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2019-09-10 Ex 051 2* 3 4 5* 6* 7 s 9 10 11* 12* 13 14* 15 16' 17* 18* 19* 20* 21 22* 23* 24* 25 26* 27* 28* 29* 30 31" Vacant Land Contract 2. 2b19-09-10 =+em Adder N G►n1 euSI,tillzSS B -L-K5 r,,Upy 1F' v, Sale and Purchase: CITY OF OKEECHOBEE ("Seiler") and TITO BROTHERS TREATMENT, LLC ("Buyer") (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Property") described as: Address: NE 12TH STREET OKEECHOBEE Legal Description: CITY OF OKEECHOBEE COMMERCE CENTER LOT 17: LESS THE EAST TWO ACRES OF LOT 17, CITY OF OKEECHOBEE COMMERCE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 3-15-37-35-0020-00000-0170 SEC _/TWP _/RNG _ of FL County, Florida. Real Property ID No.: _ including all improvements existing on the Property and the following additional property: Purchase Price: (U.S. currency)................................................................................................ $ All deposits will be made payable to "Escrow Agent" named below and held in escrow by: Escrow Agent's Name: Cassels & McCall Law Office Escrow Agent's Contact Person: Escrow Agent's Address: 400 NW 2nd St, Okeechobee, FL 34972 Escrow Agent's Phone: (863) 763-3131 Escrow Agent's Email: 52,500.00 (a) Initial deposit ($0 if left blank) (Check if applicable) ❑ accompanies offer ❑x will be delivered to Escrow Agent within 5 days (3 days if left blank) afterEffective Date................................................................................................................ $ 5,000.00 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) ❑ within days (10 days if left blank) after Effective Date ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... $ (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. (d) Other: FINANCING WILL INCLUDE A TO BE BUILT FACILITY SEE LINE 337 .......... $ (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) to be paid at closing by wire transfer or other Collected funds ............................................. $ 47,500.00 38* (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33* unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): 34* prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 8(c). The following rights of way and other areas will be excluded from the 37* calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39* delivered to all parties on or before September 12, 2019 this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter-offer will be 3 days after the date the counter-offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer has 42 signed or initialed and delivered this offer or the final counter-offer. 43* 4. Closing Date: This transaction will close on September 30, 2019 ("Closing Date"), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, but 45 not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. 51 5. Extension of Closing Date: If Paragraph 6(b) is checked and Closing Funds from Buyer's lender(s) are not 52 available on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements Buyer( - and Seller acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAC -12 Rev 8119 192019 Florida Realtors` Serial#: 083142-100156-8062763 Farr-! 53 ("CFPB Requirements"), if applicable, then Closing Date shall be extended for such period necessary to satisfy 54 CFPB Requirements, provided such period shall not exceed 10 days. 55 6. Financing: (Check as applicable) 56* (a) ❑ Buyer will pay cash for the Property with no financing contingency. 57* (b) ❑x This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) specified 58* below ("Financing") within days after Effective Date (Closing Date or 30 days after Effective Date, 59~ whichever occurs first, if left blank) ("Financing Period"). Buyer will apply for Financing within 3 days 60 after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, and 61 other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 62 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 63 returned. 64~ (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $250,000.00 65* or % of the purchase price at (Check one) ❑X a fixed rate not exceeding 5.5% Elan 66* adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 67 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 68 informed of the loan application status and progress and authorizes the lender or mortgage broker to 69 disclose all such information to Seller and Broker. 70* (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 71- Seller in the amount of $ bearing annual interest at -% and payable as follows: 72* 73 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 74 forms generally accepted in the county where the Property is located; will provide for a late payment fee 75 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 76 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on 77 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 78 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 79 to obtain credit, employment, and other necessary information to determine creditworthiness for the 80 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not Seller 81 will make the loan. 82* (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 83* 84* LN# in the approximate amount of $ currently payable at 85* $ per month, including principal, interest, ❑ taxes and insurance, and having a 86* ❑ fixed ❑ other (describe) 87* interest rate of % which ❑ will El will not escalate upon assumption. Any variance in the mortgage 88 will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase 89~ Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or the 90* assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing 91 which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves Buyer, 92 this contract will terminate; and Buyer's deposit(s) will be returned. 93* 7. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 94* contract, N may assign but not be released from liability under this contract, or ❑ may not assign this contract. 95~ 8. Title: Seller has the legal capacity to and will convey marketable title to the Property by ❑X statutory warranty 96~ deed ❑ special warranty deed ❑ other (specify) , free of liens, easements, 97 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 98 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 99* other matters to which title will be subject) PERMITTING OF PROPOSED FACILITY 100 provided there exists at closing no violation of the foregoing. 101 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and pay 102 for the title search, including tax and lien search (including municipal lien search) if performed, and all other 103 fees charged by closing agent. Seller will deliver to Buyer, at 104~ (Check one) 0 Seller's ❑ Buyer's expense and 105~ (Check one) ❑within 5 days after Effective Date p at least 5 days before Closing Date, 106 (Check one) 107~ (1) ❑x a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 108 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the Buyer c �3) (__J and Seller (_) L� acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAC -12 Rev 8/19 02019 Florida RealtorsO Serial#: 083142-100158-8082703 `Fomn Simplicity 109 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 110 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 111 Buyer within 15 days after Effective Date. 112* (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 113 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 114 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will 115 include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 116 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 117 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 118 then (1) above will be the title evidence. 119* (b) Title Examination: After receipt of the title evidence, Buyer will, within 5 days (10 days if left blank) but 120 no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable to 121 Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and Seller 122* cures the defects within days (30 days if left blank) ("Cure Period") after receipt of the notice. If the 123 defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice of 124 such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within 125 the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after receipt of 126 notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept title subject 127 to existing defects and close the transaction without reduction in purchase price. 128 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 129 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 130 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 131 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 132 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 8(b). 133 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 134 9. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 135 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 136 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 137 (a) Inspections: (Check (1) or (2)) 138 (1) ❑x Feasibility Study: Buyer will, at Buyer's expense and within 7 days (30 days if left blank) 139 ("Feasibility Study Period") after Effective Date and in Buyer's sole and absolute discretion, determine 140 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer may 141 conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and investigations 142 ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's 143 engineering, architectural, and environmental properties; zoning and zoning restrictions; subdivision 144 statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with 145 local, state, and regional growth management plans; availability of permits, government approvals, and 146 licenses; and other inspections that Buyer deems appropriate. If the Property must be rezoned, Buyer will 147 obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is 148 required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, 149 contractors, and assigns, the right to enter the Property at any time during the Feasibility Study Period for 150 the purpose of conducting Inspections, provided, however, that Buyer, its agents, contractors, and assigns 151 enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seiler 152 harmless from losses, damages, costs, claims, and expenses of any nature, including attorneys' fees, 153 expenses, and liability incurred in application for rezoning or related proceedings, and from liability to any 154 person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will 155 not engage in any activity that could result in a construction lien being filed against the Property without 156 Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (i) repair 157 all damages to the Property resulting from the Inspections and return the Property to the condition it was in 158 before conducting the Inspections and (ii) release to Seller all reports and other work generated as a 159 result of the Inspections. 160 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 161 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 162 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 163 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 164 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. Buyer (�) and Seller () (_) acknowledge receipt of a copy of this page, which is 3 of 7 pages - VAC -12 Rev 8/19 ©2019 Florida Realtors" Serial=: 083142-100146-8062763 rorm 165" (2) ❑ No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 166 being satisfied that either public sewerage and water are available to the Property or the Property will be 167 approved for the installation of a well and/or private sewerage disposal system and that existing zoning 168 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 169 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 170 contingent on Buyer conducting any further investigations. 171 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 172 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 173 expired or if Paragraph 9(a)(2) is selected. 174 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government agencies 175 which flood zone the Property is in, whether flood insurance is required, and what restrictions apply to 176 improving the Property and rebuilding in the event of casualty. 177 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the CCCL as 178 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 179 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 180 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 181 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 182 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 183 Department of Environmental Protection, including whether there are significant erosion conditions associated 184 with the shore line of the Property being purchased. 185' El Buyer waives the right to receive a CCCL affidavit or survey. 186 10. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 187 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 188 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to 189 Seller (in local cashier's check if Seiler requests in writing at least 5 days before closing) and brokerage fees to 190 Broker as per Paragraph 21. In addition to other expenses provided in this contract, Seiler and Buyer will pay the 191 costs indicated below. 192 (a) Seller Costs: 193 Taxes on deed 194 Recording fees for documents needed to cure title 195 Title evidence (if applicable under Paragraph 8) 196 Estoppel Fee(s) 197° Other: 198 (b) Buyer Costs: 199 Taxes and recording fees on notes and mortgages 200 Recording fees on the deed and financing statements 201 Loan expenses 202 Title evidence (if applicable under Paragraph 8) 203 Lender's title policy at the simultaneous issue rate 204 Inspections 205 Survey 206 Insurance 207• Other: 208 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 209 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, and 210 other Property expenses and revenues. If taxes and assessments for the current year cannot be determined, 211 the previous year's rates will be used with adjustment for any exemptions. 212 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will 213 pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount of the 214 last estimate of the assessment if an improvement is substantially completed as of Effective Date but has not 215 resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be paid in 216 installments, ❑ Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 217 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 218 Homeowners' or Condominium Association. 219 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 220 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 221 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY Buyer 6-121) L_) and Seller L_) �) acknowledge receipt of a copy of this page, which is 4 of 7 pages. VAC -12 Rev 8/19 ©2019 Florida Realtors - Serial;,: 083142-100156-8062763 F orm Simplicity 222 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 223 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 224 COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. 225 (f) Foreign Investment in Real Property Tax Act ("FIRPTA"): If Seller is a "foreign person" as defined by 226 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 227 closing. 228 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 229 closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will cooperate 230 in all reasonable respects to effectuate the Exchange including executing documents, provided, however, that 231 the cooperating party will incur no liability or cost related to the Exchange and that the closing will not be 232 contingent upon, extended, or delayed by the Exchange. 233 11. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 234 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 235 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday will 236 extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in this 237 contract. 238 12. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 239 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 240 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 241 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 242 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and receive 245 all payments made by the governmental authority or insurance company, if any. 244 13. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 245 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 246 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 247 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 248 within the control of Seller or Buyer and which by the exercise of due diligence the non-performing party is unable 249 in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for the period 250 that the act of God or force majeure is in place. However, in the event that such act of God or force majeure event 251 continues beyond 30 days, either party may terminate this contract by delivering written notice to the other; and 252 Buyer's deposit(s) will be returned. 253 14. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 254 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 255 this contract, regarding any contingency will render that contingency null and void, and this contract will 256 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received by 257 an attorney or licensee (including a transactions broker) representing a party will be as effective as if 284 delivered to or received by that party. 259 15. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer. 260 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker unless 261 incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed or 262 initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 263 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 264 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 265 Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If any 266 provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully 267 effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. This 268 contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular or 269 plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 270 permitted, of Seller, Buyer, and Broker. 271 16. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 272 closing or termination of this contract. 273 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 274 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting 275 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be 276 liable for the full amount of the brokerage fee. Buyer (3�) () and Seller L_) () acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAC -12 Rev 8119 02019 Florida Realtors® SeriaW: 063142-100156-8062763 ".'` Form Simplicity 277 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 278 including payment of deposit(s), within the time(s) specified, Seiler may elect to recover and retain the 279 deposit(s), paid and agreed to be paid, for the account of Seiler as agreed upon liquidated damages, 280 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 281 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 282 equity to enforce Seller's rights under this contract. 283 17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 284 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 285 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 286 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 287 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 288 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 289 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 290 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person 291 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this 292 contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees 293 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed 294 funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 295 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 296 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this 297 contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 298 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 299 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 300 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 301 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 302 government agencies for verification of the Property condition and facts that materially affect Property 303 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 304 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 305 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 306 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 307 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 308 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 309 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 310 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 311 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 312 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 313 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 314 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 315 This Paragraph will survive closing. 316 20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 317 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 318 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 319 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 320 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 321 21. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: Seller 322 and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate 323 brokerage agreements with the parties and cooperative agreements between the Brokers, except to the extent 324 Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any MLS or 325 other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 326 ° (a) NSA (Seller's Broker) 327 ° will be compensated by ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other 328 (specify): 329 ° (b) NSA (Buyer's Broker) 330 will be compensated by ❑ Seller ❑ Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of 331 • compensation ❑ other (specify): Buyer (S3 } (_) and Seller C_) (_) acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAC -12 Rev 8119 ©2019 Florida Realtors- Serial#: 083142-160156-8062763 Form Simplicity 332 22. Addenda: The following additional terms are included in the attached addenda and incorporated into this Contract 333 (Check if applicable) 334* ❑ A. Back-up Contract 335* ❑ B. Other 336 337* 23. Additional Terms: CONTRACT IS CONTINGENT UPON FINANCING FOR THE FACILITY TO BE BUILT. 338 CONTRACT IS CONTINGENT P HE APPROVAL OF THE CIT-YH IN 339 H EE COUNTY, PERMITTINGHE L1 A T E Y 340 A 341 UPON A FAVOMZLE SOI1_N 342 343 In order to limit the purchasing of industrial lots for investment purposes as opposed to development the 344 345 In development 346ts failure O do 347 so, buyer shall grant the Gfty tirst right of re use to purc ase the lots for the same sum as Buyer originally 349 348 Aald for the lots However Qnc e Rt uyt-r dnes Commence rte reln ment AQd CO ct i Iction VyltiliR-the 5 -year 350 351 sell the lots. 352 353 COUNTER-OFFER/REJECTION 354' ❑ Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and 355 deliver a copy of the acceptance to Seller). 356* ❑ Seller rejects Buyer's offer 357 358 359' 360` 361 362* 353 364' 365' 366* 367* 368' 369* 370 371* 372* 373* 374 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before signing. Buyer: _ Print name: Buyer: Print name: v TITO BROTHERS TREATMENT, LLC, JORDAN BALDWIN MM Buyer's address for purpose of notice: Address: Phone: Seller: Print name: Seller: Fax: Print name: Seller's address for purpose of notice: Address: Phone: Fax: Date: 9-9-2019 Date: Email: Date: Date: Email: Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida REALTORSmakes no representation as to the legal validity or adequacy of any provision o this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR=. REALTOR" is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS` and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer (_) C_) and Seller �_) ;_) acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -12 Rev 8119 ©2019 Florida Realtors' Serial#:083142-100156-8062763 CI' 3F1 -i .. ... `'r 9710/2019 Okeechobee County Property Appr Okeechobee County Property Appraiser Mickev L. Bandi Parcel: L< 3-15-37-35-0020-00000-0170 » ',Owner & Property Info CITY OF OKEECHOBEE Owner 55 SE 3RD AVENUE OKEECHOBEE, FL 349742903 Site NE 12TH ST, OKEECHOBEE CITY OF OKEECHOBEE COMMERCE CENTER LOT 17; LESS THE EAST TWO ACRES OF LOT 17, CITY OF OKEECHOBEE COMMERCE CENTER, Description* ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE ...more»> Area 1.497 AC is /R 15-37-35 Use Code** MUNICIPAL (008089) ITax District 50 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. l The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values updated: 9/5/2019 Sales 2018 Certified Values 2019 Preliminary Certified Mkt Land (1) $67,365 - Values Ag Land (o) $p Mkt Land (1) $77,844 Building (o) $0 Ag Land (o) $0 XFOB (o) $0 Building (o) $0 Just $67,365 XFOB (o) $0 Class $0 Just $77,844 Appraised $67,365 Class $0 SOH Cap [?] $0 Appraised $77,844 Assessed $67,365 SOH Cap [?] $0 Exempt OTHER $59,231 Assessed $77,844 1 Total county:$0 city:$0 -Exempt OTHER $65,154 Taxable other:$0 school:$0 Total county:$0 city:$0 ",R*. Taxable other:$0 school:$0 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. R'' 06 T Sales History Sale Date Sale Price Book/Page 10/1/1979 $379.000 231/0716 2019 Preliminary Certified Values Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 updated: 9/5/2019 Sales ,. T.. s A',. t.(y To ",R*. 14E 121 H SI R'' 06 3-15-37-35-0020-00000-0170 (04) ► r CITY OF OKEECHOBEE NE 12TH ST *= 15/37/35 (MUNICIPAL) 1.497AC "` Txbl:$0.00 Sale:10/1/1979 - $379,000 - V/Q 0-4 — e•r r * Deed V/I Quality (Codes) RCode WD Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year BitBase SF Actual SF Bldg Value NONE Extra Features & Out Buildings (codes) Code Desc Year Blt T_ -Value Units Dims _F_ Condition (% Good) NONE Land Breakdown Land Code--� Desc 067CIl CITY IND (MKT) Units Adjustments_ 1.497 AC 1.00/1.00 1.00/1.00 Eff Rate Land Value $52,000 $77,844 g4b.okeechobeepa.com/gis/ 1/2 Letter of Intent City of Okeechobee This letter serves as a letter of intent that Tito Brothers Treatment now referred to as "TBT" would like to purchase all three land parcels at $35,000 per acre. Upon successful acquisition, TBT will immediately begin construction with the intent of being fully operational January 1st, 2020. TBT owns and operates several successful medical waste disposal companies in the Southeast region. TBT uses the same autoclave technology which was used by B&D Biomedical Waste Services, which was owned and operated at 2401 NW 16th Blvd Okeechobee, FL 34972. Autoclave technology uses high pressure steam to treat the medical waste in a safe and economical manner. TBT is regulated by the Florida Department of Health and Federally regulated by the Department of Transportation and Occupational Safety & Health Administration. There are strict time, hauling and treatment requirements which TBT must follow under these three regulatory bodies to keep the community safe and secure. The total capital equipment investment in this project is approximately $1.5 Million. The estimated useful life of an autoclave is 20 years and the installation is approximately $200,000, therefore TBT looks upon this property and the City of Okeechobee to be a long term partner for decades to come. Serving over 1,500 medical facilities in the State of Florida, TBT would bring 20-30 high paying jobs to the community of Okeechobee. TBT believes in providing a sustainable income and the lowest wage paid is $20 per hour, over 100% higher than the average wage in Okeechobee County.