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12/14/1994CONTRACT FOR SALE AND PURCHASE The parties hereto, DOROTHY M. BAER ("Seller"), whose address is 87883 Old Highway, Islamorada, FL 33036, and the Board of County Commissioners of Monroe County, a political subdivision of the State of Florida, ("Buyer") of Public Service Building, College Road, Stock Island, Key West, FL 33040, (904)294-3452, hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") upon the following terms and conditions. 1. Description: Legal description of Real Property located in Monroe County, Florida described in Exhibit A, at- tached hereto and incorporated herein by reference. 2. Purchase Price: Two Hundred Forty-one Thousand ($241,000) Dollars. 3. Time for Acceptance; Effective Date: If this offer is not executed by and delivered to all parties or effective exe- cution communicated in writing between the parties on or before December 31, 1994, the offer shall be withdrawn. The date of this contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. 4. Title Evidence: At least thirty (30) days before closing date, Seller shall, at Seller's expense,, deliver to Buyer ?NGI or Buyer's attorney, in accordance with Stagdard A, title insur- ance commitment. 09: Z d 0E 330 K OdODIL 0311-4 5. Closing Date: This transaction shall be closed and the deed and other closing papers delivered on or before March 8, 1995, unless extended by other provisions of contract. 6. Restrictions; Easements; Limitations: A. Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authorities; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10' in width as to the rear or front lines and 7k' in width as to the side lines, unless otherwise specified herein); provided that there exist at closing no violation of the foregoing purposes. B. The Buyer agrees to a covenant running with the land prohibiting the sale of food and beverages on the Real Property described in paragraph one of this contract for a period of 25 years commencing on the date of closing. 7. Occupancy: Seller warrants that there are no parties in occupancy other than the Buyer as a lessee. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy pursuant to this contract is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date and shall be deemed to have accepted Property in existing condition as of the time of taking occupancy unless otherwise stated herein or in a separate writ- ing. 8. Handwritten/Typewritten Provisions: Handwritten or typewritten provisions shall control all printed provisions of contract in conflict with them. 9. Coastal Construction Control Line ("CCCL") Rider: If contract is utilized for the sale of Property affected by the CCCL, Chapter 161, Florida Statutes, 1985 as amended, it shall apply and the CCCL Rider or equivalent may be attached to this contract. 10. Foreign Investment in Real Property Tax (FIRPTA) Rider: The parties shall comply with the provisions of FIRPTA and applicable regulations which could require Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this contract. 11. Assignability: Buyer may not assign contract. 12. Special Clauses: A. Description - attached hereto is Exhibit A is a legal description of the Property. B. Closing Date and Purchase Price - provided Seller has delivered a title commitment to Buyer on or before February 6, 1995, this transaction shall be closed and the deed and other closing papers delivered on March 8, 1995, unless extension by other provisions of contract. The purchase price shall be payable in full on March 8, 1995. C. Property Sold As Is - 1. Except as provided in paragraph C(2) below, no representations or warranties have been made by the Seller to the Buyer as to the condition of the Property, and it is understood and agreed that the premises are sold "As Is" at the time this contract is closed. 2. Buyer may at its own cost and expense obtain a phase I environmental audit for the Property. Should the audit reveal the presence of any hazardous material on the Property not due to the Buyer's use of the property as lessee, Buyer shall notify Seller in writing on or before January 11, 1995. Seller may at Seller's option either elect to remove the hazardous material at Seller's cost prior to closing date, or Seller may elect to cancel this contract, at which point the parties will have no further obligation to each other. D. Commission Fees - The Seller has dealt directly with Buyer and no broker or finder has been involved in this trans- action. Seller agrees to indemnify Buyer against any loss of expense arising by reason of the claims of any person claiming a commission from this transaction. This indemnification shall survive the closing of this transaction. E. Default and Specific Performance - Buyer acknowledges that monetary damages will not sufficiently compensate Seller if Buyer fails to perform this contract. In consideration of this, and in recognition of the fact that Buyer is not tendering a deposit hereunder, Buyer agrees that Seller shall be entitled to seek the remedy of specific performance if Buyer fails to perform this contract. If Seller fails to perform this contract, Buyer may seek specific performance. F. Radon Gas Notice to Prospective Purchaser - radon is a naturally occurring radioactive gas that, when it has been accumulated in a building in sufficient quantities, may present health risk to person who are exposed to it over time. Levels of radon that exist federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Pursuant to 1 404.056(7), FS. G. Notice of Facsimile Transmissions (fax) - an executed counterpart of the Contract for Sale and Purchase, received by way of fax transmission shall be deemed to be an executed con- tract, enforceable and admissible for all purposes as may be necessary under the terms of this contract. Attached hereto and incorporated herein by reference is Exhibit B Standards for Real Estate Transactions, as amended by handwritten and/or typewritten provisions. IN WITNESS WHEREOF, each party has caused this contract to be executed by its duly authorized representative. (SEAL) Attest: DANNY L.KOLHAGE, Clerk - _..�. Mo,. � _ �> . � -=—A •�.�A14 M�f140 l' Witnesses coniiigaragei BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BUYER By ayor airman Date �)o member a3 , I oqq DOROTHY M. BAER SELLER &4-�P'-hz i Date (� 1 T A "n3;- Daio � _.. Lots 7, 8, & 9, Square3, Plantation Beach, Plat Book 2, Page 76 of the Public Records of Monroe County.