4-Sample Agreement for Sale and Purchase.pdf

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Attached to
SALE OF SURPLUS PROPERTY-MARGARET DR
Solicitation number
IFB-SV-26-044
Issued by
Pasco County, Florida

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Agreement for Sale and Purchase of Surplus Real Property

This is an Agreement for Sale and Purchase document executed by Pasco County, Florida, for the sale of surplus county-owned real property located at 6611 Margaret Drive, Port Richey, Florida. The property is identified by Parcel ID 09-25-16-0760-00000-1680 and comprises approximately 0.13 acre. The transaction is contingent upon successful closing within ninety (90) days of contract execution. The buyer is responsible for obtaining title insurance at its own expense, surveying the property if desired, and addressing any title defects or survey encroachments within specified timeframes. Additionally, the buyer must demolish a decommissioned potable well and pump house located on the property prior to receiving a Certificate of Occupancy for any residential structure. Pasco County, acting through its Board of County Commissioners, conveys the property by County Deed under the authority of Florida Statute 125.35(1) and makes no warranties regarding habitability, condition, merchantability, or fitness for any use.

The minimum bid amount is $13,918.00, with a required deposit of ten percent (10%) of the bid amount due at the time of bid submission. The sale is cash only with no financing available. The buyer assumes responsibility for all closing costs, documentary stamps, and recording fees, while the seller pays all prorated ad valorem taxes, solid waste or other special assessments, street light assessments, and tangible personal property taxes accruing through the date of closing. The property is conveyed in "AS IS" condition with no express or implied warranties. Risk of loss transfers to the buyer upon closing. The agreement is governed by Florida law with venue in Pasco County, Florida, and contains standard commercial terms including a jury waiver, assignment restrictions limited to affiliated entities, and a requirement that all notices be provided in writing via email.

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File Type Posted
3-Public Notice (TBT Advertisement).pdf PDF
2-Terms and Conditions.pdf PDF
1-Bid Form.pdf PDF

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6611 Margaret Drive - Page 1 of 4

AGREEMENT FOR SALE AND PURCHASE

OF SURPLUS REAL PROPERTY

(6611 Margaret Drive)

THIS AGREEMENT, by and between xxxxxxxxxxxxxxxxxxx, whose address is xxxxxxxxxxxxxxxxxxx, hereinafter referred to as “BUYER”, and PASCO COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, hereinafter referred to as “SELLER.”

WITNESSETH:

THE TOTAL PURCHASE PRICE is xxxxxxxxxxxxxxxxxxx ($xxxxx.xx), payable by Buyer to Seller subject to the following terms and conditions:

1. SELLER agrees to sell and convey to BUYER by County Deed, and BUYER agrees to purchase the property described in Exhibit “A,” attached hereto and by reference made a part hereof (hereinafter “the Property”). The Property is currently identified by Pasco County Property Appraiser Parcel ID No. 09-25-16-0760-00000-1680. The property is approximately 0.13 acre, more or less. In the event the total acreage is more or less than 0.13 acre, there shall be no price adjustment.

2. The closing will occur within 90 days of execution of this Agreement by the

SELLER, unless extended by mutual agreement of the parties in writing.

3. BUYER accepts all real property being conveyed in this Agreement in AS IS condition. SELLER makes no actual or implied warranties of habitability, condition, merchantability, or fitness for any general or specific use are hereby given.

4. BUYER may obtain a title insurance commitment and policy, at BUYER’S expense, issued by a Florida licensed title insurance company, agreeing to issue to BUYER upon recording of the Deed, an owner’s policy of title insurance in the amount of the purchase price, insuring BUYER’S title to the Property, subject only to liens, encumbrances, exceptions or qualifications set forth in this Agreement as Exhibit “A”, and those which shall be discharged by SELLER at or before closing. BUYER shall pay for any Lender’s title policy endorsements, if any, and all other closing costs specifically charged to SELLER in this Agreement. BUYER shall notify SELLER in writing of any objections BUYER has to the title commitment within thirty (30) days of BUYER’S receipt of same. SELLER shall be under no obligation to address or remove any matters objected to by BUYER, but if it does elect to attempt to address or remove items object to by BUYER (other than those items listed in Exhibit “A”), SELLER shall have a period of ninety (90) days after notification thereof within which to cure defects in the title, and the sale shall be closed within thirty (30) days after notice of such curing to BUYER. In the event SELLER is unsuccessful in curing such defects, BUYER shall have the option of either accepting title as is, or terminating this Agreement without penalty, and BUYER shall be refunded the Bid Deposit, without interest, and thereupon, BUYER and SELLER shall be released, as to one another, without further obligations under this Agreement.

5. Prior to closing, the Property may be surveyed by BUYER, at BUYER’S expense.

If the survey shows any encroachments on the Property or that the improvements located on the Property encroach on other lands, written notice thereof will be given to SELLER by BUYER within thirty (30) days from BUYER’S receipt of the survey, and SELLER will have ninety (90) days to

6611 Margaret Drive - Page 2 of 4 remove such encroachments within said time, or in the event that SELLER elects not to cure any such defects in the survey that are timely objected to by BUYER, BUYER, at its option, may terminate this Agreement, and BUYER shall be refunded the Bid Deposit, without interest, and all rights and liabilities arising hereunder or may close the sale in the same manner as if no such defect had been found.

6. BUYER agrees to demolish the decommissioned potable well and pump house, and its contents located on the Property, at BUYER’S sole expense, prior to receipt of a Certificate of Occupancy for any residential structure constructed on either of the two lots.

7. BUYER agrees to pay any closing costs, documentary stamps, and any recording fees required on the instrument of conveyance.

8. SELLER shall pay all prorated ad valorem taxes, solid waste or other special assessments, street light assessments, and tangible personal property taxes, if any, accruing up to and inclusive of the date of closing.

9. The terms and conditions of this Agreement shall survive the closing, except as otherwise limited herein.

10. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors, and assigns insofar as the context hereof will permit.

11. This Agreement, including all exhibits attached hereto, embodies the complete and entire agreement between the parties regarding this transaction and supersedes all prior negotiations, agreements, and understandings relating thereto. This Agreement may not be varied or modified except by written agreement of both SELLER and BUYER or BUYER’S authorized agent.

12. No delay or omission in the exercise of any right or remedy accruing to SELLER or BUYER upon any breach under this Agreement shall impair such right or remedy or be construed as a waiver of any other breach occurring before or after such breach.

13. This Agreement shall be construed under and in accordance with the laws of the

State of Florida and venue for its enforcement shall be in PASCO COUNTY, FLORIDA.

14. This Agreement may be executed in two or more counterparts, all of which together shall constitute one and the same instrument. There may be duplicate originals of this Agreement, only one of which need to be produced as evidence of the terms hereof.

15. If any date described herein falls on a Saturday, Sunday or government holiday, that date shall be automatically extended to the next day that is not a Saturday, Sunday or government holiday.

16. Risk of loss or damage to the Property, or any part thereof, by fire or any other casualty will be on the SELLER up to the date of closing and thereafter will be on the BUYER.

17. BUYER may not assign its rights under this Agreement, other than to an affiliated entity.

18. Time is of the essence for this Agreement.

6611 Margaret Drive - Page 3 of 4

19. All notices to be served upon any party hereto in connection with this Agreement must be in writing and served via e-mail to all email addresses listed below. Notices shall be deemed to have been given and received when sent. Notice may be served by United States mail, hand delivery, or overnight delivery service only if a party does not have an e-mail address listed below. Notices shall be deemed to have been served and received (a) when delivered, if by hand delivery or overnight delivery service, or (b) five days after mailed, if by United States mail.

Notices shall be served upon the parties at the following addresses:

As to BUYER:

xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx

As to SELLER: With a COPY to:

Attn: Michael J. Carballa, P.E. Attn: Heather Wolff Pasco County Administrator Real Property 8731 Citizens Drive, Suite 340 7220 Osteen Road New Port Richey, FL 34654 New Port Richey, FL 34653 Tel: (727) 847-8115 Tel: (727) 847-8138 x 3947 Email: pcadmin@pascocountyfl.net Email: hwolff@pascocountyfl.net

20. SELLER AND BUYER each knowingly, voluntarily, and intentionally waive any right it may have to a trial by jury of any claim, demand, action or cause of action, in connection with or in any way related to this Agreement.

21. ANY ADDITIONAL DISCLOSURE OR TERMS: AS NECESSARY

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this agreement on the dates set forth below.

BUYER: xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx

By: _______________________________

Print Name: xxxxxxx xxxxxxx Date: ______________________________

BOARD OF COUNTY COMMISSIONERS

ATTEST: OF PASCO COUNTY, FLORIDA

BY _________________________ BY ________________________________

Nikki Alvarez-Sowles, Esq.

Clerk & Comptroller Chairman Date: _______________________ mailto:pcadmin@pascocountyfl.net mailto:hwolff@pascocountyfl.net

6611 Margaret Drive - Page 4 of 4

Exhibit “A”

Legal Description:

09-25-16-0760-00000-1680

Section 09, Township 25 South, Range 16 East of Pasco County, Florida

PINELAND PARK UNREC PLAT LOT 168 BEING POR OF TRACT 38 OF PORT RICHEY LAND COMPANY SUB PB 1 PG 61 DESC AS: COM AT NE COR OF SAID TRACT 38 TH S00DEG 21' 13"W ALG E LINE OF TRACT 38 330 FT TH N89DEG51' 58"W 193.03 FT FOR POB TH N89DEG51' 58"W 50 FT TH S00DEG21' 13"W 110 FT TH S89DEG51' 58"E 50 FT TH NOODEG21' 13"E 110 FT TO POB; SOUTH 25 FT THEREOF

BEING SUBJECT TO EASEMENT FOR PUBLİC RD R/W &/OR UTILITIES OR 8826 PG 1836

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