No. 09-4035-013- 0942; for a maximum bid cash offer both as a result of a competitive bid to the highest bidder. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance for signature. Page 1 of2 t • • Ord. No. 21-2399 .. \ < Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held in va lid or unconstitutional by a court of competent jurisdiction, this holding w ill not affect the val idity of the remaining portions of this ordinance. Section 5. Effective Date. This ord in ance w ill become effective upon enactme nt . PASSED AND ENACTED this 18 th day of May, 2021. ATIEST: AP PRO VED: -ci7 l3f?/f 1st reading - 5/4/2 1 2nd reading - 5/18/2 1 COMMISSION VOTE : Mayor Philips : Commis sioner Harri s: Commissioner Liebman: Commissioner Gil: Commissioner Core y : Page 2 of 2 4-1 Yea Yea Nay Yea Yea This Instrument Prepared by and Returned to: Thomas F. Pepe, Esquire PEPE & NEMIRE(ret), LLC 1450 Madruga Avenue, Ste 311 Coral Gables, Florida 33146 (305) 667-2564 WARRANTY DEED CFN: 20210469743 BOOK 32594 PAGE 4482 DATE:07/02J2021 08:32:49 AM DEED DOC 6.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS WARRANTY DEED made the JSiAday of Ju(\i(. , 2o:ll, by CITY OF SOUTH MIAMI, hereinafter caIJed the grantor, to SALLIE BYRD and her son, WADE BYRD, JTWROS, whose post office address is 7851 SW 68 Avenue, Miami, FL 33134, hereinafter caIJed the grantee: . (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W ! I N g ~ ~ g I H: That the grantor, for and in consideration for Ten and Noll 00 ($10.00) Dollars and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, alien, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Miami Dade County, Florida, to wit: WEST LARKIN PARK PBI2-49, N 6 FEET OF W 74.97 FT OF LOT C, OR 21194-17630403 3 SUBJECT to the easements, restrictions, reservations and taxes of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to that real property. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2020. -~ IN WITNESS WHEREOF, the said grantor has signed this document on this _1_-=5:;....· __ day of "-J C/ IV -e-, 2021. CFN: 20210469743 BOOK 32594 PAGE 4483 Second page of Warranty Deed from CITY OF SOUTH MIAMI, the grantor, to SALLIE BYRD and her son, WADE BYRD, the grantee ~Q \,.,UQ,Jo • Print Name Sign Print Name STATE OF FLORIDA ) COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this 15~ day of June 2021, by Sharareh Kamali, City Manager for the City of South Miami, who personally appeared before me at the time of notarization, and who is personally known to me or wh as produced as identification, and who did take an oath. ,..-.a...~ ...... 0A4 AITESTED: 1 Clerk NARY LIC, State of Florida at arge My Commission Expires: fu 2. ~ APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXEC~~,-=-THERE0F) /r--,\. :1 ~ ...... £ / ')?){7'li ,.~/. Thomas Pepe, City Attorney --~----- "AS IS" Residential Contract For Sale And Purchase t1'J FloridaRealtors' THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR l' PARTIES: CITY OF SOUTH MIAM I ("Seller), ("Buyer"), 2' and SALLIE BYRD and WADE BYRD (JTRS) 3 agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property 4 (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and 5 any riders and addenda ("Contract"): 6 1. PROPERTY DESCRIPTION: 7' (a) Street address, city, zip : Approximately 7849 SW 68 AVENUE 8 ' (b ) Prope rty is located in : M 1':"A~Mii'I.';D"'A"'D;;;E~c..:..::"'C""o-=u-'-m'-:t"-'-;YF=:lo:"'r=id"'a=-. "'R;-e-a"'l ;:;P-ro-p-e--crt'--y"":;T;:"""a-x'-:l ;:;D"""'N"'o-.-: "09"-4"0"'3"5"'0"'13"'0"'9:;4 2;;----- 9' (c) Real Property: The legal description is WEST LARKIN PARK PB12-49, N 1l FEET OF W /4.9/ F I OF LO I C 10 LOT SIZE APPROX . 449 Sq .Ft. OR 21194·1763 0403 3 AND AS APPEARING ON THE AlTACHED PROPERTY 11 APPRA ISER'S WEBPAGE 12 .., 14 15 '" ~ ,. -"l :Ill' 21 22 "'" 24 25 26' 2. 27 ' 28 together with all existing improvements aA!l-fooureS;-iAGIuding-built-iA-appiiaRGes;-auil~fRisAiA§6-ilA9 altaG~eEl wall-to-wall-carpetiAg .a nd-neer i ng -(~R eal -Preperty:')-unl e s s -spe c ifi G ally-exG luded in Paragraph-1 (e-).o r-by-o the r-terms of-this-Gontrac "?~ (l A (d) F>ersoAal -F>roperty7-U n~s-e xcluded -in Paragra ph-1(e}-er-by-ether-terms.ef this Gentract,the fellowing item s-which are-own ed -by Sellef-and-existing-en th e-Preperty as-of the date-of-th e-initial-e ffe r-are-i ncluded.in-th e-purchase rang e (s)l(even(s),refrigerator(s),<iish w a sher(s ).-d isposal,.c eili ng-faA (sk interGom,l ight-fixture (s),draper.y-roos -and draperies,-blind s,-w indow-treatments,.smoke-detector(s),.garaEe -d oor-epenerfs),.security-g ate-and -othe r-3cGess devices,.a nd-storm-shulters/panels -F P er.senal -Pre peFly!!.) • .of> ¥--~ ,.IP. Qther.i tems~n cl ooe~R-Il;is-pufGAase-af8 :-=N-"I,-,A ________ .JjIf/lZ=",-____________ _ Personal-PropeFly-i s-included-in the-Purchase-Price,-has-no-contributer.y-value,.a nd-shall-be left-for-the Buyer, fa) +lle-feliewiA g-items are-exGluded-frem-th e-purchasa; .:.N=/A-'-..;S;.J-k""':..,cIL9.pj"9--j)~~~~:>'------------- PURCHASE PRICE AND CLOSING PURCHASE PRICE (U .S . currency): ........................................................•................•.. $ 1,000 .00 (a) Initia l depositlo be held in escrow in the amount of(checks subject to COLLECTION) ... $ 50 .00 The initial deposit made payable and delivered to "Escrow Agent", named below 29 ' (CHECK ONE): (i) !lSI accompanies offer or (ii) 0 is to be made within (if left blank, 30 then 3) days after Effective Date. IF NEtTHER BOX IS CHECKED , THEN OPTION (ii) 31 SHALL BE DEEMED SELECTED 32' Escrow Agent Information: Name: _____________________ _ 33' Address ~. Phone: -------E;:;--m:--a-.i.,.I :-------------~F;-a-.x-.:------ 35 ' 38 ' 37 38 ' 39' 40 41' 4 2 :-;-:,...,....,--,--:-:----:-(b) Additiona l deposit to be delivered to Escrow Agent within (if left blank, then 10) days after Effective Date .......................................................................................... $ _____ _ (All deposits paid or agreed to be paid , are collectively referred to as the "Deposir) (c) Financing : Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 ...... ______ _ (d) Other: ...... $ _____ _ (e) Ba lance to close (not Including Buyer's closing costs. prepaids and prorations) by wire transfer or COLLECTED funds . ........... ......... ...... ... ... ...... ......... ... ... ...... ... ............ .... $ _____ 95_0_.00_ NOTE: For the defin iti o n of "COLLECTION" OR "COLLECTED" see STANDRD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: «- 45' 46 47 48 (a) If not signed by Buyer and Seller, and an executed copy de livered to all parties on or before June 5. 2021 , this offer shall be deemed withdrawn and the Deposit, if any , shall be returned to Buyer. Unless otherwise stated , time for acceptance of any counter-offers shall be within 2 days after the day the counter·offer is delivered. (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed 49 and delivered this offer o r final counter-offer ('Effective Date"). so 4. CLOSING DATE: Unless modified by other provisions of this Contract , the closing of this transaction shall occur and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ('Closing ") on June 15,2021 ("Closing Date"), at the time established by the Closing Agent. 51 52' 53 5. EXTENSION OF CLOSING DATE: 54 65 66 (a) If-G lesin g-fuAd s-froffi-Buyers-lende r(s }-a re-no t-a va ii abl e-a l-lime-e f-G 1OS i Ag-due-te-T ruth-ln-bending-Act-{+l bA)-noti G8 re quir e ments,-Glo.~i';.g-;;'')f II -b e-ex teneed-for-Su G h-period-nes e ssary-to -sat i sfy.l=lbA-nelice-requirements,-not·to eX Geed-7.day ~V ~ Buyer's Initials d1!l ///,;( Page 1 of 11 Seller's Initials SJ(..; FloridaRealtors/Florida8ar-AS1S-2 R ~ @ 2013 Florida Realt ors® and Th o FlOrida Bar. All nghts reserv ed 57 sa 59 60 .. "'" 53 64 65 6. 66 67 68 69 70 71 72' >3 74 ,. ,.; 1+ ~ 7ll 60 81 ' 7 . 82' 83 84 8. os' 86 8T" "'" 89' 00' ...., 92' 93 94 95 9 6 9. BB BB ;1.00 "'" ..0, '03 104 105 106 107 (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes : (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance, to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days aller restoration of utilities and other services essential to Closing , aAs a'iailability-ef.appliGa91e-H~4;-WiA8;-J'lQeEklr Hemeewner~nsur-anG e,..lf-resteratien -of-su G A-ulili~e&er-5ervises-and-availability-of-insurance-hasoflet-oGGurred within (if-left-blaAk ..... then-14-)·days·after-Glesing -Date,than -either-party-may-ter-m inate-this-Gontr-ast-by deliver-ing-written-netice-te -th e-ether-party,and-Buyer-shaII-he-refunded-t he-Qepesit thereby-releasing-Buyer-and Seller tram all-f",rtheF-9bligatiaAs-"fuler this-GeAlfaGl. SJL.-.AD. fll1 OCCUPANCY AND POSSESSION: YW~ ~ (a) Unless the box in Paragraph 6(b) is checked, Seller shall , at Closing, deliver occupancy and possession of the ;-;'Jl Property to Buyer free of tenants, occupants and future tenancies . Also,at-Glosing,seller-shall ·have-removed-all !:'e peFsenal -ltems-and-trash-frem-the-Preperty-and-shall deliver-al'-keys,garage-deer-apeners,access.devic es-and 5 sades,a!HIpplisable,te-B..yer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the Property from date of occupancy, shall be responsib le and liable fnr mRintenance from that date, and shall be deemed to have accepted the Property in its existing condition as of time of taking occupancy. (b) 0 CHECK -I~PROP-ER:P(-IS.sUBJECT-TO LEASE(S}-OR-OCC1JAAN(;¥..AF+E~bQSINGHf.Pre"erty-is subjeGt-te·a-/easefs-)·after-Gles ing·er-is-intended-te-be-rented .o r-eccupied-by-third-partie s-beyend-Clesing the -faGts and-terms-thereef-shall·be-disclosed.in-writing-by.seller-to-Buyer-and-eepies·ef-the-written-Iease(s-)-shall -be delivered-te-Buyer,all-with i n-5-d ays-after-6ffeGtive-Qat e.-l f-Buyer-determines,in-Buyer!s-sele-disGretien ,that-t he lease(s)-eF terms-o f.ecGupancy-are-no l-acGeptab le-to -Buy er,Buyer-may-ierminate-th is GentraGt-lly-deliver..y-of written-notiGe-ef-suGh -eleGtion -to-Selier-within-S-days-alier-rece ipt-o f-the -abeve-items-frem-Seller,and -Buyer-shall-be refunded -th e-Qeposit-there by-rel easing-Buyer-and-Seller-frem-alt-furthe r-obligatiens-under-this-Gentra c tr Esteppel betterfs}-and-Sellers-affidavit-shall be-previded-pursuant-to-Si ANQARQ -Qrlf.P-reperty-is-i ntended-te ·be ·occup ied by-Seller-after-G lesing,Se e-Rid e r-U rPOS-"j:..GbGSING -GGGUPAN CY-BY-SEbbER,~JC-~ .....fA ASSIGNABILITY: (CHECK ONE): Buyer 0 may assign and thereby be released from any further liabltitYU-nder this Contract; 0 may assign but not he released from liability under this Contract ; or!iQ may not assign this Contract. FINANCING FINANCING: )gI (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to Buyer's obligation to close. o (b)-T-his-Gontra ct-is-centingent-upen-Buyer-ebtaining-a-writte n lean-rommitment-fer-a El cenvent ienal El F"'A El VA ef El ether-(describe}-I ean-o n-t he -fellowing-te rm s-within (i l-left-lliank han -3 o.) days-after greGtive-9ate-fbean-GemmitmeRt..Qate"-)-Ie~H6CK,.ONEji El fi~eG; El adjustable, El ffxed-er-aElj .. stabIEHa!e-lean -iR the-bean-Ameunt-(See-F!aragraph-2 (G»),at-an initial interest-rate-not-te-exceed %-(il-Ieft-blank ..... then prevailing rate-based -upon Buyer!s-ereditwerthiness),and-fer-a-terrn -e f (il-l efl-blank ..... then-3Q.)-years-(!F i nan c,\.~), ~ Buyer-shall -make.mertgage-Iean-a pplication fo r-the Finan ci ng -within (if-lefl-blank.then-5)-days-a1f~ff~ Qat e-and-use-geed-Iaith-and-diligent-e ffer-t-te obtain-8-writte n-lean-eemmitment-ler-the-FinanGing-(!bean-Gemm itment:') and-thereafter-to·clese this-Gontractr Buyer-shall-keep-Seli eF-aAd -Breke r l ully-inlormed·about·the-statu s-ol-mer-tgag e loan-applicat i on-and-bean -Gemmitment-anj ji utheri z~~uye r!s-mor-tgag e-broker-and-Buye r!s-Iende f'ote-disslose-such stalus-8Rd-I'regress-ie-Selier-aAG-SrekeFo <.71-~ )1# Upon BuyeFs-receip t of-bean-G ommitment,Buye r-shalJ -provid e·written-noti ce 01 same te -Selle r~II-Buyer.does net rece ive -loan-Commitm <rJ1.lJ>Y-Loa?lr-' mmitm ent Qate ,..then thereafter-either-party may cancel-this.Gontract up to-the ea<lief'-()f; S V ../<'YO k h Buyer~s -delivery-e f.w · e n-netice-te-Seller-that-Buyer-has.e ither-reGeived -loan-Gemmitment-ol'8leGted-to waiv e-the-financing c entingenc y ef-this-G e~~~ ii, 7-days-prier-te -Glosin g-Qate SJL..-J!t3 j/I'P If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing contingency shall he deemed waived by Buyer. 108 If-Buyer-delivers written notice·ef-re ceipt-e f-bean-Gemmitment-to-Selle r-a nd -this-Gentrac t-d ecs nat-thereafter-clese .. the 109 Qepesit-shall-h e-paid-te-SelJe r-unless·lailure-te cl e se~s -du e-te <-(-11-Seller!s-d elault;-f2-)-Preperly-related -conditiens.of-th e 1·10 Loan-Gemmitment-have-ne t-been-met-(exce pt-when-such oCenditiens·are-waived-by-ether-provisions-ef-thls -Gontract·);-(J) ~1 ·1 appraisal-ef.the Preper-ty-ebtained-by-Buyer1s-lend ef'o is-insufficient-te-m eel-term s-ef.the-bean-Gemmitmen\· er-(4-)-the ..... lean -is-Ret-fuRd ed-due-te -financial -Ia ilure-el-Buyer1s-lender.,-i n whi c h .e vent(s}-t h e-Qepa sit-shaJl-b~-~~ed to Buyer, -"'l tt.ereby-feleasing-S...yer-aRd-SelleF-frem-aII-fuFlAeF-ebligatien s-under-thi s-Gontra s!,7 K-~ I"P.O Buyer's Initial~ H<11 Page 2 0 1 11 SelJ er 's Initials S!f... ,; Florid aRealtorslFlori da Ba r-AS IS· 2 Re v.6J13 (C) 2013 Fl orida Rea ltors® and Th e Florida Bar. All rig ht s rese rv ed (,J '----- El (c)-Assumptien-a!.existing mertgage -(see -rid er-fer-terms~ 0 1c;;J13 VI/l3 _ El (d)-PUrGhase-meney--nete·and.mertgage-te -Sellef-(see·nders;--addenda ;-er-Sf'leGla~GlaUSes-fer-terms)'7 I-.m M15 CLOSING COSTS, FEES AND CHARGES 11 6 117 9_ CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:5t..-...-&6 U18 118 (a) cos+s-+o ali PA~-Ri n nr _ @ -'-'9 • QeGumentacy-stamp-taxes-and.surtax-an-deeiiuoof!Y servlces Pl1RlmW,wlRium.AsSGGiatien -estef'lpel.fees .,0 • GwReFs-Palicy--anG-GRacges-(if Paragraph.9(G)(I)-js-checked) • Resefding-and ·ether-fees·neeeed-le-<;uFEHi~e .... • :r.itle-sea'GA--Gha,ges·(if-Ra,agraph.9(c)(iii)-is-GheGked) • Seller!s-atlerneys'-fees ~: ·1@j~~I~'tti~~Sing,selier-is-unable-te-meet.the-As.IS--Mal n tenanGe -Requirement-as-required -by·Parag,af'lh-1 .:1-a ~ sum-equal-te-1-2SWo-o!.es timated -rosts-te.meet the·AS·IS ·Maintenance-Requirement·shall·be·eSGfOWed-at·Glesing ~lf ... eet>lai-GGsts-te meet the AS IS Maintenance Requirement-exceed-e sGI"nwAr:I."mouJ1h-Selier-shall.pay.suGh.aGtual .,. Gests ~Any.unused·pertien-ef-escrewed -ameunt(sj -shall.be-returned·to-Seller, S~ ....t j1 127 (b) COSTS TO BE PAID BY BUYER : .--'V72 Vvf3 128 • Taxes and recording fees on notes and mortgages • Loan Expenses 129 • Recording fees for deed and financing statements • Appraisal Fees 130 • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Buyer's Inspections 131 • Survey (and elevation certification, if required) • Buyer's attorneys' fees 132 • Lender's title policy and endorsements • All property related Ins urance 133 • HOAICondomlnlum Association application/transfer fees • Owners Policy Premium (if Paragraph 134 9 (c) (iii) is checked_) 135· • Other: Appraisal fees . cost of advertising RFP ; All costs referred to in 9(a) above other than Se lle~s attomey fees 136· (c) TllLE-EVIDENCE-AND INSURANCE-:--At·least (if.left-blankr then-5)-days-prior-to -Glosing.Qate,-a·titie "" insuranGe-cemmitment·issued by·a-Flerida-licensed titie-insurer,.with·legible·ropies of-instruments-li sted -as "'8 exceptions attached·therete-(-"-'I"iUe-Gommitment:').and,after-Glosing an-ewne r!s-pe licy of-tiUe -insuranGe-(see "'" S:J=ANQARQ-A.fer-termsj·sha ll·be-ebtained·and·delivered-to.Buyer .. lf-Seller-has-an-awner's -policy·ef·tiUe-insurance "'" covering·the-Real-Preperty,-a·ropy--shall.he.furnished -to.Buyer-and-Glesing·Agent-withln-b days -aft~ Effective-Date_ ,.., The owner!s-tiUe.policy.premiumr titie-search ,ml,nicipal·lien-searGh and closi ng -services-(Gollectively~Ownercs ... Pelicy·and·Gharges'!t-shall·h e-paid,..as-set-ferth-belew" fC--A..a \ A AD. '"'" (CHECK.ON!;): -::> .AVTJ Y I4U 14 4' El (i)-Seller shall-designate-Glesing·Agent·and·pay-fer-Ownercs-Pe li cy·and·Gharges.(but-nel.including·charges.for 44S closing-serviGes-related-te·Buyercs·lender!s-policy-and endersements-and.lean.clesing,which ameunts.shall-be.paid 44S by-Buyer-te-Glosing·Agent-ar-such-ether-f'lrovider(s).as Buyer-may.seleGt-);-er 51-~ vuB 147' 0 (ii-)-Buyer-shall.designate Glesing.Agent-and.pay -for·Owner!s-Po licy and Gharges.and-Gharg .e~;~~closing <48 services related·te·Buyer!s lender!s·f'lolicy,endersementsr and·lean closing;-or 5 f..--41.-b. \114'1:> ,.9' ~ (iii)·[MIAMI-DADE/BROWARD-REGIONA PROVISION1.;.Seller-shall.furn ish-a-GGf'lY-0f.:a 'f'lrior-awneFs-pelicy--of ..., title-insurance-er-ether-evidence·ef·title-and ·pay-fees·for-i-(A)·a-centinuatlen-o f-uf'ldate·ef·such·title -evidence,which .,;, is·acceptable-to·Buye Fs-tiUe-lnsuranGe-underwriter-for-reissue .of-GoverageH Bj·tax-search;..and-{G)-municipa ~lien """ search~uyer-shall ebtain-and ·pay-for-PElst-Closing ·continuatien-a n ~f'lremium -fer-Buyer!s-ewner-s-pelicYrand-l f '-'" af'lf'l liGabl e r Buyer's·lende "'s ·f'lelicy~Seller·shall not·be-ebligated·te·pay mere·than·$ (if.lert~bla k, 'i64 th en.$200_00 rfor-abstract.c~ntinuatian.er-tille-search erdered.e~-performed .by.Glosing Agenb ~K...# .-dA "'" (d)-SURVEY-:-At·least-S-days-f'lfier-to·Gleslng,Buyer-may,at-Buyer-s-expense,have -the-Real -Prep erty-surJ'"e9l!d-a ... certified·by-a·registereGl-Flerida-surveyor-(!Survey!CHf·Seller-has-a.survey-covering·the-Real.RropertYr a·ropy.shall -IS1 be-furnished·te·Buyer-and·Glosing-Agent·within -5 days-after-Effective Qate ";J-~ ]A/! J), """ (e) HOME ~'l!ARRAN+-Y.· At·GlesiAIh El Buyer El Seller B!!: N/A.shal~pa y--fer-a-heme.warra~ty:plan.issued .by -IS'" at·a-Gost·not-te exceed· _ A·home .. 0 waFranty-plan-prevides .fer-repair-or-replacement-ef·many·of.a.heme!s ·mechanical -systems-an~majer-built·in ~ af'lpliances·in-lhe-event·ef·breakdown-due-lo·normal·wear-and·tear-during·the·agreements warrantY'pe,iod. <;;)c... -162 (f)-SP-EGIA b-A SSESSMENTS ;..At-Glosing;-Seller-shall.pay;..(ij-the.ful~ameuAt.ef.liens-imf'lesed-by.a-public-bedy ~ ,sa (!f'lubliG-body"-does-not·include-a-Gondominium-er-Homeowner's-Associatien)·that.are -certified,cenfirmed-and '64 ratified·before·Glesing;-and·(ii)-the.ameunt-of.the.public·body!s-most recent·estimate-ef-assessment.fef-an -166 improvement·wh ich-is·substantiaIIY-Gemf'llete·as-of Effective Qate,..but·thal--has-not·resulted·in·a·lien·beiAg·impesed -16 6 oR-l he-R,ef'lerty--befere-Glosing~Buyer-shall pay·all other-assessment ~lf-special.assessmeAts-may·be -f'laid~n -16+ iAstalimeAts-{CW€CK-ONE)T '7 'f.-_~ I AAA -168 El (a)-Selier-shal~f'lay.installments-due,p'IG f-/G,~c!r6sing and·Buye f-sha l ~pay·installments-due-alter Closing. '"" instaliments-prepaid·of-due-fer-th e-year-ef.Glosing shall·be-prarated, '7 I----_ ..t.t3 ~ k) \ J '/ In <70' El (bj-Seller-shall·pay-the -assessment(s).in·full·prier-to -er-at·the time ef-Glosing. J Ii ~ WIlD ~ IF-NHTHER-BOX-IS-GHE -KED,THEN OPTION·(a) SHAbb-BE-QEEMEQ--SEbEG-T-E o/" Buyer's Initials .,,( At7. Page 3 of 11 Seller's Initials ~ FloridaRealtorsIFlo~'S. 2 «:1 2013 Florida RealtorS® and Th e FkJrida Bar. All rights reserved ----- 172 m :r.his-Par-agrap h-g(f}shal~nat-apply4o-a-special -beAefit-tax-l ie n-i mpased-by-a ·cemmun i ty-develapment-dislrict-(CQQ ) pu,suant-to-Ghapler-1·g0~F-,S 'Twhich -lien-shall -he pra,ated-pursuant-to-S:r.ANQARQ-K, 'S r:-. .J& \1B 174 DISCLOSURES 175 10. DISCLOSURES: 176 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 177 quantities, may pres ent hea lth ri sks to persons who are e xposed to it over time. Levels of radon that exceed federal 178 and state gu idelines have been found in buildings in Florida . Additional information regarding radon and radon 179 testing may be obtained from your county health department. 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written dis closure, Seller 161 does not know of any improvements made to the Property which were made without required permits or made 182 purs uant to permits which have not been prop e rly closed . 18 3 (c) MOLD: Mold is naturally occurring and may caus e health risks or dam age to property. If Buyer is concerned or 164 desires additionat information regard ing mold , Buyer should contact an appropriate professional 185 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is adv is ed to verify by e levation certificate which flood zone 186 the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving 187 the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area ' or 'Coastal 188 Barrier Resources Act" designated area or otherwise protected area identified by the U .S. Fish and Wildlife Service 189 under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and lor flood insurance 190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood 191· Insurance Program, Buyer may terminate th is Contract by delivering written notice to seller within (if left 19 2 blank, then 20) days after Effective Date , and Buyer shall be refunded the Deposit thereby releasing Buyer and 193 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and 194 flood zone designation of Property . The National Flood Insurance Reform Act of 2012 (referred 10 as Biggert- 195 Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures 19 6 (residential structures in which the insured or spouse does not reside for at teast 80% of the year) and an elevation 197 certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Fluride Energy-Efficiency Rating Information Brochure 19 9 required by Section 553.996 , F.S . 200 (I) LEAD·BASED PAINT: If Property includes pre-1978 residential housing , a lead-based paint disclosure is 201 mandatory. 202 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS ' ASSOCIATION/COMMUNITY 204 DISCLOSURE, IF APPLICABLE. 205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 206 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBILIGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 209 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION , CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATtON . 21 1 (i) FIRPTA TAX WITHHOLDING: Sell e r shall inform Buyer in writ ing if Seller is a 'fore ign person' as defined by the 212 Foreign Inv estment in Real Prop erty Ta x Acl ('·FIRPTA"), Buy er and Se ller shall comply wilh FIRPTA, which may 213 requ ire Sell er 10 provide additional cash at ClO Si ng . If Seller is not a "fore ign person ', Seller can provide Buye r, at or 214 prior to Closing, a certification of non-foreign status, uncl er pe naltie s of perjury, to inform Buyer and Closing Agent 215 that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller 21 6 are advised to seek legal counsel and tax advice regarding their respective rights, obligations , reporting and 217 withholding requirements pursuant to FIRPTA. 21 8 OJ SELLER DISCLOSURE: Seller knows of no fa c ts materially affecting the value of the Real Property which are not 219 readily ob s ervable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence , 220 Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to 221 the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, 223 environmental , or safety code violation . 224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property , 226 including, but not limited to. lawn , shrubbery, and pool, in the condition e xisting as of Effective Date ("AS IS 227 Maintenance Requirement"). Buyer's Initial-M / d ",i Page 4 of 11 Seller's Initials ~ III . FIOridaR eaItO ~~SIS-2 R e ~0 13 Fl ori da Reall orS® and The Fl orida Bar. All ri ghts res erved ~ ---- 228 12. PROPER:r..v-INS~C:rmN ;-RIGH:r-T'()"c ANCE b< "9' (a)-PROPER.Pf-INSPEC-TlON-AND RIGH.T-T-O -CANCELc:-Buyer-shall-have 0 (if-/efl-b/anfh.#lan-15)-days 230 aft9F-ElfeGtiwl-Date.f!'Inspection-PeFiorl'') within-which-lo-hav&-such-iRsp9Clions-of.-th&-l4ope~FfoRRed "'" as-Buy9F-Shal/-6esire-duRng-lh&-lnspeGtion-PeFiod If-Buyer-determineSrin-Buyer~s-sole-disCF9tion,-#Jat-#le 232 f1FOpeFty-is-Rot.acceptabl&-h>-Buye~F-may..terminate -this-Contract-by.de/ive.ing-wFUteR-llotiefHJf'.Such 232 election-to-Sel/er-p.ior-to.expiration-af.lnspection Period If.Buyer-timely-te.minates-this-Contractr the 233 Deposit-paid-shall-be.Fetumed ta-Buyer-.-thereupon,-Buyer-and-Seller-shall-be.released-of-al/"fuFther. CL t! " . "'" obligations-under-this-Contract;-however.,-Buyer-shall be.responsible.for-prompt-payment-for-such ;?f---' >J5 iRSpectioRSrfor-r.epair-of-damage-to,-and-restor:aliofl..Of,..the.PropeF/Y-Tesulting-fr.om-such-inspeelions,..and ./ I? m ·shall-provid&-SelieF-Wilh-paid-Feceipls-for-a//"woFlHlone-on-th&-f1FOpeFty-fthe-precoding-provision-shali ~ 238 sUFVive -termination-Or-thls-Contract)~nless-Buye r-exercises-the-right-to-ter-minate-granted-herein,..Buyer JA AQ 239 aCGepls-the-physi63/..conrlilion-Of-lhe-f1FOper:ty-and-any.violalioll-Df-goveFRmental,-buildin~TWironmenta 'Y P 240 and-safety..codes,..restrictions,..or-requirements,.but-subject-to -Selle r~continuing AS-IS Maintenance "'" Requiremenl,-alld-Buy9F-Shal1-be-FeSp.msible.for-any-and-all-FepaiTS-and-improvemenls-r-equir-ed-by-Buyer!6 242 lende", 243 (b)-WAbK-THROUGH-INSPECTION/RE-INSPECTION r On -the day-prior-to -Glosing-Qate,-or-on-Glosing-Oate-prio, 0 244 time -o~Glosing,-as -specified -by-Buyer.,..Buyer-or-Buyer~s -representative-may-perfo'm -a -walk-through-{and -follow-up 240 walk-through,if-necessary) inspeGtion-of-the-Rroperty-so lely-to -Gonfirm -that-all items ·of-Pe,sonal-Property..a re·on-the 240 pmperty.and-I o-Venfy-t ha t-s e ll er-has-mainlained -the -p~opert -as-~eqUi ed -by-the.AS-IS-Ma intenanG9-Require ment 24l' aAEl-i1as-met-all-etAeF-69Al,astual-ebligali9fls S'?-- 248 (c)-SEbbER-ASSIS+ANCE-AND-COOPERA:r.ION-IN-CbOS _ .. :.0 BUlbDING-PERMITS ' Il-Buye4-inspeGtion of 249 th e-Pmpe rty-identi fies -open-or-needed-building-permits,th en-Sel ler-shall-promptl y..de liver-to-Buyer-all plans,written 250 documentatioll-or-other-info rmat ioll-in-Se lle r~ possession,knowledge ,or-GOntrol -relat ing-to-i mpro vements-to-the '"" Property-whiGh -are-the-subjeGt-of-suGh -open·or-needed-Permits,and shall -p ro mptl y..coopera te-i n good-faith -with 252 Buyer-effor-ts-to·obtain -esli mat es-o~repairs -or-other-work-neGessary-to-resol v e-s u Gh-Perm i t-iss ues "se lle Fs :153 obligation to ·Goope,ate -sha il-inGiude ·Seller~s-exeGu tion -of-n ecessa ry-a uthori za lions,consents,or--other-doGuments 254 neGessary-fo r-Buyer-to -GOnduGt-inspeGtions-and-have-estimates-of-suGh-repairs-or-work-prepared,but-in-/ulfiIIiAg 255 sUGh -obligatlon,selier-shail nat-he-re'luired-to ·expend,or-beGome Obligated -to-expend ,any-m~ne y.?'::" --I..A J J jf) 256 (d)-ASSIGNMEN-T-O ~REPAIR-AND-T-REA-TMEN :r-CON +RACTS -AND.JNARRAN:r.IEs;"At-Buye Fs-op tlon -an~S( I'Vp >5> Se lle r-will,at-Glosing,.-assig n·all-assignable·repair.,..treatm ent-and-maintenanGe·Gon traGts-a nd -waFranties -to -Buy er. 258 ESCROW AGENT AND BROKER S~ 259 13 . ESCROW AGENT: Any Closing Ag ent or Escrow Agent (collectively "Agent") receiving the Deposit, ~nds and 260 other items is authorized, and agrees by acceptance of th e m, to deposit them promptly , hold same in escrow withi n the 261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract. 262 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the 263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions 264 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this 265 Contract, Agent may , at Agent's option , continue to hold the subject matter of the escrow until the parties agree to its 266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties , or 267 Agent may deposit same with the clerk of the circuit court hav ing j urisdiction of the dispute . An attorney who represents 268 a party and also acts as Agent may represent such party in such action . Upon notifying all parties concerned of such 269 ac tion, all liability on the part of Agent shall fully terminate , except to the extent of accounting for any items previously 270 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475 , F.S., as 27 1 amended and FREC rules to timely resolve escrow disputes through mediation. a rbitration. interpleader or an escrow 272 disbursement order. 273 Any proceeding betw ee n Buye r and Seller wherein Ag ent is mad e a party because of acting as Agent hereunder, or in 274 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's 275 fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he 276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful 277 breach of this Contract or Agent's gross negligen ce. Thi s Paragraph 13 shall survive Clos i ng or termination of this 278 Contract. 279 14 . PROFESSIONAL ADVICE; BROKE-R-bIABlld:r.¥;-8Fekef advises Buyer and Seller to verily Property condition. square 280 footage , and all other facts and representation s made pursuant to this Contract and to con sult appropriate professiona ls 281 for legal, ta x, environmental. and other specialized advice concerning matters affecting the Properly and the transaction 282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all 283 repre se ntations (oral , written or othelWise) by Broker are ba se d on Seller representations or pub li c records. BUYER (l1L- 284 AGREES TO RELY SOLELY ON S6bl£R, PROFESSIONAL INSPECTORS AND·GOVERNNEN:r-A b-AGENCIES ;) 285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT.f' H 286 PROPERTY VALUE AND NOT N THE REPRESENTATIONS (ORAL, WRITTEN OR O ~E) OF SELLER ~ Buyer's In i b ~ Pag e 5 of 11 Seller's Initials ROridaRealtorsIFloiidaarOASIS-2 @ 2013 Florida RealtorS® and Th e Florida Bar. All rights reserved 287 288 289 290 291 292 293 294 295 296 297 298 299 300 Buyer-and-Seller-{iA(jividually.,..t he..!!iAdemnifying-PaFly~-e aGh-i ndividually·indemnifies,holds-harmless rand..-eleases B.ake r-and·BrokeFs-officers,-direGtaFs,agents-and·employees-fram.all-liability..far-lass-ar-damage;-i AGluding .all-Gasts anEl-expeAses,aAEi-feaseAatJle--altemey's-fees-at-all-ieveIS;-SIJfferee-er"';A6IJFre d-itly-8rekeI'-BAd-<'Ireker's-offiGeF&; direcla rs,agents.and.e m p l ayees .in-€e nnectian-wilh-or-aris i ng.frem -G laims,de m aAds-or-Gauses.a~aGliaA-instiluted-by Buyef'.0r-Selier-based-an;.(i·)..jAaGGUraGy-of.infoFmatian-pmvideEl-by.lhe-lndemnifying.PaFty.ar-fmm.pub lie-recerd s;-(ii) IndemnifyiAg-Party's.misstatemeAt(s·)-ar-faiture-t e-perfaFm-€antractual-obligatiaAs;-(iii).Broker's-pe rfaFmance,-at IAdemAifyiAg-PaF\y!s-request,ot-any.task-beyend·th e-scape-af..serviGes-regulateEl-by-Ghapter-47-5,F-,S,.,ss-amended . iAc luQing.Braker;s·referr-a 1 reGommendatian.eF-retent ion·of-any-vender-fer. or-an-behalf·af-Indemnifying Party;-(iv) praducts-or-serviGes·pravided.tJy-any·such.vender-fer,..ar-eA-behalf.ef;-lndemnifying.Party;-and·(.v·)-expeRses-inGur.red.by aAy-such-vender~Buyer and-Seller·each·assumes-full respensibility fer-selecting·and-ce mpensati ng.their·respeclive YeAa9AS-aAd-payiAg.-tReif'.0lhef'.Gest6~Aoler-tRis-GeAlfa Gt-w Relhef'.0f-A9 t-1Ris-!FaASaGti9A-Giese~is-Para!lraph-14-wUI net.relieve ·B reker-a ~statutary-ob l igatiaRs·under-Ghapter-47-a ,F-,S "as-amended ~r;:or-purpases-of-this ·Paragraph-14, Braker-wi ll·he-t reated as·a-paFly-te·lhis·GoFltr-act....+his.Paragraph-14-shall.survive·Glasing·er-terminatien.of·this ·Gontract. DEFAULT AND DlBPUTE RESOLUTION p~ vtf6 301 15. DEFAULT: 302 303 304 305 306 307 308 309 310 311 312 313 (a) BU YER DEF AULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Co ntract, incl uding payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit fo r the account of Se ll e r as ag reed upo n liq uidated damages, consideration for execu tio n of this Contract, and in fu ll settlement of any clai ms, whereu pon Buyer and Se ll er shall be relieved fro m a ll further ob ligations under this Co ntract, or Se ll er, at Seller's option, may, pursuant to Pa ragraph 16, proceed in equity to enforce Se ll er's rig hts under this Contract. The-portioA.of·the Deposit,if anY,pa id -to bisting Broker-upon-defaull·by·Buyer.,..shall-be·split equ.ally.betweeR.bisting.Broker-and·Gooperating.Brekeri-provided.hewever,Geeperating-BrekeFs-share-shall.no t-be greater-than.the ·Gommissien amount·Listing-Broker had -agreed-te-pay.te -Goeperating.-Broker7 ~ A~ //1 "j/, (b) S ELLER DEFAULT: If for an y reaso n other t ha n fai lure of Seller to make Seller's title marketa611;afterlllat.5'n{ti!P di ligent effort . Seller fails, neglects or refuses to perfo rm Se ll er's o bligations under this Contract, Buyer may elect to receive return of Buyer's Deposit w ithout thereby wa iving any action for damages result in g fro m Setter's breach, a nd, purs uant to Paragraph 16, may seek to recover such damages or seek specific pe rformance. 314 This Pa ragrap h 15 sha ll survive Closing or terminatio n of t his Contract 315 16. I)ISPUT~ RESOl.U+IONT-1JAfeselved-GeAt_eFsies ~c l aims-aAd elheHTlalteFS-iR-q",eslioFHletwBeA-<'I..yer-aAEi-Selier m arising·out·ofr ol'-relating .to,..this-GontraGt.er-its ·breaGh,enforGement-(Jr-interpretation .(~Dispute:r-wil~he-settle~ .• a w fellews: ~ 3>8 (a )-Buyer-and-Sellel'-w ill-have-1 O.days.after-the-date.canfliGting ·demands-for-the-Depesit.are-made-te.attempl· a 3>0 324 3>. 3>6 resolve-suGh -Dispute,fai ling-whichr Buyer-and ·Sel ler-shall·submit-such -Dispute-ta ·mediatian under-P~7aPh p A1 ~6(b)o '::> ~DU/!; (b)-8",yer-aFlEi-Sellef'.sRal~Uempt-te-settle-Disputes-iA-aA·amiGable-maAAer-threugA-meeiatiaA ,pIJFS"aAt-Ie-P1erida RlJ les-feF-GeFtifiee-aAd Gourt·Appointed-Mediators·and.Ghapter-44;-F-;5,.,as-amended.(the-:Med ialien.Rules"). The mediator .. must·be cert i fied-ar-must·have-expe r ience·in·the-real .estate-industry~l njunGtive relief.may·he-sought wilheut-liFst-Gomplying.with-this-Paragraph-16(bkDisputes-not-setlled·pursuanl·ta-this-Paragraph-16-may·be resolved·by instiluting-action i n-the-appropriale-court-having-jurisdiclion o~the matter-o-lhiS -par-agrS,:C1:shall t' '" , ~ do sUFVive -Glasing-er-lermination-of·lhis-GentractT ~Y(/P 3:1> ~1.-ATTDRNE~E-E-S;-COSTST-+he-paFties-wil l -split-€qual l y-aAy.media~aA-fee-iA6uFH,d-iA-aAy.mecJiatieA-per-mitted..oy 330 332 Ihis-Gc:mtract,and-each paFty·will-pay·their-own·cests,..expeAses-and-fees,including·auemey's-feesr iAGUrred.in cenducling -the-mediatian~ln-any litigatien-permitted by Ihis·Gontracl Ih e.prevailing-party-shall he-entitled·to-recever fram ·lhe·Aon ·prevailing-party-casls-and-feesr including·reasenable·atlerney·s-fees,incurred.in-cenducting-the-l itigalien, T-his-Paragraph-1-7-shall-survive-C lasing-ar-terminatian·af·this-Contrach S ~ Uf3 STANDARDS FOR REAL ESTATE TRANSACTION S ("STANDARDS") ~ 333 18 . STANDARDS; 334 A , TITLE .. J.35 (iJ -T-IT-bE-E.VIDENGEi-RES:rR1G:rtONSi-EASEMEN:r.s· bIMITA:rION&-Within-the-time-pe,iad-pravided-in.Paragraph 336 9!&),th &-T-i~e-Gammilm8Al;-witMegi91e-G9pi9S-eHAstFIJmeAls-iislee-as-eXGepli9As-attaslle9-theF8te,sAal~e-issueQ-aAa = de l ivered·t9 ·Buyer~T-he-T-i tl e-Gommitment.sha ll-set.farth -these-maUe r s.to ·h e-discharged·by-Se li er-at·er-befe re ·Glasing 338 and.shall -provide.that upa n-reGOrding.af.the.deecJ.ta Buyer,an-owner.!s-palicy-af.till e-i nsur-ance-In.the.amaun l-af.the 339 PUr-Ghase-PriGe r shall·he issued.ta.Buyer-insuring .Buye Fs ·marketable-litie-te .the-Rea~PrepeFlYrsubject.only·ta-the 340 fellawing.maUers;-(a)-cemprehensive-land-use-plans zOAing ,ancJ -ether-land-u se-rest.ictiens,proh ibitiens·and J4.1 requirements-impased ·bY-flavernmenta~autheritY·H b) restFiction s-a nd-matters-appearing·an·the-Plat.or-otherwise 34' cammaR·ta-the-su bdivisiaA;-(c)·outstaAding o il rga s-and -mineral.rights.af-fecard.without-Fight-o~ntFY7-(d)-unplalled 343 public-utility.easements-of..-ecerd.(leGateEl-centiguous-ta ..-eal property-lines-aAd-nat·mare-than-10..feet in widlh-as to rear 344 er-frant-liAe nd-7-1/2~h-as.to,side l i ne S);-(e ).taxes 'for-year-af'GleSing .and,subs ~:S ; and.(f) SL.-- Buyer's Initial Page 6 of 11 Se ll er's Initials ~ FloridaRealio loridaBar·ASIS· 2 Rev .6/13 e 2013 Florida Realtors® and The Florida Bar . All righ ts reserved STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 345 aSSHmeG-m9Flga§es-aM-pIlFGRase-m9Rey-mQFl!Jag9s,iI'aRY-iil-aaGitiQAal-items,altaslHlaaeRaIHllf,-pF9llideEI;-tRa~ 346 nene-prevent-use-ef-f!r9perty-for-RESIDEN'T~Ab-P-URPOSES ,..J f-there.exists-al-G lesin g-any-vielalien .ef-terms -Identi fied 34> in-(b-)-(I}abeve,lhen-lhe-same-sha ll·be.deemed-a -lilie-defeGI,.Markelable-lille-shall-be-determined-aGGerdlng -to 348 appliGable-T~IIe-Slandards-adepted .by-a"lherily-of-T-he-t=:ler'da-Bar-and-in·aGGO,danGe-with ~aw. ':;./'--./'A;i, J//ib 349 (ii)-l'l:r.bE-E·XAMINA:r.ION· Buyer-shall-have-5.days-after-r-eGeipl-of..:rilie-Gemmilmenl-le·examine~I-a~{,fy:"SeIler.j n 350 wriling-speGifying.defeGI(s),if-any,.IAat-render-lilie-unma,kelable,.lf-Selier-provides-T-ilie-Gemmilmenl-and -il-is-delivered as. Ie-Buyer-less-than-5-days-prieF-le Glesing-Dale,.Buyer-may-exlend-Glosing-feF-up-le-S·days-after-date-of-receipl-te 352 examine-same·in-aGoordanGe -wiIMhis-S:r.ANQARD-ArSelle, hall.have-30·days-f!!Gure.Pe,iGd!-)-after-reGeipt-ef-Buyer's 353 notiGe-le-lake-reasenable-diligenl-efferts-le remeve-defeGt s.-lf Buyer-fa il s-le-so-fletify-Se ll er,Buyer-shal l·be·deemed-le 354 have-aGGepled-lille·as ~I-lhen.js.-lf-Seller-<:ures-defeGIs-wiIAin -Gure-Re,ied,-Selier-will·deliver-wFillen -netiGe-te-Buyer-(wilh 355 proef-ef Gure·aGG8ptable-le-Buyer-ana-Buyer!s·allorney)·and Ihe.parties-will-close ·IAis-GonlaGI-en-Glesing-Dale-(er-lf 356 Glesing Dale-has-passed,.wilhin-10-days·after-Buyer-!s·reGeipl-of-Seller!s-netiGe),..jf-Sel ler-is-unable-le·Gure -defeGIS 36+ wilhin-Gure-Pe'iod,then-Buyer-may,-wilhin 5-days·afler-expiralion-of-Gure-Peried,-deliver-wrilten-neliG8-le-Seller-i-(a) 358 exlending-Gur-e-Peried-fer-a -speGified-period -net-te-exceed-1·20-days-wilhin-whiGA-Seller-shal~Genlinue.le ·use ... reasenable·diligent effeR-te-remeve-er-Gure lhe ·defecls-("E.xlended-Cure-Peried~li-or-(b )-eleGling-lo·aGcepl-lilie-wilh 360 ex isling·defeGIs-and-Glose-lhis-GenlraGI-en-Glesin g-Qale·(er-lf·Glesing-Qale.has·passedr wilhin -IAe.earlie r-ef-1.Q·days 36-1 after-end·ef-Exlended-Gure-Fleriod-or-Buyer!s reG8ipl ef-Seller!s neliGe ),or-( G) electing-lo-lerminale-lhis-GonlraGI-and 36> receive-a-refund-of-lhe-Deposil,thereby-releasing-Buyer-and-Seller-frem-all-further-obligalions-under-lhis-GenlraGI,.lf 363 after-reasonatJle-diligenl-effeR,8eller-is-unable-le limeIY-Gure-defeGls and-Buyer-dees nel-waive-lhe-defecls,lhis 364 GenlraGI-shall-lerminale,and-Buyer-shal~reGeive-a -refund.of-lhe Qepesil Ih eretJy-releasing-Buyer-and-Selier-frem .all 365 further-ebligaliens-unde F-lhis-GonlraGl • .t-, It-L4, \II JI}, 366 B.--SURVE:v .... lf-Survey-discloses encre~chmenls:o-n lhe-k"e'af Flroperty-or-lhal-Improvemenls 10caled-lhereen-enGroach 36> on-selback-lines,easemenls,er-Iands·ef-olhers,er-violale-any·reslriGlions,-G ovenanls,applieatJle.governmenlal 368 regulaliens-desGribed-in-S:r.ANQARQ-A-(i)(a),(b-)·er-(d)-abover Buye F-shall-deliver-wrillen-noliGe-of-sueh-mallersi 36. logether wilh-a-GOpy-ef Survey,lo-Seller-within-5-days afler-Buye ~s-receipl-of-Su",ey,but-no·laler-than-Glesing .lf-Bu yer = timely-delivers-suGh-noliGe-and-Survey-le-Seller,sueh-malters-idenlified-in -the-notiGe-and-Survey-shal l-oonstitute-a-tille ." defeet,subjeGt-to-Gure-obligations-of-S-TANQARD ·A above. If Seller has delivered a prior-survey,-SelieF-shall,al-Buyer!s 3>3 exlenl-lhe-affirmaliens therein-are true-and-coFfeet ~ '\.I P, 3>2 reqUeSI,eXeGute-an -affidavit-ef'!l'\O -G hange"'te-lAe-Real-Rre~. ert -sinee-the -prepar~lion -of sUGh -prior-survey,.to-lhe 374 C INGRESS AND EGRESS~eller-represents-thal:there 15·1 ess .~M-egress -lo-lhe -Real-Rroperty-and -lilie-lo-lhe 3>5 Real-Properly-is-insurable-in-aGGordanGe -w ilh-ST-ANQARGl-A without-exGeplion-fer-laGk-of-legal-right-ol'aooess. 316 D.-bEASE-INt=:ORMATION:-SelleF-Shall,at leasl-10-days-prior-lo-Closing,-furnish-lo-Buyer-esleppel-1ellers-from :m tenanl(s)/oGcupant(s)-speGifying -nature-and duralion·of-oGGupanGY renlal-rales,advanGed -rent-and-seGurity-deposits 378 paid-by-tenant(s) er-eGGupant(s)·(~Esteppe ~better(s)·)rlf-Seller-is-unable-to-obta in-such-Esleppel beller(s) the-same .,. informalion-shall-be-fumished by-Selie F-to Buyer-within-thal-lime-period in the-form-o f-a-Seller-s·affidavil,and Buyer-may 360 thereafter-Go ntaGI-tenant(s-)-er-eGGupant(s')-le ronfirm-suGh-infermation.lf-Esteppel-belter(s-)·er-Seliers-affidavitTif-any, 36-1 differ-materially-from-Seller!s-representations and lease(s)·provided pursuant-to·Paragraph-6,er-if-tenant(s)/eGGupant(s). 382 fail.er-refuse-to.GGnfirm -Seller~s-affidavit,Buyer-may-deliver-written-fletiGe t o-Seller-within-S-days-afleF-reGeipl-ef-suGh 383 infermatien,but-no laler-lhan-5 -days-prior-te -Glesing-Qale,terminating-lhis-Gentraet-and-reGeive -a-refund-of-the-Qeposi l, 384 thereby -releasing -Buye F-and-Selier-from .all -further-ebligations-under-this-GonIFae:t .Seller shall ,at-Glosing,deliver-and 385 assign-all-leases·te-Buyer-who-shall-assume-SelieFs ebligatiens thereunder7 5>~.....J?t6 I.J!./3J 386 E-.--bIENS~eller-shail-furnish-te -Buyer-at Closing·an affidavit.attesting-{i) to lhe-absence of-any-finanGing-slalement , 387 Glaims-of-lieA-er-potential·lieners-known -te-SelieF and (ii) that there have-been -n~mprovements·er-repairs-te-the-Real 388 Property-fer-90-day s-immediately-preeeding-Glosing Data.lf-the-Real-Properly-has-been-lrnproved-oF-repaired -within 389 that time,Seller-shall deliver-releases-er-waivers-of-construGtie n-liens-exeGuted-by-all-general-Gont,aGlors, 3IIQ subGentracters;-suppliers-and-rnaterialmen in-addition-le-Sel leFs-lien-affidavlt-setling forth -names-ef-all,suGh -general 3'" conl,aelers,subcontraetors,-suppliers-and-materialmen,furlher-affirming-lhal-all'Gharges-fer-improvemenls-or-repairs 392 whiGh -GOuld -serve-as-a basis·for-Gonslruetion ·lien eF-a ·claim fer damages-have been-paid or-will-be paid al-Glos in l!. 393 F. TIME : Calendar days sha ll be used in computing time periods . Time is of the essence in this Contract. SI'--...;t3 394 Olher than time for acceptance and Effective Date as se t forth in Paragraph 3 , any time periods provided for or dates Uf!3 3 95 specified in this Contract , whether preprinted, handwritten, lypewrillen or inserted herein , which shall end or occur on a 398 Saturday , Sunday, or a national legal holiday (see 5 U.S .C. 6103) shall exlend to 5 .00 p .m . (where the Property is 3 97 located) of the nexl business day. c.l--. ALi ~ 398 G. FORCE MAJEURE: Buyer or Se1ier shalY'h6i be req'UTred to perform any obligation under this Contract or be liable 399 to each olher for damages so long as performance or non-performance of the obligation is delayed, caused or 400 prevented by Force Majeure. "Force Majeure-means: hurricanes , earthquakes , noods , fire, acts of God, unusual 401 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer 4o, or Seller, and which, by : exercise of reasonable diligenl effort, the non-performing party is unable In whole or in part to 403 prevent or overcome . All time periods , including Closing Date , will he exlended for the period lhal the Force Maj eure 4 04 • pr~vents performance under thi contract, provided, however, if s uch Force Maj eure conti~Vf prevent performance Buyer s IAill ats ~ Pag e 7 of 11 Seller's Initials ~ Flo ri daRea ltorsIFroridBal':ASiS·2 ev.8/ 2013 Fl orida Rea ll orS® and The Florida Bar. Al l ri ghts rese rved STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 405 under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by del ivering 406 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract. 406 H. CONVEYANCE : Seller shall convey marketable title to the Real Prop erty by statutory warranty, trustee's, personal 409 representative's , or guardian's deed, as appropriate to the status of Seller, subject only to matters described in 410 STANDARD A and those accepted by Buyer. Person a! Property shall, at request of Buyer, be transferred by absolute 411 bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 412 I. CLOSING LOCATION; DOCUMENTS ; AND PROCEDURE: 413 (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attomey or 414 other closing agent ("Closing Agent") designated by the party paying for the owner's policy of ti tle insurance, or, if no 415 title Insurance , designated by Seller. Closing may be cond ucted by mail or electronic means. 416 (ii) CLOSING DOCUMENTS : Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, llill-Gf-sale; ... certificate(s)-oI-titie-er-ether-documents-fleGess ary-te-transfeF-title-te-the-P,epe rty,GenstH,ctien-lien-affidavit(s}.-GwRer!s ... pessessien-and-ne-tien-affidavit~RG-assi!lnmeRlfs)-e~eases,..SelleF-shall-pr_ide-8 .. yeF-With-paid -reGeipts -fe...all-wo,k "'" dene-eR-lhe-F2Fef)elty..pur-sUaAt-te-tAis-GeAtrasb-BuyeF-Shall-fuFRisll-and-pay-fer,as-applicable-the -sur-veYr fleod ~ ~ elevatien-Gertificatien ,..and-doGuments-required-by-Buyer!s-lender, ~ 421 (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. 1~e-+it le-GemmitmeRl -;-,.I~ Q2 provides-insuransB-against-adverse-matter-s.pursuant-to-Sectlon -62·7~7.a~ ~S"as-amended,the-escrow .closing f/VJ) 423 precedure-requlred by-STANDARD-J-s hall-be-waivedrand-Glosing-Agen l-shalh-subject-to.cOkLECTION-of-all-closing 4:14 funds,..disbur-se-a t-G los ing-the-brokerage-fee s-to-Broker-and-the -net-sale-PfGceeds-te-S eller, "5 JC.-~ I AlP, 425 J . ESCROW CLOSING PROCEDURE: If-T itle-Gommitment-is sued-pursuant-te-ParagraptJ..9(c)-does-net-proviKIHlr., 42. in suran ce-against-adverse-matters-as-permitte<l-under-section 62-7~7-84:I ..-~"a s -amended 1"the-feliewing-escfGw-and - "'" Glesin9-f)f.8Gedur-es-shall-app lY' (1) all Closing proceeds shall be held in escrow by the Closing Agent tor a period of not 428 more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall , 429 within the 10 day period, notify Seller in writing of the defect and Seller sha ll have 30 days from date of receipt of such 430 notification to cure the defee!; (3) if Seller falls to timely cure the defect, the Deposit and all Closing fu nds paid by Buyer 431 shall, within 5 days after written dem"nd by Buyer, be refunded to Buyer and, simultaneously with such repaymp.nt. 432 Buyer shall retum the Personal Property, vacate the Real Property and re-convey th e Property to Seller by special 433 warranty deed and bill of sa le; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take 434 title as is , waiving all rights against Seller as to any intervening defect except as may he available to Buyer by virtue of 435 warranties contained in the deed or bill of sale . 436 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the 437 day prior to Closing Date, or date of occupancy if occupancy OCcurs before Closing Date: real estate taxes (including 438 special benefit tax assessments imposed by a COD), interest, bonds , association lees. insurance, rents and other 439 expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in which event 440 premiums shall he prorated . Cash at Closing shall he increased or decreased as may be required by prorations to be 441 made through day prior to Closing . Advance rent and security deposits , if any, will be credited to Buyer. Escrow 442 deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due 443 allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when 444 current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such 445 assessment and prior years millage. If current year's assessment is not available, then taxes will he prorated on prior 446 year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing , which 447 improvements were not in existence on January 1" of prior year, than ta xes shall be prorated based upon prior year's 448 millage and at an equitable assessment to be agreed upon between the parties, fai ling which, request shall be made to 449 the County Property Appraiser for an informal assessment taking into account available exempti on s. A tax proration J'~ 450 based on an estimate shall, at either party's request, be readjusted upon receipt of current years tax bill. ~~s./.d ~ 451 STANDARD K shall survive Closing . (/VO C V_ 452 L . ACC6SS-ro-P-ROPER-T¥-:rO-CONDUC+Ap.p.RAISAkS,-INSPI>C+IONs,...AND-WAbK-+HROIJGHrSelieF-Shalt; 463 upen··reasonable-not lce ,pr-ovide -utilities ·ser-vice -and-acces s ·to-Property..fer-appr-ai5als-aAa~ASpeGlieAs,iAGI .. aiA!r"-walk- 454 through (or-follow-up-walk-th,ough-it-necessary·)-prier-to -G losiAir. 455 M~RISK-Of...L-OSS;.tf,..afteF-E-ffeG!ive-Date,b .. l-gef9,e-G losiRg,-f4eperty-is-dama!le<l-by..lif.FR-oF-etReF-GaSually 456 (!Casually bo ss'tand-cost-of-restaration (whictJ..shalilnGiude-cost-of-pruning or-removing-aamaged trees)·daes-nat 4'" eXGeed -1...5% .. of-Purchase-Price,cost-ef .. r-estora tie n-s hall-be-an-obligation-of-Seller-and -Glosi ng-shall-proGee d-pufSuant 456 to -ter-ms-of-th is-G ontraGt~lf-resteralian-is-not-Gompleted -as-of-Closingra-sum -eq ual .to -1.25%-or-estimated -cost-t0 459 cemplete-resteration-(not-to-exceed -1 ,5 P,{,-of-Purchase-Price),..will -be -escrowed-a I-G losing~lf-actual -cost-ef-restoratian 4SO eXGeeds escrowed-amount,8elleF-shall-pay-such-actual-eosts-(but,not-in excess-of-1"s·%-of-PurchasB-Pric e)~Any 46' unused-pertion-ef-escrowed -amount-s hall -be-,eturned -te-S elle r~1 f-Go st-of-(esto,atien-exceeds-1 .5%·of-Purchase-Price, 462 Buyer-stlall-eleGt-to ·either-lake-Property "as is "-together-wittl-th e-1"s%,..oHecei vB-a -re fund·e f-th e-Depos itr th ere by 463 releas in g-Buyer-and-Seller-f,om-all-further-obligatians under-this-Gontrasl~SelieFs-sele-obligatien-wit~~ct-to-tree 464 damage-by-· sualty..or-other-natural oGGurrencB-sh all -be cost-ef-pruni ng-or-remeval. \\ II ~ ~ Buyer's Initial I / ~ Page 8 of 11 Seller's Initials ~ FloridaR ea lto r k>rida Bar-ASI S-~3 Florida Realtors® and The Florida Bar . All rig hts reserved 465 466 46' 468 468 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED ~3-1-EXCHANGET-Il-eilll9l'-Seller--Gr-Buyer-wish-to-enler-into a-lik e-kind-exchange-(either-simullaneously-witll Glesing-or-deferred ·)-undeF-Section-1{)3·1 -ef-th e-lnlem al -Revenue-Gode-f!Exchang~),..th9-GtheF-pal'\y-shall-GGoperate-in al J..reasGlAable -resl'eGIs-to-effeGtuate the-ExG hang e,-inGluding -exeGulion-of-documentsiilrovided,however.GOOperaling I'a fty-s hall-inGur-ne -liability-e r-expense-related-lo -the -"'xchange,..and-Glesing..shall-neJ..b~ontiR§ent-upon ,nor-extended or-delayed-by,suGh -ExGhang e,., 'SK- O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES ; CONTRACT IA Jt. EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records . This Contract shall be Vv binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever the j.L!. Contex1 permits , singular shall include plural and one gender shall include all. Notice and delivery given by or to the ~U attomey or broker (including such Broker's real estate licen see) representing any party shall be as effective as if given by or to that party. All notices must be in wriling and may be made by mail, personal delivery or electronic (including "pdr) media. A facsimile or electronic (including ·pdr') copy of this Contracl and any signatures hereo n shall be considered for all purposes as an origi nal. This Contract may be executed by use of electronic signatures, as determined by Florida 's Electronic Signature Act and other applicable laws . P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of Buyer and Seller with re spect to the transaction contemplated by this Contract and no prior agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be bound by it. Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this Contract, or to take advantage of any right under this Contract, shall not conslitute a waiver of other provisi ons or rights . R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or handwritten provisions shall control all printed provisions of thi s Contract in conflict with them. S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received, including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent or Closing Agent. ClOSing and disbursement of funds and delivery of closing documents may be delayed by Closing Agent until such amounts have been COLLECTED In Closing Agent's accounts. T . LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the tenms and conditions upon which the lender is willing to make a particular mortgage loan to a parti c ular borrower. Neither a pre-approval letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract. U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of Florida and venue for resolution of a ll disputes , whether by mediation, arbitration or litigation, shall lie in the county where the Real Property is located . V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): If a Seller of U.S. real property is a "foreign person" as defined by FIRPTA , Section 1445 of the Internal Revenue Code requires the buyer of the rea l property to withhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Revenue Service (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of FIRPTA, Buyer and Seller should seek legal and ta x advice regarding compliance, particularly if an "exemption " is claimed on the sale of residential property for $300,000 or less . (i) No withholding is required under Section 1445 if the Seller is not a "foreign person ", prov ided Buyer accepts proof of same from Seller, which may include Buyer's receipt of certification of non-foreign status from Seller, signed under penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b). Otherwise, Buyer shall withhold 10 % of the amount realiz ed by Seller on the transfer and timely remit said funds to the IRS . 511 (ii) If Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in 512 this transaction and provides same to Buyer by Closing , then Buyer shall withhold the reduced sum, if any required, and 513 timely remit said funds to th e IRS . 514 (iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificale and has 515 provided to Buyer the notice required by 25 CFR 1.1445-1 (c) (2)(i)(B) but no Withholding Certificate has been received 5 16 as of Closing , Buyer Shall, at Closing , withhold 10% of the amount reali ze d by Seller on the transfer and , at Buyer's 517 option, either (a) timely remit the withheld funds to the IRS or (b) place the funds in escrow, at Seller'S expense, with an 518 escrow agent selected by Buyer and pursuant to tenms negotiat ed by the parties, to be subsequenUy disbursed in 519 accordance with the Withholding Certificate issued by the IRS or remitted direcUy to the IRS if the Seller's application is 520 rej e cted or upon terms set forth in the escrow agreement. 521 (iv) In the event the ne t proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction, 522 Seller shall deliver to Buyer, at Closing , the additional COLLECTED funds necessary to satisfy the applicable 523 requirement and thereafter Buyer shall timely remit said fund s to the IRS or escrow the funds for disbursement in 524 accordance with the fin ~ina ti on of the IRS , as applicable Buyer's Initia ~ Page 9 of 11 Seller's Initials WJ-! FloridaRealtOfS!Florida8ar-ASIS· 2 Rev .61 3 e 2013 Florida ReallorS® and The Florida Bar. All rights reserved STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 525 (V) Upon remitting funds to the IRS pursuant to this STANDARD , Buyer shall provide Seller copies of IRS Forms 8288 526 and 8288-A, as filed . 527 W. RESERVED 528 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and 529 against any real estate licensee involved in the negotiation of this Contract, for any damage or defects 530 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 532 provision does not relieve Seller's obligation to comply with Paragraph 10(j). This Standard X shall survive 533 Closing. 534 ADDENDA AND ADDITIONAL TERMS 535 19. ACDGNDAT-+t.le-feIIGWing-aGGi~eRaI-teFmS-aFe-iRGlwded-iR-the-atlaG~eg-aGEleng8-{lHjdeF&-and-iAGeFPel'llled-inie-lllis 536: GentraGt-{Check-if-applicable): ,£1--- EI A,-Gendeminium-Rider EI M ~QefeGtive-QfYWall EI X~Kick-oul-Glause ~ EI ~Homeowners~Assn. 8 N ~Goaslal-GonslruGl i on-Gonlrol-bine EI Y~Seliers-Allorney-Aflproval ~ EI ~elle .. FinanGing EI Q . nsulation-Qisclesure EI Z~Buyer-s-Allorney-Approval EI Q ~Mortgage-Assumplien EI E~I"HANA-FinanGing EI ~fll"l'lIisal -GoAlingenGy EI G.SAort-Sale o H ~Homeewners'/Flood ·lns . 0 1. RESERVE!;) o J. I nl eresl-Bea,ing-AGGt. o K.-RESER-VEQ o l. ReSERVED EI P-. -bead-Ba sed-Pa inUlisclesure (Pre-1-97-8-He using ) EI Q,-Ho"siA!j-fel'-Older-f2er-seAs 8 R. Rei!eniAg EI S ~b ease-PurGhaser/beas&-Q ption EI T-. re-Glosing-QGGupancy-by-Buyer 8 U~-GsI-Glos ing.QGGupanGy-by-Selier 8 V ale ·of-[luye~S-PFGfleFty 8 w.-BaGk-IIf)-GeAlFast EI AA .bicensee-Personal-lnterest-in f>roperty 8 B ~Bi nEling-ArbilratioA Jill Other Pro perty Appra ise~s Webpage 537 ' 20. ADDITIONAL TERMS : AQMINIST-RAT-IQN-F5E: BuyerISelier-agrees-to ·oay-Realty3000. In G~an 536 Adminislratien-fe&-in the-a mo unt-of-$195,00-at-th e-GiosinQ -of this-GontraGt~ ~ ,/ 539 Buyer must pay Seller Ihe follow ing cosls in addilion 10 Ihe purchase price : $450 appraisal fee ; $109.45 RFP publication ~r-- 540 INTENTIONALLY LEFT Blank A~ ;./.1- 541 INTENTIONA LLY LE FT Blank A.-.!::tq/ 542 INTENTIONALLY LEFT Blan k INTENTIONALLY LEFT BlanK 543 544 545 546 547 548 549 550 551 552 553 554 INTENTIONALLY LEFT BlanK INTENTIONALLY LEFT Blank INTENTIONALLY LEFT Blan k INTENTIONALLY LEFT Blan k INTENTIONALLY LEFT Blan k INTENTIONALLY LE FT Blan k INTENTIONALLY LEFT Bla nk INTENTIONALLY LEFT Blank INTENTIONALLY LEFT Blan k INTENTIONA LLY LEFT Blan k COUNTER-OFFER/REJECTION 555 ' !is! Seller counters Buyer's offer (10 accept the counter-offer, Bu ye r must sign or initia l th e counter-offered lerms and deliver 556 a copy of the acceplance to Seller). 557 ' 0 Seller rejects Buyer's offer. 558 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 559 AN ATTORNEY PRIOR TO SIGNING. 560 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 561 Approval of this fonn by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the tenns and 562 conditions in this Contract should be accepted by the parties in a particular transaction. Tenns and c onditions should be 563 negolia led based upon th ~ive interests, objectives and bargaining positions of all inler'1.le;ns. Buyer's In i "-'~ Pag e 10 of 11 Seller's In itial s FloridaRealt~OriItfar-Asls-2 Rev .B/13 Cl 2013 Fl orida ReallorS® and The Florid a Bar. All rights reserved ----- 564 AN ASTERISK (0) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE ::. Buyer: SALLIE BYRD 7' ~L ~ Date : :5,Oje/;L.( E~ COMPLETED . 0 -= ftf fr~ ~tIit'-573' Buyer: WADE BYRD 574 ' 575 576 :~;'Seller:Sh6\.rl !<Q;J?fA.l r Crfytv/a-.lIlG<.-rL- E ~ to ' 0' 582 • :. Seller: 0 Q ~ Q! I 00).. , 585 Buyer's address for purposes of notice 586' 7851 SW 68 AVENUE 587' MIAMI. FL 33143 588' 589 ------------------ Date: Date : ______ _ Date: ,-~-;Z I-,;I. () 2. I Seller's address for purposes of notice 6130 Sunse t Drive So uth Miami , FL 33143 590 BROKER--bisting and Cooperating-Brokers,.if any-, named below (coliectively~Broke r!-),.are -the only-Brokers-entiUed-to 591 rompensation-in connection with -this-Contract~lnstruction-to-Closing-Agent;..Selier-and -Buyer-direct.closing -Agent-to 592 disburse at-Glosing-the-full-amount-ef-the-brekerage-fees.as-specified-in -sepa,ate-brekerage-agreements-with-th e-parties 593 and-coepe,ative-agreements-between-th e-B rokers , eXGept-to the -extent Broker-has-retained-such-fees-from -the-esGrowed 594 funds~T-his COAtract -shall ·not-modify-any-MbS·or-other-offer of compensation-mase by Seller-or-bisti ng-Broker-to 595 Ge9~erating-Broke,s, 596 597.!. ~~~~~Sai~~~~~~h~==== 598 Ge~erating·Sales-Associale, If I'.AY 599 ~'~==='=~='=~7============ 601 Geoperating-BrekeF;-#-Any bistiAg-Sales Ass9siate bistin!t-&ekef Buyer's Initia~ M.lJ'l. Page 11 of 11 Seller's Initials 8L-.. ___ _ FlorldaR ealtors/F lorida8ar-AS IS -2 ~3 Ronda RealtorS® and The Florid a Bar . All right s reserved i i Ii I ~~ GROVE BANK & TRU ST www.groveblnbndtrvtt.com llOS .eS8.6666 A~tl,lfl l Coconut GrOYe ICorll Gable1!hlmt!tto hyl South MI.ml REMInER SAMUEL SPENCER BLUM ATTY AT LAW PAY EXACTLY **50 AND 00 /100 DOLLARS TO THE ORDER OF CITY OF SOUTH MIAMI 7849 SW 68 AVENUE nLllJmn!H't ~AlID VAll . \ VA LID I'lKNII, V VALID VAll . V Cas hier's Check Date : 4/15/21 Bra llch : 0001 VOID AFTER 180 DAYS • • $50.00 '5::t \ \,' p:>< (,-cl'-,-W«~ . -" 10 Iillld ,l!l-AlJT110RIZEO SIGNAl\JRE L l __ _ 11'0000 ~o 7 b 2 g il' ':0 b bOO l, bOO ': 0 ~B 5 70 j bo b ll ' Grove Bank & Trust NO TI CE TO CU STOMERS A DECLARATION OF lOST AND INDEM NI TY AGREEMWT AND A 90 DAY WAlmm PERIOD Will BE REQUIRED BEfORE THIS CHECK WILL BE REPLACED OR REFUNDED IN THE Evun IT IS lOST, MISPLACED OR STOL EN. DAT E : 4/15/21 REMITTER: SAMUEL SPENCER BLUM ATTY AT LAW TO : CITY OF SOUTH MI AMI BRANcn, ORlGIl\'ATOR: TIME, CK A~m FEEAMT, 7849 SW 68 A~NUE • • 5':'\I;e. !t"Jw,d-v- Ra ... 3/10 HARLANO CLARKE 1.123619 00282606l NO N-NEGOTIABLE \Nct'c{Y ;?--L(rq'J ALANW. BYRD SALLIE BYRD 7900 S W 50TH CT . • ~ •• ,~ .... ... .. 1 A'" • Cashier's Check 0001 U57MIWI 15:34 :36 $50.00 $.00 $50.00 107629 63 -587 ",1 9925 1)_,JZw"'{Z?£~1 ALAN W . BYRD SA LLI E BY RD 7900 5W 50TH CT. MIAM I, FL 3314 3 63-587 6701 9925 i ~ i .\'1 Ell 509~f5 ~~/~~-£lc:r:-~:z;~~~~~P(---, /. +-a~ 1 i \J ~'~lona' 57 50 Sunse t Drive U"""'c,,'_ <;1'-/"]",'/,,7 / r',pO Bank South Miami, Fl 33143 p~em!er ~~uth 305.667 .551 1 Banking . Miami \V'oVW.f nbsm.com r/J M",U z.f57 ~·;w dIP !yelL 1'(_ -=-"o//-.~I-.::!. "l"l25 ~ ; {. ,. City Commission Agenda Item Report Meeting Date: May 18, 2021 Subm itted by: Steven Kulick Submitting Department: City Manager Item Type: Ordinance Agenda Section: Subject: Agenda Item No:8. An Ordinance authorizing the City Manager to sell two City owned properties located at 4400 SW 60 Place: Folio No. 30-4024-029-0130; and 7849 SW 68 Place: Folio No. 09-4035-013-0942; both as a result of a competitive bid to the highest bidder. 4/5 (City Manager) Suggested Action: Attachments: CM_Memo_Sale_of_City_Properties.docx NOTICE TO PROPERTY OWNERS.pdf FINAL RFP 4400 SW 60 PL Sale of CityReaIEstate3.10.21.pdf Final RFP 7849 SW 68 Ave Sale of Surpl usReal Estate3.12.21.pdf Bid Tabulation RFPCSM4400 sw 60 pI4.16.21.pdf BidTabCSM7849SW6842121.pdf Manual Castilla Bidding Document.PDF Sallie & Wayne Byrd Proposal for 7849 SW 68 Avenue.PDF Demand Star 4400 SW 60 Pl.pdf Demand Star RFPCSM2021-7849 SW 68 AVE.pdf 2021.03.16 MDBR -RFP #CSM2021-7849 SW 68Avenue.pdf 2021.03.12 MDBR -RFP #CSM2021-4400 SW 60 Place.pdf Map of 7849 SW 68 AVE.pdf MAP of 4400 SW 60.pdf 1 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager DATE: May 4, 2021 SUBJECT: An Ordinance authorizing the City Manager to sell two City owned properties located at 4400 SW 60 Place: Folio No. 30-4024-029-0130; and 7849 SW 68 Place: Folio No. 09-4035-013-0942; both as a result of a competitive bid to the highest bidder. BACKGROUND: The City determined two City owned properties located at 4400 SW 60 Place: Folio No. 30-4024-029-0130, and 7849 SW 68 Place: Folio No. 09- 4035-013-0942 have no value or use to the City. Therefore, competitive solicitations were issued for the sale of the subject properties with a request for a maximum bid cash offer. Account: Attachments: Prior to issuing the solicitations, the City sent a notice via Certified Mail, to property owners adjacent to the properties designated for sale which advised of the City's intention to place the properties up for sale. Subsequently the solicitations were advertised and posted on the City's website and Demand Star, a subscriber services for the advertisement of solicitations and, advertisements were placed in the Daily Business Review. The maximum bid cash offer for 4400 SW 60 Place: Folio No. 30-4024-029- 0130, is $500.00 and the maximum bid cash offer for 7849 SW 68 Place: Folio No. 09-4035-013-0942 is $1000.00. Therefore, the City Manager shall have the authority to sell two City owned properties located at 4400 SW 60 Place, Folio No. 30-4024-029-0130 and 7849 SW 68 Place: Folio No. 09-4035-013-0942 for the maximum bid cash offer. N/A Ordinance Notice to Property Owners Listing RFP CSM2021-4400 SW 60 Place RFP CSM2021-7849 SW 68 Avenue Bid Opening RFP CSM2021-4400 SW 60 Place Bid Opening RFP CSM2021-7849 SW 68 Avenue Proposal: RFP CSM2021-4400 SW 60 Place 3 t ' THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Proposal: RFP CSM2021-7849 SW 68 Avenue Demand Star Results: RFP CSM2021-4400 SW 60 Place Demand Star Results: RFP CSM2021-7849 SW 68 Avenue Advertisements; Daily Business Review 4 l:. ,J City Owned Property Folio Owners Mailing Address BRENT J PFEIFFER 4410SW 60 PL JENNI PFEIFFER MIAMI, FL 33155 KAMMAI TYLER 30-4024-029-0130 MANUEL J CASTILLA 12296 SEMILLON BLVD REBECCA CASTILLA SAN DIEGO, CA 92131 09-4036-010-0290 CLAUDIO MIRO &W VICTORIA & 6730SW 48 ST MUSIUSA LLC MIAMI, FL33155 SALLIE BYRD & WADE BYRD (JTRS) 7851 SW 68 AVE ~ MIAMI, FL 33134 09-4035-013-094t' IGNACIO GUISASOLA 6792 SW 78 TER MIAMI, Fl33143 7 THE CITY OF PlEASANT LIVING CITY OF SOUTH MIAMI SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place SUBMITTAL DUE DATE: April 16,2021 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "City" or "CSM") through its Chief Executive Officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (which may also be referred to as an "Invitation for Proposals" or "Invitation to Bid") shall be a reference to this RFP unless otherwise specifically defined. All references to any action of, or decisions to be taken by, or to the delivery of documents to, the "City" shall mean that the action, decision or delivery is to be taken or made by, or delivered to, the City Manager, or the manager's written designee, unless the context in which the word "City" is used warrants a different meaning. If there is any conflict in the interpretation of the word "City', the meaning shall be resolved by the City Manager and the manager's decision shall be final and binding. The City is hereby requesting sealed proposals in response to this RFP #CSM2021-4400 SW 60 Place for Sale and Purchase of City Property, located at 4400 SW 60 Place, South Miami, FL 33 143, as defined in the Background and Scope of Project of the Solicitation. The purpose of this Solicitation is to seek proposals for the purchase of the City's property. Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Responses are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https:llnetwork.demandstar.com/ See directions for registering and signing into your OemandStar user account on the next page follOWing this Solicitation Cover Letter. Responses must be received electronically through OemandStar, no later than 10:00 A.M. local time (the "Closing Date") on April 16, 2021 and any Response received by the City through OemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, April 16, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https:llzoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1- 786-635-1003 Meeting 10: 3056636339. 1 of 61 8 1. • : . " The City reserves the right to award the Project to the person with the most responsive, responsible Response, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all Responses, and the right of the City to waive any irregularity in the Responses or Solicitation procedure. RFP for Sale and Purchase of City Property 2 of 61 Nkenga A. Payne, CMC City Clerk City of South Miami 9 DemandStar Registration and User Account Sign-in Directions The following is an example ofthe procedure on April 3, 2020 and it is subject to change after that date. Go to https:/Inetwork.demandstar.com/ which on April 3, 2020 brings up the following message. --- COVID-19 (Coronavirus) Emergency Response From DemandStar -.. . DemandStar is committed to helping all go vernment agen ci es source qualified suppliers fo r COVID-19 emergency resp o nse. Governments If you are a government agency who needs Ebidding capability to receive supplie r responses on line , please fill o ut this fo rm and we will get back to you immediately. Ebidding is offered at no charge to governments. Broadcast Bids on DemandStar Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar network, p lease click here to create your account and get notified of bidding opportunities. Create Your Account ~:~ DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. ~(-DEMANOSTAR k>rBuWfm' 1000~m"'~' ~ ~ RFP for Sale and Purchase ofeity Property 3 or 61 10 BACKGROUND AND SCOPE OF PROIECT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place The real property and improvements subject of this RFP are more specifically depicted and described at EXHIBITS I, II, III IV, V " VI hereto. END OF SECTION RFP for Sale and Purchase of City Property 4 of 61 11 No I 2 3 4 5 8 SCHEDULE OF EVENTS SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place TENTATIVE SCHEDULE Event Date* Advertisement! Distribution of Solicitation & Cone of Silence begins 3/10/2021 NONE Pre-RFP Meeting SCHEDULED Deadline to Submit Questions 417/2021 Deadline to City Responses to Questions 4/13/2021 Deadline to Submit RFP Response 4/16/2021 City Commission Final Decision 514/2021 Time* (EST) 10:00 AM 10:00 AM 10:00 AM 10:00 AM 7:00 PM The above schedule is subject to modification and if any dates specifically stated in this RFP are modified, the City will issue an Addendum. END OF SECTION RFP for Sale and Purchase of City Property 50f61 12 INSTRUCTIONS for RESPONDENT SALE AND PURCHASE OF THE CITY PROPERTY RFP #CSM2021-4400 SW 60 Place IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL") REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION COVER LETTER. Proposals that are not received by the deadline will be returned, unopened, to the proposer, and shall not be considered by the City. I. Purpose of Solicitation. The City of South Miami is requesting proposals for the sale and purchase of the Property. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City, and in accordance with the terms of this RFP. 2. Qualification of Proposing Person. Response submittals to this Solicitation will be considered. As part of its proposal, the proposer must demonstrate to the satisfaction of the City that it has the present ability to fully fund the purchase and will need to provide the City with proof of purchase money funds at the time of submission. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject any or all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a person to perform. 3. Deviations from Specifications. The proposing persons shall clearly indicate, as applicable, all areas in which the proposal does not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements and/or whether any deviation or irregularity may be accepted rests solely with the City. 4. Designated Contact. The awarded person shall appoint a person to act as a primary contact with the City of South Miami. This person or persons shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable in all aspects of the contract. 5. Precedence of Conditions. The proposing person, by virtue of submitting a response, agrees that the terms of this Solicitation and applicable law will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. In the event of any conflict in the Contract Documents, the order of precedence shall apply, unless clearly contrary to the specific terms of the Contract and/or this RFP: a) Contract b) Addenda to Solicitation c) Attachments/Exhibits to Solicitation d) Solicitation e) Respondent'S Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing person to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the follOWing are established: a) The proposing person acted in good faith in submitting the response; b) The error was not intentional or the result of gross negligence or willful inattention on the part of the person; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of the opening the proposals received, along with a request for permission to withdraw the person's Proposal; and d) The person submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not intentional or the result of gross negligence or willful inattention nor made in bad faith. RFP for Sale and Purchase of City Property 6 of 61 13 \ ) J 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10:00 AM, April 7, 2021 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (30S) 663-6346. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions. shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective persons via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the Solicitation. I I. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1 (Section 2-1 I. I, Miami-Dade Code of Ordinances). From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. including the City Manager and his staff. All written communications must comply with the requirements of the Cone of Silence, the City's Code of Ordinances and the City's Administrative Orders. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, or recorded contract negotiation sessions. In addition, you are required to comply with the City Manager's Administrative Order AO 1-15, unless there is a conflict, in which case this document and any future amendments or addenda thereto shall control. If a copy is not attached, please request a copy from the City's Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI- DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE IN THIS SOLICITATION. THEREFORE, WHERE THE COUNTY'S CONE OF SILENCE PROHIBITS VERBAL COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. The Cone of Silence shall not apply, if applicable, to: ( I) Duly noticed site visits by City staff to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation. (2) Any emergency procurement of goods or services pursuant to the Miami-Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (4) Communications regarding a particular solicitation between the procurement agent or contracting officer, or their designated secretarial/clerical staff responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document. RFP (or Sale and Purchase o( City Property 70f61 14 12. Violation of the Cone of Silence provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable and in such event, said Respondent or proposer shall not be considered for any Solicitation for a period ~f on~ year thereafter, including but not limited to Solicitations that requests any ~f. the following: a proposal; qualifications; a letter of interest or a bid concerning any contract for the provIsion of goods or services. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. During the period of time encompassed by the Cone of Silence, all persons and their agents who intend to submit, or who submitted, bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. 14. Reservation of Right. The City anticipates awarding one contract if an award of this RFP is made as a result of this Solicitation. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the Project. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from Respondents as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the RFP, including exhibits and required information be completed and complete in all respects. e) to negotiate modifications to the Proposal that it deems acceptable, prOVided the modifications do not give a material or substantial advantage to the proposer. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project and the proposal that is submitted, and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents that do not increase the cost of the Project to the Respondent. h) to cancel, in whole or part, this RFP when it is in the best interest of the City. i) to award the Project to the proposer with the highest price and that is the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the highest Proposal Price. k) The right to reject all bids or the City to award the contract to someone other than the highest bidder based on ability to pay the contact price in the case of a Respondents bid to purchase the City asset without financing. The decision to reject a bid based on ability to pay is left to the city Manager's sole and absolution opinion and judgement. A Respondent who submits a proposal does so with the understanding and agreement the Respondent thereby waives any objection to the City Managers decision in this regard absent of fraud or collusion. 15. Contingent Fees Prohibited. The proposing person, by submitting a proposal. warrants that it has not employed or retained a company or person. other than a bona fide employee. contractor or subcontractor. working in its employ. to solicit or secure a contract with the City. and that it has not paid or agreed to pay any person. company. corporation. individual or person other than a bona fide employee. contractor or sub-consultant. working in its employ. any fee, commission, percentage. gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public EntitY Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 follOWing a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services. or a contract for construction or repair of a pUblic building. may not submit proposals on leases of real property to or with the City of South Miami. may not be awarded a contract to perform work as a CONTRACTOR. sub-contractor. supplier. sub-consultant, or consultant under a contract RFP for Sale and Purchase of City Property 8 of 61 15 ;I J with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall include the Proposal Form(s) furnished by the City and as required by this RFP. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or UNA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: a) The Request for Proposals and Instructions to Respondents. b) A copy of all issued addenda. c) The completed fully executed Forms as reqUired by this RFP. d) Proposal Security, (Bond, irrevocable letter of credit, or cashier's check). e) A Proposal cover letter signed by an authorized representative of Respondent, and setting forth the information necessary to fully evaluate the Proposal in accordance with the terms of this RFP. 18. Liability. Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required to perform what is being proposed. and required by this Solicitation and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses. Certificates of Competency or other licensing requirement necessary to practice their profeSSion and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Security. '9. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered, if any. by the Respondent pursuant to this Proposal. there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 20. Execution of Contract: The City anticipates negotiation of a Sale and Purchase Contract ("Contract") with the top ranked person as set forth in this RFP. The Sale and Purchase Contract shall include terms and conditions that are customary for the sale and purchase of real property in Miami-Dade County, Florida. and it must be ultimately acceptable to the City Commission. Attached as exhibit' are the mandatory minimum contractual criteria ("Minimum Contractual Criteria") providing for the Respondent's submission of certain minimum contractual terms that shall be clearly set forth as part of the Proposal. 21. Evaluation of Proposals: The City, in its sole discretion. reserves the right to determine the applicability of this provision and to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of this RFP. In addition, the price. responsibility, responsibleness, and responsiveness of the Respondent's proposal, the financial position, experience, staffing, equipment, materials, references. and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the award of the Contract. A non-responsive proposal is a proposal which does not conform in material respects to this solicitation. A non-responsible Proposer is one that does not successfully demonstrate the capability in any or all respects to fully perform the requirements set forth in the proposal, or that does not have the relevant experience, integrity and reliability which will assure good faith performance. Thus, for example, the City Manager may reject a proposal that has not substantiated and demonstrated the financial capability of a Proposer. City staff may also recommend the rejection of any Proposal that it determines to be non-responsive or non-responsible. 22. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087. as amended, when requested shall be cause for rejection of the Proposal as determined by the City. RfP for Sale and Purchase of City Property 9 of 61 16 23. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by any unsuccessful Respondent that the Proposal Security, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process and that absolves the Respondent of all liability to the City. 24. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award or termination of the Contract. 25. Proposal Security Requirements: The Proposer, when submitting the Proposal, shall include a Proposal Security, in the amount of 3% of the proposed purchase price, and in the form of a bank or cashier's check, irrevocable letter of credit or surety bond. The City reserves the right to reject a proposal if the form of Proposal Security does not satisfy the terms of this Solicitation. A company or personal check shall not be deemed a valid Proposal Security. 26. Proposal Guarantee: Notwithstanding the fact that the Proposer, in submitting a proposal, agrees to the terms contained in this Solicitation package, the successful Proposer, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Proposer's signature, and deliver to the City. The Proposer who has the Contract awarded to it and who fails to execute the Contract and furnish the required documentation, within the specified time shall, at the City'S option, forfeit the Proposal Security that accompanied the Proposal, and the Proposal Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal Security, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents. If the City does not accept the Proposal Security, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. The City and successful Proposer may agree in writing, to apply the Proposal Security to the minimum initial deposit as referenced at Exhibit I. 27. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal received from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that results due to the Respondent's failure to make the necessary examinations or investigations. or in the Respondent's failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The City intends to sell the Property "as is, where is" without any representations or warranties. Proposers are expected to perform any and all due diligence that may be necessary to formulating a proposal. and any such due diligence will be at proposer's sole expense. 28. Time of Completion: The time is of the essence with regard to the performance under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents. 29. Submittal Reguirements: All Proposals shall comply with the requirements set forth herein and shall include all signed and fully completed forms and Proposal Security required herein. The Proposal cover letter shall be no more than 5 pages. and include all information required to enable the City to fully evaluate the Proposal, including information that relates to the Evaluation Criteria and Minimum Contractual Criteria. 30. Cancellation of Bid Solicitation: The City reserves the right to cancel. in whole or part, any request for proposal when it is in the best interest of the City. RFP for Sale and Purchase of City Property 10 of 61 17 \ ) i 31. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 32. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent. any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the City are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. Note: At the City Managers sole discretion. this section may be waived. 33. Bid Protest Procedure. The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within ten calendar days of the advertisement of this RFP. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after the posting of the Selection Committee's ranking decision. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. In order to protest the ranking, a bidder must have standing in accordance with applicable Florida law. (b) Protest of solicitation. A protest of the solicitation or ranking for the award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment. or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City'S determination of what is in the City'S best interest which is one of the criteria for selecting a bidder whose offer may not be the highest bid price. RFP (or Sale and Purchase o( City Property 11 of 61 18 (e) Authority to resolve protests. The Purchasing Manager. after consultation with the City Attorney. shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then. submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission. or reject all proposals. (f) Stay of procurement during protests. Upon receipt of a timely. proper and valid Protest Letter filed pursuant to the requirements of this section. the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above. unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health. safety. or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. The failure to file a protest as set forth hereinabove shall be deemed a waiver of any rights to challenge the decisions of the City. 34. NON-APPROPRIATION OF FUNDS. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation. then the City. upon written notice to Successful Bidder or their assignee of such occurrence. shall have the unqualified right to terminate the contract without any penalty or expense. 35. NO GUARANTEE. No guarantee. warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). END OF SECTION RFP for Sale and Purchase of City Property 12 of 61 19 \ Proposal Submittal Checklist Form SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: Attachments and Other Documents described below Checl< to be Completed x x x x x ---- x ---- x IF MARKED WITH AN "X": Completed. The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https:llnetwork.demandstar.com/ The City, at its discretion, may request hard copies of Responses received from a specific Respondent or all Respondents. Respondents Cost and Technical Proposal, Exhibit" Irrevocable Letter of Credit, Exhibit III Florida Relators/Florida Bar As-is Residential Contract, Exhibit VI Non-Collusion Affidavit Related Party Transaction Verification Form Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION RFP for Sale and Purchase of City Property 13 of 61 20 NON COLLUSION AFFIDAVIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place STATE OF FLORIDA COUNTY OF MIAMI-DADE _____________________ being first duly sworn, deposes and states that: (I) HelShelThey is/are the _______________________ _ (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed. directly or indirectly, with any other Respondent, firm. or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit. or cost elements of the Proposal or of any other Respondent. or to fix any overhead, profit. or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance. or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest. including this affiant. Signed, sealed and delivered in the presence of: By: ------------------Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the day of , 20 ___ , before me. the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) RFP for Sale and Purchase of City Property 14 of 61 21 \. _______________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. RFP for Sale and Purchase of City Property 150f61 22 RELATED PARTY TRANSACTION VERIFICATION FORM SALE AND PURCHASE OF CITY PROPERTY RFP #CSM1011-4400 SW 60 Place I , individually and on behalf of ______ --:-~_-:--:-__:_-=-:-_:__ ("Firm") have Name of Representative CompanyNendorlEntity read the City of South Miami ("City"fs Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for RFP for Sale and Purchase of City Property 16 of 61 23 the persona l gain or benefit of any other person or business entity , outside of the norma l gain or benefit anticipated through the performance of the contract. (6) I and t he Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any t hird party before any board, commission or agency of the City within the past two years other than as fo ll ows: (if necessary, use a separate sheet to supply additiona l information that will not fit on this line; however, you must make refe r ence , on the above line, to the additional sheet a nd the additional sheet must be signed under oath). X:I Pu rchas ingIVendor Registration l 12.28 .12 RELA T ED PARTY T RANSAC TIO N VERIFICATION FORM [3].docx (7) Neither I nor any employees. officers , or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, br other or sister) is re lated by blood or marriage to: (i) any member of the City Commission; (ii) any city emp loye e; or (iii) any member of any board or agency of the City other than as fo ll ows: :-c:-_-,--_-:-_--::::-_-:-_-:-:-.,,-_.,.-______ ,(if necessary, use a separate sheet to supp ly add ition al information that w ill not fit on this line; however, you must make reference. on th e above line, to the additiona l sheet and the additional sheet must be s igned under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the re lationshi p by blood or marriage of employees, officers, or directors of the Firm, or of any of the i r immediate family to any appointed or e lected officials of the City, or to their immediate family members]. (8) No Other Firm , nor any officers or d irectors of that Other Firm or anyone who has a financia l interest greater than 5% in that Other Firm , nor any member of those persons' immediate family (i.e., spouse, parents, chil dren, Jrothers and sis ters) nor any of my immediate fami ly members (hereinaft er referred to as "Related Parties ") has ~esponded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest ~reater than 5% in the Firm. or any member of those persons' immediate fam ily (i.e. spouse, parents, children, b ro t hers and Sisters) have a lso responded, other than the fo ll OWing: (if n ecessary, use a separate sheet to supp ly additiona l information that will not fit on this line; however. you must make r eference. on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the e thics code still app li es, if the person execu tin g thi s form is doing so on beha lf of a firm whose stock is pub licly t raded, the statement in this section (8) s hall be based solely on the signatory's personal knowledge and he /she is n ot required to make an independent in vestigation into the Other Firm, or the Fi rm he/she represents. as to their o fficers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' Immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change 11 circumstances that wou ld change our answers to this document. Specifically, after the opening of any responses t o a solicitation, I and the Firm have an obligation to supp lement this Verification Form with the name of all Re lated Parties who have also responded to the same solicitation and to disclose the relationship of those parties co me and th e Fir m. (10) A vio lation of the City's Ethics Code, the giving of any fa lse information or the fai lure to supplement this Verification Fo rm . may subject me or the Firm to immediate termination of any agreement with the City. and th e im position of the max imum fine and /or any penalties a ll owed by law. Addi tionally, violations may be considered by a nd subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that 1 have made a diligent effort to investigate the mat ters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. S.ignature: _____________ _ Pri nt Name & Title : _______________ _ Date: ___________ _ RF P for Sale a nd Purchase of C ity Property 17 or 61 24 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "adVisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney. however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift. favor. thing of value or financial benefit conferred. or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly. of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. partnership. or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents. children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid. a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2). (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and '(4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. RFP for Sale and Purchase of City Property 18 of 61 25 '- (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b )(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: ( I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor. or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who wou Id or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. ( I) Definition. The term IIgiftll shall refer to the transfer of anything of economic value, whether in the form of money. service. loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports. periodicals or pamphlets which are solely informational or of an advertising nature. ~3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also IJnlawfuI for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official pUblic action taken. or to be taken, or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be Violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(l) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes. for II10cai officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation. firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest. and should the corporation. firm, partnership or business entity have substantial business commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency. then the person shall file a sworn statement disclOSing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official poSition. nor shall that person in fact ever disclose confidential information garnered or gained through an official RFP for Sale and Purchase of City Property 19 of 61 26 ~. , position with the city. nor shall that person ever use such information. directly or indirectly. for personal gain or benefit. (i) Conflicting em1>'oyment 1>rohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside em1>'oyment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city. except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental. occasional or otherwise. where city time. equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary. detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person. firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain a1>pearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter. license. contract. certificate, ruling, decision. opinion. rate schedule, franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly. for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate. and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate. ruling, decision, opinion, rate schedule. franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift. directly or indirectly. for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity. or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official. officer or employee. RFP for Sale and Purchase of City Property 20 of 61 27 · ~ (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(l) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p) (I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval. disapproval, recommendation. the rendering of advice. investigation, or otherwise, during his or her city service or employment. A person participated "directlyll where he or she was substantially involved in the particular subject matter through decision, approval. disapproval, recommendation. the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectlyll where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation. the rendering of advice. investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the dty attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties prOVided in section SA-2(p). < q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. rOrd. No. 6-99-' 680, § 2, 3-2-99) Editor's note-Ord. No. 6-99-16S0, § I. adopted 3-2-99. repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ BA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions. respectively, and derived from Ord. No. 634. §§ I (I A-I). I (I A-2) adopted Jan. II, 1969. END OF SECTION RFP for Sale and Purchase of City Property 21 of 61 28 EXHIBIT I Mandatory Minimum Contractual Criteria for Negotiation of Contract SALE AND PURCHASE OF CITY PROPERTY RFP #CSM1011-4400 SW 60 Place FROM OF CONTRACT TOTAL PURCHASE PRICE: FINANCING: INITIAL DEPOSIT DUE DILIGENCE PERIOD: TOTAL DEPOSIT: CLOSING: BROKERAGE FEES: AS IS PURCHASE: RFP for Sale and Purchase of City Property Florida Relators/Florida Bar As-is Residential Contract, Exhibit VI Proposer to provide highest and best offer. All sales must be approved by the City Commission. All cash offers; No financing contingency. 3% of proposed purchase price Sixty (60) days of Contract execution by Seller with right to extend Due Diligence Period an additional thirty (30) days upon payment of an additional 5% Deposit. Upon expiration of Due Diligence Period, an Additional Deposit of the sum of money necessary to bring the total Deposit equal to five percent (5%) of the Total Purchase Price, which Initial and Additional Deposit shall be a Total Deposit of five percent (5%) of the purchase price and shall be non- refundable and paid to City at the expiration of the Due Diligence Period. Closing on sale of Property will occur no earlier than 30 days but not later than 6 months following the end of the Due Diligence Period, including any extension agreed to in writing by all parties. There shall be no brokerage fees in association with this transaction. The Property is being purchased by Proposer on an "as-is" "where is" basis without representation or warranty by the City. END OF SECTION 22 of 61 29 o. 4 EXHIBIT II RESPONDENTS COST AND TECHNICAL PROPOSAL SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place The Property subject of this RFP includes: 4400 SW 60 Place, South Miami, FL 33143 (Folio: # 30-4024-029-0130) MAXIMUM BID CASH OFFER FOR THE SUBJECT PROPERTY: $ ________ _ SUBMITTED THIS DAY OF -------------------20 __ . PROPOSAL SUBMITTED BY: Company/Respondent Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION RFP for Sale and Purchase of City Property 230f61 30 It" .. EXHIBIT III IRREVOCABLE LETTER OF CREDIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place IRREVOCABLE LETTER OF CREDIT NOTE: PROVIDED BY RESPONDENT END OF SECTION RFP for Sale and Purchase of City Property 24 of 61 31 EXHIBIT IV Miami-Dade Property Appraisers Summary Report SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place Miami-Dade Property Appraisers Summary Report for Folio # 30-4024-029-0130 4400 SW 60 Place, South Miami, FL 33143 END OF SECTION RFP for Sale and Purchase of City Property 250f61 32 • OFFICE OF THE PROPERTY APPRAISER Summary Report Property Info r mation Fol io: 30-4024-029-0130 Property Addres s: Owner CITY OF SOU TH MIAMI Mailing Addres s 6130 SUNSET DR SO M IAM I, FL 33143-5040 PA Pri mary Zone 0100 S IN G LE FAM ILY -GENERAL Primary Land Use 8080 VACANT GOVER N MEN TAL: VACANT LAND -GOVERNMENTAL Beds I Baths I Half 0 /0 /0 Floors o Living Units o Actua l Area o Sq.Ft Living Area o Sq.Ft Adjusted Area o Sq.Ft Lot Size 1,378 Sq.Ft Year Built o Assessment Information Year 2020 2019 2018 L and Value $13 ,780 $13 ,780 $13 ,780 Building Valu e $0 $0 $0 XF Value $0 $0 $0 Market Value $13 ,780 $13,780 513,780 Assessed Value $481 5438 5399 Benefits Information Benefit Type 2020 2019 2018 Non-Homestead Ca p Assessm ent Reductio n $13,299 $13 ,34 2 $13 ,3 81 Municipal Exemption $481 $438 5399 Note: Not all benefits are applicable to all Taxab le Values (i.e. County, School Board, City, Regional), Short Legal Description ALTA TERRA PB 19-67 UNNUM BERED LOT SOUT H OF LOT 13 RESERV ED FOR PUMP ING PLANT BLK 4 LOT SIZE S ITE VALUE Tax able Value Information County Exemption Va lue $481 Taxable Value $0 School Boa r d Exemption Va lue $13.780 Taxable Value $0 City Exemption Value Taxable Val ue R e gio na l Exemption Value 5481 Taxable Val u e $0 Sales Information Pre vious Sale OR Book-Page Generated On : 114/202 1 2018 $438 $399 $0 $0 $13,780 $13,780 $0 $0 so $0 $438 $399 50 $0 Qual ification Description The Office of the Property Appraiser i s continually editing and upda ting the ta)( roll. This website may not reflect the most current information on record . The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at hllp:/AV\V\\I.miamidade.govfin fo/disclalmer.asp Version: 26 of 61 33 EXHIBIT V Land Appraisers Report SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021·4400 SW 60 Place Land Appraisers Report For 4400 SW 60 Place, South Miami, FL 33143 Prepared by Penser Appraisals END OF SECTION RFP for Sale and Purchase of City Property 27 of 61 34 • • PENSER APPRAISALS REAL ESTATE APPRAISERS AND CONSULTANTS APPRAISAL OF VACANT lAND LOCATED AT: 4400 SW 60th PLACE (APPROX.) SOU TH MIAMI, FL 33143 FOR: PR IVATE APPRA ISAL FOR VA L UATION PURPOSES BORROWER : NfA AS OF : J anuary 22 , 2021 BY : LU IS A L BERTO PENAGOS CERT RES RD4729 16559 SW 61 LANE , M IAM I, FL 33193 (305) 388 -0270 -(305) 388-0495 28 of 61 FileNo 05016480 35 USPAP COMPLIANCE ADDENDUM File No. 05016480 APPRAISER'S CERTIFICATION: The following Certification statements are in addition to and may supercede the signed Appraiser's Certification attached to this appraisal report This Appraiser's Certification is compliant with the current edition of the Uniform Standards of Professional Appraisal Practice. 1 certify that. to the best of my k.nowledge and belief: The statements of fact contained in this report are true and correcL The reported analyses. opinions. and conclusions are limited only by the reported assumptions and limiting conditions and are my personal. impartial. and unbiased profeSSional analyses. opinions. and conclusions. I have no present or prospective Interest In the property that Is the sUbject of this report and no personal Interest with respect to the parties involved. I have no bias with respect to the property that is the sUbject of this report or to the parties invoved with this assignmenL My engagement in this aSSignment was not contingent upon developing or reporting predetermined results. My compensation for completing this asslgnement is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the Client. the amount of the value opinion. the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses. opinions. and conclusions were developed. and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I 00 have 0 have not made a personal inspection of the property that is the subject of this report. (If more than one person signs this certification. the certification must clearly specify which individuals did and which individuals did not mak.e a personal inspection of the appraised property.) No one provided significant real property appraisal assistance to the person signing this certification. ([f there are exceptions. the name of each individual providing significant real property appraisal assistance must be stated.) PURPOSE, INTENDED USE, AND INTENDED USER OF THE APPRAISAL: The purpose of the appraisal is to estimate the market value of the subject property, as defined in this report as of the effective date of this report. The Intended use of the appraisal Is to assist the client and any other Intended users In the underwriting. approval, and funding of the mortgage loan. The intended users of this report are the stated client and any other institutions involved in the underwriting. approval, and funding of the mortgage loan. No one else, including the purchaser and seller, should rely on the estimate of value or any other conclusions contained in this appraisal report. ANALYSIS AND REPORT FORM: The appraisal is based on the information gathered by the appraiser from public records, other identified sources. inspection of the subject property and neighborhood, and selection of comparable sales, listings. and/or rentals wilhln the subject market area. The original source of the comparable data described in the Data Source section of the market grid along with the source of confirmation provided. where available, the original source is presented first. The sources and data are considered reliable. When conHicting information was provided, source deemed most reliable has been used. Data believed to be unreliable was not included in the report or used as a basis for the value conclusion. The e)(tent of the analysis to this aSSignment is stated in the Appraiser's Certification included above and attached to this report. DEFINITION OF INSPECTION: The term "Inspection", as used in this report. is not the same level of inspection that is required for a ·Professional Home Inspection· The appraiser does not fully inspect the electrical system, plumbing systems, mechanical systems, foundation system. noor structure, or subnoor. The appraiser is not an e)(pert in construction materials and the purpose of the appraisal is to make an economic evaluation of the subject property If the client needs a more detailed inspection of the property. a home inspection, by a Professional Home Inspector. is suggested. DIGITAL SIGNATURES: The signature(s) affixed to this report. and certification, were applied by the original appraiser(s) or supervisory appraiser and represent their acknowledgements of the facts. opinions and conclusions found in the report. Each appraiser(s) applied his or her Signature electronically using a password encrypted method. Hence these Signatures have more safeguards and carry the same validity as the individual's hand applied Signature. If the report has a hand·applied Signature. this comment does not apply. OPINION OF MARKET VALUE VS ESTIMATE OF MARKET VALUE: The current Uniform Standards of Professional Appraisal Practice defines the market value conclusion as an opinion of market vatue and not an estimate of market value. THREE YEAR SALES HISTORY FOR THE SUBJECT PROPERTY: The appraiser has complied with Standards Rule '·5b and 2·2b (I)() requiring the appraiser to analyze and report all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. If this information was available to the appraiser(s). it is reported in the subject column of Sales Comparison Analysis section of the appraisal report EXPOSURE PERIOD: By studying the sales of similar comparable residential properties with value ranges as identified in the Neighborhood section 01 this report and discussions with individuals k.nowledgeable of current neighborhood trends in the subject area. the appraiser feels that the e)(posure lime for the subject property is equal to the indicated Marketing Time identified in the Neighborhood section of this appraisal report. SUPERVISORY APPRAISER: Name LUIS ACBERTO P AGOS .:;;Si""gn.;:at.;:ur;.::;e ______________ 0 Did 0 Did Not Name Luis Alberto Penagos Inspect Properly Dale Report Signed 01/2612021 Date Report Signed Stale Certification' CERT RES RD4729 State FL Stale Certification I CERT RES RD4729 State FL Or State License' State Or State License I State 36 PENSER APPRAISALS USPAP-COMPLIANT REPORT IDENTIFICATION Case No File No 05016480 Borrower I Client N/A Address 4400 SW 60th PLACE fAPPROX.l City SOUTH MIAMI County MIAMI·DADE State ~ Zip Code 33143 Lender I Client PRIVATE APPRAISAL FOR VALUATION PURPOSES This Appraisal conforms to one of the following definitions' [iJ Complete Appraisal The act or process of estimating value. or an estimate of value. performed without invoking the Departure Provision o Limited Appraisal The act or process of estimating value. or an estimate of value. performed under and resulting from invoking the Departure Provision. This Report is one of the following types: o Self Contained Report A written report prepared under Standards Rule 2-2(A) of a complete or limited appraisal performed under Standard 1 . 00 Summary Report A written report prepared under Standards Rule 2-2(8) of a complete or limited appraisal performed under Standard 1. o Restricted Report A written report prepared under Standards Rule 2-2(C) of a complete or limited appraisal performed under Standard 1. Comments on Appraisal and Report Identification Note any departures from Standards Rules 1-2. 1-3. 1-4. plus any US PAP-related issues requiring disclosure: 37 PENSER APPRAISALS LAND APPRAISAL REPORT Property Address 4400 SW 60th PLACE lAPPROX.l Census Tract 0076.01 CIIv SOUTH MIAMI County MIAMI-DADE State FL Zip Code 33143 Leoal OesaiDlion See Attached Addendum. .J ( File No 05016480 LENDER DISCRETIONARY USE Sale Price S Date OWner/Occupant CITY OF SOUTH MIAMI Ma Reference 54-40-24 Mortgage Amount S .. Sale Price S N/A Date of Sale N/A Property Rights Appraised Mortgage Type loan chames/concessions to be paid bv seDer S N/A 00 Fee Simple Discount Points and Other Concessions R.E. Taxes S 0.00 Tax Year 2020 HOA SlMo. N/A 0 Leashold Paid by Seller S lender/COent PRIVATE APPRAISAL FOR VALUATION PURPOSES IR Condominium (HUDNA) PUD Source LOCATION !:J Urban 00 Suburban k Rural NEIGHBORHOOD ANALYSIS Good A"l Fo, "'" BUILT UP 00 Over 75% 025-75% o Under 25% Employment Stabitity 00000 GROWTH RATE o Rapid 00 Stable o Slow Convenience to Employment 00000 PROPERTY VALUES 00 Increasing o Stable o Declining Convenience to Shopping 00000 DEMANDISUPPL Y R Shortage ~ In Balance o OverSupply Convenience to Schools 00000 MARKETING TlME Under 3 Mas X 3-6 Mos. [] Over6Mos Adequacy of Public Transportation 00000 : PRESENT LAND USE % LAND USE CHANGE PREDOMINANT stG..EFIWLYHClUSNG Recreation f acililies 00000 ~ Single Family ~ NotUkely 00 OCCUPANCY PRICE AGE Adequacy of f acUities 00000 ~ 2-4 Family ~ Likely 0 Owner 00 S(OOO) (yrs) Property Compalibiity 00000 ~ Multi-Family ~ In process 0 Tenant 0 230 Low 2 Protection from Detrimental Condo 00000 Commercial ~ To: Vacant (0-5%) 00 ~Hi9h=:TIL Police & Fire Protection 00000 Industrial 0°;' Vacant (over 5%) 0 Predominant General Appearance of Properties ~RRB Vacant 1°;' 600 67 ADDealto Market Note: Race or the racial composition of the neighborhood are not considered reliable appraisal factors COMMENTS THE SUBJECT IS LOCATED IN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD CONSISTING OF SINGLE FAMILY HOMES. NO FACTORS WERE OBSERVED WHICH MAY ADVERSELY AFFECT MARKETABILITY. SCHOOLS SHOPPING PLACES OF WORSHIP MEDICAL FACILITIES AND PUBLIC TRANSPORTATION ARE IN CLOSE PROXIMITY. Dimensions NOT RECORDED IN TAX ROLLS Topography LEVEL SlleArea 11378 Sg.Ft.ITAX RECORDS Comer lot NO (SIZE NOT RECD.) Size TYPICAL FOR AREA Zoning Classification RU-1 -SINGLE.fAMILY RESIDENTIAL loning Compfiance LEGAL Shape RECTANGULAR HIGHEST & BEST USE: Present Use RESIDENTIAL Other Use VACANT LAND Drainage APPEARS ADEQUATE UTIUTIES PubliC Other SITE IMPROVEMENTS Type PubliC Private View TYPICAL Electricity 00 Slreet ASPHALT 00 0 landscaping TYPICAL Gas 0 Curb/Guller NONE 0 0 Driveway NONE Water 00 Sidewalk NONE 0 0 Apparent Easements NONE Sanitary Sewer ~ Street Ughts NONE R R FEMA Flood Hazard Yes' ---No X Storm Sewer ADev NONE fEMA' Man/Zone X Comments (Apparent adverse easements. encroachments. special assessments. slide areas. etc) NO APPARENT ADVERSE EASEMENTS ENCROACHMENTS, OR OTHER ADVERSE CONDITIONS OBSERVED. The u"Cer~';"ee has ret'le~ Ihree recenl ules 01 properties m:SI slll',',ar an~ pro"."ale 10 SLCle:1 anc "as cons'~e.tC Inest 'n Ine "'arkel analYSIS T~e ~es"lplion ,r.cl~des a ~ollar .dj\J~lr.1e"l, fcfh~tl'ng mollLcl fhlc.!lon to Iho~t, ilcr!',~ 01 ~igrHfilanl \'ariatior. beh/e.'n H";(! ~utjCt' dSid c.o!T1partltlr ~fOtJ(·!t,t!' U ... \IQt'liflt.tnt Itt·~ In Hit c.onpudbl(' ptO"eft~ 1\ H:PCf!OI 10. or "'cre r"orable I~,". I~e suclet! pc~erty. a f'I,nJS (.) a~IUSlmenl Is "'a~e Inus reduc<ng Ine <ndlcaled value Of ~Ltle:1 ,r a "Qnlf'ca" Hem In Itt cc"'pAfacle Is Ir.le.lo' Ie or I", fa,crabl, I~an Itc SUCJCCI properly a plus (.) adJu'lmenl "f'lae. Ihu, ,ncr,asir.g In, ,nclcalrd val"r or '"c 'Ltlrel ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO 2 COMPARABLE NO.3 4400 SW 60th PLAt 5341 SW 67th AVENUE 6721 SW 62nd COURT 6747 SW 78th TERRACE Address SOUTH MIAMI FL SOUTH MIAMI FL 33155 SOUTH MIAMI FL 33143 SOUTH MIAMI FL 33143 Proximity to Subiect 0.87 miles SW 1.53 miles SW 2.29 miles SW Sales Price S NIA S 399000 S 325000 S 430000 Price! PER S.F. s N/A III S 39.34 III S 30.411Zl S 34.401Zl Data Source RQSTIT.R. REALQUEST/MLSITAX REC. REALQUEST/MLSIT AX REC. REALQUEST/MLSITAX REC. VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION I .(·)S Adiu<tmcnl DESCRIPTION T .r.liM","'"",r.1 DESCRIPTION I .r.lS Ad "'imCt11 • Sales or Financing CASH , CASH , CASH , , • Concessions NONE , NONE , NONE , , : Date of SaleITlme N/A CLSD 01/15/21 , CLSD 12/11/20 , CLSD 08/25/20 , , , , • Location SUBURBAN SUBURBAN , SUBURBAN , SUBURBAN , SileMew 1.378So.Ft. 10141 So.Ft. : -304000 10686Sq.Ft. : -320000 12500So.Ft. , -386000 , UTI LIT. TO SITE FPL FPL , FPL : FPL , , , ZONING RS-4 (S.F.-GEN: RS-4 (S.F.-GEN.) , RS-4 (S.F.-GEN.) , RS-4IS.F.-GEN.) , OTHER NONE NONE : NONE , NONE : MLS NONE MLS#A 10943328 : MLS#A 10606573 : MLS#A 10820891 : Net Ad; (totaO [ ] + Xl-'S 304000 [ J. 00-'S 320 000 11. 1xT 'S 386,000 Indicated Value Gross: 76~1 Gross: 98.5 Gross: 89.8,1 of Sublect Net: -76.2 S 95000 Net: -98.5 S 5000 Net: -89.8 S 44000 Comments of Sales Comparison SUBJECT PROPERTY FOLIO NUMBER: 30-4024-029-0130. SEE ADDENDUM. Comments and Conditions of Appraisal: THIS APPRAJSAL IS INTENTED FOR VALUATION PURPOSES.THIS REPORT IS NOT INTENTED FOR ANY OTHER USE. Final Reconciliallon: FINAL RELIANCE IS PLACED UPON THE MARKET APPROACH TO VALUE BECAUSE OF THE RELIABILITY OF • AVAILABLE MARKET DATA. ~ I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF January 221 2021 to be S 45 000 • I (We) certify: that to the best of my (our) knowledge and belief. the facts and data used herein are true and correct. thatt (we) personally Inspected the subject property • an' '"peded aD rpa~~'"EiS rep'" an' Iha" (we) ""e " """,,',," '01",,1. "'"", " p".,,,"" '"",', Appralser(s) --4~ J:_ ..... _" ~ Review Appraiser o Did o Did Not LUIS-ALBERTO~ENAGOS (if applicable) Inspecl Property Prclr.tlaryLandfam04IE8CERT RES RD4729 Pens~ ~r~raisals 38 ADDENDUM Borrower: nla File No.: 05016480 Property Address: 4400 SW 60th PLACE (APPROX.1 Case No.: City: SOUTH MIAMI State: FL Zip: 33143 Lender: PRNATE APPRAISAL FOR VALUATION PURPOSES Legal Description ALTA TERRA PB 19-67UNNUMBERED lOT SOUTH OF lOT 13RESERVED FOR PUMPING PLANT BlK 4 Comments on Sales Comparison NOTES TO READER -Reconciliation of Sales Approach to Value Emphasis was given to all the sales when arriving at the subject's final market value estimate. All the comparable sales were arranged in the market grid in order of relevance taking into consideration proximity and date of sale. The appraiser has made an extensive search of the subject neighborhood and nearby neighborhoods in order to select the best comparable sales available. The search criteria utilized in this report to find the comparables being presented was: 1) To find comparables that sold within the previous 6 months from the effective date of the appraisal report, 2) To find comparables that were located within the mile from the subject property, 3) To find com parables most comparable to the subject property considering factors of location, size, age, condition, style and features, 4) To find comparables that were located within the subject's neighborhood boundaries. All the comparable sales being utilized in this appraisal were all located within the subject's neighborhood boundaries. All the sales presented in the appraisal report are considered to be excellent indicators of the subject's current market value estimate. This is based on the appraiser's judgement that these sales are among the most comparable to the subject property considering factors of location, size, age, condition, style and features. The final opinion of value was reconciled by the final arithmetic mean of the final adjusted sales prices of the 3 closed sales presented in the appraisal report. -The subject's area consist of a wide range of properties types, varying in size, quality, condition and price.The range of property values is typical of the area and marketability on all the value ranges is average. Therefore, any deviation from the predominant value should have no effect on marketability and/or market value. -The subject is located in an established residential neighborhood consisting of single family homes. It is located in the city of South Miami in Miami-Dade county. Schools and family amenities are in close proximity with shopping available along the major arteries. CONDITIONS OF APPRAISAL A digital signature has been applied to this report by the appraiser. I certify that this is a true and original signature. This and all reports that are issued via Electronic Data Exchange are released in a "Locked" or "Read Only" mode. As such, the appraiser is the sole individual who can amend or change this report. SUPPLEMENTAL ADDENDUM PURPOSE OF APPRAISAL The purpose of this report is to estimate the market value of the subject property as of the date indicated. The subject is appraised on the basis of conventional financing, unaffected by any special financing, fees, costs or credits. SCOPE OF THE APPRAISAL The "scope of the appraisal" means the extent of the process of collecting, confirming and reporting data pertinent to the formation of a market value estimate for the subject property. The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales within the subject market area. The original source of the com parables are shown in the Data Source section of the market grid, along with sources of confirmation, if available. When conflicting information was provided, the source deemed most reliable was used. Data believed unreliable was not included in the report, nor used as a basis for the value conclusion. All of the relevant aspects of the verified data relied upon, as known to the appraiser, is reported within this report. Descriptive AdderdJm Page 1 rJ 3 320f61 39 ADDENDUM Borrower: nIa File No.: 05016480 Property Address: 4400 SW 60th PLACE (APPROK) Case No.: City: SOUTH MIAMI State: FL Zip: 33143 Lender: PRIVATE APPRAISAL FOR VALUATION PURPOSES factors and a discussion of the data are included within the appropriate sections of this report. HIGHEST AND BEST USE Highest and Best Use. The reasonable probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. Highest and best use of land or site as though vacant. The use of a property based on the assumption that a parcel of land is vacant or can be made vacant through demolition of any improvements. Highest and best use of property as improved. The use that should be made of a property as it exists. The opinion of Highest and Best indicated in this report takes into account these factors and the nature of the subject property as it compares with the surrounding neighborhood. CONDITION OF COMPONENTS The appraisal calls for opinions of condition on certain components of the subject improvements including, but not limited to; appliances, heating/cooling, surfaces, electrical, mechanical, roof, and plumbing systems. The conditions indicated in this report are based on observations made at the time of inspection. They rely on reasonable expectations as to adequacy as well as visual indications; and are based upon neighborhood standards. The observations do not constitute certifications; and if certification is required a legally qualified consultant should be retained. ZONING AND BUILDING COMPLIANCE The opinion of zoning compliance expressed in this report is based on inspection of the property, and generally available information with respect to the assigned zoning classification, and does not represent a certification of compliance. This report also assumes that the property as inspected was built in compliance with all applicable codes, regulations and that all necessary permits were obtained. ENVIRONMENTAL Unless otherwise stated in this report, the existence of hazardous material, storage items, containers, or material that are not intended for normal and average consumer usage around the home, which mayor may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. FLOOD ZONE The flood zone indicated on this report was obtained from flood insurance rate maps (firm), issued by the federal emergency management agency (FEMA). The zone indicated in the yes/no space on the first page of this report refers to whether or not the subject property lies in a FEMA or HUD defined flood hazard area. It does not refer to flood insurance requirements, which are set by policy of lenders and participants in the mortgage markets. Occasionally, a property will be located on or near a flood zone boundary line making it difficult to determine the exact zone, given the limited detail of the firm maps. In these instances the most hazardous zone will be indicated on the report. Final verification of the zone should be made by engineering survey. PERSONAL PROPERTY Personal property, including those items which are not permanently attached/affixed to the real property. have not been included in the estimate of value unless otherwise indicated. Examples of the AdderdJn Page 2 cJ 3 330f61 40 ADDENDUM Borrower: nla File No.: 05016480 PropertvAddress: 4400 SW 60th PLACE (APPROX.l Case No.: City: SOUTH MIAMI State: FL ZiP: 33143 Lender. PRIVATE APPRAISAL FOR VALUATION PURPOSES aforementioned include above ground pools, counter top microwaves ovens, moveable dishwashers, furniture, etc. SUBJECT SKETCH The appraiser is not a surveyor; therefore the dimensions are approximate and the diagram is for visual aid only. SQUARE FOOTAGE -COMPARABLE SALES The appraiser uses actual living area in the market analysis for the subject and the comparable sale properties. The living area utilized for the comparable sales has been obtained from the Public RecordslTax Rolls and may have been further modified by the field appraiser's observation of the actual improvements. The living area of the comparable sales has been estimated to the best of the appraiser's observations and information obtainable. However, the appraiser has not measured the sale properties or had benefit of surveys, unless otherwise noted. TAXES/LEGAL DESCRIPTION This information has been derived through public record sources/tax rolls as provided by F.A.R.E.S. to our office. COST APPROACH The replacement costs utilized within this appraisal are obtained from the "Marshall & Swift Cost Handbook" and rounded. The appropriate cost adjustments were made for size and style of the improvements. These cost figures are frequently compared to actual construction costs supplied by local builders. The site value was based upon recent sales of comparable sites in the Subject's general neighborhood or competing neighborhoods. If no land sales were available, the site value was abstracted from improved sales from within the Subject's immediate area. If the subject property is a condominium unit, the cost approach is not considered appropriate and therefore was not utilized in this report. MARKET APPROACH The adjustments for saleslfinancing concessions are not necessarily the stated value of the concessions, but rather the market-indicated impact of such concessions. Whenever possible, financial considerations have been verified by buyer, seller or sales agent. It is the appraiser's opinion that the comparable sales utilized are the most reflective of the market for the Subject property. INCOME APPROACH The Income Approach is premised on capitalizing a net operating income from a property to arrive at an indicated value. Residential property is typically purchased for its intangible assets, and not for the purposes of generating income. Furthermore, the lack of reliable rental data makes this approach too weak to utilize. Addendum Page 3rJ3 34 of 61 41 File No. 05016480 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale. the buyer and seller. each acting prudenlly. knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated: (2) both parlies are well Informed or well advised. and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market: (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto: and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale . • Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markers reaction to the financing or concessions based on the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for mailers of a legal nature that affect either the property being appraised or the title to il. The appraiser assumes that the tille is good and marketable and. therefore. will not render any opinions about the tille. The property is appraised on the basis of it being under responsible ownerShip. 2. The appraiser has'provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser'S determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied. regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are Invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as. needed repairs. depreciation. the presence of hazardous wastes. toxic substances. etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report. the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes. toxic substances. etc. ) that would make the property more or less valuable. and has assumed that there are no such conditions and makes no guarantees or warranties. express or implied. regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field 01 environmental hazards. the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates. and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisai report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion. repairs. or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser musl provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value. the appraiser's identity and professional designations. and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower' the mortgagee or its successors and aSSigns: the mortgage insurer: consultants' professional appraisal organizations' any state or federally approved financiat institution' or any department. agency. or instrumentality of the United States or any state or the District of Columbia' except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having 10 obtain the appraiser'S prior written consent The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through adverlising. public relations. news. sales, or other media. Vacant Land Page 1 of 2 350f61 42 File No. 05016480 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 1 I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to . or more favorable than. the subject property. I have made a negative adjustment to reduce the adjusted sales price of the comparable and. if a significant item in a comparable property is Inferior to. or less favorable than the sUbject property. I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe. to the best of my knowledge. that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal. unbiased. and professional analYSIS. opinions. and conclusions. which are sUbject only to the contingent and Limiting Conditions specified in this form. 4 I have no present or prospective interest in the property that is the sUbject to this report. and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base. either partially or completely. my analysis and/or the estimate of market value in the appraisal report on the race. color. religion. sex. handicap. familial status. or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property. and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property 6. I was not required to report a predetermined vatue or direction in value that favors the cause of the client or any related party. the amount of the value estimate. the attainment of a specific result. or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal I did not base the appraisal report on a requested minimum valuation. a specific valuation. or the need to approve a specific mortgage loan. 7 I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal. with the exception of the departure provision of those Standards. which does not apply I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is conSistent with the marketing time noted in the neighborhood section of this report. unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the subject property and the exterior of all properties listed as comparables in the appraisal report I further certify that I have noted any apparent or known adverse conditions in the subject improvements. on the subject site. or on any site within the immediate viCinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent thatt had market evidence to support them I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report. I have named such individual(s) and disclosed the speCific tasks performed by them in the reconciliation section of this appraisal report. I cerllfy that any Individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report· therefore. if an unauthorized change is made to the appraisal report I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report. he or she certifies and agrees that: I direclly supervise the appraiser who prepared the appraisal report have reviewed the appraisal report. agree with the statements and conclusions of the appraiser. agree to be bound by the appraiser's certifications numbered 4 through 7 above. and am taking full responsibility for the appraisal and the appraisal report ADDRESS OF PROPERTY APPRAISED: 4400 SW 60th PLACE (APPROX.), SOUTH MIAMI, FL, 33143 APPRAISER: , '-u~ Signature: ~. ~ """J Name: LUIS ALBERTO P AGOS Dale Signed: .=.01.:..;12.=.6='=2.::.;02=-1=---___________ _ State Certification #: CERT RES RD4729 or State License #: _______________ _ State: .:...FL~ ________________ _ Expiration Date of Certification or License: ..:.11..:.:'~3.=;0/:.::2;.::;0=22=--___ _ CERT RES RD4729 SUPERVISORY APPRAISER (only if required) Signature: _________________ _ Name: Luis Alberto Penagos Date Signed: State Certification #. CERT RES RD4729 or State license # State .:...FL~ ________________ _ Expiration Date of Certification or License: o Did 0 Did Not Inspect Property Vacant Land Page 2 of 2 360f61 43 LOCATION MAP Borrower. n /a File No.: 05016480 PlOperty Address' 4400 SW 60th PLACE (APPRO X.) Case No City: SOUTH MIAMI State: FL Zip : 33143 Lender. PRI V ATE APPRAISAL FOR VALUATION PU RPOSES • ~ • ~ ..... + • • • ! T ~4 i CD t t @) r ! ~ • hW~$t f • ... ,. ! , ~ GRAPELAND • ","" HEIGHTS ~ @ ... Fontainebleau @> • l' r @) Westchester Santa's Enct\anted Forest M\ T emoor arilj dosed Y ,Iympia letghlS ~Ulll!i" Sunset , • t Compa rable Sale 1 5341 SN 67th AVENUE r k , SOUTH MIAMI , FL 33 155 ~ 0.8 7 miles SN > Glenvar Heights S'lJ7lndSt D%hlnf>9i @ t(W,1111\3t @ • @ • 1'4"''''SO-~ LITTLE HAV @) i @) FLAG AMI /lEST FlAGLER @ ALAMEDA , Little Gables ! '" \ t. West Miami Coral Terrace LUDLAM t r ..... SUbjec t ~ables 4400 lim 60th PLACE W'PROK) SOVTH MIA"', FL 331'3 Universily of Miami 9 CD 1 ~ ...... I SOUTHWEST COCONUT GROVE Comp arable Sale 2 6721 f!NV 62nd COUR T SOU TH ~IAMI, FL 331 43 • 153 mlles SN HIgh Pines COl \ls.~e COCONU GROVE ill 1,1( Ponce-Davis Pinecrest Gardens , • Fairchi ld Tropical BotaniC Garden RHsrdy Matheson CounfY Preserve Blscayn€! 8ay AqUSflC Preserve Map data C2021 16559 SW 61 L A NE , M IAMI, FL 33 193 (3 05) 388 ·02 70· (305) 388-0495 370161 44 FLOOD MAP Borrower nla Prooerty Address 4400 SW 60th PLACE (APPRQX .) City: SOUTH M IA M I $I<llc : FL Fi le No.: 050 16480 Case No Zip 33143 Lender . PRIVATE APPRAISAL FOR VALUATION PURPOSES -.- ~ ... , .. FLOOD I N FORM ATION , I I • ~ ~ ~, ... 0 -0"",_ I s./.4doff P l!'1V11t Cfn1@r I 1; I ~H~:O · " COIICF~~/~O • Subject 4400 SW 60TH PL MIAM I , FL 33155 : 1 ! ~ -_. • I , I \ • """..- ..... Ot.8 _.9 ~!~Sl,,1111'1!1::l~ -_. LEGEND ... -.i (:. ~ ! f ... ~ <0< .... - Community: MIAMI-DADE COUNTY -FEMA SpI_ I Flood HIIr<lrd Are" High Rts.k Property is NOT in a FEMA Speci al Flood Hazard Area Map Number; 12 086C0456L Panel, 12086C045 6 Zon e: X Map Date: 09-11 -2009 FIPS, 12086 Source: FEMA DFIRM Sky Flood '· Road View: Forest III . Water &.,..,od~ _-wi' _~or __ .III." r-1Ur-. ''''' 1I'. ..... _Ior;;.'-O\ -...., 16559 SW 61 LANE , M IAMI , FL 33193 (305) 388 ·0270 -(305) 388-0495 380161 45 PLAT MAP Borrower n/a File No.: 05016480 Case No · , P~o p erly Address ; 4400 SW 60th PLACE (APPRO X ) Cl1y: SOUTH MIAMI . Stat e; Fl Zip: 33143 Lender: PRIVATE APPRAISAL FOR VALUATION PURPOSES 16559 SW 61 LANE , MIAMI , Fl 33193 (305) 388·0270 • (305) 388..()495 390f61 46 PENSER APPRA ISALS Borrowe r. nfa Propert y Ad dress : 440 0 SW 60th PLACE (A PPRO X.) City: SOUTH MIAMI State: FL lender . PRIVATE A PPRAISA L FOR VALUATION PURPOSES File No.: 05016460 Case No : Zip: 33143 Prop~n y St.'llICh Ap plicat io n -Mi ami-Dadt.' Cou nty Pa~t.' 1 o f 1 OFFICE OF THE PROPERTY APPRAISER Summary Re port Propeny Information Folio:: Property Addr ... : ",aiU"!l Addren PA Prl/TUlr)' Zone Beds 1 Bath! 1 Ha lf Floors LMng Units Aetu.ll Area UVlngArea Lol Size YelIrSliln Aucs sme nt Intormatl on undV.llue auUdlng Value Ihrll;el Va l ue A ssessed Valu e Benefits Information Non ·Homes!nd Cop Munlc:lpal T,.. CITY OF SOUTH MIAMI 6130 SUNSET DR GO M"""U. F1. 33143-60010 0100 SINGlE FAAtiL y. GENERAL eoao VACANT GOVERNMENTAL ; VACAN'T LAND -GOVERI\'MENTAl 0/0/0 o o OSq..Ft OSqFt OSqfl 1,318 Sq Ft o 20201 201i "" 513,780 513.1&1 513760 SO SO SO SO SO " $13.780 5 13180 $13,180 s.:81 j ,,,. .399 2020 "" "U' 513299 $133'2 $1~ 381 "" .... Ncf.e' Nat all beoef.B are applicable :.0 all Taxable Values It II CourlIy SChool Board. CIty R~XII'\iII). Short Ll!gal DescrIp tion AlTA TERRA PB Ig-87 UNNUMBERED LOT SOUTH OF LOT 13 RESERVED FOR PUM ?L<,IG PLANT BU<" LOT SIZE SITE VAlU:: Taxable Va l ue InformatIon "'0 COllnly Exemption VlIIue $48t Taxallie V.-IM! SO Sehool Board Exe:TlpbcirlYMue SIJ 780 TaXllDie V"ue SO c,~ Enmptbn Value SO Ta~Value SO Regional E>:.emption \lW' '''' iaJC!lble Vlllue SO Isalt'S Inf ormation ?Jevioos sale I Prtcej OR 500k·Page j ~ated On 11261'2021 '''' "" '0' .,,, SO SO SlJ1M StJ1ati SO SO SO " SO SO '0' sm SO SO The OffJoeollhe ~ ~,,~ eO:UIg and uPCa:.tl\l 1M ta:. r=l. lluwrh.l:e IM1 ncJIlel\ed I~ mcKtcwmr. rJonrwian an IIICCII':l The ~ ~r .no"~C<UI::)'~no~ _UId..~WIlvs.eI~lIIht1;p.u-... ~~.~~ 16559 SW 61 LANE, MIAM I, FL 33193 (305) 386 -0 270 · (30 5) 388-0495 40of61 47 PENSER APPRAISALS Borrower: n /a File No.: 05016480 Pro perty Address : 4400 SW 60th PLACE (APPROX.) Case No.: City: SOUTH MIAM I SliM: FL l end er: PRIVATE APPRA ISAL FOR VALUATION PURPO SES 16559 SW 61 L A NE , MIAM I, FL 33 193 (305) 388·0270· (305) 388-0495 410r 6 1 Zi p: 33143 48 SUBJECT PROPERTY PHOTO ADDENDUM Borrower : nfa Property Address. 4400 SW 60th PLACE (APPRDX.) Ci ty SOUTH MIAMI lender PR IVATE APPRAISAL FOR VALUATION PURPOSES Slate FL 420161 File No .. 05016480 Case No . Zip: 33143 FRONT VIEW OF SUBJECT PROPERTY App raised Dat e: January 22 , 2021 Appra ised Value : S 45 ,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE 49 Borrower : n /a Property Address : 4400 SW 60th PLACE (AP PRO X.) City: SOUTH MIAMI PENSER APPRA IS ALS Stale: FL Lender : PRIVATE APPRAISAL FOR VALUATION PURPOSES File No : 050 16480 Cas e No.: lip: 33143 SUBJECT PROPERTY SUBJECT'S STREET SCE NE SUBJECT'S STREET SCENE 50 COM PA RABLE PR OPERTY PHOTO AD DEN DUM Borrower n/:;l Prol!£rly Address 4400 SW 60th PLACE (APPROX., City SOUTH MIAMI Slale. FL Lender PRIVATE APPRAISAL FOR VALU ATION PURPOSES ~4 0161 FileNo 05016480 Case No Zip 33143 COMPARAB LE SALE #1 5341 SW 67th AVENUE SOUTH MIAMI, FL 33155 Sale Date else 01/15121 Sale Price S 399 ,000 COMPARABLE SALE #2 6721 SW 62nd COURT SOUTH MIAM I, Fl 33143 Sale Dill e else 12 111 /20 Sale Price S 325 ,000 COMPARABLE SA LE #3 6747 SW 78th TERRACE SOUTH MIAMI, FL 33143 Sale Dale elSD 08/25120 Sale Price S 430 ,000 51 PENSER APPRA ISAL Borrower : n/a Fi le No.: 05016480 Pr oper ly Ad dress: 4400 SW 60th PLACE /APPROX.l Case No.: City: SOUTH MIAMI Slate: FL Zip : 33 143 Lender : PRI VATE APPRAISAL FOR VALUATION PURPOSES Ron ~11s. Govemor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA R ~l ESTAl'EtAgpRAISAl BD THE CERTIFIED RESIDEI'Il'Ib!;APPRArSfRfIER~IN ISCERTIFIED UNDER THE PROVISIONS OF'Clfp:PTER "'7S~FLORThA S'TATUTE S 116559 SW 61S'f LN J)1!AM I FL36193 Always verify licenses on li ne at MyFlorida Ucensecom Do not alter this docum ent in any f onn. This Is your lice nse. It Is unlawl ul for anyone o ther than t he licensee to u se this document. 16559 SW 6 1 LANE, MIAMI, FL 33193 (30 5) 388-0270 · (3 05 ) 388-0495 4 5 of 61 52 PENSER APPRAISALS Borrower: nla Property Address: 4400 SW 60th PLACE (APPROX.) City: SOUTH MIAMI Lender: PRIVATE APPRAISAL FOR VALUATION PURPOSES ~NA Agency Branch Prefix PoliCY Number 078990 969 R1A65261408220 1. NAMED INSURED AND MAlUNG ADDRESS: luis Alberto Penagos 16559 SW 61 Lane Miami. Fl33193 Declarations State: FL File No.: 05016480 Case No.: Zip: 33143 Real Estate Appraisers Errors and Omissions Policy Insurance is provided by Continental casualty Company. 151 North Franklin Street. Chicago, Il60606 A Stock Insurance Company. NonCE TO POUCYHOLOERS: The Errors and Omissions liability coverage afforded by this policy is on a Claims Made and Reported basis. Claim Expenses will reduce the Limits of Liability. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 2. POUCY PERIOD: Inception: 11/0812020 Expiration: 11/0812021 at 12:01 A.M. Standard time at your address shown above 3. ERRORS AND OMISSIONS UABILITY: A. Limits of Liability: Each Claim: $1.000.000 Aggregate: B. Discrimination Limits of Liability: C. Deductible: Each Claim: $1.000 D. FIrst Coverage Date: 1110812020 E. Prior Acts Date: 11/0812005 4. PREMIUM Total Premium: 5. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION: Individual Real Estate Appraisers Vicarious Liability Endorsement CNA88632XX CNA90097XX CNA91170FL GSL7541FL Amendatory Endorsement -Florida Cancellation/Non-Renewal Endorsement -Florida CNA90182XX ED 09-2017 1-1372979 B -36630 16559 SW 61 LANE, MIAMI, FL 33193 (305) 388-0270 -(305) 388-0495 460f61 $1.000.000 $100.000 $567.00 53 EXHIBIT VI FORM OF CONTRACT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place FLORIDA RELATORS/FLORIDA BAR AS-IS RESIDENTIAL CONTRACT END OF SECTION RFP for Sale and Purchase of City Property 47 of 61 54 "AS IS" Residential Contract For Sale And Purchase ttl AoridaRealtors a THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 1" PARTIES: _______________________________ ("Seller), 2" and __________________________________ ("Buyer"), 3 4 5 6 agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and any riders and addenda ("Contract"): 1. PROPERTY DESCRIPTION: 7" 8" 9* 10 (a) Street address, city, zip: ______________________________ _ (b) Property is located in: _______ County, Florida. Real Property Tax 10 No.: _________ _ (~ ReaIProperty:The~galdescription~ _________________________ _ 11 12 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached 13 wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1 (e) or by other terms 14 of this Contract. 15 (d) Personal Property: Unless excluded in Paragraph 1 (e) or by other terms of this Contract, the following items which 16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase 17 range(s)/(oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s), drapery rods and 18 draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access 19 devices, and storm shutters/panels ("Personal Property"). 2~ Other~ems induded in this purchaseare: ________________________ _ 21 22 Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer. 23* (e) The following items are excluded from the purchase: ____________________ _ 24 25 PURCHASE PRICE AND CLOSING 26" 2. PURCHASE PRICE (U.S. currency): . ........ ... .............. ......... .............. ............ ......... ...... $ _____ _ 27* (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) ... $. ______ _ 28 The initial deposit made payable and delivered to "Escrow Agent", named below 29* (CHECK ONE): (i) 0 accompanies offer or (ii) 0 is to be made within (if left blank, 30 then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) 31 SHAll BE DEEMED SELECTED 32" Escrow Agent Information: Name: ____________________ _ 33" Address. ______________________________ _ 34" Phone: E-mail: Fax: _____ _ 35" (b) Additional deposit to be delivered to Escrow Agent within (if left blank, then 10) 36" days after Effective Date .......................................................................................... $ ______ _ 37 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit") 38* (c) Financing: Express as a dollar amount or percentage ("loan Amount") see Paragraph 8 ...... ______ _ 39" (d) Other: ...... $ _____ _ 40 (e) Balance to close (not Including Buyer's closing costs. prepaids and prorations) by wire 41* transfer or COLLECTED funds............................................................................... $ ______ _ 42 NOTE: For the definition of "COLLECTION" OR "COLLECTED" see STANDRD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44" (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 45" , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the 47 counter-offer is delivered. 48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed 49 and delivered this offer or final counter-offer ("Effective Date"). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and 51 the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing") 52" on ("Closing Date"), at the time established by the Closing Agent. 53 5. EXTENSION OF CLOSING DATE: 54 (a) If Closing funds from Buyers lender(s) are not available al time of Closing due to Truth In lending Act (TllA) notice 55 requirements, Closing shall be extended for such period necessary to satisfy TllA notice requirements, not to 56 exceed 7 days. Buyer's Initials Page 1 of 11 Seller's Initials _______ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved 48 of 61 55 57 58 59 60 61 62- 63 64 65 66 67 68 69 70 71 72· 73 74 75 76 77 78 79 80 81· 82- 83 84 85· 86 87- 88· 89- 90· 91· 92· 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 6. 7. 8. (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance, to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, Flood or Homeowners' insurance. If restoration of such utilities or services and availability of insurance has not occurred within (if left blank, then 14) days after Closing Date, than either party may terminate this Contract by delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. OCCUPANCY AND POSSESSION: (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed all personal Items and trash from the Property and shall deliver all keys, garage door openers, access devices and codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted the Property in its existing condition as of time of taking occupancy. (b) D CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING: If Property is subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of written notice of such election to Seller within 5 days alter receipt of the above items from Seller, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from alt further obligations under this Contract. Estoppel Letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied by Seller after Closing, See Rider U. POST-CLOSING OCCUPANCY BY SELLER. ASSIGNABILITY: (CHECK ONE): Buyer D may assign and thereby be released from any further liability under this Contract; D may assign but not he released from liability under this Contract; or D may not assign this Contract. FINANCING FINANCING: D (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to Bu yer's obligation to close. [~ (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a D conventional D FHA = VA or :J other (describe) loan on the following terms within (if left blank, than 30) days after Effective Date ("Loan Commitment Date ll ) for (CHECK ONE): 0 fixed, D adjustable, D fixed or adjustable rate loan in the Loan Amount (See Paragraph 2(c», at an initial interest rate not to exceed % (if left blank, then prevailing rate based upon Buyer's creditworthiness), and for a term of (if left blank, then 30) years ("Financing"). Buyer shall make mortgage loan application for the Financing within (if left blank, then 5) days after Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing ("Loan Commitment") and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such sta tus and progress to Seller and Broker. Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the earlier of: i. Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or elected to waive the financing contingency of this Contract; or ii. 7 days prior to Closing Date If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing cortingency shall he deemed waived by Buyer. If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract docs not thereafter close, the DelDosit shall he paid to Seller unless failure to close is due to: (1) Seller's default; (2) Properly related conditions of the Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3) appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Commitment; or (4) the loam is not funded due to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. Buyer's Initials Page 2 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. AU rights reserved 490f61 56 114' 115' 116 117 9. 118 119 120 121 122' 123 124 125 126 127 128 129 130 131 132 133 134 135' 136' 137 138 139 140 141 142 143 144' 145 146 147' 148 149' 150 151 152 153' 154 155 156 157 158' 159' 160 161 162 163 164 165 166 167 168 169 170' 171 D (C) Assumption of existing mortgage (see rider for terms). D (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). CLOSING COSTS, FEES AND CHARGES CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: (a) COSTS TO BE PAID BY SELLER: • Documentary stamp taxes and surtax on deed, if any • HOAlCondominium Association estoppel fees • Owner's Policy and charges (if Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title • Title search charges (if Paragraph 9(c)(iii) is checked) • Seller's attorneys' fees .Other: ____ ~~----~------------------------------------------------------------------If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. (b) COSTS TO BE PAID BY BUYER: • Taxes and recording fees on notes and mortgages • Recording fees for deed and financing statements • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Survey (and elevation certification, if required) • Lender's title policy and endorsements • HOAlCondominium Association application/transfer fees • Loan Expenses • Appraisal Fees • Buyer's Inspections • Buyer's attorneys' fees • All property related insurance • Owners Policy Premium (if Paragraph 9 (c) (iii) is checked.) • Other: __________________________________________________________________________ _ (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 5) days prior to Closing Date, a title insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy premium, title search, municipal lien search and closing services (collectively, "Owner's Policy and Charges") shall he paid, as set forth below (CHECK ONE): D (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other provider(s) as Buyer may select); or D (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing services related to Buyer's lender's policy, endorsements, and loan closing; or D (iii) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, which is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and If applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ (if left blank, then $200.00) for abstract continuation or title search ordered or performed by Closing Agent. (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date (e) HOME WARRANTY: At Closing, D Buyer 0 Seller D N/A shall pay for a home warranty plan issued by _____________________________________ at a cost not to exceed $ . A home warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreements warranty period. (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body ("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in installments (CHECK ONE): o (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing. installments prepaid or due for the year of Closing shall be prorated. D (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. Buyer's Initials Page 3 of 11 Seller's Initials ________________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® an~!6ibrida Bar. All rights reserved 57 J , 172 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (CDD) 173 pursuant to Chapter 190. F .S., which lien shall he prorated pursuant to STANDARD K. 174 DISCLOSURES 175 10. DISCLOSURES: 176 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 177 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal 178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon 179 testing may be obtained from your county health department. 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 181 does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have not been properly closed. 183 (c.) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 184 desires additional information regarding mold, Buyer should contact an appropriate professional 185 (d!) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone 186 the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving 187 the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" or "Coastal 188 Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service 189 under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and lor flood insurance 190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood 191' Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within (if left 192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and 193 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and 194 flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert- 195 Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures 196 (residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation 197 certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 199 required by Section 553.996, F.S. 200 (~I LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is 201 mandatory. 202 (g) HOMEOWNERS· ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY 204 DISCLOSURE, IF APPLICABLE. 205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 206 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBIUGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 209 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 211 (i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the 212 Foreign Investment in Real Property Tax Act ("FIRPTAU), Buyer and Seller shall comply with FIRPTA, which may 213 require Seller to provide additional cash at Closing. If Seller is not a "foreign person", Seller can provide Buyer, at or 214 prior to Closing, a certification of non-foreign status, under penalties of perjury, to inform Buyer and Closing Agent 215 that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller 216 are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and 217 withholding requirements pursuant to FIRPTA. 218 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not 219 readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence, 220 Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to 221 the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, 223 environmental, or safety code violation. 224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property, 226 ircluding, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS 227 Maintenance Requirement"). Buyer's Initials Page 4 of 11 Seller's Initials _______ _ FloridaReallors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved 51 of61 58 ~ .. 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 229· (a) PROPERTY INSPECT/ON AND RIGHT TO CANCEL: Buyer shall have (if left blank. than 15) days 230 after Effective Date ("Inspection Period'7 within which to have such inspections of the Property performed 231 as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole discretion, that the 232 Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such 232 election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the 233 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further 234 obligations under this Contract; however, Buyer shall be responsible for prompt payment for such 235 inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and 237 shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall 238 survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer 239 accepts the physical condition of the Property and any violation of governmental, building, environmental, 240 and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance 241 Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's 242 lender. 243 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to 244 time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up 245 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the 246 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement 247 and has met all other contractual obligations 248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of 249 the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written 250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the 251 Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with 252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's 253 obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents 254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling 255 such obligation, Seller shall not he required to expend, or become obligated to expend, any money. 256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, 257 Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer. 258 ESCROW AGENT AND BROKER 259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds and 260 other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the 261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract. 262 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the 263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions 264 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this 265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its 266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or 267 Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 268 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such 269 action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously 270 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as 271 amended and FREC rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow 272 disbursement order. 273 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 274 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's 275 fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he 276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful 277 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this 278 Contract. 279 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verily Property condition. square 280 footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals 281 for legal, tax, environmental, and other specialized advice concerning matters affecting the Properly and the transaction 282 contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all 283 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER 284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES 285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT 286 PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Buyer's Initials Page 5 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® andS~6Jprida Bar. All rights reserved 59 .... 287 Buyer and Seller (individually, the "indemnifying Party") each individually indemnifies, holds harmless, and releases 288 Broker and Brokers officers, directors, agents and employees from all liability for loss or damage, including all costs 289 and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers, 290 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by 291 Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii) 292 Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at 293 Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 294 including Brokers referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) 295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by 296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective 297 vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will 298 not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, 299 Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. 300 DEFAULT AND DISPUTE RESOLUTION 301 15. DEFAULT: 302 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including 303 payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the 304 account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full 305 settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this 306 Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller'S rights 307 under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split 308 equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share shall not be 309 greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. . 310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable 311 diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to 312 receive return of Buyers Deposit without thereby waiving any action for damages resulting from Seller's breach, 313 and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance. 314 This Paragraph 15 shall survive Closing or termination of this Contract 315 16. DISPUTE RESOLUTION: Unresolved controversies. claims and other matters in question between Buyer and Seller 316 arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will he settled as 317 fellows: 318 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 319 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 320 16(b). 321 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 322 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). The 323 mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought 324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be 325 resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall 326 survive Closing or termination of this Contract. 327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by 328 this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 329 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover 330 from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation. 331 r,is Paragraph 17 shall survive Closing or termination of this Contract. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 333 18. STANDARDS: 334 A. TITLE: 335 (n TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph 336 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and 337 delivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closing 338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the 339 Purchase Price, shall he issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the 340 following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and 341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise 342 oommon to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 343 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear 344 or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f) Buyer's Initials Page 6 of 11 Seller's Initials _________ _ FloridaReal!ors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and59lDfBtbrida Bar. All rights reserved 60 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 345 assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); provided, that, 346 none prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of terms Identified 347 in (b) -(f) above, then the same shall be deemed a title defect. Marketable title shall be determined according to 348 applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. 349 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in 350 writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered 351 to Buyer less than 5 days prior to Closing Date, Buyer may extend CloSing for up to 5 days after date of receipt to 352 examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer's 353 notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to 354 have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with 355 proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contact on Closing Date (or If 356 Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If Seller is unable to cure defects 357 within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a) 358 extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use 359 reasonable diligent effort to remove or cure the defects ("Extended Cure Period"); or (b) electing to accept title with 360 existing defects and close this Contract on (;Iosing Date (or If Closing Date has passed, within the earlier of 10 days 361 after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and 362 receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. If 363 after reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this 364 Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all 365 further obligations under this Contract. 366 B. SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach 367 on setback lines, easements, or lands of others, or violate any restrictions, covenants, applicable governmental 368 regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such matters, 369 together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer 370 timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title 371 defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's 372 request, execute an affidavit of "no change" to the Real Property since the preparation of such prior survey, to the 373 extent the affirmations therein are true and correct 374 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the 375 Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 376 D. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from 377 tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits 378 paid by tenant(s) or occupant(s) ("Estoppel Letter(s)"). If Seller is unable to obtain such Estoppel Letter(s), the same 379 information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may 380 thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel LeUer(s) or Sellers affidavit, if any, 381 differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 6, or if tenant(s)/occupant(s), 382 fail or refuse to confirm Seller'S affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such 383 information, but no later than 5 days prior to Closing Date, terminating this Contract and receive a refund of the Deposit, 384 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller shall, at Closing, deliver and 385 assign all leases to Buyer who shall assume Seller's obligations thereunder. 386 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any financing statement, 387 claims of lien or potential lienors known to Seller, and (ii) that there have been no improvements or repairs to the Real 388 Property for 90 days immediately preceding Closing Data. If the Real Properly has been Improved or repaired within 389 that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, 390 subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all such general 391 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs 392 which could serve as a basis for construction lien or a claim for damages have been paid or will be paid at Closing. 393 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract. 394 Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates 395 specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a 396 Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5.00 p.m. (where the Property is 397 located) of the next business day. 398 G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 399 to each other for damages so long as performance or non-performance of the obligation is delayed, caused or 400 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual 401 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer 402 or Seller, and which, by: exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to 403 prevent or overcome. All time periods, including Closing Date, will he extended for the period that the Force Majeure 404 prevents performance under this contract, provided, however, if such Force Majeure continues to prevent performance Buyer's Initials Page 7 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® an~5IPrida Bar. All rights reserved 61 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 405 under this Contract more tha n 14 days beyond Closing Date , then either party may terminate this Contract by delivering 406 wri tten notice to the other and the Deposit shall be re funded to Bu yer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract. 408 H . CONVEYANCE: Seller shall convey marketable title to the Real Property by statu tory wa rranty , trus tee 's, personal 409 re oresentative 's, or gu ardian's deed, as appropriate to the status of Seller, subject only to matte rs described in 410 S TAN DARD A and those accepted by Buyer. Persona l Property shall , at request of Buyer , be transferred by absolute 411 b il l of sa le with warranty of title, subject only to such matters as may be pro vided for in t hi s Con tract. 412 I. CLOSING LOCATION; DOCUMENTS ; AND PROCEDURE: 413 (il LOCATION: Closing will la ke place in the county where the Real Property is loca ted at the office of the attorney or 414 ot ner c losi ng agent ("C lo sin g Agent") designated by the party paying for the owne r's policy of title insurance , or , if no 41S tit e In surance, designated by Seller. Closing may be conducted by mai l or electronic means. 416 ,:ii l CLOSING DOCUMENTS : Seller shall, at or prior to Closing, execute and de li ve r , as appl ica bl e, deed, bi ll of sale , 417 c e rtificate(s) of title or othe r documents necessary to transfe r title to the Propert y, construction lien affidavit(s), owner's 418 oossessio n and no lien affidavit(s), and assignment(s) of leases. Seller sha ll provide Buyer with paid receipts for all work 419 d one on the Property pursuant to this Contract. Buye r shall furnish and pay for , as app licable the survey, flood 420 e levation ce rt ification , and documents required by Buyer's lender. 421 (ii ) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 422 orov ides insurance against ad verse matters pursuant to Section 627.7841 , F.S., as amended , the escrow closing 423 orocedure requ ired by STANDARD J shall be waived , and Closing Agent shall , subject to COLLECTI ON of all closing 424 fu n ds , d isburse at Closing the brokerage fees t o Broker and the net sa le proceeds to Seller. 425 J . ESCROW CLOSING PROCEDURE: If Title Comm itment issued pursuant to Paragraph 9(c) does not pro vide for 426 10 5ura nce against adverse matters as permitted under section 627.7841, F.S ., as amended, the following escrow and 427 c lo sing procedures shall apply: (1) all Closing proceeds shall be held in escrow b y the C losing Agent to r a period of not 428 m ore tha n 10 days after Closing ; (2) if Seller's title is rendered unmarketable , th rough no fault o f Buyer, Bu ye r s hall , 429 w th in the 10 d ay period , notify Seller in writ ing of the defect and Seller sh a ll have 30 days from date of re cei pt of such 430 n otification to cure the defect; (3) if Seller falls to timely cure the defect, the D eposit and all Clos ing funds paid by Bu yer 431 sh a ll , within 5 days afte r written demand by Buyer, be refunded to Buyer and , simultaneously w ith such repa yment. 432 Bu yer sha ll r eturn the Personal Property , vaca te the Real Property and re-convey the Property to Selle r by special 433 W3rranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit , Buyer sha ll take 434 tiU e as is , wa iving all rights against Sell er as to any intervening defect except as ma y he avai lable to Buyer by virtue of 435 w arranties contained in the deed or bill of sale . 436 1(. PRORATIONS ; CREDITS: The fo llowing recurring items will be made current (if applicable) and pro rated as of the 437 day prior to Closing Date , or date of occupancy if occupancy occurs before Closing Date: real estate taxes (i ncluding 438 special benefit tax assessments imposed by a COD), interest, bonds , association fees. insurance , rents and other 439 expenses of Property. Bu yer shall have option of taking over existing pol icies of insurance, if assumable, in which event 440 pr emiums shall he prorated . Cash at Closing shall he increased or decreased as may be required by prorations to be 441 m ade through day prior to Closing . Advance rent and security depOSits , if any, will be credited to Buyer. Es crow 442 deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due 443 all owa nce made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when 444 c urrent year's mi llage is n ot fixed but current year 's assessment is avai lable , taxes will be prorated based upon such 445 a s sessment and prior years millage. If c urrent year 's assessment is not avai lab le , then t axes wi ll he pro ra ted on prior 446 year 's tax. If there are completed improvements on the Real Property by January 1 st of yea r of Closing, which 447 i mprovemen ts were not in existence on January 1s t of prior year, than taxes shaH be prorated based upon prior year's 448 mi llage and at an equitable assessment to be agreed upon between the parties , fail ing which , request shall be made to 44 9 t he County Property Appraiser for an informal assessment taking into account avai lable exemptions. A tax proration 450 ba sed on an estimate shall , at either party 's request , be readjusted upon receipt of current years tax bill. T his 45 1 S TANDAR D K shall survive Closing. 452 L . ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS , AND WALK-THROUGH: Seller shall , 453 up on reasonable notice , provide utilities service and access to Property for appraisals and inspections , including a walk- 454 through (or follow-up walk -through it necessary) prior t o Closing. 455 M . RISK OF LOSS: If, after Effective Date , but before Closing , Property is damaged by firm or other casualty 456 (Casual ty Loss ") and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not 457 ex ceed 1.5 % of Purchase Price , cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant 458 t o t erms of this Contract. If restoration is not completed as of Closing , a sum equal to 125% or estimated cost to 459 co mplete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If act ual cost of restoration 460 e<ceeds escrowed amoun t, Seller shall pay s uch actua l costs (but, not in excess of 1.5% of Purchase Price ). Any 461 un u sed portion of escrowed amount sha ll be returned to Se ll er. If Cost of resto ration exceeds 1.5% of Purcha se Pric e , 462 Bu ye r sha ll e lect to eithe r take Property "as is" together with the 1.5%, or receive a refund of the D eposit, thereby 463 r e leasing Buyer and Seller from all further obligations under this Contract. Seller'S sole obligation with respect to tree 4 64 da mage by casualty or other natural occurrence sha ll be cost of pruning or removal. Buye r's nitials Page 8 of 11 Seller's Initials FJor idaRe a l'ors /Fl oridaBar-ASIS-2 R ev.B /13 © 2013 Florida Realtors ® ancP'f.tR! p!brida Bar. All rights reserved ----------62 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 465 N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneously with 466 Closing or deferred) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in 467 all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, cooperating 468 party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent upon, nor extended 469 or delayed by, such Exchange .. 470 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT 471 EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall be 472 binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever the 473 Context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the 474 attorney or broker (including such Broker's real estate licensee) representing any party shall be as effective as if given 475 by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic (including 476 "pdf') media. A facsimile or electronic (including "pdf') copy of this Contract and any signatures hereon shall be 477 considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as 478 determined by Florida's Electronic Signature Act and other applicable laws. 479 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of 480 Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 481 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in 482 this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be 483 bound by it. 484 Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 485 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or rights. 486 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten or 487 handwritten provisions shall control all printed provisions of this Contract in conflict with them. 488 S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or received, 489 including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent 490 or Closing Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by 491 Closing Agent until such amounts have been COLLECTED In Closing Agent's accounts. 492 T. LOAN COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the terms and conditions 493 upon which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre-approval 494 letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract. 495 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of 496 Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county 497 where the Real Property is located. 498 V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTAtI ): If a Seller of U.S. real property is a "foreign 499 person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property to 500 withhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Revenue 501 Service (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding 502 Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of 503 FIRPTA, Buyer and Seller should seek legal and tax advice regarding compliance, particularly if an "exemption" is 504 claimed on the sale of residential property for $300,000 or less. 505 (i) No withholding is required under Section 1445 if the Seller is not a "foreign person", provided Buyer accepts proof 506 of same from Seller, which may include Buyer's receipt of certification of non-foreign status from Seller, signed under 507 penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification 508 number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b). 509 Otherwise, Buyer shall withhold 10% of the amount realized by Seller on the transfer and timely remit said funds to the 510 IRS. 511 (ii) If Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in 512 this transaction and provides same to Buyer by Closing, then Buyer shall withhold the reduced sum, if any required, and 513 timely remit said funds to the IRS. 514 (iii) If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has 515 provided to Buyer the notice required by 25 CFR 1.1445-1 (c) (2)(i)(B) but no Withholding Certificate has been received 516 as of Closing, Buyer shall, at Closing, withhold 10% of the amount realized by Seller on the transfer and, at Buyer's 517 option, either (a) timely remit the withheld funds to the IRS or (b) place the funds in escrow, at Seller's expense, with an 518 escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently disbursed in 519 accordance with the Withholding Certificate issued by the IRS or remitted directly to the IRS if the Seller's application is 520 rejected or upon terms set forth in the escrow agreement. 521 (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction, 522 Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the applicable 523 requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for disbursement in 524 accordance with the final determination of the IRS, as applicable Buyer's Initials Page 9 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and5ftfE{p/hrida Bar. All rights reserved 63 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 525 (V) Upo n re m itting funds to the IR S pu rsuant to th is STAN DAR D , B uye r shall provide Se ll er co pi es of IR S F orms 8288 526 a n d 82 8 8-A , as fi led. 527 W . RESERVED 528 X _ BUYER WAIVER OF CLAIMS : To t h e extent permitted by l aw, Buyer w a ives a ny claims against Seller and 529 against any real estate licensee involved i n the negotiation of this Contr act, for any damage or defects 53 0 pertaining to the physical condition o f t h e Property that may ex ist at Closing of this Contract and be 531 s lJ bsequently discovered by th e Buyer or anyone claiming by, t hrough, unde r or against the Buyer. This 532 p r ovision does not relieve Seller's o b liga t ion to comply with Paragraph 10(j). This Standard X shall survive 533 Cl osing. 534 ADDE N DA AND ADDITIO N AL TERMS 535 1 9 . A DDENDA: Th e fo ll owi n g addi tional terms are included in the attached addenda or riders and inco rporated in to this 536' C Jntra ct (Check If applicable ): o A . Con do minium Rider 0 M. Defective Drywa ll 0 X. Kick-out Clause o B . Homeown ers ' Assn. 0 N . Coastal Construction Control Line 0 Y. Sellers Attorney Approval o C. Se ller Fina ncing o D. Mortgage Assumption o E . FHANA Financing O F . A ppr aisal Contingency o G. Short Sale o H . Homeowners'/F lood Ins. 0 1. R E S ERV ED o J . Inte rest-B ea ring Acct. o K . R E S ERV ED o L. R E S ER V ED 0 0 o P . o Q. O R. O S. o T . C U. [j V. L! W. Insulation Disclosure Lead Based Paint Disclosure (P re 1978 Hous ing) Housing for Older Persons Rezoning Lease Purchaser/Lease Option Pre -Closing Occupancy by Buyer Post-C losing Occupancy by Seller Sa le of Buyer's Property Back-up Contract o Z. Buyer's Attorney Approval o AA.Licensee-Personal Interest in Property o BB. Binding Arbitration o Other ________ _ 537 ' 2 0. AD DtTtONAL TERMS: ADM INISTRATION FEE: Buyer/Seller agrees to pay Realty3000 . Inc. an 538 Ad ministration fee in the amount of $195.00 at the closing of this Contract. 539 540 541 542 543 54. 545 546 547 548 549 550 551 552 553 554 COUNTER-OFFER/REJECTION 555' 0 S eller co un te rs Buyer's offer (to accept the counter-offer, Bu yer must sign or initial the counter-offered terms and de liver 556 a co py of th e acceptance to Seller). 557' 0 Sell e r rej ects Bu ye r 's offer. 558 T HIS IS INTENDED TO BE A LEGALLY B IN DING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 559 A N AT TORNEY PRIOR TO SIGNING . 560 T H IS FORM HAS BEEN APPROVED BY T HE FLORIDA REALTORS AND THE FLORIDA BAR . 561 Appro val of this fo rm by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and 562 condilions in th is Contract should be accepted by the parties in a particular transaction. Terms and conditions should be 563 negotiated based upon the respective interests, objectives and bargaining positions of all in terested persons. Buye r's In it ials Page 10 of 11 Se ller's In itia ls Florida Real':lrs/F loridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors ® an~6tbri da Bar. AU rights reserved ----------64 564 AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE 565 COMPLETED. 566 567 668' Buyer: Date: _______ _ 569 570 571 572 573' Buyer: Date: 574 -------- 575 576 577 578' Seller: Date: 579 -------- 580 581 582 ~:!' Seller: _____________________________ _ Date: _______ _ 585 Buyer's address for purposes of notice Seller's address for purposes of notice 58S' _________________ _ 587' _________________ _ 588' _________________ _ 589 590 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers entitled to 591 compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to 592 disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties 593 and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed 594 funds. This Contract shall not modify any MLS or other offer of compensation made by Seller or Listing Broker to 595 Cooperating Brokers. 59S 597' _________________ _ 598 Cooperating Sales Associate, If Any 599 SOO' _________________ _ S01 Cooperating Broker, If Any Listing Sales Associate Listing Broker Buyer's Initials Page 11 of 11 Seller's Initials FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved ----- 58 of 61 65 II l't"c's ho\\' IlIl' Flori!la E ll c r gyCa u gl' p rug r n lH w orks. Arter Ihe raling, yo u 'll get an easy-to-read form like th e one 011 the i nside page, The Rating Guide has a scale t h a i allows you to compare the speei lie home YOIL're look in £ at with the 1I10st enic ic nt and t he least effic ienl homes of the same size wi lh the sa me num- ber of bedrooms available in your part of the statc tod!lY. In addition to this ovc rall cstimatc of energy use and co mparisons. you get a detailed breakdown on the energy cos ts of the home's air conditio n ing. sp ace heat in g. water heating. refrigerator, c lothes dryer. cook i ng costs, li ghting, p oo l pumpi ng and other mis- cellaneolls equi pllH:nl. One of the keys to the s uccess of this program is the uniformity of rali ngs. made possihle hy th e lise of the EllergyGauge ~ sort- ware developed by Ihe Flo r id., Solar En ergy Cl.:nter. It has been s pecia ll y designed to let Raters input the key data on Ihe home and oblain accurate information for comparison purposes. A uniquc optim ization fea ture evcn leis Ib ters determine what energy-effic iency features can be added to the horne 10 maxi- mizc cost-sav in gs and co mfo rl -jmprovemcnt. So hll\\' can :1 hnml' e n l'rgy raring h e lp you redul:(' yo ur l'1Il'rg~' li se :11111 ~a\'l' mUII l')''! That's easy, Whi le the design and eo nSlru ction of your home and the efficienc y of it s appli- ances and equipment control Ihe m ost s ignifican l porti01l of its energy lise, occup:mt lilcslYIc will sti ll havc a big cffc ct on c.'\ac lly how much cnergy gels used . Your COJl1forl p refcrences and p e rson al habits -th e level at w h ich you set thc Ih crmost;ll. w hc thc r or nOI you turn off light s and fans whcn leaving a room, how mil c h natural vcn tilalion you li se, and othc r factors -wi ll all arleel your horne's aclual mont h ly energy usc. Flnr id :I's prn:;ra rn I'arall l'b 1I :I !jnnal :I cl i vj li c~. The Residential En ergy Services Network (R ESNET ) sets t he natio na l standard s for H ome Energy Rating Syste m s (I·I ERS). and Florida's sys- tem meels these s t andards. The Florida Bnilding Energy Rating Guide provides a H E RS Ind ex for the homc. Th is nationa l sco re e nable s homcs to qualify for national mortgage financing oplions requiring a !lERS Index. T his i ndex is co mputed in Hecordanee with na ti onal gu idelines. consider- ing the heating. coolin g. water hcating. lighling. appliance, ,lIut photovoll<l ic energy lISCS, llER S awa rd s stars to the ra ling. Te ll YU ill' Rcallol' {II' huildl'I' thai YfJU \\:1111 til gl't thc horn l' nlil'lI hl'fun' yo u hu y il. They I.:arl givc you (h e names of Raters in your area. Additiona l in format io n on Ihe pro- gram is available from the Energy Gauge Program Office at 321-638-1715. or vis it our Web sile a l www.florili :l erll'rgycc nl c r.org . II is important 10 nule Ihal only Flurida Sta t e Ce rtified Ralers arc allowed 10 perform ralings, These Ralers have undergone rigorous training programs and have passed Ihc RESNET Natio lllll Core exam and the required cll<rllenge eX'Hns. They arc a l so required to undergo continuing educat ion classes and addilional exams to keep t hei r cerlifications cu rrent. An on-going quali ty control prugram also watches over their Ralings and Iheir work. All th ei r Ratin gs arc s ubmitted 10 II eentru l registry Ihal checks them for accura cy and com p iles generi c building d ala. Eni'rgy Ibli n g,~ in Flurida The Fl orida Bui lding Energy-E ftic iency Rating Act (F lorid;! Statutc 553,990) was passed by lir e S tate Le gis lat ure in 199 3 "nd amended in 1994. 11 es tabli shed a volu nt ary sta tew idc enc rgy- cflicielley rali ll g syslem for homes. Tire Raling System has beell adopted by D CA Rule 9B-60. T hl' F ilir id a E nergy Gilugl' !'mgram F lnri d:I's Rtr il ding Encrgy natin!! SySlc lII FSEC·EB·I 1679 Clearl,lke Road Cocoa , Flor ida 32922-5703 J2 1-6 J:S-1715 Fax: 321-(,31'-10 10 E-Mail: info0Jencrgyg;mge.eoln Thinking About Buying a Home? Get An EnergyGauge ·Rating! C onsider the Benefits: s More H ome for Less Money s Imp roved MortgllgC Options s En han ced Indoor Co mforl s Supcrior En e rgy Efficiency s More Environmental Sus tainability s Tesled Quality Co n s lruclion s G reater Resal e Value 66 Cu n g nllllialio li s 011 y our d cl'i sion 10 pun.:h a .. c a h Olll c . r\S YOII k no w. there a rc a lut of I:Lc tors 10 c onsi de r b e rore s ig ning O il t he dnlled 1111 e. ll y n!)w, yo u've pn 1ha b ly c he cked out t he locatio n of the ho m e YOLI lik e th c bes t. Yo u k now how IlLll e h t he se ll er wa n ts, ho w man y be droo m s the re a re, whe lh- er your dini ng roOI11 tabl e w ill lit. w here yo u 'll park yo ur G Lf and lot s of other importa nt th in gs HUI \\':Iil , tl ll'n"~ ~till nrH' !lrUI'l' i lll]lurt a nt thill J.! y uu 1'l':LlI ,v tlll J.!ht to dn , Yo u woul dn 't b u y a I.:a r wllhoul a ~kill g how m a ny m ilcs-pc r-g aH o n II ge ls, wo uld you'! So w h y wo uld you evc n th ink o f h u y in g a ho u se witho u t knuw in g huw muc h Ih e pnwe r bill >; will bc'! T h ;II '~ w hy nn w IS Ih e pe r fcc t tllll e 10 go.:! an c u crgy- Gaug e rk1 ra ting on the h lll l>;e . Si n c e 11)94 , th e r e h a~ hl'en a volunta ry ~t a lewi d c e ne r gy-e ffic iency ra t in g syste m I'm ho m cs in Flo rida . and p roS p l'l.:tl vC ho m eow n ers J\I~t hke yllll a ll a ro u nd the >;Ia te arc gC ll ing the ir hU llI cs rated hefnrl.: they m;l ke the Ir p urc h ase . T here ;Ir c ~evcr;1 1 vc r y im p llrl;mt rea .. o n s why : s Erll'rl!Y rali n l!s l!i\'l' h u m eh u ye r's a markel- pl ace yard sti l'k th :rt nu'a ~un's tilt' h t'n e fil s ur e lH.!r 1-!y-e fti cie n ey irnpru ve lll e nt s . You get ~lc t a i k d c .. tima le s (If how Ill ll c h yo ur I.:nc rgy u~c Will eo s t. S Energy raliugs l!iVl' yo u cl ea r a nrl s ll ecifit infnrmatillll that le ts ~'nll c um pan' ~imilar hUllI es un theit' e n e r J.!Y II Sl', T wo h n m cs mi g ht lo ok ~i rn i1a1". b ul o ll e lIIa y be e ni e il.:nl and COIll- fiJrl a b lc mlt l th c ot he r a n e ne rgy-guzz lcr wi t h 11 ve ry ll neom fo rt a b le i nt erior . FORM F RBER,2006 Project e d R<lling B<l sed o n PI <l n s Fiel d Confir mati o n Required EHeClIv8 Oate Oell9n Ol lnndo. rL Energy Gaugll Any"lace M,a "". Fl 10\10 !A ';lm, ""Cred.l rMY OHU'INOO_I N TL_A RPT . FL C Z \ -New hOrne lax c,eo'l QUlllIt'ClIl,on e 'lIn'ple B UI LDI NG EN E RGY RATIN G GUIDE $941 Reference W 11= ~ I11I111 111 111 1111 111 11111 11111 1111111 111 11111 111 111111111111 1111111111 111111111 11 ... o MStu 43 .4 MBtu 56 MStu CO~I !3.~9 1 ~ 'Y Proros<ld j lOme S"~'''!JS -$2!l6 EnorgyG;"'!J" ()orrwll EIlor\lyC;tlU\lO Ocl",,11 S lal o wltj n PIICUS EI<l cIIl C Ralo $0063 IkW I, G tlS Ril llI' $0.662 fThurrn O ~ $1.~O/!lill LP G,,~ $1 .751<J ~1 This Home ma y Qua li fy for EPA's Energy S tar L abe l \ This Home Qualifie s for an En e r gy Efficienl Mortgage (EEM) CoolI",,1 $146 '1ea""l!~ $4 ~ ""'1'1 .",,1 $199 Ce 4 F"" FIll 523 t~~~EF~s'~==~~==================~ Otve,~ $7·1 lOQ'4><'II 1 $102 u-.t J $753 Pomp.j R.''Y'~~====,e,,,,~====================~ 1I~!"g ~ $54 ~IL ____________________ ~ HERS Ind ex ': 68 *****+ 'J01ES Robcf t CCf ti fie d Cl!tltllcd Rill e, 0 00 000 1.0. Nurnbc, Oale 1~ R..!"II " ... J. .. ,........-.,."" M ~ _ F.r-rw lb...., ,,"",,"-,'_,"<w_'o~,f""""""'9>"~ ,"f,"", R€:5IIEI .~"''Ii ov."""'."'....-.~ _".to'Opmor ............ ,...,'o F.""'VYI'; ........ !'ny ..... 00%00 Iftl~cr.wt.oo,,-. r:um.. n .14'9:':'05701 rJ7I)6J8·'491 """_Oll_~",'" 'T .... ...,..". w;u., '''''' '''''''' ''II'*'. U."""p""",," yl ~""''''"''' ~~h (PA ..... (""""1V 510< .101 ..... ".,...,' 'HEllS ._, caIoM""'", """"'~ ",ii, 2006 R(SN"[T ""''', .. " S .... ,"'")oJ 1 tll~"".n<~ """'" • 11.10 bJ", ~""'In" ..... -0) 101!l12 006 10 13 4 6 A I.1 Ene'!J\'GlIugo® 1 USRRLB v2.8 PaIJe 1/1 S M ay be mos t importan t of a tl , the natinnal lIo m e E n e r gy Haling S ystem (I'IER S) I nde x 0 11 the e n e l'J!Y l'a till J! c all I]ualify yo u for a numhe r of s p eci al lIlor tl,::lgl' prugrarns Ihat u ffe r lO We /' int e r e s t rates, luwcr clus ill j.! c o s t s, ami other h e n efi t s , M o re a nd more lende rs arc c lHllin g int o F lorid;1 wi th lTlone y- savin g pac kages f(J r bu ye rs o r I.:llcr gy-e fl 'ic ie llt homeS. Rcflll"e hu y in l! y nul' n e\'t hom t', hiI'(' a C c rtillell ElI l'I'I!Y It a t e r 10 do a ralilL ).!. Your h u ild er or Re allor c an he lp you fin d a Certifi e d Ra le r in your a re a . An e r t he ratin g , y ou'll get an c a sy-lo -und c rs t;m d En erg y G u ide tha t est imales how muc h it will co s t to pa y for e nergy uscd i n that ho m e : il wi ll a llo w YOIl to look al a n u mbe r o f .. c p ara lc areas nr e lll.:r g y us c t hrou g hu ut t he h uuse. Fur many ye;lrs . bu ye rs have had hOlll e i n ~p ce tor s look o ver a home he fo re lII il kin g. Ih e ir pll rc h a ~e, This is it g re a l wa y to fi nd out ahou t pote nl i a l hume pro b lclllS b d'u re you m a h your pllT c h a s e . S m a !"! home huy ers a round the co un lry arc no w a lso a s king fo r a home e ne rgy fat ing t\) loo k s pe cilk all y a l the e n e rgy-use rs i n ;1 hOlll e a nd d l.:te l'l mnc th ci r e flid e nc y . Bcc ause e nergy cos ts c an n ft l.:l1 eljual hOIL s e pay m e nt s . th e rel at ivel y s m a ll cosl o f a hu m e e neTgy rating e;m ea~ll y be ofTse t b y m a n y }ea rs o f lOWer cn crgy p a},lllents Yo u 're already famihar with th e m i ks-pe r- gall o n Sl lckcrs 0 11 new automohile s, and th c yel lo w En c rgy Gu id e la bels o n hOlll e applianecs. S ho ppe rs u sc till S in lixma t ioll to fig ure o ut ho w mu e h th a t car or app liance is reall y goi n g 10 eo s t th e m , T hi s informa t io n gives th e b uye r a good eS l ull a tc o f whal it will cost to operate Iha! c ar or usc Ih at appllancl.:, o\'er allli ahove the p ur- c ha se p rir.::e . 1\ c ar or product lh a t is c h e a pe r to buy c a n nlk n b e more expe ns i vc to o p c rate , s o thi s inf(HIII;ltinn Ci m he ve r y import,lII t tn a ssllT e that y ou m a ke t he b es l pu rc h a se d cc is ion . ................................................................................... 5i9~9i!~5~1 .................................................................................. 67 SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-4400 SW 60 Place END OF DOCUMENT RFP (or Sale and Purchase o( City Property 61 of 61 . , 68 · ' THF CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021·7849 SW 68 Avenue SUBMITTAL DUE DATE: April 21, 2021 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "City" or "CSM") through its Chief Executive Officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (which may also be referred to as an "Invitation for Proposals" or "Invitation to Bid") shall be a reference to this RFP unless otherwise specifically defined. All references to any action of, or decisions to be taken by, or to the delivery of documents to, the "City" shall mean that the action, decision or delivery is to be taken or made by, or delivered to, the City Manager, or the manager's written designee, unless the context in which the word "City" is used warrants a different meaning. If there is any conflict in the interpretation of the word "City', the meaning shall be resolved by the City Manager and the manager's decision shall be final and binding. The City is hereby requesting sealed proposals in response to this RFP #CSM2021·7849 SW 68 Avenue for Sale and Purchase of City Property, located at 7849 SW 68 Avenue, South Miami, FL 33143, as defined in the Background and Scope of Project of the Solicitation. The purpose of this Solicitation is to seek proposals for the purchase of the City's property. Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the follOWing webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Responses are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E·Bidding). To register as a business, go to https:llnetwork.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page follOWing this Solicitation Cover Letter. Responses must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on April 21, 2021 and any Response received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E·BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, April 21, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https:llzoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1- 786-635-1003 Meeting ID: 3056636339. 1 of 61 69 · ," The City reserves the right to award the Project to the person with the most responsive, responsible Response, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all Responses, and the right of the City to waive any irregularity in the Responses or Solicitation procedure. RFP for Sale and Purchase of City Property 2 of 61 Nkenga A. Payne, CMC City Clerk City of South Miami 70 DemandStar Registration and User Account Sign-in Directions The following is an example ofthe procedure on April 3, 2020 and it is subject to change after that date. Go to https:llnetwork.demandstar.com/ which on April 3, 2020 brings up the following message. I Dem andS tar is committed to helping all go vernment agencies source qualified suppliers for COVID-19 emergenc y response. Governments If you are a government ag ency who needs Ebidding capabili t y t o receive supplie r responses online, please fill o ut this form and we will get bac k to you immediately. Ebidding is offe red at no ch arge t o governments. Broadcast Bids on DemandStar Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar ne t work , pleas e click here to create your account and get notified of bidding opportunities. Create Your Account ~:~ DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper r ight-hand corner of this message and it will bring you to the following user sign in page . .:,:.~ DEMANDSTAR ,....",-= RFP (or Sale and Purchase of City Property 3 of 61 71 Q ., BACKGROUND AND SCOPE OF PROIECT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021·7849 SW 68 Avenue The real property and improvements subject of this RFP are more specifically depicted and described at EXHIBITS I, II, III IV, V "VI hereto. END OF SECTION RFP for Sale and Purchase of City Property 4of61 72 No I 2 3 4 5 8 • • SCHEDULE OF EVENTS SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021·7849 SW 68 Avenue TENTATIVE SCHEDULE Event Date* Advertisementl Distribution of Solicitation & Cone of Silence begins 3/12/2021 NONE Pre-RFP Meeting SCHEDULED Deadline to Submit Questions 4/9/2021 Deadline to City Responses to Questions 4/14/2021 Deadline to Submit RFP Response 4/21/2021 City Commission Final Decision 5/4/2021 Time* (EST) 10:00 AM 10:00 AM 10:00 AM 10:00 AM 7:00 PM The above schedule is subject to modification and if any dates specifically stated in this RFP are modified, the City will issue an Addendum. END OF SECTION RFP for Sale and Purchase of City Property 5 of 61 73 INSTRUCTIONS for RESPONDENT SALE AND PURCHASE OF THE CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL") REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION COVER LETTER. Proposals that are not received by the deadline will be returned, unopened, to the proposer, and shall not be considered by the City. I. Purpose of Solicitation. The City of South Miami is requesting proposals for the sale and purchase of the Property. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. and in accordance with the terms of this RFP. 2. Qualification of Proposing Person. Response submittals to this Solicitation will be considered. As part of its proposal. the proposer must demonstrate to the satisfaction of the City that it has the present ability to fully fund the purchase and will need to provide the City with proof of purchase money funds at the time of submission. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject any or all response submittals to this Solicitation where evidence submitted. or investigation and evaluation. indicates inability of a person to perform. 3. Deviations from Specifications. The proposing persons shall clearly indicate, as applicable. all areas in which the proposal does not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements and/or whether any deviation or irregularity may be accepted rests solely with the City. 4. Designated Contact. The awarded person shall appoint a person to act as a primary contact with the City of South Miami. This person or persons shall be readily available during normal work hours by phone. email. or in person. and shall be knowledgeable in all aspects of the contract. 5. Precedence of Conditions. The proposing person. by virtue of submitting a response. agrees that the terms of this Solicitation and applicable law will take precedence over any terms and conditions submitted with the response. either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence. with the one haVing the most precedence being at the top of the list and the remaining documents in descending order of precedence. In the event of any conflict in the Contract Documents. the order of precedence shall apply. unless clearly contrary to the specific terms of the Contract and/or this RFP: a) Contract b) Addenda to Solicitation c) Attachments/Exhibits to Solicitation d) Solicitation e) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted. but the City may allow the proposing person to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission. if all of the following are established: a) The proposing person acted in good faith in submitting the response; b) The error was not intentional or the result of gross negligence or willful inattention on the part of the person; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday. Sunday or a'iegal holiday) of the opening the proposals received. along with a request for permission to withdraw the person's Proposal; and d) The person submits an explanation in writing. signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not intentional or the result of gross negligence or willful inattention nor made in bad faith. RFP for Sale and Purchase of City Property 60f61 74 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10:00 AM, April 9, 2021 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (30S) 663-6346. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective persons via the City'S website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the reqUired date and time as set forth in the Solicitation. II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1 (Section 2-1 1.1, Miami-Dade Code of Ordinances). From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City'S professional staff, including the City Manager and his staff. All written communications must comply with the requirements of the Cone of Silence, the City'S Code of Ordinances and the City'S Administrative Orders. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting. public presentations made to the City Commission during any duly notice public meeting, or recorded contract negotiation sessions. In addition, you are required to comply with the City Manager's Administrative Order AO I-IS, unless there is a conflict, in which case this document and any future amendments or addenda thereto shall control. If a copy is not attached, please request a copy from the City's Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI- DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE IN THIS SOLICITATION. THEREFORE, WHERE THE COUNTY'S CONE OF SILENCE PROHIBITS VERBAL COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. The Cone of Silence shall not apply, if applicable, to: (I) Duly noticed site visits by City staff to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation. (2) Any emergency procurement of goods or services pursuant to the Miami-Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (4) Communications regarding a particular solicitation between the procurement agent or contracting officer, or their designated secretarial/clerical staff responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document. RFP for Sale and Purchase of City Property 7 of 61 75 12. Violation of the Cone of Silence provIsions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation for a period of one year thereafter, including but not limited to Solicitations that requests any of the following: a proposal; qualifications; a letter of interest or a bid concerning any contract for the provision of goods or services. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. During the period of time encompassed by the Cone of Silence, all persons and their agents who intend to submit, or who submitted, bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. 14. Reservation of Right. The City anticipates awarding one contract if an award of this RFP is made as a result of this Solicitation. The City, however. reserves the right, in its sole discretion, to do any of the follOWing: a) to reject any and all submitted Responses and to further define or limit the scope of the Project. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from Respondents as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the RFP, including exhibits and required information be completed and complete in all respects. e) to negotiate modifications to the Proposal that it deems acceptable, prOVided the modifications do not give a material or substantial advantage to the proposer. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project and the proposal that is submitted, and the Respondent. by making a Proposal, agrees to such modifications and to be bound by such modified documents that do not increase the cost of the Project to the Respondent. h) to cancel, in whole or part, this RFP when it is in the best interest of the City. i) to award the Project to the proposer with the highest price and that is the most responsive, responsible Proposal. as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who prOVided the highest Proposal Price. k) The right to reject all bids or the City to award the contract to someone other than the highest bidder based on ability to pay the contact price in the case of a Respondents bid to purchase the City asset without financing. The decision to reject a bid based on ability to pay is left to the city Manager's sole and absolution opinion and judgement. A Respondent who submits a proposal does so with the understanding and agreement the Respondent thereby waives any objection to the City Managers decision in this regard absent of fraud or collusion. 15. Contingent Fees Prohibited. The proposing person, by submitting a proposal. warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City. and that it has not paid or agreed to pay any person, company, corporation, individual or person other than a bona fide employee. contractor or sub-consultant, working in its employ, any fee. commission, percentage. gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public EntitY Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 follOWing a conviction for a public entity crime may not submit a Proposal on a contract to prOVide any goods or services, or a contract for construction or repair of a public building. may not submit proposals on leases of real property to or with the City of South Miami. may not be awarded a contract to perform work as a CONTRACTOR, sub-contractor. supplier, sub-consultant, or consultant under a contract RFP for Sale and Purchase of City Property 8of61 76 with the City of South Miami. and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall include the Proposal Form(s) furnished by the City and as required by this RFP. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten. or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: a) The Request for Proposals and Instructions to Respondents. b) A copy of all issued addenda. c) The completed fully executed Forms as required by this RFP. d) Proposal Security, (Bond, irrevocable letter of credit, or cashier's check). e) A Proposal cover letter signed by an authorized representative of Respondent, and setting forth the information necessary to fully evaluate the Proposal in accordance with the terms of this RFP. 18. Liability, Licenses & Permits: The successful Respondent shall assume the full duty. obligation. and expense of obtaining all necessary licenses. permits. and inspections required to perform what is being proposed, and required by this Solicitation and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profeSSion and applicable to the work to be performed as reqUired by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Security. 19. CORyrights and/or Patent Rights: Respondent warrants that as to the manufacturing. producing or selling of goods intended to be shipped or ordered, if any, by the Respondent pursuant to this Proposal. there has not been. nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 20. Execution of Contract: The City anticipates negotiation of a Sale and Purchase Contract ("Contract") with the top ranked person as set forth in this RFP. The Sale and Purchase Contract shall include terms and conditions that are customary for the sale and purchase of real property in Miami-Dade County, Florida, and it must be ultimately acceptable to the City Commission. Attached as Exhibit' are the mandatory minimum contractual criteria ("Minimum Contractual Criteria") providing for the Respondent's submission of certain minimum contractual terms that shall be clearly set forth as part of the Proposal. 21. Evaluation of ProRosals: The City, in its sole discretion, reserves the right to determine the applicability of this provision and to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of this RFP. In addition, the price, responsibility. responsibleness, and responsiveness of the Respondent's proposal, the financial position. experience, staffing. equipment. materials. references. and past history of service to the City and/or with other units of state, and/or local governments in Florida. or comparable private entities, will be taken into consideration in the award of the Contract. A non-responsive proposal is a proposal which does not conform in material respects to this solicitation. A non-responsible Proposer is one that does not successfully demonstrate the capability in any or all respects to fully perform the requirements set forth in the proposal, or that does not have the relevant experience, integrity and reliability which will assure good faith performance. Thus. for example. the City Manager may reject a proposal that has not substantiated and demonstrated the financial capability of a Proposer. City staff may also recommend the rejection of any Proposal that it determines to be non-responsive or non-responsible. 22. Drug Free WorkRlace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended. when requested shall be cause for rejection of the Proposal as determined by the City. RFP for Sale and Purchase of City Property 9 of 61 77 23. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by any unsuccessful Respondent that the Proposal Security, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent'S favor in any suit filed which concerns this proposal process and that absolves the Respondent of all liability to the City. 24. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award or termination of the Contract. 25. Proposal Security Requirements: The Proposer, when submitting the Proposal, shall include a Proposal Security, in the amount of 3% of the proposed purchase price, and in the form of a bank or cashier's check, irrevocable letter of credit or surety bond. The City reserves the right to reject a proposal if the form of Proposal Security does not satisfy the terms of this Solicitation. A company or personal check shall not be deemed a valid Proposal Security. 26. Proposal Guarantee: Notwithstanding the fact that the Proposer, in submitting a proposal, agrees to the terms contained in this Solicitation package, the successful Proposer, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Proposer's signature, and deliver to the City. The Proposer who has the Contract awarded to it and who fails to execute the Contract and furnish the required documentation, within the specified time shall, at the City's option, forfeit the Proposal Security that accompanied the Proposal, and the Proposal Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal Security, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents. If the City does not accept the Proposal Security, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. The City and successful Proposer may agree in writing, to apply the Proposal Security to the minimum initial deposit as referenced at Exhibit .. 27. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal received from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that results due to the Respondent's failure to make the necessary examinations or investigations, or in the Respondent'S failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The City intends to sell the Property "as is, where is" without any representations or warranties. Proposers are expected to perform any and all due diligence that may be necessary to formulating a proposal, and any such due diligence will be at proposer's sole expense. 28. Time of Completion: The time is of the essence with regard to the performance under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents. 29. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include all Signed and fully completed forms and Proposal Security reqUired herein. The Proposal cover letter shall be no more than 5 pages, and include all information required to enable the City to fully evaluate the Proposal, including information that relates to the Evaluation Criteria and Minimum Contractual Criteria. 30. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. RFP for Sale and Purchase of City Property 10 of 61 78 31. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 32. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the City are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. Note: At the City Managers sole discretion. this section may be waived. 33. Bid Protest Procedure. The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within ten calendar days of the advertisement of this RFP. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after the posting of the Selection Committee's ranking decision. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. In order to protest the ranking, a bidder must have standing in accordance with applicable Florida law. (b) Protest of solicitation. A protest of the solicitation or ranking for the award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City'S best interest which is one of the criteria for selecting a bidder whose offer may not be the highest bid price. RFP for Sale and Purchase of City Property 11 of 61 79 (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (f) Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. The failure to file a protest as set forth hereinabove shall be deemed a waiver of any rights to challenge the decisions of the City. 34. NON-APPROPRIATION OF FUNDS. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. 35. NO GUARANTEE. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). END OF SECTION RFP for Sale and Purchase of City Property 120f61 80 Proposal Submittal Checklist Form SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Ave nue T his checklist indicates the forms and documents requ ired [0 be submitted for this so li citation and to be presented by th e deadlin e set for wi thin the solicitation. Fu lfillm e nt of a ll so licita ti o n requirements li sted is mandatory for consideration of respo nse [0 the solicitation. Additiona l documents may be requ ire d and, if so, they wi ll be identified in an addendum [0 this Solici t ation. T he response shall include the fo ll owing items: X x x X X x x Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed_ The City will o nl y receive submitta ls on line and e lectronically through th e Demand Star Electronic Bid System (E-Bidding). To register as a bus iness, go to https:ll nctwork.demandstar.com/ The City. at its d iscreti on , may request hard copies of Responses received from a specific Respondent or a ll Respondents. Re spondents Cost and Technical Proposa l, Ex h ib it II Irrevocab le Letter of C redit, Ex hibit III Fl orida Relators/Florida Bar As~is Residential Contract, Exhibit VI Non-Collusion Affidavit Related Party Transaction Verification Form Presentation T eam D ecla r ation/Affidavit of Representation Submit this chec k li st a long with your proposal in dicating the completion and subm issio n of each requ ir ed forms and/o r documents. END OF SECTI ON RFP for Sale a n d Purchase of C ity Property 130f61 81 NON COLLUSION AFFIDAVIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue STATE OF FLORIDA COUNTY OF MIAMI-DADE _____________________ being first duly sworn, deposes and states that: (I) HeiSheJThey is/are the ______________________ _ (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: _____________ _ Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE RFP for Sale and Purchase of City Property 14 of 61 82 On this the day of , 20 __ • before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) _______________________ and whose name(s) is/are Subscribed to the within instrument. and he/she/they acknowledge that he/shelthey executed it. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. RFP for Sale and Purchase of City Property 15 of 61 83 RELATED PARTY TRANSACTION VERIFICATION FORM SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue ______________ • individually and on behalf of _____________ _ ("Firm") have Name of Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics. Section 8A-1 of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my knowledge. information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm. am(are) about to perform for, or to transact with, the City. and (2) neither I nor any employees, officers. directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission. i.e., a board or committee of the City. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le .• spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city. other than as follows: _ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le .• spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly. in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: ______________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees. appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City. to secure a special privilege. benefit, or exemption for ourselves. or others. We agree that we may not disclose or use information. not available to members of the general public. for our personal gain or benefit or for RFP for Sale and Purchase of City Property 16 of 61 84 the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\l 2.28. I 2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees. officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of a" Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: _____________ _ Print Name & Title: ______________ _ Date: ___________ ___ RFP for Sale and Purchase of City Property 17 of 61 85 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board. the code enforcement board and such other individuals. boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk. the city manager. department heads. the city attorney. and all assistants to the city clerk. city manager and city attorney. however titled. (6) The term "employeesll shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money. gift, favor. thing of value or financial benefit conferred. or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interestll shall refer to ownership. directly or indirectly. of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taXes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b )(2). (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, profeSSional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. RFP (or Sale and Purchase o( City Property 18 of 61 86 (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm. corporation. partnership or business entity in which that person or any member of the immediate family has a controlling financial interest. direct or indirect. with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally. no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the follOWing relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer. director. partner. of counsel. consultant, employee. fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the City commission shall not vote on or participate in any way in the matter. (E) Gifts. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan. travel. entertainment. hospitality. item or promise. or in any other form. without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift. or series of gifts from anyone person or entity. having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form reqUired by chapter I 12. Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation. firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest. and should the corporation. firm. partnership or business entity have substantial business commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency. then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official pOSition to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official pOSition. nor shall that person in fact ever disclose confidential information garnered or gained through an offiCial RFP for Sale and Purchase of City Property 19 of 61 87 position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of Violating any provision of this subsection shall be punished as prOVided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate, ruling, decision, opinion. rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly. for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. RFP for Sale and Purchase of City Property 200f61 88 (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I). (5) and (6) shall. for a period oftwo years after his or her city service or employment has ceased. lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding. application, Solicitation. RFQ. bid. request for ruling or other determination. contract, claim. controversy, charge. accusation. arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person. may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2. 3-2-99) Editor's note-Ord. No. 6-99-16S0, § I. adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively. and derived from Ord. No. 634. §§ I (I A-I). I (I A-2) adopted Jan. II. 1969. END OF SECTION RFP for Sale and Purchase of City Property 21 of 61 89 EXHIBIT I Mandatory Minimum Contractual Criteria for Negotiation of Contract SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue FROM OF CONTRACT TOTAL PURCHASE PRICE: FINANCING: INITIAL DEPOSIT DUE DILIGENCE PERIOD: TOTAL DEPOSIT: CLOSING: BROKERAGE FEES: AS IS PURCHASE: RFP (or Sale and Purchase o( City Property Florida Relators/Florida Bar As-is Residential Contract, Exhibit VI Proposer to provide highest and best offer. All sales must be approved by the City Commission. All cash offers; No financing contingency. 3% of proposed purchase price Sixty (60) days of Contract execution by Seller with right to extend Due Diligence Period an additional thirty (30) days upon payment of an additional 5% Deposit. Upon expiration of Due Diligence Period, an Additional Deposit of the sum of money necessary to bring the total Deposit equal to five percent (5%) of the Total Purchase Price, which Initial and Additional Deposit shall be a Total Deposit of five percent (5%) of the purchase price and shall be non- refundable and paid to City at the expiration of the Due Diligence Period. Closing on sale of Property will occur no earlier than 30 days but not later than 6 months follOWing the end of the Due Diligence Period, including any extension agreed to in writing by all parties. There shall be no brokerage fees in association with this transaction. The Property is being purchased by Proposer on an "as-is" "where is" basis without representation or warranty by the City. END OF SECTION 220f61 90 · .. EXHIBIT II RESPONDENTS COST AND TECHNICAL PROPOSAL SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue The Property subject of this RFP includes: 7849 SW 68 Avenue, South Miami, FL 33143 (Folio: # 09-4035-013-0942) MAXIMUM BID CASH OFFER FOR THE SUBJECT PROPERTY: $, ________ _ SUBMITTED THIS DAY OF __________ 20 __ . PROPOSAL SUBMITTED BY: Company/Respondent Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION RFP for Sale and Purchase of City Property 23 of 61 91 EXHIBIT III IRREVOCABLE LETTER OF CREDIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM10ll-7849 SW 68 Avenue IRREVOCABLE LETTER OF CREDIT NOTE: PROVIDED BY RESPONDENT END OF SECTION RFP for Sale and Purchase of City Property 24 of 61 . . 92 EXHIBIT IV Miami-Dade Property Appraisers Summary Report SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue Miami-Dade Property Appraisers Summary Report for Folio #09-4035-013-0942 7849 SW 68 Avenue, South Miami, FL 33143 END OF SECTION RFP for Sale and Purchase of City Property 25 of 61 93 ~ OFFICE OF THE PROPERTY APPRAISER Prop erty Inform a tion Fo li o: Prop erty Addr ess : Own er Maili n g Ad dress PA Pri m ary Zon e Prim ary Land U se Bed s I Ba l hs I Hatf Floors Livi ng Units Actual Are a Uvi ng Are a Adj u sted A rea Lo t Size Summary Report 09-4035.{)13-Q94 2 C ITY O F SOUTH M I AM I 6 130 SUNSET DR M IAM I, FL 33143-5040 0800 S GL FAMILY -170 1-1900 sa 8 0 80 VAC A N T GOV ERNMENTA L : VACANT LAND -GOV ERNMENTAL 0/0/0 o o o Sq .Ft o S q.Ft o Sq .Ft 449 Sq .F t y~.u Bui ll o Ta xab le V;tlllf~ Info rmation Assessm e nt I nformati on County Year 2020 2019 2018 Exem ption Value L an d Va lu e $16 ,164 $13,02 1 $13 ,02 1 Taxa ble Val ue Bu ild in!) Valu e SO $0 SO Scho ol Boa rd XF Val ue $0 $0 SO Exem ption Value Ma ricet Value $16,164 $13,021 S13,021 Taxable Value A ss esse d Value $71 8 S653 $594 City Exe mpt io n Va lu e Ben efi ts Inform at ion Taxabl e Value Benern. Type 2020 2019 2018 Regional No n-Ho m estea d Ca p Assessment Red uction $15,446 $12 ,368 $12 ,4 27 Exem ptio n Va lu e Mu nicipa l Exe mption 5718 $653 $594 Taxa bl e Va lue No te: Not all b en efi ts are a pp lica bl e to all Ta xable Va lues (Le. County, Sc hoo l Boa rd , City, R egio nal). Sa l es Informatio n Short L e g al D esc r ipt ion WE ST LJ.RKIN PA RK PB 12-4 9 N6FT OF W74 .97FT OF L OT C LOT SIZE S ITE VALUE OR 2 119'1-1763 04 03 3 Previous Sale $718 $0 $1 6 ,164 SO $718 SO $718 $0 OR Book-Page Generated On : 3/8/202 1 2 0 18 $653 $594 SO $0 $13,021 $13,021 SO $0 $6 53 $594 $0 SO $653 $594 SO $0 Qua lifi cat ion Descrip tio n The Office ¢f the Property Appra iser Is continually edi ti ng and upda ti ng the ta x roll. Th is we bs ite may no t refl ect the mos t oorre nt infonn ation on record . The Pro perty Appra is er and Miarri-Dade County ass umes no ria blfity. see fun di scl ai me r and Use r Agree ment al htl p:llwww.m ia midade .govli nfoldiscla imer.a sp Version: 26 of 61 94 · .. EXHIBIT V Land Appraisers Report SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue Land Appraisers Report For 7849 SW 68 Avenue, South Miami, FL 33 143 Prepared by Penser Appraisals END OF SECTION RFP for Sale and Purchase of City Property 27 of 61 95 PENSER APPRAISALS REAL ESTATE APPRAISERS AND CONS ULT ANTS APPRAISAL OF VACANT LAND LOCATED AT: 7849 SW 68th AVENUE (APPRO X.) SOUT H MIAMI , FL 33143 FOR : PRIVATE BORROWER: N/A ASOF: February 9, 202 1 BY: lUIS ALB ERTO PENAGOS CERT RES RD4729 16559 SW 61 LANE , MIAM I, FL 33193 (30 5)388·0270· (305) 388 -0495 280r61 , FileNo 05016526 96 USPAP COMPUANCE ADDENDUM File No 05016526 APPRAISER'S CERTIFICATION: The following Certificalion statements are in addition to and may supercede the signed Appraiser's Certification allached to this appraisal report This Appraiser's Certification is compliant with the current edition of the Uniform Standards of Professional Appraisal Practice I certify that. to the best of my knowledge and belief The statements of fact contained in this report arc true and correct The reported analyses. opinions. and conclusions are limited only by the reported assumptions and limiting condilions and are my personal. impartial. and unbiased professional analyses. opinions. and conclusions I have no present or prospective interest in the property that is the sUbject of this report and no personal Interest with respect to the parties Involved. I have no bias with respect to the property that is the subject of this report or to the parties invoved with this assignment My engagement in this assignment was not contingent upon developing or reporting predetermined results My compensallon for complellng this assignement Is not r.ontingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client the amount of the value opinion. the allainment of a stipulated result. or the occurrence of a subsequent event directly related to the intended usc of this appraisal My analyses. opinions. and conclusions were developed. and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. t [i) have 0 have not made a personal inspection of the property that is the subject of this report. (If more than one person signs this certification. the certification must clearly specify which Individuals did and which individuals did not make a personal inspection of the appraised property) No one provided significant real property appraisal assistance to the person signing thiS certification. (If there arc exceptions. the name of each individual providing significant real property appraisal assistance must be stated) PURPOSE, INTENDED USE, AND INTENDED USER OF THE APPRAISAL: The purpose of the appraisal is to estimate the market value of the subject property. as defined in this report as of the effective date of this report The intended use of the appraisal is to assist the client and any other intended users in the underwriting. approval. and funding of the mortgage loan The intended users of this report are the stated client and any other institulions involved in the underwriting approval. and funding of the mortgage loan No one else. including the purchaser and seller. should rely on the estimate of value or any other conclUSions contained in this appraisal report ANALYSIS AND REPORT FORM: The appraisal is based on the information gathered by the appraiser from public records. other identified sources. inspection of the subject property and neighborhood. and selection of comparable sales. listings. and/or rentals within the subject market af(~a. The original source of the comparable data described in the Data Source section of the market grid along with the source of confirmation provided. where available. the original source is presented first. The sources and data are considered reliable When conflicting information was provided. source deemed most reliable has been used. Data believed to be unreliable was not included in the report or used as a baSIS for the value conclusion. The extent of the analysis to this assignment is stated in the Appraiser's Certification Ineluded above and attached to this report DEFINITION OF INSPECTION: The term "Inspection-. as used in thiS report. is not the same level of inspection that is reqUired for a "ProfeSSional Home Inspection-The appraiser does not fully inspect the electrical system. plumbing systems. mechanical systems. foundation system. floor structure. or subfloor The appraiser is not an expert in construction materials and the purpose of the appraisal is to make an economic evaluation of the subject property If the client needs a more detailed inspection of the property. a home inspection. by a ProfeSSional Home Inspector. is suggested DIGITAL SIGNATURES: The signature(s) affixed to this report. and certification. were applied by the original appraiser(s) or supervisory appraiser and represent their acknowledgements of the facts. opinions and conclusions found in the report Each appraiser(s) applied his or her signature electronically using a password encrypted method. Hence these Signatures have more safeguards and carry the same validity as the individual's hand applied Signature If the report has a hand-applied signature. this comment docs not apply OPINION OF MARKET VALUE VS ESTIMATE OF MARKET VALUE: The current Uniform Standards of Professional Appraisal Practice defines the market value conclusion as an opinion of market value and no! an estimate of market value THREE YEAR SALES HISTORY FOR THE SUBJECT PROPERTY: The appraiser has complied with Standards Rule '-5b and 2·2b (ix) reqUiring the appraiser to analyze and report all sales of the subject property that occurred Within the three (3) years prior to the effective date of the appraisal. If this information was available to the appraiser(s) il is reported in the subject column of Sales Comparison Analysis section of Ihe appraisal report EXPOSURE PERIOD: By studying the sales of Similar comparable reSidential properties wilh value ranges as identified In Ihe Neighborhood section of this report and discussions with individuals knowledgeable of current neighborhood trends in the subject area. the appraiser feels that the exposure lime for the subject property is equal to the Indicated Marketing Time identified in the Neighborhood section of this appraisal report SUPERVISORY APPRAISER: Name LUIS ACBERTO PAG6s Name o Did 0 Did Not Inspect Property Date Report Signed 02118/2021 Date RepOft Signed State Certificallon # CERT RES RD4729 State FL State Cerlificallon , State Or State license # State Or State license I State 97 PENSER APPRAISALS USPAP.COMPLIANT REPORT IDENTIFICATION Case No File No 05016526 Borrower I Client N/A Address 7849 SW 68th AVENUE lAPPROX.} City SOUTH MIAMI County MIAMI-DADE State FL Zip Code 33143 Lender I Client PRIVATE This Appraisal conforms to one of the following definitions: Cil Complete Appraisal The act or process of estimating value. or an estimate of value. performed without invoking the Departure Provision o limited Appraisal The act or process of estimating value. or an estimate of value. performed under and resulting from invoking the Departure Provision. This Report is one of the following types: o Self Contained Report A written report prepared under Standards Rule 2-2(A) of a complete or limited appraisal performed under Standard 1. 00 Summary Report A written report prepared under Standards Rule 2-2(8) of a complete or limited appraisal performed under Standard 1. o Restricted Report A written report prepared under Standards Rule 2-2(C) of a complete or limited appraisal performed under Standard 1. Comments on Appraisal and Report Identification Note any departures from Standards Rules 1-2. 1-3. 1-4. plus any USPAP-related issues requiring disclosure: .. 98 PENSER APPRAISALS LAND APPRAISAL REPORT Propefty Address 7849 SW 68th AVENUE (APPROX.) Census Tract 0076.04 City SOUTH MIAMI County MIAMI-DADE State FL lip Code 33143 Leoal Description See Attached Addendum. Owner/Occupant CITY OF SOUTH MIAMI 'loa Reference 54-40-24 .. Sale Price S N/A Date or Sale N/A Property Rights Appraised Loan charoes/concessions to be paid bv seller S N/A 00 Fee Simple R E. Taxes S 0.00 Tax Year 2020 HOA SIMo. N/A 0 Leashol[J Lender/Client PRIVATE IR Condominium (HUONA) PUD File No 05016526 LENDER DISCRETIONARY USE Sale Price S Date Mortgage Amount S Mortgage Type Discollnl Points and other Concessions Paid by Seller S Source LOCATION DUrban ~ Suburban L Rural NEIGHBORHOOD ANALYSIS 1M Lood A'g Pocr BUILT UP 00 Over 75% 0,5.75% o Under 75% l mployment Stability 00000 GROWTH RATE o Rapid 00 Stable o Slow Convenience to Employment 00000 PROPERTY VALUES 00 Increasing o Stable o Decllmng Convenience to Shopping 00000 DEMAND/SUPPLY o Shortage 00 In Balance o Over Supply Convenience 10 Schools 00000 MARKETING TIME Fi Under 3 Mos (Xi HMos o Over 6 Mos Adequacy of PUblic Transportatio~ 00000 : PRESENT LAND USE % LAND USE CHANGE PREDOMINANT StG.EF/lMLYHOlISfolG Recreallon r acillties 00000 • Single Family ~ Not likely 00 OCCUPANCY PRICE AGE Adequacy or r aciblies 00000 ~ 2-4 Family ~ Likely 0 Owner 00 S(OOO) (yrs) Property Compatlbiity 00000 .. Multl-F amlly ~ In plocess 0 Tenant 0 ~LOW~ Protection from Detrlmcnlal Cond 00000 Commercial ~ To Vacant (0·5%) 00 ~Hlgh~ Police to Fire Prolection 00000 Industrial ODA Vacant (over 5%) 0 Predominant General Appearance Of Properties ~BBR Vacant 1DIc 600 67 Appeal to Market Note Race or the racial composition of the neighborhood are not conSidered reliable appraisal factors COMMENTS THE SUBJECT IS LOCATED IN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD CONSISTING OF SINGLE FAMILY HOMES. NO FACTORS WERE OBSERVED WHICH MAY ADVERSELY AFFECT MARKETABILITY. SCHOOLS SHOPPING PLACES OF WORSHIP MEDICAL FACILITIES AND PUBLIC TRANSPORTATION ARE IN CLOSE PROXIMITY. Dimensions NOT RECORDED IN TAX ROLLS Topography LEVEL Site Area 449 Sg.FlIT AX RECORDS Comer Lot NO (SIZE NOT RECD.) Size TYPICAL FOR AREA ZOning ClaSSification 8080 -VACANT GOVERNMENTAL: V.L. Zonmg Compliance LEGAL Shape RECTANGULAR HIGHEST & BEST USE: Present Use RESIDENTIAL Othel Use VACANT LAND Drainage APPEARS ADEQUATE UTILITIES Public Other SITE IMPROVEMENTS 1 ype Public Private View TYPICAL Electriclty 00 Street ASPHALT 00 0 Landscapmg TYPICAL Gas 0 Curb,Gut1er NONE 0 0 Driveway NONE Water 00 Sidewalk NONE 0 0 Apparent Easements NONE Samtary Sewer ~ Streetlights NONE _8 B FEMA Flood Hazard Yes' ---No X Storm SeVier Allev NONE rEMA· Map/Zolle X Comments (Apparent adverse easements, encroachments, special assessments, slide areas etc) NO APPARENT ADVERSE EASEMENTS ENCROACHMENTS OR OTHER ADVERSE CONDITIONS OBSERVED. ll"lf" 'Jncen .. ,.:;,rc "a~ 'e~ ~td 7h'ce 't(e,' ~alf:~ o~ ~'OOf':I~:) M.:'S: SIT 131 3rj ~·Cl.,r1J:t 10 HtIC: ail: ''"~ ..:o.,~ de-itO '"l£~l ~ :''It ~3, .. e: ar.dysl:) it1( jU':'I~:lcn Ir,(Il.Cf~ :; :lelia' adJu~Ir"'I('nr, rd"'lt'rl~ rr.H"'t'l rl'.nrlun Ie 1t~I:'(' III'm, nf 11(.,,'1 \'.H"j~ld' tH~lw! ('f') !I'~' 'Jl'J!IL ~ ,1( oj [u"',o.~' .. q;j, t.'tJt.t"I'I·~ !' !t \1~fli'I' .!rtll!·"" tr , ... , ',1 ..,~..r<il:k "r(,~j"') ''\ "'LPI"(]f tc O' '-Cf[' '3JO'301e ~1"3n tt-e SJCltct t·c~e·t~ .1 """J~ aC,l:~~M"~'" I~ r--adf ~r-.. ~ "e:jJ(,no 'r,e n~':..;1fd \~IJe ~~ 'J,l,;t,f':' • ~ S :1'1' ~ar' .~en .r-tt,E: :c:-ti"3tle I~ ."ft"'O· ·c or Ir\~ la\'orablr' !h:tr 1h~ \UOJCCi plOPl'!rty J plll\ (0) .1dJu\trrcr,1 ~ m;'lCr tr"l,,\ ,r.C'f'.l\lrg !!'H' njlCalrC ''':1h.H' ;:1 rnf' \UbJfr.:1 ITEM SUBJECT COMPARABLE NO 1 COMPARABLE NO 2 COMPARABLE NO.3 7849 SW 68th AVEI 5341 SW 67th AVENUE 6721 SW 62nd COURT 6747 SW 78th TERRACE Address SOUTH MIAMI FL SOUTH MIAMI FL 33155 SOUTH MIAMI FL 33143 SOUTH MIAMI FL 33143 Proxlmitv to Sublect 1.60 miles NE 0.92 miles NE 0.06 miles NE Sales Price S N/A S 399000 S 325000 S 430.000 Price/ PER S.F. S N/Am s 39.34m s 30.41 m S 34.40m Data Source RQSTIT.R. REALQUEST/MLSITAX REC. REALQUEST/MLSITAX REC. REALQUESTIMLSITAX REC. VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION I .. ·I~ Ar .<1,".,..' DESCRIPTION I .'.I~ A1 ,<InN" DESCRIPTION I .I·'S ~~J<'''''~' ~ Sales or Finan:ing CASH CASH CASH § Concessions NONE NONE NONE Dale of Salemme N/A CLSD 01/15/21 : CLSD 12/11/20 : CLSD 08/25/20 : ;; Location SUBURBAN SUBURBAN SUBURBAN SUBURBAN SiteMew 449 Sa.Ft. 10,141 Sa.Ft : -381000 10,686 Sq.Fl : -311000 12.500 Sa.Ft. : -414000 UTILIT. TO SITE FPL FPL : FPL : FPL : ZONING RS-4IS.F.-GEN: RS-4IS.F.-GEN.\ ' RS-4 (S.F.-GEN.) , RS-4IS.F.-GENJ • OTHER NONE NONE : NONE : NONE : MLS NONE MLS#A 10943328 : MLS#A 10606573 : MLS#A 10820891 : Net Adr (total) I [ J + [X]. '$ 381000 Il J. [xJ, 'S 311 000 If 1. 00· 's 414.000 Indicated Value Gross: 95'~1 Gross: 95'~1 Gross: 96'~1 of Subject Net: -95.5 S 18000 Nel: -95.7 S 14000 Net -96.3 S 16,000 Comments of Sales Comparison SUBJECT PROPERTY FOLIO NUMBER: 09-4035-013-0942. SEE ADDENDUM. Comments and Conditions of Appraisal THIS APPRAISAL IS INTENTED FOR VALUATION PURPOSES.THIS REPORT IS NOT INTENTED FOR ANY OTHER USE. FlOal Reconciliation. FINAL RELIANCE IS PLACED UPON THE MARKET APPROACH TO VALUE BECAUSE OF THE RELIABILITY OF • AVAILABLE MARKET DATA. I (WE) ESTIMATE THE MARKET VALUE. AS DEFINED. OF THE SUBJECT PROPERTY AS OF February 91 2021 tobeS 16.000 • I (We) certify: that to the best of my (our) knowledge and belief the facts and data used herein are true and correct that I (we) personally inspected the subject property . ,,' ,,,,,,te' ,II r'~~'~Eh" <eO"" ,,' Ih" '(w')"'''"" ""';,,',,"" ",",,.,-~""',, "''''"'',, ,h",;, Appraiser(s) --4~ J:: 1..-" ~ ReView Apprals('r o Did o Did No: LUIS-ALBERT01iENAGOS (if applicable) In~pect Property p,q;ttlrvl~FO'M04''8<CERT RES RD4729 99 ADDENDUM File No.: 05016526 Borrower: nJa Case No.: Property Address: 7849 SW 68th AVENUE (APPROX.\ State: FL Zip: 33143 City: SOUTH MIAMI Lender: PRNATE Legal Description 3554 40.18 ACWEST LARKIN PARK PB 12-49LOT C LESS E181.75FT & LESS N6FTOF W74.97FTOR 19047-3702 03 2000 1COC 26407-2977 05 20081 Comments on Sales Comparison NOTES TO READER -Reconciliation of .sales Approach to Value Emphasis was given to all the sales when arriving at the subject's final market value estimate. All the comparable sales were arranged in the market grid in order of relevance taking into consideration proximity and date of sale. The appraiser has made an extensive search of the subject neighborhood and nearby neighborhoods in order to select the best comparable sales available. The search criteria utilized In this report to find the com parables being presented was: 1) To find comparables that sold within the previous 6 months from the effective date of the appraisal report, 2) To find comparables that were located within the mile from the subject property, 3) To find comparables most comparable to the subject property considering factors of location, size, age, condition, style and features, 4) To find comparables that were located within the subject's neighborhood boundaries. All the comparable sales being utilized in this appraisal were all located within the subject's neighborhood boundaries. All the sales presented in the appraisal report are considered to be excellent indicators of the subject's current market value estimate. This is based on the appraiser's judgement that these sales are among the most comparable to the subject property considering factors of location, size, age, condition, style and features. The final opinion of value was reconciled by the final arithmetic mean of the final adjusted sales prices of the 3 closed sales presented in the appraisal report. -The subject's area consist of a wide range of properties types, varying In size, quality, condition and price.The range of property values is typical of the area and marketability on all the value ranges is average. Therefore, any deviation from the predominant value should have no effect on marketability and/or market value. -The subject is located in an established residential neighborhood consisting of single family homes. It is located in the city of South Miami in Miami-Dade county. Schools and family amenities are in close proximity with shopping available along the major arteries. CONDITIONS OF APPRAISAL A digital signature has been applied to this report by the appraiser. I certify that this is a true and original signature. This and all reports that are issued via Electronic Data Exchange are released in a "Locked" or "Read Only" mode. As such, the appraiser is the sole individual who can amend or change this report. SUPPLEMENTAL ADDENDUM PURPOSE OF APPRAISAL The purpose of this report is to estimate the market value of the subject property as of the date indicated. The subject is appraised on the basis of conventional financing, unaffected by any special financing, fees, costs or credits. SCOPE OF THE APPRAISAL The "scope of the appraisal" means the extent of the process of collecting, confirming and reporting data pertinent to the formation of a market value estimate for the subject property. The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales within the subject market area. The original source of the comparables are shown in the Data Source section of the market grid, along with sources of confirmation, if available. When conflicting information was provided, the source deemed most reliable was used. Data believed unreliable was not included in the report, nor used as a basis for the value conclusion. All of the relevant aspects of Adderd.m Page 1 of 3 32 of 61 100 ADDENDUM Borrower: nIa File No.: 05016526 Property Address: 7849 SW 68th AVENUE (APPROX.) Case No.: City: SOUTH MIAMI State: FL ZiP: 33143 Lender: PRIVATE the verified data relied upon, as known to the appraiser, is reported within this report. Descriptive factors and a discussion of the data are included within the appropriate sections of this report. HIGHEST AND BEST USE Highest and Best Use. The reasonable probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. Highest and best use of land or site as though vacant. The use of a property based on the assumption that a parcel of land is vacant or can be made vacant through demolition of any improvements. Highest and best use of property as improved. The use that should be made of a property as it exists. The opinion of Highest and Best indicated in this report takes into account these factors and the nature of the subject property as it compares with the surrounding neighborhood. CONDITION OF COMPONENTS The appraisal calls for opinions of condition on certain components of the subject improvements including, but not limited to; appliances, heating/cooling, surfaces, electrical, mechanical, roof, and plumbing systems. The conditions indicated in this report are based on observations made at the time of inspection. They rely on reasonable expectations as to adequacy as well as visual indications; and are based upon neighborhood standards. The observations do not constitute certifications; and if certification is required a legally qualified consultant should be retained. ZONING AND BUILDING COMPLIANCE The opinion of zoning compliance expressed in this report is based on inspection of the property, and generally available information with respect to the assigned zoning claSSification, and does not represent a certification of compliance. This report also assumes that the property as inspected was built in compliance with all applicable codes, regulations and that all necessary permits were obtained. ENVIRONMENTAL Unless otherwise stated in this report, the existence of hazardous material, storage items, containers, or material that are not intended for normal and average consumer usage around the home, which mayor may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. FLOOD ZONE The flood zone indicated on this report was obtained from flood insurance rate maps (firm), issued by the federal emergency management agency (FEMA). The zone indicated in the yes/no space on the first page of this report refers to whether or not the subject property lies in a FEMA or HUD defined flood hazard area. It does not refer to flood insurance requirements, which are set by policy of lenders and participants in the mortgage markets. Occasionally, a property will be located on or near a flood zone boundary line making it difficult to determine the exact zone, given the limited detail of the firm maps. In these instances the most hazardous zone will be indicated on the report. Final verification of the zone should be made by engineering survey. PERSONAL PROPERTY Personal property, including those items which are not permanently attached/affixed to the real Adden<iJm Page 2cJ3 330f61 101 ADDENDUM Borrower: nIa File No.: 05016526 Property Address: 7849 SW 68th AVENUE (APPROX.l Case No.: City: SOUTH MIAMI . State: FL Zip: 33143 Lender: PRNATE property, have not been included in the estimate of value unless otherwise indicated. Examples of the aforementioned include above ground pools, counter top microwaves ovens, moveable dishwashers, furniture, etc. SUBJECT SKETCH The appraiser is not a surveyor; therefore the dimensions are approximate and the diagram is for visual aid only. SQUARE FOOTAGE -COMPARABLE SALES The appraiser uses actual living area in the market analysis for the subject and the comparable sale properties. The living area utilized for the comparable sales has been obtained from the Public RecordslTax Rolls and may have been further modified by the field appraiser's observation of the actual improvements. The living area of the comparable sales has been estimated to the best of the appraiser's observations and information obtainable. However, the appraiser has not measured the sale properties or had benefit of surveys, unless otherwise noted. TAXES/LEGAL DESCRIPTION This information has been derived through public record sources/tax rolls as provided by F.A.R.E.S. to our office. COST APPROACH The replacement costs utilized within this appraisal are obtained from the "Marshall & Swift Cost Handbook" and rounded. The appropriate cost adjustments were made for size and style of the improvements. These cost figures are frequently compared to actual construction costs supplied by local builders. The site value was based upon recent sales of comparable sites in the Subject's general neighborhood or competing neighborhoods. If no land sales were available, the site value was abstracted from improved sales from within the Subject's immediate area. If the subject property is a condominium unit, the cost approach is not considered appropriate and therefore was not utilized in this report. MARKET APPROACH The adjustments for sales/financing concessions are not necessarily the stated value of the concessions, but rather the market-indicated impact of such concessions. Whenever possible, financial considerations have been verified by buyer, seller or sales agent. It is the appraiser's opinion that the comparable sales utilized are the most reflective of the market for the Subject property. INCOME APPROACH The Income Approach is premised on capitalizing a net operating income from a property to arrive at an indicated value. Residential property is typically purchased for its intangible assets, and not for the purposes of generating income. Furthermore, the lack of reliable rental data makes this approach too weak to utilize. Addenc:Un Page 3 r:J 3 34 of61 102 File No. 05016526 DEFINITION OF MARKET VALUE: The most probable price which a properly should bring in a competitive and open market under all conditions requisHe to a fair sale. the buyer and seller. each acling prudently. knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a speciHed date and the passing of IiIle from seller to buyer under condilions whereby: (1) buyer and seller are typically motivated: (2) both parties are well informed or well adVised. and each acting in what he considers his own best interest: (3) a reasonable time is allowed lor exposure in the open market; (4) payment is made in terms 01 cash in U.S. dollars or in terms of lin an cia I arrangements comparable thereto: and (5) the price represents the normal consideralion for the property sold unarrected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a resull 01 tradition or law in a market area: these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative rJnancing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markel's reaction to the financing or concessions based on the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subjecllo the following conditions: 1. The appraiser will not be responsible for mailers 01 a legal nalure that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and. therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership 2. The appraiser has provided iI sketch in the appraisal report to show approximale dimensions of the improvements and the sketch is included only to assist the reader 01 the report in visualizing the properly and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees. express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question. unless specific arrangements to do so have been made beforehand 5. The appraiser has estimated the value of the land in the cost approach at its highest and best usc and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid il they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs. depreciation, the presence of hazardous wastes. toxic substances, etc. ) observed during the inspeclion of Ihe subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise staled in the appraisal report. the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, elc. ) that would make the property morc or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties. express or implied. regarding the condition of the property The appraiscr will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exisl. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal reporlfrom sources that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility lor the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion. repairs, or alterations on the assumption that completion of the improvements will be performed in iI workmanlike manner. 10. The appraiser must provide his or her prior wrillen consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property valUe. the appraiser's idenlily and professional deSignations. and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower' the mortgagee or its successors and assigns: the mortgage insurer: consultants: professional appraisal organizations· any state or federally approved financial institution: or any department. agency. or instrumentality of the United States or any state or the District of Columbia' except that the lender/client may distribute the property description section of the report only to data collection or reporling service(s) without having to obtain the appraiser's prior written consent The appraiser's wrillen consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising. public relations. news, sales. or other media. Vacant land Page 1 of 2 35 of 61 103 File No. 05016526 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the sUbject market area and have selected a minimum of three recent sales of properties most similar and proximate to the sUbject property for consideration In the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction 10 those items of significant variation. If a significant item in a comparable property is superior to . or more favorable than. the subject property. I have made a negative adjustment to reduce the adjusted sales price of the comparable and. if a significant item in a comparable property is inferior to. or less favorable than the subject property. I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. t have laken into conslderallon the factors that have an impact on value in my development of Ihe estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe. to the best of my knowledge. that all statements and information in the appraisal report are true and correc\. 3. I stated in the appraisal report only my own personal. unbiased. and professional analysis. opinions. and conclusions. which are subject only to the contingent and limiting Conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the partiCipants in the transaction. I did not base. either partially or completely. my analysis and/or the estimate of market value in the appraisal report on the race. color. religion. sex. handicap. familial status. or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest In the subject property. and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party. the amount of the value estimate. the attainment of a specific result. or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation. a specific valuation. or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In place as of the effective date of this appraisal. with the exception of the departure prOVision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable lime for exposure In the open market is a condition in the definition of market value and the estimate I developed is consistent with the markeling time noted in the neighborhood section of this report. unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the subject property and the exterior of all properties listed as compara bles in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements. on the subject site. or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about Ihe real estate that were set forth in the appraisal report If I relied on significant professional assistance from any individual or individuals in Ihe performance of the appraisal or the preparation of the appraisal report. I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform Ihe tasks. I have not authorized anyone to make a change 10 any item in the report: therefore. if an unauthorized change is made to the appraisal report. I will take no responsibilily for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser Signed the appraisal report. he or she certifies and agrees that: I dlreclly supervise the appraiser who prepared the appraisal reporl. have reviewed the appraisal report. agree with the statements and conclusions of Ihe appraiser. agree to be bound by the appraiser's certifications numbered 4 through 7 above. and am taking full responsibility for Ihe appraisal and the appraisal report ADDRESS OF PROPERTY APPRAISED: 7849 SW 68th AVENUE (APPROX.), SOUTH MIAMI, FL, 33143 APPRAISER: Signature, l$-t-+"':;:>~J Name: LUIS ALBERTO ~ Date Signed: 0=.:21::.1.:.;:8::.12:,:0:,:2:.:.1 ___________ _ Slate Certification #: CERT RES RD4729 or Slate License II: _______________ _ State: .:..:FL=--________________ _ Expiration Date of Certificalion or License: .:..11.!!I3=O''-=2:::.022=-____ _ CERT RES RD4729 SUPERVISORY APPRAISER (only if required) Signature: _________________ _ Name: Date Signed: State Certification II: or State License #: State: --------------- Expiration Dale of Certification or License: o Did 0 Did Not Inspect Property Vacant Land Page 2 of 2 360f61 104 LOCATION MAP Borrower : n/a Fil e No.: 05016526 Pro perl y Add res s· 7849 SW 68th AVENU E (APPRQX.) Cily : SOUTH MIAM I St ate : FL Case No l iD: 33143 Le nder: PRIVATE Ited Fores t ' @) Cor.lWu1 Co r a l Terrace AO(Ooug) Barn es Park @OJ LUDLAM ~ C omparable Sa l e 1 i 5341 SW 6 71hAVENUE ~ SOUTH MIAMI , FL 33155 III 1.60 mile s NE CORAL GABLES SECTION COUNTRY CLUB SECTION Tropical Park (§) ...... Gle Sub ject He l 7849 SVV 6 8th AVENUE (A PPROX) SOUT H MIAMI, FL 3 314 3 18thSt DADELAND sw 10411\5\ MillefOr universi t y of Miami 9 ~ .... J"~ ...,<J RIVI H~Rd Comparable Sa le 2 6721 SW 62ndCOURT SOUTH "'UNfit, FL 331 43 092 mil es NE S out h M 18 m I-""SII""'''''' .... ---.J,sw 12nd 51 High Pines Compa rable Sa le 3 6747 SW 781h TER RA CE SOlJTH MIA"" I, FL 331 43 0.06 miles NE Sl'l104tflSl sw l 04tf1S\ Pinecrest Gardens BIS BA\ Ponce-Davis S'W IS!" $t HAMMOCKS Fairchild Tropical Botanic Ga rd en HAMMOCK OAKS ( lY'.apda13~2021 G~ 16559 SW 61 LANE, MIAM I, F L 33193 (05) 388·0270· (305) 388-0495 37 0 161 105 FL OOD MAP Borrowe r: n /a Fil e No ,: 05016526 Property Address ' 7849 SW 68th AVENUE (APPRQX.) Case No .: City : SOUTH MIAMI St ate: FL Zip : 33143 lend er: PR IVATE ",. " I ;1t --! SN1?rO Subject ~S 7849 SW 68 t h AV ENUE (APPRO X.) SOUTH MIAMI , FL 33143 r-~-~-< 'fi' ... - .-A m ~ ... /"'" ! , J .. FLOOD INFORMATION LEGEND , ... -- "" -- -_. s • l I .'ffnN_ , I . Community: CITY O F SOUTH MIAMI _ FEMA SpociaI Flood Hazard Area High RIsk Property is NOT in a FE MA Spe cia l Fl ood Haza rd Area Map Number: 12086C0458L Pan el, 12086C0458 Zone : X Ma p Date: 09-11-2009 FIPS, 12086 Source: FEMA DFIRM No ... _ .... bOo4 ... ~ tg..,.pa"Iy~I'" '"1. Sky Flood " fi,,-b. ~ _. ~ or prcr.dIod. v-.J >ngl 111'11 Oil '*-' ..... No5~.-=--cft) ~"''''''1_ Roa d Vie w : -Forest _ -WolIlor ... <'I" loud Iwpott,...adng '"' ~ 01 ~"YOt _ 0lIl:*_. f.cn, IIocd Z<IW .......... .-. .......... 100.1 .... t .. &od""'P ..... d.ta 16559 SW 61 LANE , MIAMI , FL 33193 (30 5) 388 -02 70· (305) 388-0495 38 0161 106 Borrower: nfa Lender: PRIVATE PLAT MAP File No.: 05016526 Case No.: State: FL 16559 SW 61 LANE, MIAMI, FL 33193 (305) 388·0270· (305) 388-0495 390f61 Zip: 33143 107 Borrower: nfa Propert y Address: 7849 SW 68th AVENUE (APPROX .) Cit y: SOUTH MIAMI lender: PRIVATE PENSER APPRAISALS Sta te: FL File No.: 05016526 Case No: Zip: 33143 OFFICE OF THE PROPERTY APPRAISER Summary Report Genel'alodOn 21UI/2021 Pro perty Information Folio: Property Addr.l1 : OWIlOI Malllng Addlt!ss PA PtlmaryZonll Plirmuy land Un Bed. I BlIth.1 Hall ltvlng Un lt$ Actual AnI" lo MngArea Adjusted Area Lot SIII1 Yelr8ullt As sessmen t Informat ion Land Value Bulldtng Va luo XF value Mot\(ct Value A5S11ssad valUII Benofi ts Information T", 09-4035-013-0942 CITV' OF SOUTH MIAMI 6 130SUNSET OR MtAM~ Flo331 4~ 0600 SGL FAMl loY. 170 1.1900 SO 8080 VACANT GOVERN MENTAL.: VACANT LAND· GOVERNMENTAl 0 10 10 o o o Sq,FI o Sq.Ft o Sq.Ft 449 Sq.FI o 2020 2019 2018 $115.164 51l,02 1 S IS.02 1 SO SO SO SO SO SO $16,164 $l l ,02 1 $l l,021 S718 .653 "" 2020 20 19 2018 Non-Homeslead Cap Assessmenl Reducton SIS,L48 5 12,358 $12.427 Munlclplll exemption $718 Sl353 SS94 Noto: Not a'l bcIneI lis are appMwble to al l Tn:ublo vaksas (i.e. Col6lty, ScnooI Board, City. RogionaI). Short Legal Do s crlption WEST lARKIN PARK P3 12-49 N6fT OF W74 .S7FT OF LOT C LO T SIZE SITE VALUE OR 21194·1163 0403 3 Ta lUlbl c Value Informalion "" 20lg 2018 County e.emplion value $7 18 .653 '59' Taublo Value SO SO SO School Board Eltilimplion Value $16,164 $13.021 $13,021 Taxatlle VlIlue SO SO SO CI" Exemplloo Value 5718 '653 55" TlWIb1e Value SO SO SO Rog lonlll Eltemption VD luo 5718 S653 55" TaXOlblo Valuo SO SO SO Sales Information PreVbJI sale p"""l OR BooI\·Page Oualtlc.otlon Descrip tion The OII'iceof u. ~ A,pp'1I_. COI'ItaAIIIy l1li1:11'8 _ upd;Ilmg the:.u roI. rtw_m:1:f IIOII'IIhc:t tn, mosl ~ln1ormallOn CltI rKOld It.. Pmptwtyllpp<_ lind Marn;.OlIQe Co~1y B$$Umas no "1lUY. _11.1 ~amer and Us. AGreement at M'$/hNHI.rraamdlOll gcMlnfo,'al5darnar,M~ VIRIon 16559 SW 61 LA NE , MIAMI, Fl 33193 (30 5) 388·0270· (305) 388-0495 400f61 108 PENSER APPRAISALS Borro wer n /a Fi le No .: 05016526 Pro perty Ad dres s 7849 SW 68th AVENUE (APPROX.) Cit y: SOUTH MIAM I Lender PRIVATE Case No StClt e: Fl 16559 SW 61 lANE, MIAMI , Fl33193 (305) 388-0270 -(3 05) 388-{)495 A1 0 f61 l iD 33143 109 SUBJECT PROPERTY PHOTO ADDENDUM Borrower nf a Proper l y Add ress : 7849 SW 68th AVENUE (APP RQX.) Cit y: SO UTH MIAMI lender PRIVATE Sta le; FL 420161 File No 05016526 CilSC No .: Zi p: 33143 FRONT VIEW OF SUBJECT PROPERTY Appraised Dalc · February 9, 2021 Appraised Villu e S 16 ,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE 110 PENSER APPRAISA LS Borrower nfa FileNo 05016526 Pro~erly Addr ess· 7849 SW 68th AV ENUE {APPROX .} Case No . City SOUTH MIAMI Siale Fl ZiQ 33 143 lender PRIVATE SUBJECT PROPERTY ....-.. ~ SUBJEC T'S STRE ET SC ENE .~. ,.,.. <:3 of'S, - 111 COMPARABLE PROPERTY PHOTO ADDENDUM Borrower : nf a ProQerl~ Address : 7849 SW 68th AVENUE (APPROX.} Ci ty . SOUTH MIAMI Stale FL Lender ' PRIVATE FHe No ,' 05016526 Case No .: ZiQ . 33143 COMPARABLE SALE #1 5341 SW 67th AVENUE SOUTH MIAMI, FL 33155 Sale Date : CLSD 0 1/15121 Sale Price S 399 ,000 COMPARABLE SALE #2 6721 SW 62nd COURT SOUTH MIAMI, Fl 33143 Sal e Dale . ClSD 12 /11120 Sale Price S 325 ,000 COMPARABLE SALE #3 6747 SW 78th TERRACE SOUTH MIAMI, FL 33143 Sal e Date: CLSD 08 /25120 Sale Price S 430 ,000 112 PENSER APPRAISAL Borrower, nfa Properly Address ; 7849 SW 68th AVENUE (APPROX.\ File No . 05016526 Case No . Cily: SOUTH MIAMI lender' PRIVATE Siale: FL Zip 33143 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD THE CERTIFIED RESIDE~l APPAAiSER HEREIN IS CERTIFIED UNDER THE PROVI SIONS OF CH AP TER 47 S, F,lORIDA Sl'ATUTE S PENAGOS, LUI~ AlBERTb 16559 SW 6,lST LN I'o1 IAMI Fl36193 19 ,\ EXPIRATION DAT t NOVEMBE R 3D, 2022 Alwa~ verify lic~n ses online at M yFloridalicensecom Do not alter this document In any l o nn. This is your license. It is unlawl ul for anyone o ther than the li censee to use Ihi!> document. 16559 SW 61 LANE , MIAMI, FL 33193 (305) 388 ·02 70· (305) 388-0495 450f61 113 PENSER APPRAISALS Borrower: nla File No.: 05016526 Property Address: 7849 SW 68th AVENUE (APPROX.) Case No.: City: SOUTH MIAMI State: FL Zip: 33143 Lender: PRIVATE ~NA Agency Branch Prefix Portcy Number 078990 969 ~65261408220 1. NAMED INSURED AND MAlUNG ADDRESS: Luis Alberto Penagos 16559 SW 61 Lane Miami, FL 33193 Declarations Real Estate Appraisers Errors and Omissions Policy Insurance is provided by Continental casualty Company. 151 North Franklin Street, Chicago,IlS0606 A Stock Insurance Company. NOTICE TO POUCYHOLDERS: The Errors and Omissions liability coverage afforded by this policy Is on a Claims Made and Reported basis. Claim Expenses wiD reduce the Umits of Liability. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 2. POLICY PERIOD: Inception: 11/0812020 Expiration: 11/0812021 at 12:01 A.M. Standard time at your address shown above. 3. ERRORS AND OMISSIONS LIABILITY: A. limits of liability: Each Claim: $1,000,000 Aggregate: B. Discrimination Limits of liability: C. Deductible: Each Claim: $1,000 D. FIrSt Coverage Date: 1110812020 E. Prior Acts Date: 11/0812005 4. PREMIUM Total Premium: 5. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION: Individual Real Estate Appraisers Vicarious liability Endorsement CNA88632XX CNA90097XX CNA91170FL GSl7541Fl Amendatory Endorsement -ROOda Cancellation/Non-Renewal Endorsement -Florida CNA90182XX ED 09-2017 I -1372979 B -36630 $1.000,000 $100,000 $567.00 16559 SW 61 LANE, MIAMI, FL 33193 (305) 388-0270· (305) 388-D495 46 of 61 114 · ' EXHIBIT VI FORM OF CONTRACT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue FLORIDA RELATORS/FLORIDA BAR AS-IS RESIDENTIAL CONTRACT END OF SECTION RFP for Sale and Purchase of City Property 47 of 61 115 "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR ttlo RoridaRealtors a 1· PARTIES: ______________________________ ("Seller). 2· and ~:--:--=-_::__--:----::-----:::--__:_=__-__:__:_:_:__ __ ___:_ ______ -~--____ -___ ----------("Buyer"), 3 agree that Seller shall sell and Buyer shall buy the following described Reel Property and Personal Property 4 (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and 5 any riders and addenda ("Contract"): 6 1. PROPERTY DESCRIPTION: 7· (a) Street address, city, zip: ______________________________ _ 8· (b) Property is located in: _______ County, Florida. Real Property Tax 10 No.: _________ _ ~ ~) ReaIProperty:The~galdescription~ _________________________ _ 10 11 12 13 14 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1 (e) or by other terms of this Contract. 15 16 17 18 19 (d) Personal Property: Unless excluded in Paragraph 1 (e) or by other terms of this Contract, the following items which are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase range(s)/(oven(s), refrigerator(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixture(s), drapery rods and draperies, blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access devices, and storm shutters/panels ("Personal Property"). 20· Other Hems included inthispu~haseare: ________________________ _ 21 22 Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer. 23· (e) The following items are excluded from the purchase: ____________________ _ 24 25 PURCHASE PRICE AND CLOSING 26· 2. PURCHASE PRICE (U.S. currency): . .......... ....... ...... ......... ............. ......... ............... ...... $ _____ _ 27* (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION)... $ _____ _ 28 The initial deposit made payable and delivered to "Escrow Agent", named below 29· (CHECK ONE): (i) 0 accompanies offer or (ii) 0 is to be made within (if left blank, 30 then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) 31 SHALL BE DEEMED SELECTED 32' Escrow Agent Information: Name: ____________________ _ 33' Address, ______________________ ---=-______ _ 34· Phone: E-mail: Fax: _____ _ 35' (b) Additional deposit to be delivered to Escrow Agent within (if left blank, then 10) 36· days after Effective Date .......................................................................................... $ ______ _ 37 (All deposits paid or agreed to be paid, are collectively referred to as the "Deposit") 38· (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 ..... . 39' (d) Other: ...... $. _____ _ 40 (e) Balance to close (not Including Buyer's closing costs. prepaids and prorations) by wire 41' transfer or COLLECTED funds................. .............................................................. $ ______ _ 42 NOTE: For the definition of uCOLLECTION" OR uCOLLECTED" see STANDRD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44· (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 45· , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the 47 counter-offer is delivered. 48 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed 49 and delivered this offer or final counter-offer ("Effective Date"). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and 51 the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing") 52· on ("Closing Date"), at the time established by the Closing Agent. 53 5. EXll'ENSION OF CLOSING DATE: 54 (a) If Closing funds from Buyers lender(s) are not available al time of Closing due to Truth In Lending Act (TILA) notice 55 requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to 56 exceed 7 days. Buyer's Initials Page 1 of 11 Seller's Initials _______ _ FloridaRt!altors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved 48 of 61 116 57 58 59 60 61 62· 63 64 65 6. 66 67 68 69 70 71 72· 73 74 75 76 77 78 79 80 81· 7. 82· 83 84 8. 85· 86 87· 88· 89· 90· 91· 92· 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance, to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind, Flood or Homeowners' insurance. If restoration of such utilities or services and availability of insurance has not occurred within (if left blank, then 14) days after Closing Date, than either party may terminate this Contract by delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. OCCUPANCY AND POSSESSION: (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed all personal Items and trash from the Property and shall deliver all keys, garage door openers, access devices and codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted the Property in its existing condition as of time of taking occupancy. (b) 0 CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING: If Property is subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of written notice of such election to Seller within 5 days alter receipt of the above items from Seller, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from alt further obligations under this Contract. Estoppel Letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied by Seller after Closing, See Rider U. POST-CLOSING OCCUPANCY BY SELLER. ASSIGNABILITY: (CHECK ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; D may assign but not he released from liability under this Contract; or 0 may not assign this Contract. FINANCING FINANCING: o (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to Buyer's obligation to close. D (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a L conventional 0 FHA ~_~ VA or 0 other (describe) loan on the following terms within (if left blank, than 30) days after Effective Date ("Loan Commitment Date") for (CHECK ONE): 0 fixed, 0 adjustable, C fixed or adjustable rate loan in the Loan Amount (See Paragraph 2(c», at an initial interest rate not to exceed % (if left blank, then prevailing rate based upon Buyer's creditworthiness), and for a term of (if left blank, then 30) years ("Financing"). Buyer shall make mortgage loan application for the Financing within (if left blank, then 5) days after Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing ("Loan Commitment") and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage loan application and Loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such status and progress to Seller and Broker. Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Seller. If Buyer does not receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the earlier of: i. Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or elected to waive the financing contingency of this Contract; or ii. 7 days prior to Closing Date If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing contingency shall he deemed waived by Buyer. If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract docs not thereafter close, the Deposit shall he paid to Seller unless failure to close is due to: (1) Seller's default; (2) Properly related conditions of the Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3) appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Commitment; or (4) the loan is not funded due to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. Buyer's Initials Page 2 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved 49 of 61 117 114· 115· 116 117 9. 118 119 120 121 122· 123 124 125 126 127 128 129 130 131 132 133 134 135· 136· 137 138 139 140 141 142 143 144· 145 146 147· 148 149· 150 151 152 153· 154 155 156 157 158· 159· 160 161 162 163 164 165 166 167 168 169 170· 171 C (C) Assumption of existing mortgage (see rider for terms). [j (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). CLOSING COSTS, FEES AND CHARGES CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: (a) COSTS TO BE PAID BY SELLER: • Documentary stamp taxes and surtax on deed, if any • HOAlCondominium Association estoppel fees • Owner's Policy and charges (if Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title • Title search charges (if Paragraph 9(c)(iii) is checked) • Seller's attorneys' fees • Other: ----~~--~~~--~------------------------------------------------------------If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. (b) COSTS TO BE PAID BY BUYER: • Taxes and recording fees on notes and mortgages • Recording fees for deed and financing statements • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Survey (and elevation certification, if required) • Lender'S title policy and endorsements • HOAlCondominium Association application/transfer fees • Loan Expenses • Appraisal Fees • Buyer's Inspections • Buyer's attorneys' fees • All property related insurance • Owners Policy Premium (if Paragraph 9 (c) (iii) is checked.) • Other: ___________________________________________________________________________ _ (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 5) days prior to Closing Date, a title insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy premium, title search, municipal lien search and closing services (collectively, "Owner's Policy and Charges") shall he paid, as set forth below (CHECK ONE): D (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid by Buyer to Closing Agent or such other provider(s) as Buyer may select); or D (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing services related to Buyer's lender's policy, endorsements, and loan closing; or D (iii) [MIAMI-DADE/BROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, which is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and If applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ (if left blank, then $200.00) for abstract continuation or title search ordered or performed by Closing Agent. (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date (e) HOME WARRANTY: At Closing, D Buyer D Seller D N/A shall pay for a home warranty plan issued by at a cost not to exceed $ . A home ---------------------------------------warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreements warranty period. (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body ("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in installments (CHECK ONE): =:J (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing. installments prepaid or due for the year of Closing shall be prorated. o (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. Buyer's Initials Page 3 of 11 Seller's Initials ________________ __ FloridaRealtorsJFloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and9A1ef ~rida Bar. All rights reserved 118 172 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (COD) 173 pursuant to Chapter 190. F.S., which lien shall he prorated pursuant to STANDARD K. 174 DISCLOSURES 175 10. DISCLOSURES: 176 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 177 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal 178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon 179 testing may be obtained from your county health department. 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 181 does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have not been properly closed. 183 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 184 desires additional information regarding mold, Buyer should contact an appropriate professional 185 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone 186 the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving 187 the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard Area" or "Coastal 188 Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service 189 under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and lor flood insurance 190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood 191" Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within (if left 192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and 193 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and 194 flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert- 195 Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures 196 (residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation 197 certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 199 required by Section 553.996, F .S. 200 (f) LEAD·BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is 201 mandatory. 202 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY 204 DISCLOSURE, IF APPLICABLE. 205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 206 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBILIGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 209 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 211 (i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the 212 Foreign Investment in Real Property Tax Act rFIRPTA"), Buyer and Seller shall comply with FIRPTA, which may 213 require Seller to provide additional cash at Closing. If Seller is not a "foreign person", Seller can provide Buyer, at or 214 prior to Closing, a certification of non-foreign status, under penalties of perjury, to inform Buyer and Closing Agent 215 that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller 216 are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and 217 withholding requirements pursuant to FIRPTA. 218 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not 219 readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence, 220 Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to 221 the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, 223 environmental, or safety code violation. 224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property, 226 including, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS 227 Maintenance Requirement"). Buyer's Initials Page 4 of 11 Seller's Initials _______ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved 51 of 61 119 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 229· (a) PROPERTY INSPECTION AND RIGHT TO CANCEL: Buyer shall have (if left blank. than 15) days 230 after Effective Date ("Inspectlon Period', within which to have such Inspections of the Property performed 231 as Buyer shall desire during the Inspection Period. If Buyer determines, In Buyer's sole discretion, that the 232 Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such 232 election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the 233 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further 234 obligations under this Contract; however, Buyer shall be responsible for prompt payment for such 235 inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and 237 shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall 238 survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer 239 accepts the physical condition of the Property and any violation of governmental, building, environmental, 240 and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance 241 Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's 242 lender. 243 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to 244 time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up 245 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the 246 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement 247 and has met all other contractual obligations 248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of 249 the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written 250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the 251 Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with 252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's 253 obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents 254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling 255 such obligation, Seller shall not he required to expend, or become obligated to expend, any money. 256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, 257 Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer. 258 ESCROW AGENT AND BROKER 259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds and 260 other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the 261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract. 262 Fai[ure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the 263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions 264 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this 265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its 266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or 267 Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 268 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such 269 action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously 270 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as 271 amended and FREC rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow 272 disbursement order. 273 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 274 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's 275 fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he 276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful 277 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this 278 Contract. 279 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verily Property condition. square 280 footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals 281 for I egal, tax, environmental, and other specialized advice concerning matters affecting the Properly and the transaction 282 comemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all 283 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER 284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES 285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT 286 PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Buyer's Initials Page 5 of 11 Seller's Initials _________ _ FloridaRealtorslFloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® andSl2t\il~lprida Bar. AU rights reserved 120 287 Buyer and Seller (individually, the "indemnifying Party") each individually indemnifies, holds harmless, and releases 288 Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs 289 and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Broker's officers, 290 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by 291 Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii) 292 Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at 293 Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) 295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by 296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective 297 vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will 298 not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, 299 Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. 300 DEFAULT AND DIBPUTE RESOLUTION 301 15. DEFAULT: 302 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, including 303 payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the 304 account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full 305 settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this 306 Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights 307 under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split 308 equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share shall not be 309 greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. 310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable 311 diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to 312 receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach, 313 and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance. 314 This Paragraph 15 shall survive Closing or termination of this Contract 315 16. DISPUTE RESOLUTION: Unresolved controversies. claims and other matters in question between Buyer and Seller 316 arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will he settled as 317 follows: 318 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 319 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 320 16(b). 321 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 322 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). The 323 mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought 324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be 325 resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall 326 survive Closing or termination of this Contract. 327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by 328 this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 329 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover 330 from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation. 331 This Paragraph 17 shall survive Closing or termination of this Contract. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 333 18. STANDARDS: 334 A. TITLE: 335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph 336 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and 337 delivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closing 338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the 339 Purchase Price, shall he issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the 340 following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and 341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise 342 common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 343 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear 344 or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (f) Buyer's Initials Page 6 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and5IhltBtbrida Bar. All rights reserved 121 ST AND ARDS FO R REAL ESTATE TRANSACTIONS ("STAN DARDS ") CO NT INUED 345 as s umed mortg ages and purchase money mortgages, if any (if addition al items, attach addendu m ); provided , tha t , 346 non e prevent u se of Property for RESIDENTIAL PURPOSES . If there exisls at Clos in g any violation of lerms Id entified 347 in (b) -(I) abo ve, then the same shall be deemed a title defect. Marketable title shall be determined acco rding to 348 app licable Title Standa r ds adopted by authority of The Florida Ba r and in acco rdance with law. 349 (ii ) TITLE EXAMINATION : Buyer sha ll h ave 5 days afte r receipt of T itle Commitm ent to examine it and noti fy Selle r in 350 wri ti ng specifying defect(s ), if any , that render title unmarketable . If Seller pro vid es Title Comm ilment and it is del ivered 351 to B uyer less than 5 days prior to Closing Date , Buyer may extend Closing for up to 5 days after date of receipt to 352 exa mine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") afte r rece ipt of Buye r's 353 noti ce to take reasonable diligent efforts to re move defects. If Buyer fails to so notify Se ller, Bu ye r shall be deemed to 3$4 hav e accepted title as it then is. If Seller cures defects wi thin Cure Period , Selle r will deliver w ritte n notice to Bu yer (with 355 p ro of of cu re acceptable to Buyer and Buyer's attorney) and the parties wi ll close this Contact on Closing Date (o r If 356 Clc sing D ate ha s passed , withi n 10 days after Buye r's receipt of Se ller 's notice). If Seller is unab le to cure defects 357 w itll in Cure Period , then Buyer may , within 5 days after expiratio n of Cure Period, delive r w ritten notice to Se ll er: (a) 358 ext ending Cure Pe riod for a specified per iod not to exceed 120 days wi thin wh ich Seller shall continue to use 359 re asonable diligent effort to remove or cure the defec t s ("Extended Cure Period "); or (b) e lecting to accept title with 360 e xis ting defects and clos e this Contract on Closing Date (or If Clos ing Date has pas sed, within the earlier of 10 days 361 aft er end of Extended Cure Period or Bu y er's receipt of Seller's notice), or (c) electing to terminate this Contract and 362 re ceive a refund of the D eposit, thereby releasing Buy er and Seller from all furthe r obliga tion s under this Contract. If 363 a er reaso n able di li gent effort, Seller is unable to timely cure defects , and Bu ye r does not waive the defects , this 364 Con t ract sha ll terminate , and Bu yer sha ll receive a refund of the Deposit, thereby releasing Buyer and Seller from all 365 fu m er obligations under this Contract. 366 B . SURVEY: If Survey discloses encroachments on the Real Property or that Improvem ents located thereon encroach 367 on 5et back lines , ea semen ts, or lands o f others, or violate any rest ri ctio n s, cov enants , app li cable governme nt al 368 regu lations described in STAND AR D A (i)(a), (b) or (d) above, Buyer shall delive r written n otice of such mat ters , 369 tog~the r with a copy of Survey, to Seller w ithin 5 days after Buyer's receipt of Survey , but no later tha n Closing. If Bu y er 370 time ly delivers such notice and Survey to Selle r , such matters identified in the notice and Survey shall consti tute a title 371 de fe ct , subject to c ure ob ligations of STANDARD A above . If Se ll er has delivered a prior survey , Seller shall , at Buyer's 372 re q uest, execute an affida v it of "n o cha nge" to the Real Property since the preparation of such prior survey , to the 373 ex tE nt the affirmatio ns th erein are true and correct 374 C. INGRESS AND EGRESS : Seller represents that there is ingress and egress to the Real Property and title to the 375 Rea l Property is in surabl e in accordance with STANDARD A wit hout exception for lack of legal right of access. 376 D. LEASE INFORMATION : Seller shall, at least 10 days prio r to Closing , furnish to Buyer estoppel lett ers from 377 tena nt(s)/occupant(s) sp ecifying nature and duration of occupancy, rental rates , advanced rent and security deposits 378 pai d by tenant(s) or occupant(s) ("Estoppel Letter(s)"). If Seller is unable to obtain such Estoppel Letter(s), the same 379 info rmation shall be furnished by Se ll er to Buyer within that time perio d in the form of a Seller's affidavit , and B uyer ma y 380 ther eafter contact tenant (s) or occupant(s) to confirm such information. If Estoppel Letter(s) o r Sellers affidavit, if any , 381 diffe r materially from Seller's representations and lease(s) provided pursuant to Paragrap h 6, or if tenant(s)/occupant(s ), 382 fai l or refuse to co nfirm Seller's affidavit, Buyer ma y deliver written notice to Se ll er within 5 days after receipt of such 383 in f or mation , but no later than 5 days prio r to Closing Date , terminating this Contract and receive a refund of the Deposit, 384 th er eby releasing Buyer and Seller from a ll further obligations under this Contract. Seller shall , at Closing , deliver and 385 aSSi gn all leases to Bu yer who shall assume Seller's obligations thereunder. 386 E. LIENS : Se ll er sha ll furnish to Buyer at Clos in g an affidavit attesti ng (i ) to the absence of any financing statement , 387 c laims of lien or potential lienors known to Seller, and (ii) that there ha ve been no improvements or repairs to the Real 388 Pr o Jerty for 90 days immediately preceding Closing Data. If the R eal Properly has been Improved or repa ired within 389 th a t time, Sell e r shall deliver release s or wa ivers of construction li ens executed by a ll general co ntractors, 390 sut contractors , supp lie rs and materialmen in addition to Seller's lien affidavit setting forth names of all such general 391 c onl rac tors , subcontractors , suppli ers an d materialmen , further affirming that all charges for imp rovemen ts or repairs 392 w h ic h could serve as a bas is for construction lien or a claim for damages have been pa id or wi ll be paid at Closing. 393 F. TIME: Calendar days sha ll be used in computi ng time periods. Time is of the essence in this Contract. 394 Oth er than time for acceptance and Effective Date as set forth in Paragraph 3 , any time periods provided for or dates 395 spe':ified in this Contract, whether preprinted , handwritten , typewr itten or inserted herein , which shall end or occu r on a 396 Saturday , Sunday, or a national legal holi day (s ee 5 U.S.C. 6103) shall extend to 5.00 p.m. (whe re the Property is 397 lo ca te d ) of the next busin ess day . 398 G. FORCE MAJEURE: Buyer or Seller shall not be req uired to perform any obligation under this Contract or be liable 399 to Ea ch other for damages so long as performance or non-performance of the ob ligation is delayed, caused or 400 p rev ented by Force Majeure. "F orce Majeure" means : hurricanes , earthquakes , floods , fire , acts of God , unusual 401 tra nspo rtation delays , wars, insurrections , acts of terror is m , and any ot he r cause not reasonably within control of Buyer 402 or S elle r , and which , by: exercise of reasonab le dil igent effort , the non-performing party is unab le in who le or in pari to 403 p r event or overcome. All time periods , inc luding Clos ing Date , will he ex tende d fo r the period that the Force Majeure 4 04 p re vents performance under this cont ract , pro v ided , however, if such Force Majeur e continues to prevent performance Buyer's Ini t ia ls Page 7 of 11 Seller's Initia ls _________ _ Florida R ealt orsJ Florida Bar-ASIS-2 Rev.8 /13 © 2013 Florida Realtors® an~efpri da Bar. All ri g hts res e rved 122 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 405 under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering 406 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract. 408 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal 409 representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in 410 STANDARD A and those accepted by Buyer. Persona! Property shall, at request of Buyer, be transferred by absolute 411 bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 412 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 413 (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attorney or 414 other closing agent ("Closing Agent") designated by the party paying for the owner's policy of title insurance, or, if no 415 title Insurance, designated by Seller. Closing may be conducted by mail or electronic means. 416 (ii) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, bill of sale, 417 certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's 418 possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all work 419 done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood 420 elevation certification, and documents required by Buyer's lender. 421 (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 422 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing 423 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing 424 funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller. 425 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for 426 insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and 427 closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent tor a period of not 428 more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, 429 within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such 430 notification to cure the defect; (3) if Seller falls to timely cure the defect, the Deposit and all Closing funds paid by Buyer 431 shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment. 432 Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to Seller by special 433 warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take 434 title as is, waiving all rights against Seller as to any intervening defect except as may he available to Buyer by virtue of 435 warranties contained in the deed or bill of sale. 436 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the 437 day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes (including 438 special benefit tax assessments imposed by a CDD), interest, bonds, association fees. insurance, rents and other 439 expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in which event 440 premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be 441 made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow 442 deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due 443 allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when 444 current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such 445 assessment and prior years millage. If current year's assessment is not available, then taxes will he prorated on prior 446 year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, which 447 improvements were not in existence on January 151 of prior year, than taxes shall be prorated based upon prior year's 448 millage and at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to 449 the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration 450 based on an estimate shall, at either party's request, be readjusted upon receipt of current years tax bill. This 451 STANDARD K shall survive Closing. 452 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall, 453 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a walk- 454 through (or follow-up walk-through it necessary) prior to Closing. 455 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by firm or other casualty 456 ("Casualty Loss") and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not 457 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant 458 to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to 459 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration 460 exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any 461 unused portion of escrowed amount shall be returned to Seller. If Cost of restoration exceeds 1.5% of Purchase Price, 462 Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby 463 releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree 464 damage by casualty or other natural occurrence shall be cost of pruning or removal. Buyer's Initials Page 8 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® an~f3rhrida Bar. All rights reserved 123 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 465 N . 1031 EXCHANGE: If eithe r Seller or Buyer wish to ente r into a like-kind exchange (e ithe r simul taneously with 466 C losing or deferred) unde r Section 1031 of the Internal Revenue Code ("Exchange"), the othe r party sha ll coope rate in 467 al l r easonab le respe ct s to effectu ate the E xc h ange, including execution of docu m ents; provided , however, coope rating 466 party shall incur no liabi lity or expense related to the E xchange , and C losing shall n ot be contingent upon , nor extended 469 or d elayed by , su ch E xcha nge .. 470 O . CONTRACT NOT RECORDABLE ; PERSONS BOUND; NOTtCE; DELIVERY; COPIES; CONTRACT 471 EX ECUTION: N either this Contract nor any not ice of it shall be recorded in a ny public records. This Contract shall be 472 bi nding on , and inure to the benefit of, the parties and their respective heirs o r s uccessors in interest. W he neve r the 473 Context permits , singular shall include plural and one gender shall include all. Noti ce and de livery given by or to the 474 atto rney or broker (including such Brok er's re al estate licensee) represe nt ing any party sha ll be as effective as if gi v en 475 by or to that party. All notices must be in w riting and may be made by mail, personal delivery or e lectron ic (inc lu ding 476 "poJ f') medi a. A facsimile or e le ctronic (including "pdf') copy of thi s Contract a nd any s ign at ure s hereon shall be 477 con s idere d for all pu rp oses as an origina l. Thi s Contract ma y be executed by use of electronic signatures , as 476 determ ined by Florida's Electroni c Signa ture Act and other applicable laws. 479 P. INTEGRATION ; MODIFICATION : T his Contract contains the full and complete unde rstanding a n d agreement of 460 Buy er and Seller with r espect to the tran saction con templat ed by this Contract and no prior ag reeme nts or 461 rep resentatio ns sha ll be binding upon Buyer or Selle r unle ss included in this Co ntract. No modification to or change in 462 th is Contract shall be va li d or bind ing up on Bu yer or Seller unless in w riting and executed by the parties inte nded to be 463 b o ~nd by it. 464 Q . WAIVER: F ailure of Buyer or Se ller to insist on compliance with, or strict performance of, any provision of this 465 C o "tract , or to take advan tage of any right under this Contract , s hall not constitute a wa i ver of other provisions or righ ts . 466 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVtSIONS : Riders, ad de nda, and typewritten or 46 7 han dwritten provisions shall control all printed pr ovis ions of this Contra ct in con fli ct with them. 466 S . COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED " means any checks tendered or received , 469 in c l uding Deposits, have become actually and finally collected and deposited in the account of Escrow Agent 490 or Closing Agent. Closing and disbursement of funds and d elivery of closing documents may be delayed by 491 Cl o sing Agent untit such amounts have been COLLECTED In Closing Agent's accounts. 492 T. L OAN COMMITMENT : "Loan Commitment" means a statement by the lender se tting forth the terms and conditions 493 upo n which the len d er is w illi ng to make a particular mortgage loan to a particular borrower. Neither a p re-approval 4 94 le tt 9r nor a p re q ua li fication letter shall be deemed a Loan Commitment for purposes of this Contract. 4 95 U. APPLICABLE LAW AND VENUE : T his Contract shall be const rued in acco rdan ce w it h the laws of the State of 496 Fl orida and ven ue for resolution of all disputes , whe ther by mediation , arbitration or litigation , shall li e in the county 497 w he re th e Real Property is located . 496 V. F OREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): If a Seller of U .S. real property is a "foreign 499 per son " as defin ed by FIRPTA , Section 1445 of the Internal Revenue Code requ ires the buyer of the rea l property to 500 w ith hold 10% of the amount realized by the se ll er on the tr ansfe r and remit the withheld amount to the interna l Reve nue 50 1 Se 'Vi ce (IRS) unless an exemption to the required withholding applies or the se ller has obtained a Withholding 502 Cert ificate from the IRS authorizi ng a reduced amount of withholdi ng. Due to the comp lexity and pote ntial risks of 503 FI RPTA, Bu yer and Seller should seek legal and tax advice regarding com pliance , particularly if an "exemption " is 50 4 cl ai m ed on the sale of residentia l property for $300 ,000 or less. 505 (I) No withholding is required under Section 1445 if the Seller is not a "foreign person ", pro v ided Buyer accepts proof 506 of same from Seller, which may include Buyer's receipt of certi fication of non -foreign status from Seller, signed under 50 7 pen a lt ies of perjury , stating tha t Seller is not a foreign person and containing Seller's name , U .S. taxpayer ident ificatio n 506 nUr'1 ber and home address (or office address , in the case of an entity), as provid ed for in 26 CFR 1.1445-2(b). 509 Oth erw ise , Buyer sha ll withhold 10 % of the amount realized by Seller on the transfer and timely remit said funds to the 510 IR S. 511 (il) If Selle r has received a Withholding Certificate from the IRS which provides for reduced or el im inated withholdi ng in 512 this transaction and provides same to Bu y er by Closing, then Buyer shall withhold the reduced sum , if any required , and 513 time ly remit sa id fu nds to the IR S. 514 (iii ) If prior to Closing Seller has submitted a comp leted application to the IR S for a Withholding Certificate and has 515 pr o vided to Buyer the notice required by 25 CFR 1.1445-1 (c) (2)(i)(B ) but no Withholding Certifi ca te has been received 516 as o f Closing , Buyer sha ll , at Closing , w ithhold 10 % of the amount re alized by Se ller on the trans fer and , at Bu ye r's 517 op tio n , either (a) timely remit the withhe ld funds to the IRS or (b) place the funds in escrow, at Seller's expense, with an 516 es crow agent selected by Buyer and pu rsua nt to te rm s ne go tiated by the parties, to be su bsequently disbursed in 519 ac co rdance w ith the Withholding Certificate issued by the IRS or remitted d irectly to the IRS if the Se ller's applica t ion is 520 re j Ected or upon te r ms set forth in the escrow agreemen t. 521 (iv ) In the event the net proceeds due Seller are not suffici ent to meet the withholding requirement(s) in this transact ion , 522 S el ler shall deliver to Buyer, at Closing , the additional COLLECTED funds necessary to satisfy the app licable 523 re q Jirement and thereafter Buyer shall limel y remit said funds to the IRS or escrow the funds for disbursement in 524 ac co rdance with the final determ ina tion of the IRS , as appli ca ble Buyer's Imti a ls Page 9 of 11 Se ller's In itials FloridaR ea ll :::"s /FloridaBar·ASIS· 2 Rev.8/13 © 201 3 Fl orida Rea llors® an C:!5fuef pfbrida Bar. All rights reserved ----------124 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 525 (V) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 8288 526 and 8288-A, as filed. 527 W. RESERVED 528 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and 529 against any real estate licensee involved in the negotiation of this Contract, for any damage or defects 530 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 532 provision does not relieve Seller's obligation to comply with Paragraph 10(j). This Standard X shall survive 533 Closing. 534 ADDENDA AND ADDITIONAL TERMS 535 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 536· Contract (Check If applicable): D A. Condominium Rider = M. Defective Drywall = N. Coastal Construction Control Line == O. Insulation Disclosure D X. Kick-out Clause D Y. Sellers Attorney Approval D Z. Buyer's Attorney Approval DB. DC. D D. DE. Homeowners' Assn. Seller Financing Mortgage Assumption FHAN A Financing u P. Lead Based Paint Disclosure (Pre 1978 Housing) o AA.Licensee-Personal Interest in Property o BB. Binding Arbitration D F. Appraisal Contingency D G. Short Sale = Q. Housing for Older Persons = R. Rezoning D Other ________ _ D H. Homeowners'/Flood Ins. D I. RESERVED D J. Interest-Bearing Acct. o K. RESERVED o L. RESERVED = S. Lease Purchaser/Lease Option C T. Pre-Closing Occupancy by Buyer CU. Post-Closing Occupancy by Seller C V. Sale of Buyer's Property = W. Back-up Contract 537· 20. ADDITIONAL TERMS: ADMINISTRATION FEE: Buyer/Seller agrees to pay Realty3000. Inc. an 538 Administration fee in the amount of $195.00 at the closing of this Contract. 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 COUNTER-OFFER/REJECTION 555· 0 Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver 556 a copy of the acceptance to Seller). 557· D Seller rejects Buyer's offer. 558 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 559 AN ATTORNEY PRIOR TO SIGNING. 560 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 561 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and 562 conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be 563 negotiated based upon the respective interests, objectives and bargaining positions of all interested persons. Buyer's Initials Page 10 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and5Vl-al6lbrida Bar. All rights reserved 125 564 AN ASTERISK (*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE 565 COMPLETED. 566 567 668· Buyer: ____________________________ _ 569 570 571 572 573· Buyer: ____________________________ _ 574 575 576 577 ~~:. Seller: ____________________________ _ 580 581 582 583· Seller: ____________________________ _ 584 Date: _______ _ Date: _______ _ Date: _______ _ Date: _______ _ 585 Buyer's address for purposes of notice Seller'S address for purposes of notice 586· ________________ _ 587* ________________ _ 588" 589 ----------------- 590 BROKER: Listing and Cooperating Brokers, if any, named below (collectively, "Broker"), are the only Brokers entitled to 591 compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to 592 disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties 593 and cooperative agreements between the Brokers, except to the extent Broker has retained such fees from the escrowed 594 funds. This Contract shall not modify any MLS or other offer of compensation made by Seller or Listing Broker to 595 Cooperating Brokers. 596 597* ________________ _ 598 Cooperating Sales Associate, If Any 599 600· ________________ _ 601 Cooperating Broker, If Any Listing Sales Associate Listing Broker Buyer's Initials Page 11 of 11 Seller's Initials _________ _ FloridaRealtors/FloridaBar-ASIS-2 Rev.8/13 © 2013 Florida Realtors® and The Florida Bar. All rights reserved 58 of 61 126 II t'I"l'\ hU\1 the Flodda Enl'l"g~r.:llI~l· p "u J!r:111I w urk ..... Arter the rating. YI)u 'll get an easy-tn-reall fo rm like Ihe one on th e inside page. Th e Ralillg Guide has a scale Ihal allows you \0 cOlllpare the sreeitic home y ou're looking al with the most efficll'nt and Ihe least erticient homes (If the ~all1e sire With the S;Ulle I1Ilm - her of hedrooms av.,ilahle in your ran of the sta te today . In addition to this overall l'Stlmatc Ill' o.,:ne rgy u sc and cOlllpar i so n~. yo u get a detalled hre;)kdllwn on Ih e ene r gy c o s ts of the hOllle's "ir conditio ni ng. s pace heating. wah:r hea t ing. refriger;!lor. cloth es dryer. eouking eo~IS. lightin g, pool pUlllpmg and other mis- eclla neo u s equipment. One of Ihe keys to the ~lICt.:l·s~ of thi~ program is Ihe tlrllforrnity of r:Jt;ngs. made possihle hy the lise of the EnergyGaugc' sort - wafe dl.:veloped by th e Flonda Soi<1r En e rgy Cente r . It has heen s peei,ill y d es igned tn le i l(;!lers Input the key data on the hOllle and o hta in accu rate i n formation for comrarison purposes . A uniquc "ptil11l1.ation feOllure evel1 Ict~ Ra l er~ det ermine what energy-cffll'ieney fc,lIures can be a dded to the horne to 111,IXi- tIli/e cost-sav ings and com forl-improvemcllt . Sn h nll C:1I1 :1 hlllll l: l·urrJ.:.\ I'a till ~ Ill'lll ~'1I11 l'l'dlln' ~lI l1r t·Ill'r!!.\ Uq' :11](1 ~a \'r 11111111'.\ '! That's easy. While the design and const ructioll of your homc and the effiC ie ncy of its appli- al1c~" ilnd equipme ut cllutrlll the mo s t ~l gnltici1n t portion Ill' it ~ energy u sc . neellpant !il\:sty1c will sti ll haw a big drccl on e .'tilcl ly how much energy gct" \I"eli . Your comfort preferences and perso na l hahit s -the level [\1 which you se t Ihe th ermostat. whether or 11(11 you lurn oil 111:\hts and fans when 1cil\'1ng a mom. how much natural venti lation yllll lise. ,lI1 tl othcr f<letors -will <Ill :lITcct your home's actual monlhly cnergy u sc. F lnl'id:I', prnl!ra1l1 II:l,,:tllcl ~ naliun :11 :Ie li"iti cs. The nesidential Energy Se r vices Network mESNET) sets the nalional s tandanls for Il oille Energy n ating Systems (HERS). and F lorid a 's sys- tcm meets these standard s. T hc F lo rida Buildin g Energy i{;Jting Guide provides a lIE I ~S Ind ex for th e horne. Thi~ n;Jtional score cll abl c~ homcs 10 qualify for national mortgage finan e lll g option s requiring a llERS Index . Thi s IIltl C)( is co mputed in accordance wilh national gu iddines. consider- ing the he;ltil1g. euoling. wale I' heating. li gh ting. appliance. :11111 phnt()v()!taic cnergy u ses. !IFRS awards st ars til Ih e rat in g . 1't'1l ~uu r Ih':l ll ur or bui ld rr Ih:lt ~'I)II 11:1111 III j.!l'l tilt' hnml' r:llnl lH'fun' ~1I 11 hll~ it. Tht.:y can g n 'e you the names III' !(aters III you r area. Alillitiona! info r matioll on Ihe pro- gT am is avaibblc from the Energy (jauge Program OtTiee at .l2 1-(,3X-1715, or vis it OUl' Web sile al W 1\'\\ . fl o ri d :l l'n l'rl!~'ee l1 Ie •. 11 1'1-:' II ." Importanl 10 nute that oll!y Flurld" St;r[c ('ertilit.:11 Ibters arc allowed 10 perform ralings. Thc~c Rat e r s havc undcrgone rigornus training rrograms anti hav e passed the RESNET National Core exam ;11111 Ihe rClluired chn l lcngc exams. They arc al~o required tl) undergo !.:lll1tinuin g t.:ll llcatioll !.:Iasst.:s and addltiunal exal11~ to keep thclr ecnificatllllls cu r ren\. An oil-gOing <Iual it y control progr:rm also \\,,,tche~ over their Ratings and theIr work. AI! thcir I{atin g~ arc ~ubmltled to a ce ntral registry that checks th em flIT ;l!.:e\)filcy and c ompiles gellerit' huilding d ata. Encrl!~' Ilatin~~ in Flurid:1 The Flortda Building Energy-EfIi!.:iency Ratin g Act (F lOrida Statule 553 .990) was p:1ssed by thc Stat..: Legisl,lIUfe in 1993 and ;1I11 e nd c d in 1994. It cstabl i"hcli a voluntary ~I atewillc energy- cflil'ielley raling ~ys tem for home .... T he Rilting Systcm ha .~ he e ll ;Hloptcd hy IlCA l~ulc tJB-(iO. rh l' Filirilia EIII'rl!~ (;:'II~I' I'l'uj.!l'al11 FIlIl'ill;.\ Huildill l! Enl'r'g~' I(atinl! Sy,l l'll1 1(,7,) Clc:l1lak..: i{ua d Cocoa. Fl orid;1 32922-57(D 32 1-(,;'IX-1 7 15 Fax : 321-(,lX-I OIO E-~"al I: InI'U(II encrgygaugc.com ".l'I, 'I h' "",\.t'll .. il':lt·II I·"!.!~'·'·lIr('r.lfr:.: Thinking About Buying a Home? Get An EnergyGauge 'Rating! Consider the Benefits: s More 110me for I...:ss Mon..:y s Impro\'e d Mortgilge Options s Enhanced Indoor Cl1lllfnrt s Surcrior EIH.:rgy U!i !.:ieney S More Enviro nm ental Sust Olina bi lit y S Tes ted Q uality COllstruclion S Greater Rc ~al c Valu..: 127 Co n g n lf ul al i o n s Oil YOlll' dcci sillll In 11I Irc h a sc ;1 h Ollie, As you kllOw. th ere arc a lot o r lilctor~ 10 consi d er before s igni ng on the dotted lin e. By now. you've probably checked out th e location of the hOlll e you like the bes1. You know how 11I\lch th e seller wants, how m:lny bedrooms there :lre, wheth - er your dining room tabl e will lit, where you'll park yo ur car and lots of othei' irnportltn t things. Rut \\:lit. th ere's s till (Jll e mo rc imJlurlanl thin g rOil rcally ou~hl to do. You wouldn't buy a car without as king how many mile s-per-gallon it ge ts, wo uld you'! So why wo uld you even think of buy ing a house without knowing how much the power bills will be '! That's why now is the perfe ct li me to ge t an Energy- Gaugci,k) ra t ing on the house. S in ce 1994. there ha s been a vol unt ary statewide c ne r gy-e rfi e ieney ratin g syste m for homes in Flo rida. and pros pectiv e homeownc r s just lik e yo u a ll arnund th e st ate arc gC ll ing their homes rated before they mak e th e ir purchase. Thcre arc sevcral very importa nt reasons why: S En cq,:y r atings gi\'c hOlll cb u ycrs a m a r ke t- pl:lce y ardstick II llit m e a s u res th e h e ll e fit s f)f c n e rJ!),-dfi c ic f)c y ill1l'fU vClIl c nt s . YOIl get de tll iled es timat es of how much YOUT c nergy usc will cost. s Encq,:y r a t in gs g i\'c yu u d ea r a nd s ]l l'cific infn r llla l iun that le is yo u eO lllp :I1 'C s imila r hOlll cs (III th eir c n eq.~y II SC. Tw o hom es might look s imilar. but one may be e ni dent and COlll- I()f\able .l1Id th e oth e r :111 cnergy-guz z ler with a ve r y un eomfort:lble int erior. FORM FROER·2006 P rojecled Ra lin g Based o n Pla ns Fie td Co nf irmat ion Required EUechve OnICl : Ouign. Orlando. FL EnCl .!JV Gaug ~ Anyplltl:CI "~a"", FL TiUe: Mutrn; T, .. C ,ed·! TMY OHlANOO_INTL_A RP1. F'L CZ I • New home HI~ 000,1 qual.llcahon e."rn~CI $0 '" I111111111 1111111111 1111111111 1111111111 1111111111 1111111111 1111111111 1111111111 1 '" 43 .4 MBtu o M B tu 56 M B tu T Proposed !fome COS ! ~::f~YG;U.'9 C1 Oeillul, EII!d'ic Ilple SO.083 I1<WIl EnClfgyGaugo Oelilull Gas RlIle' SO.682 fTho,m Savmg$" $296 Sial_-ode PrlCOS 0' S 1.5019"1 LP Gas SI.7519.11 This Home may Q u alify for EPA's Ene r gy Star La b e l l This Home Qua lif ies for an Ene rgy Effic ie n t Mortgage (E EM) CooV1I I S146 ~'''E'''''~~~'~'~'~~~~~~~~::::~ tlo1W_~ S I!l9 Co<I.F"'~ S23 ~FS9 ".""E~~~~~~S'~. ~~~~~~~~~~ l'llfd"'ll l SlO2 ~1IoC.1 $253 p-I ~E~==~S~J~'~~~~~~~~~ R""'II ~ S54 ~LI ____________________ __ HER S Ind ex ': 68 *****+ NOlES 000000 I.D. Numb". SlgnalufB Oala r"",R.>I.o>9Gud11 ... ~""_"".,_~ __ _ .. __ UtfJfed'ur>erl"""R.of"ll'''~ ,"""IhVI'IESlIET_,,'lJ 0....01_ .... ~_~ "'"' R.o'''IImoyll<t _"<1'~ En"'WG""!/'I Prngt~m UIi'Jr .. '~7 P o.,lIII.k~ UOI'Id r""""" ft J1921·57G;J Il2 ')~8·14g2 .",,~lt«vcledoJ 'l/l<t _ ~ , ... 01 hoI ... <gncd. '-'" ___ 01 UncIe,~,.;a, tPA .... Er>a'III' Sial _._, 'K£RS In<1," _>0<1 In ~ ..... 200fI RESNET $1._ $8cI"", 3Ol_2 IRe ..... """ _ • 100. z",u _,~ """. 0) 101912008 10 1348 AM EnO'9yG~"[I1l® I USRHUJ v2.8 p"tlCI "1 s Maybe mo st importan t o f a ll. th c nation a l 1·loll1 c E nergy Ib till g Sys t c m (H E RS) Indcx u n Ih e e n c r gy I'aling c all q ua li fy yo u for a lIum hc r ofsllccia llllo r lga :,:c prugra lll S Iha l u rfer lower int e r es t ra i l'S, lo we r cl u sing co s Is, :lIl d olh c l' b e n cfits. More and more lendcrs arc coming into Florida willi money- savi ng packages for buyers or eno.:rgy -cfficienl homes, Rdol'e huyilll,: your next home, hire :I Ce rtifi e tl Energy Ral e r' to ti~ a r:lt ing. Your builder or I(el t!t or c all help yo u find a Certified Rat e r ill your area. "fier the rating. you ' 11 get an easy-to-und erstand E nergy G uide that estimat cs how Illll c h it w ill cost to P.1Y for e nergy used in that home; it wil l allow you to look at a num ber of se p a rat e areas of energy usc th roughout the house. For man y yo.:ars, b uyers ha ve had home inspec tors look over a ho me before making th eir Jlurcha se. Thi s is a g reat way to find ou t about potent ial hou se problems be for e you make your pu rc h'lse. Smurt hornebuye rs arou nd the count r y <Ire now also asking for a home energy raling to look s peci fi cally at the e nergy-Ll sers in a home ilnd d e termin e their efficiency. Became e nergy costs can oneil equa l hou se pay ment s. tho.: relatively s mall cost o f a home energy rat in g Clln casi ly be olTset by man y yea rs of lo wer energy pa y mcnts. You 're a lready familiar wit h tire m ile s -rer- gallon s tick ers o n new automobiles. and the ye ll ow E nergy Guide lab e ls 011 hom c appliances. S hoppers li se tlri s infor mation to fi g uro.: ou t how milch that c ar or a ppliancc is really going to cost them. This in formation gives th e buyer a good estimat e of what it will cost to operate that car o r usc that appliilllce, over and ab ove the pm- c ha se p r ice. " c ar or produc t that is cheaper 10 buy c an oncn be more expens ive to operate. so thi s information call be ve ry importan t to a ss ure th at you mak c the bes t purchasc dc o.:isio n. .................................................................. ~5~99i!i5.1 ................................................................ 128 SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue END OF DOCUMENT RFP for Sale and Purchase of City Property 610f61 129 Tab u lation Sheet A ge ncy Name City of South Mi ami Bi d Number RFP -RFP #(5"'120 2 1-4400 SW 60 Place -O-2021/SK Bi d Name SA LE AND PURCHASE OF CI TY PROPERTY RFP #CSM2 021 -4400 SW 60 Place Bi d Due Date 04 /16/2021 10:00:00 Bid Opening Closed Bidding Document ./ Bidding Document ./ 130 EXHIBIT II RESPONDENTS COST AND TECHNICAL PROPOSAL SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue The Property subject of this RFP includes: 7849 SW 68 Avenue, South Miami, FL 33143 (Folio: # 09-4035-013-0942) MAXIMUM BID CASH OFFER FOR THE SUBJECT PROPERTY: $ \ } D CJD.., aU SUBMITTED THIS DAY OF PROPOSAL SUBMITTED BY: Tide END OF SECTION RFP for Sale and Purchase of City Property 23 of 61 131 Tab u lation Sheet Agen cy Name City of South Miami Bi d Number RFP-RFP :CSM2021-7849 SW 68 Avenue -Q-2021/SK Bid Na me SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021 -7849 SW 68 Avenue Bi d Due Date 04/21/202110:00:00 Bi d Ope ning Clos ed 132 EXHIBIT II RESPONDENTS COST AND TECHNICAL PROPOSAL SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021 -4400 SW 60 Place The Property subject of this RFP includes: 4400 SW 60 Place, South Miami, FL 33143 (Folio : # 30-4024-029-0130) MAXIMUM BID CASH OFFER FOR THE SUBJECT PRQPERTY: $.50 0 • o() ,(:, ,~ ~lv",J '·Cd Dolle ... 5 SUBM ITIED THIS DAY OF --lA~?!..c-,~. \'-...\.'1 _____ 20.",lL. PROPOSAL SUBMITTED BY: .c"(\o..."..)e.\ r c. <; \-• \\0.. Company/Respoiideilt Telephone Number '65"8' q gO "., J 1- Fa x Number '2)5'iS C; b to L{ l do q END OF SEGTION EXHIBIT III IRREVOCABLE LEITER OF CREDIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021 -4400 SW 60 Place RFP fOf Sale end Purchase of City Property 230161 "AS IS" Residential Contract For Sale And Purchase 1M I S FO RM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND 1ME FLORIDA BAR 1:tJ FloridaR ealtors ' l' PARTIES : ("Seller). 2' ard m ~q ) \) E L. C f!3 T J: L L A: ("Buye r"). 3 agree that Seller shall sell and Buyer shall buy the follow ing described Reel Property and Personal Property (collectively "P roperty ") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and 5 any riders and addenda ("Contracr'): 6 1. PROPERTY DESCRIPTION : 7" (a) Street address. city . zip : '-\ 4 00 Sw CaD 'i'\q,c.e. Sov-\-h M£'ArAi. FL. 3?.\Ll3 6' (b) Property is located in : DAD E County. Florida . Real Property Tax 10 No.: 0:" Y tl '-1.-c -0 0 9' (c) Real Property : The legal description is .",<, PI "" 10 ov \... '\ L o:"; , rv r .~ .~~ 11 12 together with all existing improvements and fixtures. including built·in appliances. built·in fumishings and attached 13 wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1 (e) or by other terms " of this Contract. 15 (d) Personal Property : Unless excluded in Paragraph 1(e) or by other terms of this Contract. the following items which ,. are owned by Seller and e xis ting on the Property as of the date of the ini tial offer are included in the purcha se 17 range(s)/(oven(s). refrigerator(s). dishwasher(s), disposal, ceiling fan(s). in tercom . light fixture(s). drapery rods and ,. draperies. blinds . window treatments. smoke de tec tor (s). garage door opener(s). security gale and other access 19 devices. and storm shutters/panels ("Personal Property"). 20' Other ilems included in this purchase are : _______________________ _ 21 22 Personal Property is inciuded in the Purchase Price . has no contributory value. and shall be left for the Buyer. 23' (e) The following items are exclude<!.from the purchase : ____________________ _ ~ ~ 25 PURCHASE PRICE AND CLOSING 26' 2, PURCHASE PRICE (U .S. currency): ............................................................................ $ 5aCl. CJCJ 27" (a) In~ial deposit to be held in escrow in the amounl of (checks SUbject to COLLECTION)... $ ______ _ 26 The initial deposil made payable and delivered to "Escrow Agen t". named below 25' (CHECK ONE): (i) 0 accompanies offer or (ii) 0 is 10 be made within (if left blank. 30 then 3) days after Effective Date . IF NEITHER BO X IS CHECKED. THEN OPTION (ii) 31 SHALL BE DEEMED SELECTED 32' 33' 34' 35' 38' 37 36' 36' 40 41 ' Escrow Agent Information : Name : ___________________ _ Address ______ .,,-,=,--____________ -;;--::-_____ _ Phone : E-mail : Fa x: ~~ ___ _ (b) Additional deposit to be de livered to Escrow Agent within (if left blank, then 10) days after Effective Date .......................................................................................... $ _____ _ (All deposits paid or agreed to be paid. are collectively referred to as the "Deposir) (c) Financing : Express as a dollar amount or percentage ("Loan Amounf') see Paragraph 8 ...... ______ _ (d) Other. ...... $ _____ _ (e) Balance to close (not Including Buye(s closing costs. prepa ids and prorations) by wire transfer or COLLECTED funds ............... ...................................................... ...... .... $, _____ _ 42 NOTE: For the definition of "COLLECTION" OR "COLLECTED" see STANDRD S. 43 3 . TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44' .. 47 (a) If not signed by Buyer and Seller. and an executed copy delivered to all parti es on or before ==-;-;=::-::-=::-::-=-.=::-:~~. this offer shall be deemed withdrawn and the Deposit. if any, shall be returned to Buyer. Unless otherwise stated. time fOr acceptance of any counter-offers shall be within 2 days aiter the day the counter-offer is delivered . 4. 49 (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed and delivered this offer or final eounter-offer ("Effective Date"). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract. the clOSing of this transaction shall occur and 51 52' the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing") on ("Closing Date"), at the time established by the Closing Agent. 53 5. EXTENSION OF CLOSING DATE: 54 (a) If Closing funds from Buye rs lender(s) are not available al time of Closing due to Truth In Lending Act (lILA) notice 55 56 requ irements. Closing shall be extended for sush period necessary to satisfy TILA notice reqUirements, not to exceed 7 dJ'I1' Buye(s Initials 111 Page 1 of 11 Selle(s Initials ___ _ F1oridaReal lorslFlo~ Rev .8i1 3 C 2013 Florida Rea ltors® and The Aorida Bal'. All rights reserved ---- 480f61 134 " 58 59 60 ., 62' 63 64 65 .. ., .. 59 7D " n ' 73 " 7S 7. 77 78 79 80 '" 62' 63 84 ss' .. 87' .. ' 89' 90' 91' 92' 93 94 9S 96 97 98 99 100 101 102 1()3 104 lOS 106 107 6, 7 . 8, (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind , Flood or Homeowners' insurance, to become unavailable prior to Clos ing , Clos ing shall be extended a reasonable time up to 3 days after restoration of utilities and other services essentia l to Closing , and availab il ity of applicable Hazard , Wind , Flood or Homeowners' insurance . If restoration of such utilities or serv ices and availability of i nsurance has not occunred within (if left blank , then 14) days after Closing Date, than either party may tenminate this Contract by delivering written notice to the other party , and Buyer shall he refunded the Deposit, thereby re leasing Buyer and Seller from all further obligations under th i s Contract OCCUPANCY AND POSSESSION: (a) Unless the box in Paragraph 6(b) is checked , Se lle r shall, at ClOS in g , de live r occupancy and possession of the Property to Buyer free of tenants , occupants and future tenanc ies . Also , at ClOSing , Seller shall have removed all personal Items and trash from the Property and shall deliver all keys , garage door openers, access devices and codes , as applicable, to Buyer. If occupancy is to be delivered before Clos i ng , Buyer assumes all risks of loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date , and shall be deemed to have accepted the Property in its existing condition as of time of taking occupancy. (b) 0 CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING: If Property is s ubject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts and tenms thereof shall be disclosed in writi ng by Seller to Buyer and cop ies of the written lease(s) shall be delivered to Buyer, all within 5 days after Effective Date . If Buyer detenm ines, in Buye(s sale discretion , that the lease(s) or terms of occupancy are not acceptab le to Buyer, Buyer may tenmi nate this Contract by delivery of written notice of such election 10 Seller within 5 days alter receipl of the above items from Seller, and Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from alt further obligations under this Contract Estoppel Letter(s) and Sellers affidavit shall be prov ided pursuant to STANDARD D. If Property is intended to be occupied by Seller after Clos ing , See Rider U, POST -CLOSING OCCUPANCY BY SELLER, ASSIGNABILITY: (CHECK ONE): Buye r 0 may assign and thereby be released from any further liability under th is Contract; 0 may assign bul not he released from liability under this Contract; or 0 may not assign this Contract. FINANCING FINANCING : l!Q (a) Buyer will pay cash or may obtain a loan for the purchase of the Property . There is no financing contingency to Buye(s obli gation to close . o (b) This Contract is co ntingent upon Buyer obta i ning a written lo an commitment for a 0 conventional 0 FHA 0 VA or 0 other (d escribe) loa n on the following terms with in (if left blank, than 30) days after Effective Date ("Loan Commitment Date") for (CHECK ONE): 0 fixed, 0 adjustable, 0 fixed or adjustable rate loan in the Loan Amount (See Paragraph 2(c)), at an initial interest rate not to exceed % (if left blank, then prevailing rate based upon Buye(s creditworthiness), and for a tenm of [If left blank, then 30) years ("Financing "). Buyer shall make mortgage loan application for Ihe Financing within (if left blank, then 5) days after Effective Date and use good faith and diligent effort to obtain a written loan commitment for the Financing ("Loan Commitmen t') and thereafter to close this Contract. Buyer shall kee p Se ll er and Broker fully infonmed about the status of mortgage loan application and Loan Commitment and authorizes Buye(s mortgage broker and Buye(s le nder to disclose such status and progress to Seller and Broker. Upon Buye(s rece ipt of Loan Comm itment, Buyer shall provide written notice of same to Seller. If Buyer does not receive Loan Comm itment by Loan Commitment Date , then thereafter either party may cancel this Contract up to the earUer of: i. Buye(s delivery of written noti ce to Seller that Buyer has either received Loan Commitment or elected to waive the financing contingency of th is Contrac~ or ii. 7 days prior to Cl os in g Date If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the tenms of this Contract, Buyer shall he refunded the Deposit thereby releaSing Buyer and Seller from all further obligations under this Contract. If ne ither party has timely canceled th is Contract pursua nt to this Paragraph 8 , then this financing contingency shall he deemed waived by Buyer. 108 If Buyer de livers written notice of receipt of Loan Commitment to Seller and this Contract docs not thereafter close, the 109 Deposit shall he paid to Seller unless failure to close is due to: (1) Selle(s default; (2) Properly related conditions of the 110 Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3) 111 appraisal of the Property obtained by Buye(slender is insufficient to meet te nms of the Loan Commitment; or (4) the 112 loan is not funded due to financial failure of Buye(s lender, in which event(s) the Depos it shall be returned to Buyer, 113 thereby re~g Buyer and Seller from all further obligations under this Contract. Buye(s Inttlals ~ Page 2 of 11 Selle(s Initials AoridaRealtofUlFIoridaBar-ASIS-2 Rev.8113 02013 FJorida Realtors«! and The Florida Bar. All rights rese rved ---------- 490f61 135 - 114· 0 (C) Assumption of existing mortgage (see rider for terms). 11~ 0 (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). 116 CLOSING COSTS, FEES AND CHARGES 117 9. 118 119 120 121 12r 123 124 125 126 127 128 129 130 131 132 133 134 CLOSING COSTS; nnE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: (a) COSTS TO BE PAID BY SELLER: • Documentary stamp taxes and surtax on deed, if any • HOAlCondomlnlum Association estoppel fees • Owner's Policy and charges (If Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title • Title search charges (If Paragraph 9{c){Iii) is checked) • Seller'S attorneys' fees .Other.~~~~~~~ __ ~ ________ ~~~ ______ ~ __ ~ ______ ~~~~ ____ ~~ __ __ If, prior to Closing, Seller Is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount. Seller shall pay such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. (b) COSTS TO BE PAID BY BUYER: • Taxes and recording fees on notes and mortgages • Recording fees for deed and financing statements • Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Survey (and elevation certification. If required) • Lender's title policy and endorsements • HOAlCondominium Association application/transfer fees • Loan Expenses • Appraisal Fees • Buyer's Inspections • Buyer's attorneys' fees • All property related insurance • Owners Policy Premium (if Paragraph 9 (c) (Iii) is checked.) 1~· .O~er..~==~~~~~~~~~~ ________ ~~~~~ __ ~~ __ ~~~~~~ __ ~~ 1~ (c) nnE EVIDENCE AND INSURANCE: At least (If left blank, then 5) days prior to Closing Date, a title 137 insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as 138 exceptions attached thereto ("Title Commitmenf') and, after Closing, an owner's policy of title insurance (see 139 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance 140 covering the Real Property I a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date. 141 The owner's title policy premium, title search, municipal lien search and closing services (collectively, ·Owner's 142 Policy and Charges") shall he paid, as set forth below 143 (CHECK ONE): 144· 0 (i) Seller shall designate Closing Agent and pay for Owner's POlicy and Charges (but not including charges for 145 closing services related to Buyer's lender's policy and endorsements and loan closing, which amounts shall be paid 148 by Buyer to Closing Agent or such other provider(s) as Buyer may select); or 14r 0 (ii) Buyer shall designate Closing Agent and pay for Owner's Polley and Charges and charges for closing 148 services related to Buyer'S lender's policy, endorsements, and loan closing; or 149'" 0 (iii) [MIAMI-DADEIBROWARD REGIONAL PROVISION}: Seller shall furnish a copy of a prior owner's policy of 150 title insurance or other evidence of title and pay fees for. (A) a continuation or update of such title evidence, which 151 is acceptable to Buyer'S title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien 152 search. Buyer shall obtain and pay for post-ClosJng continuation and premium for Buyer's owner's policy. and If 153-applicable, Buyer's (ender's policy. Seller shall not be obligated to pay more ~an $ (if left blank, 154 then $200.00) for abstract continuation or title search ordered or performed by Closing Agent 155 (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense. have the Real Property surveyed and 156 certified by a registered Florida surveyor ("Surveyn). If Seller has a survey covering the Real Property, a copy shall 157 be furnished to Buyer and Closing Agent within 5 days after Effective Date 158-(e) HOME WARRANTY: At Closing, 0 Buyer 0 Seller 0 N/A shall pay for a home warranty plan issued by 159" at a cost not to· exceed $ . A home 160 warranty plan provides for repair or replacement of many of a home's mechanical systems arid major bullt;'ln 161 appliances in the event of breakdown due to normal wear and tear during the agreements warranty period. 162 (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (0 the full amount of liens imposed by a public body 163 ("public body" does not include a CondomInium or Homeowner's Association) that are certified. conflrmed·and 164 rafi1jed before Closing; and (Ii) the amount of the public body·s most recent estimate or· assessment for an 165 improvement which is substantially complete ~s of Effective Date. but th~t has not resulted in .a lIen·.being. imposed 168 onthe.Property before Closing. Buyer shall pay anoth~ra~~nts.lfspecia' a~m~ntsmay·~·paId In . 167 installments (CHECK ONE): 188 0 '(a) Seller shall pay lnstallmtmlS due' prior tQ Closing and Buyer ~haUpay·~tallniel\ts:~ue alter·ClOslng. 189ln~nmentsprepaid or due fodheyear of Closing ~hCiIl;be prorated. . 170-O· (b) $eller shall pay the assessment(s) infUlI priQr;'t9:or:~tffe!time.of:·.QrQ§rng~ 171 _. II='~BOX ISGHECKl:D, THEN OPlIONo,(:} ~1:lAI;1-'B.~:PEEM~.~.a.~~~e.LE ... CjE~i Buyers 1~ltlal~ ... 1 '. .. . ~:3'!of1~ S9lte(S'!'hltls ._. _ .... _ .. _. _ .. FIoridaRsal~~' '. • . S-2 R8V.lJI1;H~2,01~~R~~ff~i~ •. ~tmilltS~~r .. --" ... --.--~~~~ 136 172 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district (COD) 173 pursuant to Chapter 190. F.S., which lien shall he prorated pursuant to STANDARD K. 174 DISCLOSURES 175 10. DISCLOSURES: 176 (a) RADON GAS: Radon is a naturally occurring radioactive gas that. when it is accumulated in a building in sufficient 1n quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal 178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon 179 testing may be obtained from your county health department 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 181 does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have not been property closed. 183 (c) MOLD: Mold Is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 184 desires additional information regarding mOld, Buyer should contact an appropriate professional 185 (d) FLOOD ZONE; ELEVAnON CERTIFICAnON: Buyer is advised to verify by elevation certificate which flood zone 186 the Property is In, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving 187 the Property and rebuilding in the event of casualty. If Property is In a "Special Aood Hazard Area-or -Coastal 188 Barrier Resources Acf' designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service 189 under the Coastal Barrier Resources Act and the lowest floor elevation for the buUding(s) and lor flood insurance 190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood 191· Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within (if left 192 blank. then 20) days after Effective Date. and Buyer shall be refunded the Deposit thereby releasing Buyer and 193 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of buildings and 194 flood zone designation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert- 195 Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primalY structures 198 (residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation 197 certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 199 required by Section 553.996. F .S. 200 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is 201 mandatory. 202 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXecUTE THIS 203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOClAnONlCOMMUNITY 204 DISCLOSURE, IF APPUCABLE. 205 (h) PROPERlY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 206 PROPERlY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBIUGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 209 PROPERlY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 211 (I) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a -roreign person-as defined by the 212 Foreign Investment in Real Property Tax Act ("FIRPTA"), Buyer and Sellershall comply with FIRPTA, which may 213 require Seller to provide additional cash at Closing. If Seller is not a "foreign persona, Seller can provide Buyer, at or 214 prior to Closing, a certification of non-foreign status, under penalties of. perjury, to inform Buyer and Closing Agent 215 that no withholding is required. See STANDARD V for further Information pertaining to FIRPTA Buyer and Seller 216 are advised to seek legal counsel and tax advice regarding their respective rights. obligations, rePQrtingand 217 withholding requirements pursuant to FIRPTA. 218 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not 219 readily observable and which have not been disclosed to Buyer. Except as provided for in·the preceding sentence, 220 Seifer extends and intends no warranty and makes no representation of any type, either express or implioo, as to 221 the physical conditi.on or history of the Property. Exceptas otherwise disclosed in writing Seller has 'received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, . 223 envIronmental, or safety code violation. 224 ~R()PERTY ft!IAlNTENANCE, CONDm~N, INSPECnON$ANJ):~~INAJlONS 225 1'1.P~QPt:R1YMAINTENA.NCE: Except for 'ordlnary wear and' tear and Casualty LosS~ ~~lIe.r sl1all maIntain· the. Property, ~ ;1~CJu~Jrig,.·but~~llfrri~ Jp.lawn~ shrubbery, and pool, intti~·C9ndltfon.8Xlstirig a~ofEffeCtive,Date,(·AS.l~ "¢i .M~fnt~n'~ RegLll~l)r). !!IIYlII'rMii~!i'-Q. ..,-, -. . -.... ..Page!l of H . . ~ll!IJ'jI'I~Hl!!1§...:..· . ~--~~ =-........;;~_ '~~~1~.2~~;8118.~~13 FJOrfda ~andTbeFlOrf~:B8t.A11 rJghts tese~: -,.,. 5fOfet .. -.. --------.---------.-------------~.--~-.---- 137 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 22s-(a) PROPERTY INSPECnON AND RIGHT TO CANCEL: Buyer shall have (If left blank. than 15) days 230 after Effective Date ("Inspection Period") within which to have such Inspections of the Property pedormed 231 as Buyer shall desire during the Inspection Period. " Buyer determines, In Buyer's sole discretion, that the 232 Property Is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such 232 electlonto Seller prior to expiration of Inspection Period. "Buyer timely terminates this Contract. the 233 Deposit paid shall be returned to Buyer, the18upon, Buyer and Seller shall be released of all further 234 obligations under this Contract; however, Buyer shall be responsible for prompt payment for such 235 Inspections, for repair of damage to, and teStoration of, the Property resulting from such Inspectlons, and 237 shall provide Seller with paid receipts for all work done on the Property (the preceding provision shall 238 survive termination or this Contract). Unless Buyer exercises the right to terminate granted herein, Buyer 239 accepts the physlcalcondltlon of the Property and any violation of governmental, bulldlng, environmental, 240 and safety codes, restrictions, or requirements, but subject to Seiler's continuing AS IS Maintenance 241 Requirement, and Buyer shall be responsible for any and all repairs and Improvements required by Buyer's 242 lender. 243 (b) WALK-THROUGH INSPECTlONIRE-INSPECTlON: On the day prior to ClOSing Date, or on Closing Date prior to 244 time of Closingi as specified by Buyer, Buyer or Buyer's representative may perform awalk-through (and follow-up 245 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the 246 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement 247 and has met all other contractual obligations 248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of 249 the Property identifies open or needed building permits, then Seller shall prompUy deliver to Buyer all plans, written 250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the 251 Property which are the subject of such open or needed Permits. and shaU promptly cooperate in good faith with 252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's 253 obligation to cooperate shall Include Seller's execution of necessary authorizations, consents, or other documents 254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling 255 such obligation, Seller shall not he required to expend. or become obligated to expend, any money. 256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost. 257 Seller will, at Closing. assign all aSSignable repair, treatment and maintenance contracts and warranties to Buyer. 258 ESCROW AGENT AND BROKER 259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively -Agenr) receiving the Deposit. other funds and 260 other items is authorized, and agrees by acceptance of them, to deposit them prompUy, hold same in escrow within the 261 State of Florida and, subject to COLLECTION, disburse them In accordance with terms and conditions of this Contract. 262 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the 263 Deposit are received, or Agent has a good faith doubt as to entiUement to the Deposit, Agent may take such actions 284 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under thls 2&5 Contract. Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its 266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or 2B7 Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 268 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concelT!ed of such 269 action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously 210 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as 211 amended and FREC rules to timely resolve escrow disputes through mediation. arbitration. interpleader or an escrow 272 disbursement order. 273 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 214 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's 275 fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent Agent shall not he 278 liat?le ,to any party or person for mls-delivery of any escrowed Items, unless such mis-delivery is due to Agents willful 217 breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this 278 Contract. 279 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to venly Property condition. square 280 foQtage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals 281 for legal. tax. environmental, and other specialized advice concerning matters affecting the Properly and the transaction 282 CQntemptatedby this Contract. Broker represents to Buyer that Broker does not reside on the Property and that aU ~ rep~,ntations (oral, written or otherwise) by Broker are ~sed on Seller representationsor,publlc re~rds. BUYER 284 AGREE$ TO RJ:LY SOLELY ON SELLER, PROFESSIONA.~INSPECTORS'AND GOV~RNNENTALAGENCIES 285 1=ORVERIfICAnON OF PROPERTY CONDmON, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT 2sa PROPERTY VALUE AND NOT ON TH~REPRESENTAlIONS (ORAL, WR,mEN O~,QTH~RWI$E) OF BROKER ~,uyer$I~1tiaJs -.1il ' . . .' ~ge 5 of'1,1. . Seifer's Initials ________ _ ,~~-:ASIS-2 RoV.Bl1~~,2Q1S' FJorlda ReaHo~ari~~rldaBar. ,AU rt9tlts reserved --138 '87 Buyer and Seller (individually, the 'indemnifying Party") each individually indemnifies, holds harmless, and releases '88 Broker and Broker's officers, directors , agents and employees from all liability for loss or damage, including all costs '" and expenses , and reasonable attorney 's fees at all levels, suffered or incurred by Broker and Broker'S officers, 290 directors, agents and employees in connection with or arising from claims, demands or causes of action instttuted by 291 Buyer or Seller based on : (I) inaccuracy of information provided by the Indemnifying Party or from public records ; (ii) 292 Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at 293 Indemnifying Party 's request, of any task beyond the scope of services regulated by Chapter 475, F.S ., as amended , ,.. including Broker'S referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) 295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by 296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective 297 vendors and paying their other costs under th i s Contract whether or not this transaction closes. This Paragraph 14 w ill "'. not relieve Broker of statutory obligations under Chapter 475, F.S ., as amended . For purposes of this Paragraph 14 , m Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. 300 DEFAULT AND DIBPUTE RESOLUTION 301 15. DEFAULT: 30' (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under th i s Contract, including 303 payment of the Deposit, within the time(s) specified , Seller may elect to recover and retain the Deposit for the 304 acccunt of Seller as agreed upon liquidated damages, consideration for e xecution of this Contract, and in full 305 settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this 306 Contract, or Seller, at Seller'S option , may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights 307 under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split 308 equally between Listing Broker and Cooperating Broker, provided however, Cooperating Broker's share shall not be 309 greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. 310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable 311 diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to 312 receive retum of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach , 313 and , pursuant to Paragraph 16 , may seek to recover such damages or seek specifiC performance. 31' This Paragraph 15 shall survive Closing or termination of this Contract 315 16. DISPUTE RESOLUTION: Unresolved controversies . cla ims and other matters in question between Buyer and Se ller 318 arising out of, or relating to, this Contract or its breach , enforcement or interpretation ('Dispute') will he settled as 317 follows : 318 (a) Buyer and Seller will have 10 days afier the date conflicting demands forthe Deposit are made to attempt to 319 resolve such Di spute, fa iling which , Buyer and Seller shall submi t such Dispute to mediation under Paragraph 320 16(b). 321 (b) Buyer and Seller shall attempt to settle Disputes in an am icable manner through mediation pursuant to Florida 322 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the 'Mediation Rules'). The 323 mediator must be certified or must have experience in the real estate industry . Injunctive relief may he sought 324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be 325 resolved by instituting action in the appropriate court having jurisdiction of the matter. Th is Paragraph 16 shall 326 survive Closing or termination of this Contract. 327 17. ATTORNEY'S FEES; COSTS: The parties will spl it equally any mediation fee incurred in any mediation permitted by 32. this Contract, and each party will pay the ir own costs, expenses and fees , including attomey's fees , incurred in 329 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover 330 from the non-prevailing party costs and fees , including reasonable attomey's fees , incurred in conducting the litigat ion . 331 This Paragraph 17 shall survive Clos ing or termi na tion of th is Contract. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 333 18. STANDARDS: 334 A. TITLE: 335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph 338 9(c), the ntle Commitment, with legible cop ies of instruments listed as exceptions attached thereto, shall be issued and 337 delivered to Buyer. The ntle Commitment shall set forth those matters to he discharged by Seller at or before Closing 338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the 339 Purchase Price, shall he issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the 340 following matters : (a) comprehensive land use plans, zoning , and other land use restrictions, prohibitions and '" requirements imposed by govemmental authority; (b) restrictions and matters appearing on the Plat or otherwise 34' common to the subdivision ; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 343 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear '" or front Lin nd 7 112 feet in width as to side lines); (e) taxes for year of Closing and subsequent years; and (I) Buyer's Initials _ Page 6 of 11 Seller's Initials _______ _ AoridaRealtor5lFIorid r·ASIS-2 Rev.8I13 02013 Florida Rea ltors® andSllWElbrida Bar. All rights reserved L-------------------------------------------~-=~--------------139 .. STANDARDS FOR REAL ESTATE TRANSAC'nONS (USTANDARDSD) CONTINUED 34S assumed mortgages and purchase money mortgages. if any (if additional items. attach addendum): provided. that. 346 none prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of tenns Identified 347 in (b) -(f) above. then the same shall be deemed a title defect. Marketable We shall be detennined according to 348 applicable Title Standards adopted by authority of The Florida Bar and in accordance with taw. 349 (ii) TITLE EXAMINA nON: Buyer shall have 5 days after receipt of Trtle Commitment to examine it and notify Seller in 350 writing specifying defect(s}. if any. that render title unmarketable. If Seller provides TiUe Commitment and it is deUvered 351 to Buyer less than 5 days prior to Closing Date. Buyer may extend Closing for up to 5 days after date of receipt to 352 examine same In accordance with this STANDARD A. Seller shall have 30 days rCure Period ll ) after receipt of Buyer's 3S3 notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller. Buyer shall be deemed to 3S4 have accepted title as it then is. If SeUer cures defects within Cure Period. Seller will deliver written notice to Buyer (with 35S proof of cure acceptable to Buyer and Buyer's attorney) and the parties win close this Contact on Closing Date (or If 356 ClOSing Date has passed. within 10 days after Buyer's receipt of Seller's notice). If Seiter is unable to cure defects 357 within Cure Period. then Buyer may. within 5 days after expiration of Cure Period. deliver written notice to Seller: (a) 358 extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use 3S9 reasonable diligent effort to remove or cure the defects rExtended Cure Period-); or (b) electing to accept title with 360 existing defects and close this Contract on Closing Date (or If Closing Date has passed. within the earfier of 10 days 361 after end of Extended Cure Period or Buyer's receipt of Seller's notice). or (c) electing to tenninate this Contract and 362 receive a refund of the Deposit. thereby releasing Buyer and Seller from all further obligations under this Contract If 363 after reasonable diligent effort, Seller is unable to timely cure defects. and Buyer does not waive the defects. this 364 Contract shall tenninate. and Buyer shall receive a refund of the Deposit. thereby releasing Buyer and Seller from all 365 further obligations under this Contract 366 B. SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach 367 on setback lines. easements. or lands of others. or violate any restrictions. covenants. applicable governmental 368 regulations described in STANDARD A (ij(a). (b) or (d) above. Buyer shall deliver written notice of such matters. 369 together with a copy of Survey. to Sellerwithin 5 days after Buyer's receipt of Survey. but no later than Closing. If Buyer 370 timely delivers such notice and Survey to Seller. such matters identified in the notice and Survey shall constitute a title 371 defect. subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall. at Buyer's 372 request. execute an affidavit of -no change-to the Real Property since the preparation of such prior survey. to the 373 extent the affinnations therein are true and correct 374 C.INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the 375 Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 376 D. LEASE INFORMATION: Seller shall. at least 10 days prior to ClOSing. furnish to Buyer estoppel letters from 377 tenant(s)/occupant(s) specifying nature and duration of occupancy. rental rates. advanced rent and security deposits 378 paid by tenant(s) or occupant(s) rEstoppel Letter(s)-). If Seller is unable to obtain such Estoppel Letter(s). the same 379 infonnation shall be furnished by Seller to Buyer within that time period in the fonn of a Seller's affidavit, and Buyer may 380 thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or SeUers affidavit, if any. 381 differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 6. or if tenant(s)/occupant(s). 382 fail or refuse to confinn Seller's affidavit. Buyer may deliver written notice to Seller within 5 days after receipt of such 383 infonnation. but no later than 5 days prior to ClOSing Date. tenninating this Contract and receive a refund of the Deposit, 384 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller shall. at Closing. deliver and 385 assign all leases to Buyer who shall assume Seller's obligations thereunder. 388 E. UENS: Seller shall furnish to Buyer at Closing an affidavit attesting (I) to the absence of any financing statement. 387 claims of lien or potentiallienors known to Seller. and (ti) that there have been no Improvements or repairs to the Real 388 Property for 90 days immediately preceding Closing Data. If the Real Properly has been Improved or repaired within 389 that time. Seller shall deliver releases or .waivers of construction liens executed by all general contractors. 390 subcontractors. suppliers and materialmen In addition to Seller'S lien affidavit setting forth names of all such general 391 contractors. subcontractors, suppliers and materialmen. further affinnlng that all charges for improvements or repairs 392 which could serve as a basts for construction lien or a claim for damages have been paid or will be paid at Closing. 393 F. 'TIME: Calendar days shall be used In computing time periods. TIme Is of the essence In this Contract 3S4 Other than time for acceptance and Effective Date as set forth in Paragraph 3. any time periods provided for or dates 395 specified In this Contract. whether preprinted, handwritten. typewritten 'or inserted herein, which s~an end or occur on a 398 Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) sh~\1 extend to 5.00 p.m. (where the Property is 397 I~) of the next business day. 3986. fORCE MAJEU~: Buyer or Seller .hall not be required to perfor(nanyobligation under thls Contract or be liable 399 'tq'each other (Or damages so long as performance or non-performa~~fitlie~1igatfon.is delayed .. caused or 400 p~'leil~by Force Majeure. -Force NiajeureW means: hurrfcanes~ earthquak8s!floods.,fi~. acts of~~. unusual 401 :~~portatiori delays-wars, Insu~()~ a~ oftelT9ris~ •. and, any.other, ~use not ~nably w~tn,control·ofBuyer 4Q2 Qf~Uer.·andWhlch. by: exercl~.o.f'~nable ~~ff.It~nt:'lffprtth,~.:n9n1~!fgs:mI~~"ity·~ ~n~lejn!lh.o~.9.rin partto 403 1p..mV~Qr ,oVercOme.AlJ.tim"~~rlQd~t~If\c;Jltdln9;!3l~Jng'ga~~,w.1I.1;Il~~~D~~fQJ;i1Il~:!~Ji~~tht¢',~eIF~~~~~Jeure ~ .. !~.·.~.}.e ~V.~~ncieUild .. er,thiS'~.'R~.¥.I.,. rt .. ~.~~:;~~.~.'.:.:~:.~ .• :!ffi.,~.qChi'RP~':~ .. ~._~.~.re.~';~.,ilJJnJJ~;tD'~p~)I~nt.perro. 'nnan. ce' Buyefs:liijJia~-,,-. "'.: u • • '@9~f~Qfi1"1 ~e)r@J!~Jnl~~lsk' -_... . ----.' " . ~Bar~S-,2 ~.~~:lIP.~013\~~iR~.1f~~iBJmi~~~ffl§itW~\ ... -.'-- 140 STANDARDS FOR REAL ESTATE TRANSACTIONS (CiSTANDARDS") CONTINUED 405 under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering 406 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract. 408 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal 409 representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in 410 STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by absolute 411 bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 412 I. CLOSING LOCA TlONi DOCUMENTS; AND PROCEDURE: 413 (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attorney or 414 other closing agent (·Closlng Agenr) designated by the party paying for the owner's policy of title insurance, or, if no 415 title Insurance, designated by Seller. Closing may be conducted by mall or electronic means. 418 (iI) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, bill of sale, 417 certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's 418 possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all work 419 done on the Property pursuant to this Contract. Buyer shall fumish and pay for, as applicable the survey, flood 420 elevation certification, and documents required by Buyer's lender. 421 (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 422 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing 423 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing 424 funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller. 425 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for 428 insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and 427 closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent tor a period of not 428 more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, 429 within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such 430 notification to cure the defect; (3) if Seller falls to timely cure the defect, the Deposit and all Closing funds paid by Buyer 431 shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment 432 Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to Seller by special 433 warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the DepoSit, Buyer shall take 434 title as is, waiving all rights against Seller as to any intervening defect except as may he available to Buyer by virtue of 435 wananties contained in the deed or bill of sale. 436 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the 437 day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes (including 438 special benefit tax assessments imposed by a COD), interest, bonds, association fees. insurance, rents and other 439 expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable. in which event 440 premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be 441 made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow 442 deposits held by Seller's mortgagee will be paid to SeUer. Taxes shall be prorated based on current year's tax with due 443 allowance made for maximum allowable discount. homestead and other exemptions. If Closing occurs on a date when 444 current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such 445 assessment and prior years millage. If current year's assessment is not available. then taxes will he prorated on prior 448 year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing. which 447 improvements were not in existence on January 1 lit of prior year, than taxes shall be prorated based upon prior year's 448 millage and at an equitable assessment to be agreed upon between the parties. failing which, request shall be made to 449 the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration 450 based on an estimate shall, at either party's request, be readjusted upon receipt of current years tax bill. This 451 STANDARD K shall survive Closing. 452 L ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall. 453 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections. Including a walk- 454 through (or follow-up walk-through It necessary) prior to Closing. 455 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by firm or other casualty 456 .rcasualty Loss·) and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not 457 exceed 1~5% of Purchase Price, cost of restoration shall be an obligation of Seller and ClOSing shall proceed pursuant 458 to ~nns:of this Contract If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to 459 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual.cost of restoration 460 exceeds escrowed amount. Seller shall pay such actual costs (but, nolln excess of ,.5% of Pur$ase Price). Any 481 ~nuSed portion of escrowed amount shall be returned to Seller. If Cost of restoration ~ceeds 1.5% of Purchase Price, 462 'l;Juyersh.1I elect· to either take Property "as is" togetherwiththe·1.5%. or~Ive a refund of the Oeposlt, thereby 483 ·tQi~asii1g:Buyer and Seller from all further obligations under this Contract. Seller's ~Ie obllgatlon:wlthreSpectto tree .. ~~.Z~. or other naturalOCCU. rrenee shall be cost of pruning or removal. .. ' ' ~uy~.:~! ln~"'s... '~'. . . '. . p.ag~_ 8., ,9. f.1 ~ S. eller's I~ltials FIO~' _" 1S;2 Rav,8113.·.020.13Fl9~~R~~~~I.M"I~~.~. ~I,rfghtsreserved .~--~ 141 465 466 467 468 469 470 471 472 473 474 475 476 4n 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 521 522 523 STANDARDS FOR REAL ESTATE TRANSACTIONS C"STANDARDS",'CONTINUED N. 1031 EXCHANGE: If either Seller or Buyer wish to enter Into'a like-kind exchange (either simultaneously-with Closing or deferred) under Section 1031 of the Internal Revenue Code (-Exchange"); the other party shaD cooperate In all reasonable respects to effectuate the Exchange, Including execution of documents; provided, however, cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent upon, nor extended or delayed by, such Exchange .• O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELNERY; COPIES;.CONTRACT EXECUnON: Neither thts Contract nor any notice of it shall be recorded.ln.any public records. This Contract shall be binding on, and Inure to the benefit of, the parties and their respective heirs or successors In interest Whenever the Context permits, singular shall Include plural and one gendershall Include all. Notice and delivery ,given by or to the attorney or broker (including such Broker's real estate licensee) representing any party shall be as effective as if given by or to that party. AU notices must be in writing and may be made by mail, personal delivery Qr electronic (including -pdfj media. A facsimile or electronic (Including -pdF) copy of this Contract and any signatures, hereon shall be considered for all purposes as an original. This Contract may be executed by'use of electronic signatures. as determined by Florida's Electronic Signature Act and other applicable laws; P. INTEGRAnON; MODIFICAnON: This Contract contains the full and complete understanding and agreement of Buyer and Seller with respect to· the transaction contemplated by this Contract and no prior agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to 'or change in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be bound by it Q. WAIVER: Failure of Buyer or Seller to Insist on compliance with, or strict performance of, any provision of this Contract. or to take advantage of any right under this Contract. shall not constitute a waiver of other provisions or rights. R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITIEN PROVISIONS: Riders, addenda, and typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them. S. COLLECTION or COLLECTED: "COLLECnON" or "COLLECTED" means any'checks tendered or reCeived, Including Deposits, have become actually and finally collected and deposited In the ac:countof Escrow Agent or Closing Agent. Closing and disbursement of funds and delivery of closing documents may be delayed by Closing Agent until such amounts have been COLLECTED InClosing Agent's accounts. T. LOAN COMMITMENT: "Loan Commltmenr means a statement by the lender setting forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre-approval letter nor a prequalification letter shall be deemed a Loan CommItment for purposes of this Contract. U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of Florida and venue for resolution of-all disputes, whether by mediation, arbitration or litigation, shall'lIe in the county where the Real Property is located. v. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT rFIRPTA"): If a Seller of U.S. real property is a "foreign person-as defined by FIRPTA, Section 1445 of the Intemal Revenue Code requires the buyer of the real property to withhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Revenue Service (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding Certificate from the IRS authorizing a reduced amount of withholding. Due to the complexity and potential risks of FIRPTA, Buyer and Seller should seek legal and tax advice regarding compllancej particularly if an,aexemption~ Is claimed on the sale of residential property for $300,000 or less. (I) No withholding is required under Section 1445 if the Seller is not a '1oreign person", pro,.,ded Buyer accepts proof of same from Seller, which may Include Buyer's receipt of certification of non-forelgn status from Seller, signed under penalties of pe~ury, stating that Seller Is not a foreign person and containing Seller's n'ame, U.S. taxpayer identification number and home address (or office address, In the case of an entity), as provided for in 26 CFR 1.1445-2(b}. Otherwise, Buyer shall withhold 10% of the amount realized by SeUer on the transfer and timely remit said funds to the IRS. (Ii) If Seller has received a Withholding Certificate from the IRS which provIdes for reduced or eliminated withholding in this transaction and provides same to Buyer by Closing, then Btiyer shall withhold the reduced sum, if~riy required, and timely remit said funds to the IRS. (iii) If prior to ClOSing Seller has submitted a completed application to theiRS for a WlthholdlngCertiflcate,and has provided to Buyer the notice required by 25 CFR 1.1445-1 (c) (2)(ij(B) but no 'Withholding Certificate has been received as of ClOSing, Buyer shall, at Closing, withhold 10% of the amount realized by'Selter'on:the tran'Sfer aod, ~t'$uyer's option, either (a) timely remit the withheld funds to the IRS or (b) pl~C$'the fiinds in escn;»\Y. atSeUer'$ e~nset with an ~ agent ~elected by Buyer ~nd pursuant to ,term$oegQ~atedljy ~e ~~,es, tob~t?ubsequcently.'~is~u~i~ , ,- ~ccord~ncewith the W~holdlng eertlficate issued by,the IR~ or ~mltted dlrec:tiy to;th~'IRS iU'~e§elle(.,sappllca.~n,ls rej~d or upon terms set forth lri.the escrow agreement ltV) In the eVelJt the ni!t,proceeds due Seller~re not $U'!i~enljo:~~"the:Wi\hhold(ng' fequf~ment($l: In. th~'tn!ns.actfont; ~~Ier sha,JI,dellver to ,Buyer, ',at Clo.ing, ,the,adclttIon~',Q(i)LLI:C~Q '~n~~n.~iY.,tp~~~itlfe),pp.Jl~j)le1 .• , ~ iequii1!ment and the~ Buy~~hall tlm~ ~~it ~td:f.un~~,~:tI1e~JR&.pr,~\tIl~1~n,~$~fQf'JI~g~~4It iaC;cordanr;.: the finill d~rmln8JiortoftheIRS.,a~':a~p'l~bJ@- -I Buye(s~lnlJi~ls,:, -.. --. .. ,~ige!9i;ofi'~1! .'. ...... ~SelljJ1s',\truttilii ~tD~-M1S.2· ReY~~~'201~FIorfdii~~,~~~"~~lilif~I"-"'~'~~~~1:- 142 • STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 525 (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 8288 528 and 8288-A, as filed . 527 W. RESERVED 528 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and 529 against any real estate licensee Involved in the negotiation of this Contract, for any damage or defects 5JO pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This S32 provision does not relieVe Seller'S obligation to comply with Paragraph 10(j). This Standard X shall survive 533 Closing. S34 ADDENDA AND ADDITIONAL TERMS 535 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 538' Contract (Check If applicable): o A . Condominium Rider 0 M. Defective Drywall o B. Homeowners' Assn . 0 N . Coastal Construction Control Line o C. Seller Financing 0 O . Insulation Disclosure o D. Mortgage Assumption 0 P . Lead Based Paint Disclosure o E. FHNVA Financing (Pre 1978 Housing) o F. Appraisal Contingency 0 Q . Housing for Older Persons o G. Short Sale 0 R. Rezoning o H . Homeowners'IFlood Ins . o S. Lease PurchaserlLease Option o I. RESERVED o T . Pre-Closing Occupancy by Buyer o J . Interest-Bearing Acc!. o U. Post-C losing Occupancy by Seller o K. RESERVED o V . Sale of Buyer's Property o L. RESERVED o W. Back-up Contract o X. Kick-out Clause o Y . Sellers Attorney Approval o Z. Buyer's Attomey Approval o AA .Licensee-Personallnterest in Property o BB . Binding Arbitration o Other _______ _ 537' 20 . ADDtTIONAL TERMS: ADMINISTRATION FEE: BuyerlSelier agrees to pay Realty3000, Inc. an 538 Administration fee in the amount of $195.00 at the clOSing of this Contract. 53. 54' 54 1 542 543 544 545 546 547 54' 54. 5SO 551 552 553 SS4 COUNTER-OFFERIREJECTION 555' 0 Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver S56 a copy of the acceptance to Seller). 557' 0 Seller rejects Buyer's offer. 558 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF SSg AN ATTORNEY PRIOR TO SIGNING. S60 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 56 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any. of the terms and 56~ conditions in this Contrac~should be accepted by the parties in a particular transaction. Terms and condItions should be 563 negotiated ba~n the respective interests, objectives and bargaining POSitIons of al/ Interested persons. Buyer's Initials Page 10 of .11 . Seller'S Imtials ___ _ FloridaRealtOf'SlFlorida -ASIS-2 Rev.8I13 (> 2013 Florida Reallors® anctm1llSibrida Bar. All nghts reserved 143 - 564 A ASTERISK (0) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE 56' C OM PLETED. S60 :~, Buyer. Q\c.\"'\,JE\ C ... 5>~;\~ 56' 57. ~lC) Date: (\ '?' ,\ <-\ I ;;1.0 ~ \ '" 572 ~'B~yer. ____________________________________________________ _ "4 575 57. 577 " .. Seller. ___________________________ _ '" ... .. , S82 '83' Se ller. ___________________________ _ , .. Date: _________ _ Date: ______ _ Date: ____________ _ '" Bw ye(s address for purposes of notice .... I d.<l..g!;' $:"':\\o", blvd Selle (s address for purposes of notice .. .,. S a"') 12\e9,O c.e-:g£: \ 3 \ .... ---------.:....---------------------589 590 B OKER: Listi ng and Cooperating Brokers, if any , named below (co lle ctively, "Broke"), are the only Brokers entitled to 59 1 co mpensation in connection with this Contract. Instruction to Closing Agent Seller and Buyer direct Closing Agent to 592 disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties 593 an d cooperative agreements between the Brokers , except to the extent Broker has retained such fees from the escrowed 594 fu nd s. This Contract shall not modify any MLS or other offer of compensation made by Seller or Listing Broker to 595 Ccl operating Brokers. 596 "" ~--~~~-~-~--,,.,..,------ 59. Cooperating Sales Associate, If Any 59 , ~~-~-~~~~------- 50' Cooperating Broke r, If Any Listing Sales Associate Listing Broker Page 11 of 11 Selle(s Initials _______ _ Bu ye(s In~ials W Ao ridaR:ea ltorsIFk>ridaBar-ASIS:-2 Rev .8113 C 2013 Florida Reatto~ and The Florida Bar. All nghts reserved 660f61 144 9 • -------- STATE OF FLORIDA ) COUNTY-()F MIAMI-DADE ) ) NON COLLUSION AFFIDAVIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021 -4400 SW 60 Place __ rtl ____ " __ "'_v ..... e;_..\---.;ICp__..."a..;5\;...&_: \ __ \_~_. ________ .being first duly swam. deposes and states that: (I) HelShe/They Is/are the_ (Owner, Partner, Officer, Representative or Agent) of _m.:....;...;...,;;~..;;:;t'\ __ v~e"'\_cO':-=:.a.~;:::~~; \_\..-....;O-~ _____ the Respondent that has submitted the attached Proposal; He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of (2) all pertinent circumstances concerning such Proposal; SUch Proposal is genuine and is not 8 collusive or sham Proposal; (3) Neither the said Respondent nor any of Its officers, partners, owners, agents, representatives, employees or (4) parties in Interest. Including this affiant. have In any way colluded, conspired, coMived or agreed. dlrectly or indirectly, with any other Respondent. firm. or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from BiddIng or proposing in connection with such Work: or have In any manner, directly or indirectly. sought by agreement or collusion, or communication. or conference witb any Respondent, finn, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent. or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy. connivance. or unlawful agreement any advantage against (Recipient). or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion. (5) conspIracy, connivance, or unlawful agreement on the part of the Respondent or any other of Its agents, representatives, owners, employees or parties of interest, Including this affiant. Signed. sealed· and delivered in the presence of: STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ~ ("\0\."'-\oJ e \ Co.. ~ -\ ~ \ \" Print Name and Title Date ~ \ 4L 2..0 '2...J ACKNOWlEDGEMENT On this the ~ day of Apr, 1 , 20~ before me. the undersigned Notary Public of the State of Florida, personally appeared (Narne(s) of Individual(s) who appeared before notary) _and whose name(s) is/are Subscribed to the within Instrument, and he/she/they acknowledge that heJsheithey executed it. ~~ WITNESS my hand and official seal. RFP for sale and Purchase of CIty Property 15 of 61 145 NOTARY PUBLIC: SEAL OF OFFICE: Notary PubHc, State of florida (Name of Notary PubHc: PrInt. Stamp or type as ccrnmJssfon8d.) _ (fersonally known to ~r _ Personal identification: Type of Identification Produced _ Did take an oath. or V Did Not take an oath. RELATED PARlY TAANSACnON VERlACATION FORM SALE AND·~RCHASE OF CITY PROPERTY RFP #f;SM2D21 -4400 SW 60 Place I mAbUe..' ~S \ ~ \\ 0\.. , indMdual1y and on behalf of. N A rnm, have Nsme of Representstlve CompanyNendor/Entity read the City of South Miami (·Cttyj's Code of ethics, Se:tfon SA-1 of:the CIty'$ Code of OrdInances and I hereby certify, under penalty of perjury that to the best of my knowtedge, Infonnatlon and belief: (1) neither I nor the Rrm have any conflict of fqterest (as defined in section SA-') with regard to the contract or business that " and/or the Rnn, am(are) aboIIt to perform for, or to transact with, the City. and (2) neither I ncr any employees, officers, directors of the Arm, nor anyone who has a flnanciallnterest greater than 5% In the Finn, haS any re1atIve(s), as defined In ~i)J18A-1, who Is an employee of the City or who Is(are) an appointed or eJmted official of the City,: or who fs(are) 8 meQi~· of any public body created by the CIty Commlsston, I.e., a board or committee of the City, [willie the ethics code atnlapplles. If the person executing thIs form Is doIng so on behalf of a firm whose stqck Is pubHcIy traded, the statement In this section (2) shall be based solely on the signatory's personal knowledge and be/she Is :not required to make an independent investigation as to the relationship of employees or those who have a financial Interest In the Firm.); and (3) neither I nor the Arm, nor anyone who hasaftnanclallnterest greater than 5% in the Arm, nor any member of those persons' immediate family O.e., spouse, parems ... chUdren, brothers and sisters) has transacted or entered into any ccmtract(s) with the City or has a financfallntereSt, dJrect or indirect, in any business being transacted with the city. or with any person or agency,actlng for the city, otheIithan as follows: N e. . (if rrecessal)'. use a separate sheet to supplyectltlonallnformation that will not fit on this Dne; however. you must make reference. on the above nne, to the additional sheet and the additional sheet must be signed under oath). [whOe the ethics code stiO applies, if the person executlng·thls form Is doing so on behalf of a firm whose stock Is pubncly traded, the statement In this section (3) shall be based ,solely on the signatory'S personal knowledge and he/she Is not required to make an Independent Investigatlon as to the relationship of those who have a financiallnterest In the Firm); and (4) no elected anellor appointed official or employee of the City of South Miami, or any of theIr immediate family members (I.e., spouse, parents, children, brothers and sisters) has a financial interest. directly or Indirectly, in the contract betw~ you and/or your Firm and the CIty other than the following Individuals whose interest Is set forth foUCWJIng their names:. (if necess81)'. use a separate sheet to supply adcIltional information that will not fit on this line; however, you must make refeJence, on the above Hne, to the addJtlonaJ sheet and the additional sheet must be signed under oath). The names of all CIty employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an Interest of fly, percent (5") or l'itoreofthe total assets of capital stock In the firm are as follows:. (If necessary. use a separate sheet to supply addJtlonaJ-lnfonnation that wlU not fit on this Rne; however, you must make reference. on the above line, to the additional abeet and the additional sheet must be Signed under oath). [whne the ethIcs code 8tIIlappnes, If the person executing thIs form is doing so on behalf of a firm whose stock Is publicly traded, RFP for sate and Pun:hase of CIty Property 160f61 146 ,L I> the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent Investigation as to the flnanclallnterest In the Arm of city employees, appointed officials or the immediate family membei's of elected and/or appointed official or employee.] (5) I and the Ann further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit. or exemption for ourselves, or others. We agree that we may not disclose or use Information, not available 10 members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Rrm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting fOr the CIty, and that webave not appeared in representation of any third party before any board, commission or agency of the CIty within the'past two years other than as follows: N B (if necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchaslng\Vendor Reglstratlon\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM (3).docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate famjly O.e., as a spouse, son, daughter, parent brother or sister) Is related by blood or marriage to: (1) any member of the City Commission; (Ii) any city employee; or 011) any member of any board or agency of the City other than as follows: AJPt Of necessary, use a separate sheet to supply addftionallnformatlon that will not fit on this line; however, you must make reference, on the above nne, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Arm, or of any of their Immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Arm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5~ in that Other Firm, nor any member of those persons' Immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my Immediate family members (hereinafter referred to as '"Related Partiesj has responded to a solicitation by the City In which I or the Firm that I represent or anyone who has a financial Interest greater than ~ In the Arm, or any member of those persons' immediate family (i.e. spouse, parents, children. brothers and sisters) have also responded, other than the folloWing: N Pr (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement In this section (8) shall be based solely on the signatory's pe rsonal knowledge and he/she is not required to make an Independent investigation into the Other Firm, or the Arm he/she represents, as to their officers, directors or anyone having a flnanclallnterest In those Arms or any of their any member of those persons' Immediate family.] (9) I and the Arm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a soll~ltation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties W~Q have also responded to the same solicitation and to disclose the relationship of those parties to me and the Rrm. (10) A violation of the City's Ethics Code, the giving of any false Information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Mlami-Oade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, Information and belief. Signature:_ ~ Print Name & TItle: _ m"" ....... ve \ ~ ~ ..\ .. \ \ (~ Date: ~ \ '-\ I 2» 2..( RFP for Sale and Purchase of CIty Property 170f61 147 • • Proposal Submittal Checklist For m SALE AND PURCHASE OF CITY PROPERTY RF P #CSM2021-7849 SW 68 Avenue Thi s checklist indicates the forms and documents required to be s u bm itted for this solicitation and to be presen t ed by the d ead li ne set for withi n the solicitation. Fulfi ll ment of all solicitation requirements lis-ted is mandatory for co nsideration of r espo nse to the solicitation. Add i tional documents may be requi r ed and. if so, they w ill be identified in an a ddend um to this So licitation. T he response shall include the followi ng items: X X Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. The C ity will o nl y receive submittals on line and elecuonicall y through the Demand Star Electronic Bid System (E -Bidding). To register as a business, go to httos:llnecwork,demandstar.com! T he C ity. at its discretion, may request hard copies of Responses received from a spec ific Respondent or all Respo ndents. Respondents COSt and Technical Proposal, Exh i bit II / x X Irrevocable Letter of Credit, Exhibit 11/ Flo ri da Relators/Florida Bar As -is Residentia l Contract, Exhibit VI <'1 PC\<: JJ3 \Iud ~ --- x x X --- Non-C ol lus i on Affidavi t Related Party T ransacrion Verification Form Presentation Team Declaration/Affidavit of Representation nrrY1~ ~ CctqSN--' Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or docum ents. END OF SEC T ION R FP for Sale and Purchase of C ity Properq 13 of 61 14 8 EXHIBIT II RESPONDENTS COST AND TECHNICAL PROPOSAL SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue The Property subject of this RFP includes: 7849 SW 68 Avenue, South Miami, FL 33143 (Folio: # 09-4035-013-0942) MAXIMUM BID CASH OFFER FOR THE SUBJECT PROPERTY: $_~\ ..... I_D_CJ_' ._D_..,_o_'_U __ _ SUBMITIED THIS DAY OF PROPOSAL SUBMITTED BY: Tide END OF SECTION RFP for Sale and Purchase of City Property 23 of 61 149 I ; "AS IS" Residential Contract For Sale And Purchase ~ F · R THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALT~8J'ND THE FLORIDA BAR I,., r~ londa ealtors' l' PARTIES: 'f ~ u~ I YI-a~; ("Seller), 2' and €.-a 0 rBuyer"), 3 agree that Seller shall sell and Buyer sh II buy the following described Ree Property and Personal Property 4 (collectively "Propertya) pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase and 5 any riders and addenda eContracf'): 6 1. PROPERTY DESCRIPTION: 7' (a) Street address, city, zip: ~:---""---t"':"""::'-~~~~~~--~-~~-~r---:""':""~:--::::o--~~""Z"'7. 8' (b) Property is located in: JQ . e£ounty, Florida. R ~: (e) Rea~erty: e Tf.al deSCri~on is &--=-e:~~~~~~~~~--=:;;~~-.................. .L:-I~:""":-~...J..+.....u.~~ 11 t:) 12 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and attached 13 wall-ta-wall carpeting and flooring ("Real Property") unless specifically excluded in Paragraph 1 (e) or by other terms 14 of this Contract. 15 (d) Personal Property: Unless excluded in Paragraph 1 (e) or by other terms of this Contract, the following items which 16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase 17 range(s)/(oven(s), refrigerator(s). dishwasher(s). disposal, ceiling fanes), intercom. light fixture(s). drapery rods and 18 draperies. blinds, window treatments, smoke detector(s), garage door opener(s), security gate and other access 19 devices, and storm shutters/panels ("Personal PropeAYa~A- 2~ Other~ms~cluded~th~purcha~are: ___ ~'_~_~ __________________ ~ 21 22 23° 24 25 26° 27' 28 29' 30 31 40 42 2. Personal Property is included in the Purchase Price, has no C!ributOry value, and shall be left for the Buyer. (e) The following items are excluded from the purcha~: -+JR-''-'-Lt ............ ------------------------- PURCHASE PRICE AND CLOSING PURCHASE PRICE (UoS. currency): .•...... .... .•.•...... .•...... .•.•. ..•. .•... ..•.•. .•••.... .••••...•.......•. $_--,-\ +-\ _o...,.~~~._ (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) ... $ __ ' --=JIO~~S"_ The initial deposit made payable and delivered to "Escrow Agenta, named below (CHECK ONE): (i) r.{ accompanies offer or (ii) 0 is to be made within (if left blank, then 3) days after ~ff~ctive Date. IF NEITHER BOX IS CHECKED, THEN OPTION (ii) SHALL BE DEEMED SELECTED Escrow Agent Information: Name: ___________________ _ Address, ______ ~---------------~------------~ Phone: E-mail: Fax: _____ _ (b) Additional deposit to be delivered to Escrow Agent within (if left blank, then 10) days after Effective Date .......................................................................................... $ _____ _ (All deposits paid or agreed to be paid, are collectively referred to as the "Deposita) (e) Financing: Express as a dollar amount or percentage ("Loan Amounf') see Paragraph 8 ..... . (d) Other: ...... $ _____ _ (e) Balance to close (not Including Buyers closing costs. prepaids and prorations) by wire transfer or COLLECTED funds .................................. , ...... , ... ...... ... ...... ... ... ... ...... .... $ ___ q .......... $CJ ........ _-_ NOTE: For the definition of "COLLECTION" OR "COLLECTED" see ST ANDRD S. 43 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 44° 47 48 49 (a) If not signed b~.Buyer and Seller, and an executed copy delivered to all parties on or before {))iy 5 t 2-a2J ,this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to Buyer. Unless oiherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the counter-offer is delivered. (b) The effective date of this Contract shall be the date when the last one of the Buyer and Seller has signed or initialed and delivered this offer or final counter-offer (a Effective Date"). 50 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and the closiQg documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing") 51 52" on..=l! f V':<':e "3. 2-02...1 ("Closing DateV ), at the time established by the Closing Agent. 53 5. EXTENSION OF CLOSING DATE: 54 55 56 (a) If Closing funds from Buyers lender(s) are not available al time of Closing due to Truth In Lending Act (TILA) notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to exceed 7 days. BUyer'$ln~ 1;/6 Page 1 of 11 Seller'S Initials _______ _ FlortdaReaItOrstFlorfd,,~ar-ASIS-2 Rev.8113 Cl2013 Flonda Realtors® and The Florida Bar. All nghts reserved 48 of61 150 . . . '" 57 (b) if extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: (i) 58 disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' insurance, 59 to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after 60 restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wind. Flood or 61 Homeowners' insurance. If restoration of such utilities or services and availability of insurance has not occurred 62" within (if left blank, then 14) days after Closing Date, than either party may terminate this Contract by 63 delivering written notice to the other party, and Buyer shall he refunded the Deposit, thereby releasing Buyer and 64 Seller from all further obligations under this Contract. 65 6o OCCUPANCY AND POSSESSION: 66 (a) Unless the box in Paragraph 6(b) is checked. Seller shall. at Closing. deliver occupancy and possession of the 67 Property to Buyer free of tenants. occupants and future tenancies. Also, at Closing, Seller shall have removed all 68 personal Items and trash from the Property and shall deliver all keys, garage door openers, access devices and 69 codes, as applicable, to Buyer. If occupancy is to be delivered before ClOSing, Buyer assumes all risks of loss to the 70 Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be 71 deemed to have accepted the Property in its existing condition as of time of taking occupancy. 72· (b) 0 CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING: If Property is 73 subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the facts 74 and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall be 75 delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion, that the 76 lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery of 77 written notice of such election to Seller within 5 days alter receipt of the above items from Seller, and Buyer shall be 78 refunded the Deposit thereby releasing Buyer and Seller from alt further obligations under this Contract. Estoppel 79 letter(s) and Sellers affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupied 80 by Seller after Closing, See Rider U. POST-CLOSING OCCUPANCY BY SELLER. 81· 7. ASSIGNABIUTY: (CHECK ONE): Buyer 0 may assign and thereby be releas}Ynedm any further liability under this 82· Contract; 0 may assign but not he released from liability under this Contract; or may not assign this Contract. 83 FINANCING 84 8o FINANCING: 85· ~(a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to 86 ~yer's obligation to close. 87° 0 (b) This Contract is contingent upon Buyer obtaining a written loan commitment for a 0 conventional 0 FHA 0 VA sso or 0 other (describe) Joan on the following terms within (if left blank, than 30) days after 89· Effective Date rLoan Commitment Datell ) for (CHECK ONE): 0 fixed, 0 adjustable, 0 fixed or adjustable rate loan in 90' the Loan Amount (See Paragraph 2(c», at an initial interest rate not to exceed % (if left blank, then prevailing 91" rate based upon Buyer's creditworthiness), and for a term of (if left blank, then 30) years (a Financing"). 92° Buyer shall make mortgage loan application for the Financing within (if left blank, then 5) days after Effective 93 Date and use good faith and diligent effort to obtain a written loan commitment for the Financing (a loan CommitmentD ) 94 and thereafter to close this Contract. Buyer shall keep Seller and Broker fully informed about the status of mortgage 95 loan application and loan Commitment and authorizes Buyer's mortgage broker and Buyer's lender to disclose such 96 status and progress to Seller and Broker. 97 98 Upon Buyer's receipt of loan Commitment, Buyer shall provide written notice of same to SeUer. If Buyer does not 99 receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the 100 earlier of: 101 102 103 i. ii. Buyer's delivery of written notice to Seller that Buyer has either received loan Commitment or elected to waive the financing contingency of this Contract; or 7 days prior to Closing Date 104 If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not In default under the terms of 105 this Contract, Buyer shall he refunded the Deposit thereby releasing Buyer and Seller from all further obligations under 106 this Contract. If neither party has timely canceled this Contract pursuant to this Paragraph 8, then this financing 107 contingency shall he deemed waived by Buyer. 108 109 110 111 112 113 If Buyer delivers written notice of receipt of loan Commitment to Seller and this Contract docs not thereafter close, the Deposit shall he paid to Seller unless failure to close is due to: (1) Seller's default; (2) Properly related conditions of the loan Commitment have not been met (except when such conditions are waived by other prOvisions of this Contract); (3) appraisal of the Property obtained by Buyer's lender is insufficient to meet terms of the loan Commitment; or (4) the loan is not funded due to financial failure of Buyer's lender, in which event(s) the Deposit shall be returned to Buyer. ~ I thereby relea . Uy~ Seller from all further obligations under this Contract. Buyer's Initials .. ./-----Page 2 of 11 Seller'S Initials FloridaRealtorstFIoridaBa -S-2 R' .8113@ 2013 Florida Realtors® and The Florida Bar. AIl rights reserved ---- 490f61 151 \ ( 114" 115" o (C) Assumption of existing mortgage (see rider for terms). o (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). 116 CLOSING COSTS, FEES AND CHARGES 117 9. 118 CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY· SPECIAL ASSESSMENTS. (a) COSTS TO BE PAID BY SELLER: .' • 119 120 121 122· • Documentary stamp taxes and surtax on deed, if any • HOAICondominium Association estoppel fees • Owner's Policy and charges (if Paragraph 9(c)(i) is checked) • Recording and other fees needed to cure title • rrtJe search charges (if Paragraph 9(c)(iii) is checked) • Seller's attorneys' fees • Other: 123 124 If, prii;:;o;!r t~O;-;C~I;;os;;i;;:ng;,~s:';e:iilli:er;iii:.s~u;:n=ab.:ili:e-;:to=-=m::ee::;-:t th~e-;;A:-;:S;-;I;-;;S~M;";'a:-;i=nt~e":'n=an:-ce:-:-;R::-e-q-u-:-ire-m-e-nt:-a-s-req--ui:-red~b:-y~P=-a-ra-g-ra-p-h-1-1-a-- sum equal to 125% of estimated C?sts to meet the AS IS Maintenance Requirement shall be escrowed at ClOSing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall pay such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. 125 126 127 (b) COSTS TO BE PAID BY BUYER: 128 129 130 131 132 • Taxes and recording fees on notes and mortgages • Recording fees for deed and financing statements • Owner's Policy and Charges (if Paragraph 9(c)(ji) is checked) • Survey (and elevation certification, if required) • Lender'S title policy and endorsements 133 • HOAICondominium Association applicationltransfer fees 134 135· • Loan Expenses • Appraisal Fees • Buyer's Inspections • Buyer's attorneys' fees • All property related insurance • Owners Policy Premium (if Paragraph 9 (c) (iii) is checked.) 136" 137 • Other: (c) TITL·-;:E:-;EV::;-;;'ID~E;:-;N~C;;;;E;::-;A';";N;;;D:-;I-:;N=SU:-:RA==-::N=C=E.-· A=-:t'"":le-a-s':-t ----::(if~l:-eft~bl:-a-::nk:-, -:-:th-e-n""':::5~) d~a-y-s-p~rio-r-to~C-los-i-n-g ~D-at-e-, a-tit-Je- insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title insurance covering the Real Property, a copy shall he furnished to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy premium, title search, municipal lien search and closing services (collectively, YOwner's Policy and Charges") shall he paid, as set forth below 138 139 140 141 142 143 (CHECK ONE): 144· 0 (i) Seller shall designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for 145 closing services related to Buyer's lender'S policy and endorsements and loan closing, which amounts shall be paid 146 by Buyer to Closing Agent or such other provider(s) as Buyer may select}; or 147· 0 (ii) Buyer shall designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 148 services related to Buyer's lender's policy, endorsements, and loan closing; or 149-~iii} [MIAMI-DADEIBROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy of 150 title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, which 151 is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search: and (C) municipal lien 152 search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's owner's policy, and If 153-applicable, Buyer's lender'S policy. Seller shall not be obligated to pay more than $ (if left blank, 154 then $200.00) for abstract continuation or title search ordered or performed by Closing Agent. 155 (d) SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed and 156 certified by a registered Florida surveyor rSurvey"). If Seller has a survey covering the Real Property, a copy shall 157 be furnished to Buyer and Closing Agent within 5 days ~r Effective Date 158· (e) HOME WARRANTY: At Closing, 0 Buyer 0 Seller J'!.. NlA shall pay for a home warranty plan issued by 159-at a cost not to exceed $ . A home 160 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in 161 appliances in the event of breakdown due to normal wear and tear during the agreements warranty period. 162 (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (i) the full amount of liens imposed by a public body 163 rpublic body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and 164 ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an 165 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being imposed 166 on the Property before Closing. Buyer shall pay all other assessments. If special assessments may be paid in 167 installments (CHECK ONE): 168 0 (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due alter Closing. 169 installments prepaid or due for the year of Closing shall be prorated. 170· 0 (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. 171 IF NEITHER BOX I;'CKED. THEN OPTION (a) SHALL BE DEEMED SELECTED. Buyer's Inma' M· Page 3 of 11 Seller's Initials _______ _ FIOridaRealt~lS-2 Rev. 13@2013 FlOrida Realtors® and5A1lft:'fbrida Bar. All rights reserved 152 , ., 172 This Paragraph 9(t) shall not apply to a special benefit tax lien imposed by a community development district (COD) 173 pursuant to Chapter 190. F.S., which lien shall he prorated pursuant to STANDARD K. 174 DISCLOSURES 175 10. DISCLOSURES: 176 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 1n quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal 178 and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon 179 testing may be obtained from your county health department. 180 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 181 does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have not been properly closed. 183 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 184 desires additional information regarding mold, Buyer should contact an appropriate professional 185 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone 186 the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to improving 187 the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazard AreaD or "Coastal 188 Barrier Resources Act" designated area or otherwise protected area identified by the U.S. Fish and Wildlife Service 189 under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and lor flood insurance 190 rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood 191' Insurance Program, Buyer may terminate this Contract by delivering written notice to seller within (if left 192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and 193 Seller from all further obligations under this Contract, falling which Buyer accepts eXisting elevation of buildings and 194 flood zone deSignation of Property. The National Flood Insurance Reform Act of 2012 (referred to as Biggert- 195 Waters 2012) may phase in actuarial rating of pre-Flood Insurance Rate Map (pre-FIRM) non-primary structures 196 (residential structures in which the insured or spouse does not reside for at least 80% of the year) and an elevation 197 certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 199 required by Section 553.996, F.S. 200 (1) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint disclosure is 201 mandatory. 202 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 203 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY 204 DISCLOSURE, IF APPLICABLE. 205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 206 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBILIGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 208 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 209 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 211 (i) FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign person" as defined by the 212 Foreign Investment in Real Property Tax Act ("FIRPTA"), Buyer and Seller shall comply with FIRPTA, which may 213 require Seller to provide additional cash at Closing. If Seller is not a "foreign person", Seller can provide Buyer, at or 214 prior to Closing, a certification of non-foreign status, under penalties of perj~ry, to inform Buyer and Closing Agent 215 that no withholding is required. See STANDARD V for further information pertaining to FIRPTA. Buyer and Seller 216 are advised to seek legal counsel and tax advice regarding their respective rights, obligations, reporting and 217 withholding requirements pursuant to FIRPTA. 218 0> SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not 219 readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence, 220 Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to 221 the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, 223 environmental, or safety code violation. 224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 225 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property, 226 including, but not limited to. lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS IS 227 Maintenance Requiremenf'). Buyer's~~···~·h ~. \J\.JJ Page4of11 Seller'slnitials _______ _ FIOridaRe~~ Rev.8113 C 2013 Florida Realtors® and The Florida Bar. All rights reserved 51 of 61 153 • 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: ~ 229-(a) PROPERTY INSPECTION AND RIGHT TO CANCEL: Buyer shall have 'L' (if left blank_ than 15) days 230 after Effective Date ("lnspectIon Perlodn) within which to have such inspections of the Property performed 231 as Buyer shall desire during the Inspection Per/ad. If Buyer determines, In Buyer's sale discretion, that the 232 Property Is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice or such 232 election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this Contract, the 233 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further 234 obligations under this Contract; however, Buyer shall be responsible for prompt payment for such 235 Inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and 237 shall provide Seller with paid teee/pts for all work done on the Property (the preceding provisIon shall 238 survive termination or this Contract). Unless Buyer exercIses the right to terminate granted herein, Buyer 239 accepts the physical condition of the Property and any violation of governmental, building, envlronmenta', 240 and safety codes, restrictions, or requirements, but subject to Seller'S continuing AS IS Maintenance 241 Requirement, and Buyer shall be responsible for any and all repairs and Improvements required by Buyer's 242 lender. 243 (b) WALK-THROUGH INSPECTlONIRE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to 244 time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and follow-up 245 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the 246 Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement 247 and has met aU other contractual obligations 248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of 249 the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written 250 documentation or other information in Seller's possession, knowledge, or control relating to improvements to the 251 Property which are the subject of such open or needed Permits, and shall promptly cooperate in good faith with 252 Buyer's efforts to obtain estimates of repairs or other work necessary to resolve such Permit issues. Seller's 253 obligation to cooperate shall include Seller's execution of necessary authorizations, consents, or other documents 254 necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling 255 such obligation, Seller shall not he required to expend, or become obligated to expend, any money. 256 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, 257 Seller will, at Closing. assign all assignable repair, treatment and maintenance contracts and warranties to Buyer. 258 ESCROW AGENT AND BROKER 259 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agenr) receiving the Deposit, other funds and 260 other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow within the 261 State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions of this Contract. 262 Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting demands for the 263 Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may take such actions 264 permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties or liabilities under this 265 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties agree to its 266 disbursement or until a final judgment of a court of competent jurisdiction shall determine the rights of the parties, or 267 Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 268 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concemed of such 269 action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously 270 delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as 271 amended and FREe rules to timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow 272 disbursement order. 273 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 274 any proceeding where Agent interpleads the subject matter of escrow, Agent shall recover reasonable attorney's 275 fees and costs incurred, to he paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not he 276 liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to Agents willful 2n breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or termination of this 278 Contract. 279 14. PROFESSIONAL ADVICE; BROKER LlABIUTY: Broker advises Buyer and Seller to verily Property condition. square 280 footage, and all other facts and representations made pursuant to this Contract and to consult appropriate professionals 281 for legal, tax, environmental, and other specialized advice concerning matters affecting the Property and the transaction 282 oontemplated by this Contract. Broker represents to Buyer that Broker does not reside on the Property and that all 283 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER 284 AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNNENTAL AGENCIES 285 FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT 286 PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER. Buyer's In~a'-~ V\tlf Page 5 of 11 Seiler'S Initials _______ _ FIOridaR~ Rev.8113 @ 2013 Florida Realtors® a~8fprida Bar. All rights reserved 154 • 287 Buyer and Seller (individually, the "indemnifying Partylt) each individually indemnifies, holds harmless, and releases 288 Broker and Brokers officers, directors, agents and employees from all liability for loss or damage, including all costs 289 and expenses, and reasonable attorney's fees at all levels, suffered or incurred by Broker and Brokers officers, 290 directors, agents and employees in connection with or arising from claims, demands or causes of action instituted by 291 Buyer or Seller based on: (i) inaccuracy of information provided by the Indemnifying Party or from public records; (ii) 292 Indemnifying Party's misstatement(s) or failure to perform contractual obligations; (iii) Broker's performance, at 293 Indemnifying Party's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) 295 products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by 296 any such vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective 297 vendors and paying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 will 298 not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph 14, 299 Broker will he treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this Contract. 300 DEFAULT AND DISPUTE RESOLUTION 301 15. DEFAULT: 302 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyers obligations under this Contract, including 303 payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the Deposit for the 304 account of Seller as agreed upon liquidated damages, consideration for execution of this Contract, and in full 305 settlement of any claims, whereupon Buyer and Seller shall be relieved from all further obligations under this 306 Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's rights 307 under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon default by Buyer, shall be split 308 equally between Listing Broker and Cooperating Broker; provided however, Cooperating Broker's share shall not be 309 greater than the commission amount Listing Broker had agreed to pay to Cooperating Broker. 310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after reasonable 311 diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, Buyer may elect to 312 receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach, 313 and, pursuant to Paragraph 16, may seek to recover such damages or seek specific performance. 314 This Paragraph 15 shall survive Closing or termination of this Contract 315 16. DISPUTE RESOLUTION: Unresolved controversies. claims and other matters in question between Buyer and Seller 316 arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("DisputeD) will he settled as 317 follows: 318 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 319 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 320 16(b). 321 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 322 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules·). The 323 mediator must be certified or must have experience in the real estate industry. Injunctive relief may he sought 324 without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 may be 325 resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 shall 326 survive Closing or termination of this Contract. 327 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted by 328 this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 329 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall he entitled to recover 330 from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the litigation. 331 This Paragraph 17 shall survive Closing or termination of this Contract. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 333 18. STANDARDS: 334 A. TITLE: 335 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in Paragraph 336 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall be issued and 337 delivered to Buyer. The Title Commitment shall set forth those matters to he discharged by Seller at or before Closing 338 and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance In the amount of the 339 Purchase Price, shall he issued to Buyer insuring Buyer's marketable title to the Real Property, subject only to the 340 following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions and 341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise 342 common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 343 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear 344 or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent years: and (f) Buyer's I .... ~ if'/' G Page 6 of 11 Seller's Initials _______ _ FIOridaRe~~ Rev.BlfJ @ 2013 Florida Reallors® and58'mf9brida Bar. All rights reserved 155 • STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 345 assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); provided, that, 346 ~one prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of terms Identified 347 In (b? -(f) above, then the same shall be deemed a title defect. Marketable title shall be determined according to 348 applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. 349 (ii). ~TLE ~MINATION: ~uyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in 350 writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered 351 to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to 352 e~mine same in accordan~~ with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer's 353 notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to 354 have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with 355 proof of cure acceptable to Buyer and Buyer's attorney) and the parties will close this Contact on Closing Date (or If 356 Closing Date has passed, within 10 days after Buyer's receipt of Seller's notice). If Seller is unable to cure defects 357 within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a) 358 e~ending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use 359 reasonable diligent effort to remove or cure the defects (uExtended Cure Period"); or (b) electing to accept title with 360 existing defects and close this Contract on ClOSing Date (or If Closing Date has passed, within the earlier of 10 days 361 after end of Extended Cure Period or Buyer's receipt of Seller'S notice), or (c) electing to terminate this Contract and 362 receive a refund of the Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. If 363 after reasonable diligent effort, Seller is unable to timely cure defects, and Buyer does not waive the defects, this 364 Contract shall terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all 365 further obligations under this Contract. 366 B. SURVEY: If Survey discloses encroachments on the Real Property or that Improvements located thereon encroach 367 on setback lines, easements, or lands of others, or violate any restrictions, covenants, applicable governmental 368 regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such matters, 369 together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer 370 timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey shall constitute a title 371 defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's 372 request, execute an affidavit of "no change" to the Real Property since the preparation of such prior survey. to the 373 ement the affirmations therein are true and correct 374 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to the 375 Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 376 D.. LEASE INFORMATION: Seller shall, at least 10 days prior to ClOSing, furnish to Buyer estoppel letters from 3n tenant(s)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security deposits 378 paid by tenant(s) or occupant(s) (UEstoppel Letter(s}"). If Seller is unable to obtain such Estoppel Letter(s), the same 379 information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may 380 thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s} or Sellers affidavit, if any, 381 differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 6, or if tenant(s)/occupant(s), 382 fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller within 5 days after receipt of such 383 information, but no later than 5 days prior to ClOSing Date, terminating this Contract and receive a refund of the Deposit. 384 thereby releasing Buyer and Seiter from all further obligations under this Contract. Seller shall, at Closing, deliver and 385 assign all leases to Buyer who shall assume Seller'S obligations thereunder. 386 E.. UENS: Seller shall furnish to Buyer at Closing an affidavit attesting (i) to the absence of any finanCing statement, 387 claims of lien or potential lienors known to Seller, and (ii) that there have been no improvements or repairs to the ReaJ 388 Property for 90 days immediately preceding Closing Data. If the Real Properly has been Improved or repaired within 389 that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, 390 subcontractors, suppliers and materialmen in addition to Seller'S lien affidavit setting forth names of all such general 391 contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs 392 which could serve as a basis for construction lien or a claim for damages have been paid or will be paid at ClOSing. 393 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract. 394 Other than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates 395 specified in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur on a 396 Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5.00 p.m. (where the Property is 397 located) of the next business day. 398 G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 399 to, each other for damages so long as performance or non-performance of the obligation is delayed, caused or 400 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual 401 transportation delays, wars. insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer 402 or Seller, and which, by: exercise of reasonable diligent effort, the non-performing party is unable in whole or in part to 403 prevent or overcome. All time periods, including Closing Date, will he extended for the period that the Force Majeure 404 prevents rmance under this contract, provided, however, if such Force Majeure continues to prevent performance Buyer's . ~!ff2 Page 7 of 11 Seller's Initials _______ _ FloridaRealto r-ASI5-2 Rev.8113@ 2013 Florida Realtors® a~8fprida Bar. AU rights reserved 156 + , • .. ..' . STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 405 un~er this ~ontract more than 14 days b~yond Closing Date, then either party may terminate this Contrad by delivering 406 wntten notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract. 408 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal 409 representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described in 410 STANDARD A and those accepted by Buyer. Persona! Property shall, at request of Buyer, be transferred by absolute 411 bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 412 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 413 (i) LOCATION: Closing will lake place in the county where the Real Property is located at the office of the attomey or 414 other closing agent (·Closing AgentD) deSignated by the party paying for the owner's policy of title insurance, or, if no 415 title Insurance, designated by Seller. Closing may be conducted by mail or electronic means. 416 (ii) CLOSING DOCUMENTS: Seller shall, at or prior to Closing, execute and deliver, as applicable, deed, bill of sale, 417 certfficate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), owner's 418 possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for all work 419 done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable the survey, flood 420 elevation certification, and documents required by Buyer's lender. 421 (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 422 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing 423 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all closing 424 funds, disburse at ClOSing the brokerage fees to Broker and the net sale proceeds to Seller. 425 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide for 426 insurance against adverse matters as permitted under section 627.7841, F.S., as amended, the following escrow and 427 closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent tor a period of not 428 more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, 429 within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such 430 notification to cure the defect; (3) if Seller falls to timely cure the defect, the Deposit and all ClOSing funds paid by Buyer 431 shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with such repayment. 432 Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to Seller by special 433 warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer shall take 434 title as is, waiving all rights against Seller as to any intervening defect except as may he available to Buyer by virtue of 435 warranties contained in the deed or bill of sale. 436 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of the 437 day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes (including 438 special benefit tax assessments imposed by a CDD), interest, bonds, association fees. insurance, rents and other 439 expenses of Property. Buyer shall have option of taking over existing poliCies of insurance. if assumable, in which event 440 premiums shall he prorated. Cash at Closing shall he increased or decreased as may be required by prorations to be 441 made through day prior to ClOSing. Advance rent and security deposits, if any, will be credited to Buyer. Escrow 442 deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due 443 allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs on a date when 444 current year's millage is not fixed but current year's assessment is available, taxes will be prorated based upon such 445 assessment and prior years millage. If current year's assessment is not available, then taxes will he prorated on prior 446 year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, which 447 improvements were not in existence on January 1 st of prior year, than taxes shall be prorated based upon prior year's 448 millage and at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to 449 the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration 450 based on an estimate shall, at either party's request, be readjusted upon receipt of current years tax bill. This 451 STANDARD K shall survive Closing. 452 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall, 453 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a walk- 454 through (or follow-up walk-through it necessary) prior to Closing. 455 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by firm or other casualty 456 rCasualty Loss D) and cost of restoration (which shall Include cost of pruning or removing damaged trees) does not 457 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant 458 to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% or estimated cost to 459 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration 460 exceeds escrowed amount. Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any 461 unused portion of escrowed amount shall be returned to Seller. If Cost of restoration exceeds 1.5% of Purchase Price, 462 Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the Deposit, thereby 463 releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree 464 damage by casualty or o\~tural occurrence shall be cost of pruning or removal. Buyer's Init:-,~ ~ -Page 8 of 11 Seller's Initials _______ _ FIOridaR~ Rev.811 2013 Florida RealtorS® and5fmtf)fbrida Bar. All rights reserved 157 • STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDA RDS") C O NTIN UED 465 N. 103 1 EXC HANGE: If eilher Seller or Buye r wish to enler into a like -kind exchange (either si multaneo us ly with 466 C 'o s ing or deferred) under Section 103 1 of the Internal Revenue Code ("Exchange"), the other p a rty shall cooperate in 467 a ll reasonable respects to effectuate the Exchange , including e xecu tion of documents; provided , however, cooperating 468 party shall incur no liability or expense related to the E xc hange, and Closing shall not be cont inge nt upon, nor extended 469 or delayed by, s u ch Exchange .. 470 0 CONTRA C T NO T RE C ORDABLE; PERSONS BOUND; NOTICE; DELIVE RY; COPIES ; CO NTRACT 471 EX ECUTI O N : Neither this Contract nor any notice of it shall be recorded in any public records . This Contract shall be 472 b inding on , and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever the 473 Co nte xt pe rm its, singu lar shall include plural and one gender s hall inc lude a ll. Notice and delivery g iven by or to the 474 at:orney o r broker (including such Broker's real estate licensee) representing any party shall be as effective as if given 475 b ~ or to that party. All notice s must be in writing and may be made by mail, personal delivery or electron ic (including 476 'pdF) media. A facsimile or electronic (including 'pdr') copy of th is Contract and any signatu res her eon sha ll be 477 c c nside red for a ll purposes as an original. This Contract may be e xecuted by use of electronic signatures , as 478 d etermined by Florid a 's Electronic Signature Act and other applicable laws. 479 P . INTEGRAT IO N; M ODIFI C ATION: This Contract contains the full and complete understanding and agreement of 480 B u yer and Se ll er with respect to the transaction contemplated by this Contract and no prior ag reements or 481 re o resentations shall be binding upon Bu yer or Seller unless included in this Contract. No modification to or change in 482 thIS Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be 483 bc und by it. 464 Q . W A IVE R : Failure of Buye r or Seller to insist on compliance with, or strict performance of, any provision of this 485 Contract, or to take advantage of any rig ht under this Contract, shall not constitute a waiver of other p rovisions or rights . 4 66 R. RIDERS ; AD DE NDA; TYPEWRITTEN OR HANDWRITTEN PROVI S ION S : Riders , addenda , and typewritten or 487 handwritlen provisions shall control all printed provisi ons of this Contract in confiict with them. 4.. S . COLLECTIO N o r COLL EC TED: "COLLECTION" or "COLLE C TED" mea n s a n y checks tend e red o r received , 4.9 incl udin g D epos its, h ave become actually and finally collected and deposi ted in t h e a c cou n t o f Es crow Ag en t 490 o r C l osi ng A g ent. C l o sing and disbursement of funds and delivery of clOSing docum ents may be delay ed by 491 C l o s i ng Ag e nt until s u c h amounts have been C OLLECTED In Closing Agent's accounts. 492 T . LOAN COMM ITM E NT: "Loan Commitment' means a statement by the lender setting forth the terms and conditions 493 upo n which the lender is willing to make a particular mortgage loan to a particular borrower. Neither a pre-approval 494 letter nor a prequalification letter shall be deemed a Loan Commitment for purposes of this Contract. 495 U. A PPLICA BLE LAW AN D VENUE: This Contract shall be construed in accordance with the laws of the State of 496 F b rida and venue for resolution of all disputes, whether by mediation , arbitration or litigation , shall lie in the county 497 w here the Real Property is located . 49. V. FOREIG N INVES TM ENT IN REAL PROPERTY TAX ACT ("FIRPTA"): If a Seller of U.S . real property is a "fore ign 499 person " as defined by FIRPTA , Section 1445 of the Internal Revenue Code requires the buyer of the real property to 500 w tt hhold 10% of the amount realized by the seller on the transfer and remit the withheld amount to the internal Reven ue 501 Service (IRS) unless an exemptio n to the required withholding applies or the seller has obtained a Withholding 502 C e rtificate from the IRS authorizing a reduced amount of withholding . Due to the complexity and potential risks of 5 0 3 F IR PTA , Buyer and Seller should seek legal and tax advice regarding compliance , particularly if an "exemption " is 504 c la imed on the sale of res idential property for $300,000 or less. 505 (I) No withholding is required under Section 1445 if the Seller is not a 'foreign person ", provided Buyer accepts proof 506 o f same from Seller, which may include Buyer's receipt of certification of non-foreign status from Seller, signed under 50 7 pen alties of perjury , stating that Seller is not a foreign person and containing Seller's name, U .S . taxpayer ident ificat ion 5 08 number and home address (or office address, in the case of an entity), as provided for in 26 CFR 1.1445-2(b). 509 Ol h erwise , Buyer shall withhold 10% of the amount realized by Seller on the transfer and t imely remit sa id funds to the 51 0 IR S. 511 (i i) If Seller has received a Withholding Certificate from the IRS which provides for reduced or eliminated withholding in 512 th s transaction and provides same to Buyer by Closing , then Buyer shall withhold the reduced sum , if any required , and 51 3 tim ely rem it said funds to the IRS . 514 (i ii I If prior to Closing Seller has submitted a completed application to the IRS for a Withholding Certificate and has 515 pro vided to Buyer th e notice required by 25 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been recei ved 51 6 a s of Closing . Buyer shall . at Closing. withhold 10% of the amount realized by Seller on the transfer and , at Buyer's 517 option , either (a) timely remit the withheld funds to the IRS or (b) place the funds in escrow , at Seller's expense, with an 518 e.crow agent selected by Buyer and pursuant to terms negotiated by the parties , to be subsequently disbursed In 51 9 a ccordance with the Withholding Certificate issued by the IRS or remitted directly to the IRS if the Seller's applicatio n is 520 r8!ected or upon terms set forth in the escrow agreement. 521 (") In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this transaction , 522 Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the applicable 523 r"'1 uirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for disbursement in 524 a cc ordance it the final d ermination of the IRS , as applicable Page 9 of 11 Seller's Initials _________ _ 2013 Florida Realto rs® and5ft1tf Plbrida Bar . Al l rights reserved 1 58 .. ,.1 to STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 525 (V) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 8288 526 and 8288-A, as filed. 527 W. RESERVED 528 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and 529 against any real estate licensee involved In the negotiation of this Contract, for any damage or defects 530 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 532 provision does not relieve Seller's obligation to comply with Paragraph 100). This Standard X shall survive 533 Closing. 534 ADDENDA AND ADDITIONAL TERMS 535 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this 536" Contract (Check If applicable): o A. Condominium Rider 0 M. Defective Drywall o X. Kick-out Clause o B. Homeowners' Assn. o N. Coastal Construction Control Line o Y. Sellers Attorney Approval o C. Seller Financing o O. Insulation Disclosure o Z. Buyer's Attorney Approval o D. Mortgage Assumption o E. FHANA Financing o P. Lead Based Paint Disclosure (Pre 1978 Housing) o AA.Licensee-Personallnterest in Property o Q. Housing for Older Persons o BB. Binding Arbitration :::J F. Appraisal Contingency o G. Short Sale o R. Rezoning o Other ________ _ :J H. Homeowners'/Flood Ins. o S. Lease Purchaser/Lease Option o I. RESERVED o T. Pre-Closing Occupancy by Buyer o J. Interest-Bearing Acct. o U. Post-Closing Occupancy by Seller o K. RESERVED o V. Sale of Buyer's Property o L. RESERVED o W. Back-up Contract 537· 20. ADDITIONAL TERMS: ADMINISTRATION FEE: Buyer/Seller agrees to pay Rea1ty3000. Inc. an 538 Administration fee in the amount of $195.00 at the clOSing of this Contract. 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 COUNTER-OFFERIREJECTION 555· 0 Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter-offered terms and deliver 556 a copy of the acceptance to Seller). 557" 0 Seller rejects Buyer's offer. 558 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF 559 AN ATTORNEY PRIOR TO SIGNING. 560 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 561 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms and 562 conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be 563 negotiated based on the ative interests, objectives and bargaining pOSitions of all interested persons. Page 10 of 11 Seller's Initials ___ _ '~~~~a~-;A?lISS-~2 Re .8/13@2013Florida Realtors® an~Slbrida Bar. All rights reserved 159 'r • • ... AN AS TERISK (') FOLLO W ING A LIN E NUMBER IN THE MARGIN IND ICA TES T HE LI NE CONTAINS A BLA NK TO BE : CO MP LET ED~ /' _ ::: '''Y'' d~ ~4 '""1/1'1/2-; 569 ,...;;' 570 ~~ !;~, Buy er. Date Y } 14 /2 I m I I 575 576 S17 578 ' Sell e , ____________________________ _ 579 580 581 582 583" Seller _____________________________ _ Date : ______ _ Date : ______ _ f nice Se ller's address for purposes of notice 587' __ ~/...J.+'""'~.1.L----'-L-=--=''-'=+-=~ 5SS- 589 ------------------ 590 B RO K ER: Listing and Cooperating Brokers , if any , named below (collectively , "Broker"), are the only Brokers en titled to 59' com oe nsation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to 592 disb urse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties 593 and co operat iv e agreements between the Brokers , except to the exte nt Broker has retained such fees f rom the escrowed 594 funds This Contract shall not modify any MLS or other offer of compensat ion made by Seller or Listi ng Broker to 595 Coo pe rating Brokers . 596 597" -:::-__ -:;----,;:-:_-:-_--;--:--:-:-:-____ _ 598 Cooperating Sales Associate , If Any Listin g Sales Assoc iate 599 600' -:::-__ -:;----,::--:---:,-..,. ________ _ 60' Cooperat i ng Bro ker, If Any Listing Bro ker ~£. Buyer's Inllia ls Page 11 of 11 F10ridaReano r~t6 n aBa ·AS1S-2 Rev . 3 C 2013 Florida Reallors® and The Florida Bar. 58 of 61 Seller's Initials _________ _ All rights reserved 160 NON COLLUSION AFFIDAVIT SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue ';Y' 11 STATE OF FLORIDA ) ) COUN:; MIAMI-DADE ) 1 " ~ (J\ p-S ) ;:);:l \ 'V €..J ~ r4 cy }It /crd~ bt.t ~ first duly sworn, deposes and states that (I) HelSh~isJare the 1<25 r/),..J 'i>A-.l15 I~ i) I bfu/z:C $?Vq ,+f,!Trj (2) (3) (4) (5) (Owner, Partner, Officer, Representative or Agent) of ----------------------the Respondent d Idt I,as submitted the attach~posal; HelSh h~ 'sJare fully informed concerning the preparation and contents of the attached Proposal and of pertinent circumstances concerning such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion. or communication. or conference with any Respondent, firm, or person to fix any overhead. profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient). or any person interested in the proposed Work: The price or prices quoted in the attached Proposal are fajr and proper and are not tainted by any collusion, conspiracy. connivance. or unlawful agreement on the part of the Respondent or any other of its agents. representatives, owners, employees or parties of in~rest, ind:'ing this ~~~# Signed, sealed and delivered in the presence of. ~ , ,'tl1:L /~f Y.(' ~?L~"~ By: ,;< Signature ~-z \ ) 'I e. Weess e,. J--,. ~ ~:._~e Print Name a,.d Tltm Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE RFP for Sale and Purchase of City Property 14 of 61 161 On this the ) 1 day of &fL' <--• 20a..... before me, the undersigned Notary Public of the State of Ronda. A:~ (Name(s) r>f individual(s) who appeared before notary) ~I C 1?yR. ~ .f-(.v a=t>~ 15'-( ~) and whose nam ) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they ex . WITNESS my hand and offidal seal. NOTARY PUBUC: SEAL OF OFFICE: IlFP for Sale and Purchase of City Property Notary Public. State of Rorida (Na~C Print, Stamp or type as commissioned.) __ Personally known to me, or Personal identification: Type of Identification Produced Did take an oath. or Did Not take an oath.. 15 of 61 162 RELATEt) PARTY TRANSACTION VERIFICATION FORM SALE AND PURCHASE OF CITY PROPERTY RFP #CSM2021-7849 SW 68 Avenue I ~~ c 8 '7' /L. ,) • individually anch>n behalf of . - ("f. ve Name of RepresentotlVe ComponyNendorlEntity read the City of South Miami ("CIty")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: ( I) neither I nor the Firm have any conflia of interest (as defined in section 8A-I) with regard to the contraa or business that I, andlor the Firm, am(are) about to perform for, or to transaa with, the City. and (2) neither I nor any employees. officers. direaors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in seaion SA-I. who is an employee of the Oty or who is (are) an appointed or elected official of the Oty, or who is(are) a member of any public body created by the City Commission, i.e.. a board or committee of the City. [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Rrm, nor anyone who has a financial interest greater than 5% in the Firm. nor any member of those persons' immediate family (i.e.. spouse. parents. children. brothers and sisters) has transaaed or entered into any contract(s) with the City or has a financial interest. direa or indireCt. in any business being transaaed with the city. or with any person or agency acting fQC...-'"' the city, other than as follows: LV (7 ~~ c:;;' _ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected andlor appointed official or employee of the City of South Miami. or any of their immediate family members (i.e., spouse. parents, children. brothers and sisters) has a financial intereSt, directly or indirectly, in the contraa betWeen you andlor your Firm and the City other than the following individuals whose interest is set forth following their names: NO IV C (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected andlor appointed city officials or board members, who own. directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: A,A2,;A./' c:- (if necessary, use a separate sheet ti:, supply additional information that will not fit on this line; however. you must make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees. appointed officials or the immediate family members of eleaed andlor appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust. or through our performance of our duties under the terms of the contract with the City, to secure a special privilege. benefit. or exemption for ourselves. or others. We agree that we may not disclose or use information. not available to members of the general public. for our personal gain or benefit or for RFP for Sale and Purchase of City Property 16 of 61 163 the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City. and that we have not appeared in representation of any third party before any board. commission or agency of the City wi~i'},..Ah'e past two years other than as follows: AlIY,v c, (if necessary. use a separate sheet to supply additional info.:mation that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\1 2.28.1 2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees. officers. or directors of the Arm. nor any of their immediate family (i.e.. as a spouse, son. daughter. parent. brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any m~ of ;aryr-board or agency of the City other than as follows: _____________ ---l.t:Jt!2.:......:.~..:..#..;.,....::. ~e::::-__ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers. or directors of the Firm. or of any of their immediate family to any appointed or elected officials of the City. or to their immediate family members]. (8) No Other Firm. nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e.. spouse. parents. children. brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties') has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a finandal interest greater than 5% in the Firm. or any member of those persons' immediate family (i.e. spouse. parents. children, brothers and siSters) have also Mponqe.sJ,/ other than the following: O~C ~ necessary, use a separate sheet to supply additional infotn;tion that will not fit on this line; however, you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm. or the Firm he/she represents. as to their officers. directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Arm agree that we are obligated to supplement this Verification Form and inform the City of any change in drcumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation. I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the Otis Ethics Code, the giving of any false information or the failure to supplement this Verification Form. may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally. violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury. I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements ~e he"'~~);7 ~9d m: to,. best o\'f{~ information and belief. slgna~!-~)(/~(~'4:1a 0 7Y Print Name & Tide: S":A-L.w i? ~,) r ~fr~ C { ? y /L-!:::> Date: II r h l-I tt, ~""';-I RFP for Sale and Purchase or City Property 17 of 61 164 Member Name Bid Number RFP2021-CSM4400 SW 60 PL Bid Name 3 Document(s) found for this bid 14 Planholder(s) found BROADCAST 949 SupplierName Advanced Prevention Technology Group American Engineers & Contractors Inc Avison Young Blue Sky Communities Gecko Group HSQ Group, Inc. JB Manuel J Castilla OACAction Construction, Corp Osborn Engineering Roe Minor Realty Consultants Inc. Song + Associates, Inc. Stuart Architecture Zahlene Enterprises, Inc Address1 2355 NW 70th Ave 114 Blackford Ave 1875 NW Corporate Blvd 4310 Whittner Drive 120 Madeira Avenue 1001 Yamato Road, Suite 105 4410 SW 60th PL 6051 SW 44th Terrace 11980 SW 144 Ct. 400 N Tampa Street, Suite 2230 1131 SE Third Avenue 1545 Centrepark Drive North 7199 NW 49 Place 11300 NW 97th Ave City Miami Piscataway Boca Raton Tampa Coral Gables BOCA RATON Miami Miami Miami Tampa Fort Lauderdal West Palm Bea Lauderhill Medley State )ostalCodE DeciaredAttributes FL 33122 NJ 08854 Small Business FL 33431 FL 34639 FL 33134 Hispanic Owned, Small FL 33431 Business FL 33155 FL 33155 Hispanic Owned, Small FL 33186 Business FL 33602 FL 33316-1109 FL 33401 'African American FL 33319 Owned, Small Business FL 33178 165 M ember Name Bi d Number Bid Name 6 D ocument(s) found for this b i d 9 Pl anholder(s) found BRA ODCASTTO ' 971 Su p plierNam e Am erican Eng ineers & Contractors In c Ber ger's Property Maintenance Co Blu e Sky Communities Dekora LLC En _i ronmenta l Consu lting & T ec h nology, Inc. GE'cko Group Gucci ardo Construction, LLC Re gar Management & Consulting o f 'L LLC Sa l ie Byrd & Wade Byrd Addressl 114 Blackford Ave PO Box 90 1898 4310 Whittner Drive 12011 SW 129TH CT 3701 NW. 98th Stre et 120 Madeira Avenue 1900 sw 8th st 12011 sw 129th ct #5 7851 SW 68 Avenue .. . , ) DeciaredAttribut City State Postal Cod. es Piscataway NJ 08854 Smal l Business Homestead FL 33090 Tampa FL 34639 miami FL 33186 Gainesville FL 32606-5004 Coral Gables FL 33134 Miami FL 33135 miam i FL 33186 Miami FL 33143 166 MIAMI DAILY BUSINESS REVIEW Published Daily e-;l~ SatVl'day. S o"ndny and Legal Hohdays M\ilITU , Maam i-Oade County. F loodn STATE OF FLORIDA COUNTY OF MIA M I·DAcE: Be fore the unders igned au thority personally appealed GUILLERMO GARCIA, who on oath says thaI he or she IS the DIREC TOR OF OP ER AT IONS, Legal No\!ccs 01 the Miami Daily Business Review tlk/a Miami Review, a da ily (except Saturday. Sunday and Legal Holidays) newspaper , publIShed at Miami In Mlami·Dado County, Flonda ; that the attached copy of advertisement. being a legal Ad\lertisernenl of Notice In the mailer of CITY OF SOUTH M IAMI· RFP #CSM2021·7649 SW6B AV ENUE in the XXXX Court. was pub lished in said newspaper in the issues of 031 16f202 1 Aman! furt her says th at th e said Miami Daily Business Review is 8 newspaper published al Miami, in said Miami ·Dade County, Fronde and thaI the said newspaper has heletofore be en con tinuo usly published in said Miami -Dade County . Florida each day (except Saturday. Sunday and legal HolidayS) and has been entered as second Class ma il matter at the poSI office In Miami in said Mtami -Dade County . Flonds. for a period of one year next precedlf'lg the first publication 01 the attached copy 01 advertisement; and affiant further says that he or she has neither paid nor promised any person . firm or corporat ion any discount. rebate , commission or refund for the purpose 01 securin g th is advertisemen t lor publicat ion In the said r 0 al known to me ii'ii'."'i;;;;.o CHRISTIMU YNII RAViX ,/ ~\l Commission # GG 217771 \7;~,t,~': Exp ires November 19 2022 ' •• 0,,\0:.' BaIdtd ' .......... Thrv T~ til ~' lnsur.!::;c:esoo.:JaS.70 19 SALE AND PURCHASE OF CITY PROPERTY RFP nCSM 2021-7849 SW 68 AVENUE SUBM ITTAL DUE DATE: A PRIL 21, 2021 AT 10 AM The City is hereby requesting sealed proposals in response t o this RFP I CSM20 21.7849 SW 68 Avenue for Sale and Purchase of City Property, loaned at 7849 SW 68 Avenu e, South Miami, Fl33143, as defined in the Bac\(ground and Scope of Project of the Solicitation. The purpose of this Sol1citation is 10 seek proposals for the purchase of the City's property. Interested persons who wish to respond to this Solicitation can obtain the complele Solicitation package by accessing the following webpage: ht tp://www.soulhmiamifl.g ov! which is the City of South Miami's web address for solicitation information. Th e City will onty receive su bm i tta ls electro nlcalty through the OemandS ta r El ectronic Bid Sy ste m (E ·Bldding). To regist e r a s a busin ess, go to https ·llnetwor~.dJtlPandlltar.coRJ! See directions for registering and signing into your DemandStar user account on the next page following Ihis Solicitation Cover letter. Responses must be received electronically through DemandSlsr, no laler than 10:00 A.M . local ti m e (the ·Closlng Oat e1 on April 21, 2021 and any Response received by the City through OemandStar after 10:00 am. local time on said dale w ill not be accepted under any circumstances . Hand delivery will not be accepte d. E-810 OPE NING VIA VIDEO CONFERENCING : The opening of E-Bids for th i s solicitation will occur at 10:30 A.M. l oca l ti me on (tho Cl osi ng Date, April 21, 2021 . The City Clerk will conduct Ihe E-8id Opening Ihrough video conferenc ing using the Zoom pla tform . Members of the puo6c may vieo.'1 the meeting via Zoom at t!nps:llzoof'!husri;1O~9. or listen to the meeting on a dedicated phone fine by dia!ing +l·186-0lS-1003 Meeting 10: 3056636339. 3/1S Nkenga A. Pay ne, CMC Ci1y Cieri< City of South Miami 21 -35/00005 1 8966M 167 MIAMI DAILY BUSINESS REVIEW Published On Iy except SQlurday , Sunday nnd Lo gal Holi day, M Jaml . M lami·Oade County , Fionda STATE OF FLORIDA COUNTY OF MIAMI·DADE : Before the undersigned au thority personally appeared GUILL ERMO GARCIA, who on oalh says thai he or she is the DIRE.CiQ?, OF OPERAT IONS, Legal Notices of the Miami Daily Business Saturday, published Re view I/kla MIami Review, a daily (except Sunday and l ega l HoU day s) newspaper, at MIami in Miami -Dade County, Florida ; thaI the att ached copy 01 ad vert ise ment, be ing a legal Advertisemen t 01 Notice in the matter of CI TY OF SOUTH MIAMI -RFP #CSM2D21-44CO SW ~o PLACE in Ihe XXXX Coun. was publis hed In sa id newspaper in the Issues o f 0311212 021 Affiant furth er says thaI Ihe said Miami Daily Business Review Is a newspaper published at Mia mi, i n sa id Miami·Dade County , Florida and that the said newsp ape r has herelofore been continuously published In said Miami-Dade County , Florida each da y (except Sa tur day , Sunday and legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miaml·Dade County, Florida , for a period of one year next preceding the rirst publ ication of the attached copy of advertisement ; and affiant fu rther says tha i he or she has neither pa id no r promised any person . rirm or any discou nt, rebate, comm ission or refund for the securing this advertisement for publication In ""'?~" CHRlSTl~\LYNN RAViX f?-'tfJ,.\ \ Commission # GG 27ml ~~~J§,.;~j Expires November 19, 2022 '<~~f.!~~., Sond~llvuTl ay Fa in Inwance 500-385-7019 corporaUon purpose of the sa id .. • SALE AND PURCHASE OF CITY PROPERTY -RFP #CSM2021-4400 SW 60 PLACE SUBMITTAL DUE DATE: APRIL 16, 2021 AT 10 AM The City is hereby requesting sealed proposals in response to th is RFP fl CSM2021-4400 SW 60 Place for Sale and Purchase of City Property, located at MOO SW 60 Pl ace, South Miami, FL 33143, as defined in the Background and Scope of Project of the Solicitation. Th e purpose of this Solicitation is to seek pro posals for the purchase of the City's property. Interested persons who wish to respond to this Soli citation can obtain the complete SOlici tation package by accessing the followin g webpage: hUp://www.soulhmlamlfl.gov/ wh ich is the City of South Miam i's web adtlress for solicitation informalio n. The City will only receive 5ub miHais electronically through the DemandStar Electronic Bid System (E-Bldding). To reg i ster as a bu si ness, go to hIlP.s;!lneJ\YQf!s.deJ1l8Jldstar....co,IDI Responses must be received electronically through DemandStar, no laler than 10:00 A.M. local time (the "C lo sing Date") on April 16, 2021 and any Response received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any ci rcumsfances, Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING, The openi ng of E-Bids for this soHci tatio n will occur at 10:30 A.M. loca l time on (the Cl osi ng Date, April 16, 2021. The City Clerk \'.;11 oonductthe E·Bid Opening through video conferenclng using the Zoom platfonn. Members of the public may view the meeting via Zoom at htt~zoom,l!.~305_663639~,or listen to the meeting on a dedicated phone line by dial ing +1 -78&635-1003 Meeting ID: 3056636399. 3/12 Nkenga A. Payne, CMC City Cieri< City of SoUth Miami 21·84/0000518343M 168 f a • PENSER APPRAISALS BOHowel n /a Fi le No 05016526 Pr operty Address 7849 SW 6Bth AVENUE (APPROX.) Case No Cit y SOUTH M IAMI Slate: Fl Zip 33143 lender PRIVAT E 16559 SW 61 LANE , MIAM I, Fl 3 3193 (3 05 )388.0270 -(305 ) 388-0495 169 .. I 1 PENSER APPRAISALS Borrower "fa File No.: 05016480 Properly Address 4400 SW 60th PLACE (APPROX .) Case No : City: SOUTH MIAMI State: FL Zip : 33143 Lender. PRIVATE APPRAISAL FOR VALUATION PURPOSES 16559 SW 61 LANE , MIAM I, FL 3 3193 (305 ) 368·0270 -(305) 388 .0495 170