You must Agree to all terms and conditions before registering to ECCAuction.com
Use of the ECCAuction.com's web site and the services we offer constitutes
your acceptance of all terms and conditions stated in the below User Agreement.
ECCAuction.com's reserves the right to change or amend this agreement at any
time. Changes or Amendments will be posted to our site and considered effective
30 days from the date they are posted to the site. If you do not agree to such
changes, you may request that we close your account by contacting us.
All questions regarding this User Agreement should be sent via email to Legal
1. Eligibility of Membership / Registration
To use our services, you must be at least 18 years of age and be able to form or
enter into a legally binding contract in accordance with applicable laws. If you
are eligible to use our services, you must complete the Registration process by
providing ECCAuction.com's with true and correct information as required on the
ECCAuction.com's registration form. If the information you provide is found to
be false or non-verifiable, we may suspend or terminate your registration and
2. ECCAuction.com's serves only as a Venue
ECCAuction.com's is an Internet site on which registered users post ads
offering merchandise which they possess and wish to sell in an open auction
environment. Registered users may also bid on or buy such merchandise. At no
time does ECCAuction.com's possess, hold, or offer any merchandise for sale or
auction, nor are we involved in any part of the actual transaction. ECCAuction.com's
serves only as a venue in which individual sellers and buyers may engage in
transactions between each other. Because of our non-involvement in these
transactions, it is the sole responsibility of the seller to accurately
represent the quantity, quality, safety, authenticity, and availability of the
items the seller has listed on the site. Furthermore, it is the responsibility
of the bidder/buyer to verify with the seller any or all information about any
item listed on ECCAuction.com's, for which they intend on placing a bid, before
placing such bid. ECCAuction.com's can not be responsible for a sellers
willingness or ability to sell any item they have listed, or a Bidders
willingness to follow through with a transaction for an item(s) for which they
have placed a bid. We encourage open communication between buyers and sellers
before and after any transaction takes place.
3. User Verification
Because of difficulties involved with verification over the Internet, ECCAuction.com's
is unable to guarantee that a user is who they may claim to be. If you are
uncertain as to another users identity, we suggest that you contact them. You
may also review any members feedback profile to see what others have said about
dealing with them.
4. Disputes and Release
Because ECCAuction.com's has no involvement in transactions between users we
can not get involved in disputes between users. You hereby release ECCAuction.com's
(including all officers, employees, parent companies, contractors, suppliers, or
agents) from any and all types of damages or claims resulting from such
5. Selling on ECCAuction.com's
Review the listing policy for more information
6. Placing Bids
By placing a bid on an item(s) listed on ECCAuction.com's, you are stating that
you have the ability and intention to purchase the item for the amount of your
bid, should the auction end and you are the high bidder. In the case of a
reserve auction, if your bid meets or exceeds the sellers stated reserve price,
you agree to purchase the item(s) for the amount of your winning bid.
Before placing a bid in an auction, you should be certain you understand all
terms and conditions of the sale as indicated by the seller. Placing a bid is
considered a legal, binding contract in most states. If you have any questions
about an item, or the seller offering the item, you should ask the seller before
placing your bid.
Only in certain situations would bid withdrawal be acceptable. These situations
a) The seller has made material changes to the description of the item after
your bid was placed.
b) The seller has made a typographical error in the description of the item.
c) You have contacted the seller and received their express permission to
withdraw your bid.
Bidders may not engage in the following activity:
a) Bidding in a manner that causes the maximum bid of other bidders to be
revealed, then retract your high bid, and bid again at a lower increment above
the true high bidder.
b) Placing bids for the purpose of exposing the sellers reserve price, then
retract your bid and bid again later with a secondary User ID.
c) Bidding on any item that you do not have the intention or means to purchase
at the close of the auction, should your high bid cause you to win the auction.
You are encouraged to ask the seller of an item listed on ECCAuction.com's, any
questions you may have regarding the sale of, or condition of the item before
placing your bid.
d) By placing a bid, you further state that the purchase and or delivery of the
item does not violate any local, state or federal laws, regulations or
guidelines regarding the sale or distribution of such item(s).
7. Fees and Charges
The listing fee for posting an item on ECCAuction.com's is 100% FREE. There is
however, a minimal charge for other auction posting features such as featured
item listings, attention grabbers, bold listings, etc., should you wish to use
them. There will also be a final value fee imposed on all items sold (please see
the "Auction Fees" page). This amount will be automatically debited to your
account and you will be sent an invoice monthly via email showing your account
status. A negative balance indicates money owed on your account. A positive
balance indicates credit available to you for posting items for auction and our
other services. We will extend a floating credit to you up to $100.00, at which
time we will send you an invoice via email requesting payment. Should this
payment not be made, your account will be suspended until payment is received,
and posted to your account. Payments can be made through PayPal, directly from
your "Account Manager", which is our preferred method, or if you so desire, you
can send a check or money order to the address listed in your "Account Manager".
Please realize however, that this method of payment may delay your being able to
continue posting auctions until your payment is received, processed, and posted
to your account.
A great way to pay off your seller's bill is by utilizing our "Affiliate and
Registration Credit" programs. Any credits you receive through this programs
will be immediately deducted from your account balance, however, these credits
have a ZERO cash value, and cannot be refunded as cash. You may also wish to
make a payment ABOVE your amount owed, which you may do at any time, and the
amount will show up as a "positive" amount in your account
8. Personal Information
Personal information is the information that you provide to ECCAuction.com's or
to other members when:
- Completing the registration process.
- Listing an item.
- Placing a bid.
- Leaving feedback comments.
- Placing your credit card information on file with us.
- Posting messages in any lobby area.
- Using any email feature offered to you through use of the site.
You are responsible for your personal information. In the event that your
information creates a liability to us that may cause our Internet service
provider, suppliers, agents, or contractors to sever their services to us
because of such liability, we may take appropriate actions regarding such
ECCAuction.com has strict policies relating to members' contact information:
- members can't misrepresent their identities.
- members must always provide valid and complete contact information.
- For everyone's safety, members are never permitted to publish the contact
information of other members in an online public area.
- Every membership must always have a valid email address.
9. Your Password
You may not disclose, share, or distribute your password to any third party. If
you feel your password has been jeopardized, you may change your password at any
time, and as often as you wish.
10. Public Chat Lobbies
ECCAuction.com's provides public forums (herein referred to as "Lobbies"), in
which registered members may post messages and enjoy interacting with other
registered members. These lobbies are provided as a courtesy to the ECCAuction.com's
community. ECCAuction.com's is not responsible for the content posted in the
Lobbies and may not agree with the views expressed therein.
The following types of posts or comments are considered unacceptable in any
lobby on our site. Posting of such may result in the suspension of your ability
to post in our lobby or the suspension of your ECCAuction.com's Account.
- Posts that contain any code or programming routine that interferes with
the stability of the site, or the ability of others to post messages in a
- Posts that advertise items you have for sale.
- Posts that contain profanity or that are defamatory in nature.
- Posts that contain links to other online auction sites.
- Posts that contain adult pictures, material, or links.
- Posts that disclose personally identifiable information about another
- Posts that are disruptive in nature, harass or threaten another member or
ECCAuction.com's staff member.
Additional guidelines may be posted, and amended, regarding the use of our
Neither you nor any parties affiliated with, contracted by, or created by you
may take any actions to interfere with or interrupt, the operation or stability
of the ECCAuction.com's web site. This includes, but is not limited to, the use
of any software, device, or programming routine that could place excessive loads
on our system or interfere with any listing or auction listed on our site, or
any users account or information.
ECCAuction.com's provides registered users with the ability to leave comments
about their experiences in dealing with other registered users, through our
feedback system. The following actions regarding the use of the Feedback system
Threatening another user with negative feedback for their refusal to perform
actions not related to your transaction with that user or their failure to agree
to terms and conditions of an auction that were not stated in the original
Leaving feedback that contains vulgarity or profanity.
Leaving feedback that discloses another users personally identifiable
Leaving comments that are negative in nature, through the selection of the
Positive comment option.
ECCAuction.com's provides you with an opportunity to "Retract" a negative
feedback comment that you have left about another registered user within 30 days
from the time you have posted such comment. This function should not be misused.
Leaving multiple negative comments, and then retracting them, can result in
suspension of your registration and account.
In the event that your feedback rating should reach the status of -4 (negative
4) your registration and account may be suspended.
It is expected that you will use the Feedback system in a manner that upholds
and maintains the integrity of the Feedback System.
ECCAuction.com's takes several steps to protect and prevent the misuse of the
personal and private information you supply us. You may review our current
All notices given between both parties (You and ECCAuction.com's) will be made
via email, certified mail, or registered mail. Notices we send you will be
addressed to the email address which you provided during the registration
process or currently have on file in your account with us. In these instances,
unless the party sending the email is notified that the Recipients email address
in not valid, such notices will be considered given 24 hours from the time the
email is sent. Notices regarding changes to the terms and conditions of the User
Agreement may be given by posting such changes to the site, and will be
considered given and effective 30 days from the time of such posting.
15. Limitation of Liability - Non Warranty
IN NO EVENT SHALL ECCAuction.com's (INCLUDING OUR SUPPLIERS, OFFICERS,
DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY
WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON INFRINGEMENT.
You agree to indemnify and hold harmless ECCAuction.com's, its officers,
employees, parent companies, subsidiaries, contractors, vendors or affiliates,
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the ECCAuction.com's, the
violation of this User Agreement by you, or the infringement by you or any other
user of this site using your computer, of any intellectual property or other
right of any person or entity.
17. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service and your bidding
on, listing, purchase and sale of items through our site.
18. No Partnership / Agency
You and ECCAuction.com's act as independent contractors. At no time is any
partnership, agency, joint venture, employee-employer or franchiser-franchisee
relationship intended or created by this Agreement.
19. Violation of User Agreement
We may terminate your account, registration temporarily or permanently should
you violate any portion of this User Agreement. This includes the termination or
suspension of any auctions you may be running at the time, without refund of any
fees or compensation or liability for loss of business or revenues which you may
claim, as a result of such termination.
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT FOR SALE AND PURCHASE
(Agreement) is entered into this _____ day of ___________________, 2013, by
and between Escambia County, a political subdivision of the State of Florida,
acting by and through its duly authorized Board of County Commissioners, whose
mailing address is 221 Palafox Place, Pensacola, Florida 32502 (Seller), and
____________________________, whose address is ______________________ (Buyer).
WHEREAS, Seller is the record owner of fee
simple title to the real property (Property) described below:
WHEREAS, at a duly advertised meeting of the
Board of County Commissioners on ______________________, 2013, Seller approved
the sale of the Property to Buyer for the amount of $__________________; and
WHEREAS, Seller and Buyer now desire to enter
into this Agreement to set forth the mutually agreed upon terms and conditions
associated with the proposed purchase and sale.
NOW, THEREFORE, for and in consideration of
the premises, the sums of money to be paid, and for other good and valuable
consideration, the parties agree as follows:
1. Agreement to Sell and Purchase.
Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to
purchase the Property from Seller upon the terms and conditions as set forth
in this Agreement.
2. Purchase Price and Method of
Payment. The purchase price for the Property is
________________________________ Dollars ($____________) and must be paid by
certified or official check at closing.
3. Evidence of Title. Seller
shall transfer and convey to Buyer fee simple title to the Property. Within
30 days after the date of execution of this Agreement, Buyer may examine title
to the Property and give notice to Seller in writing of any defects or
encumbrances upon the Property unacceptable to Buyer except for (a) those
exceptions identified in Section 10 of this Agreement entitled “Conveyance of
Property,” and (b) those exceptions to title which are to be discharged by
Seller at or before closing. Seller is not obligated to provide Buyer with a
If Buyer determines title to the Property is
unmarketable for reasons other than the existence of the exceptions identified
in Section 10 or exceptions that are to be discharged by Seller at or before
closing, Buyer shall notify Seller in writing no later than five days after
examining title. The written notice shall specify those liens, encumbrances,
exceptions or qualifications to title that are either not acceptable or not
contemplated by this Agreement to be discharged by Seller at or before closing
If Seller is unable or unwilling to cure or
eliminate the Title Defects prior to closing, Seller shall notify Buyer in
writing prior to closing. Buyer and Seller may then extend the time allowed
for removal of the Title Defects and the time of closing; or Buyer may waive
Title Defects and proceed with closing; or Buyer and Seller may withdraw from
the transaction and terminate the obligations under the Agreement. Buyer
agrees that any Title Defects present on the day title is transferred, unless
expressly objected to by written notice, will be considered accepted by Buyer.
4. Survey. Buyer may obtain a
survey of the Property prior to closing at Buyer’s expense. Buyer must notify
Seller in writing after receipt of the survey of any matters shown on the
survey that adversely affect title to the Property. The adverse matters will
be deemed Title Defects, and Seller is obligated to undertake a cure within
the time and in the manner provided in Section 3 of this Agreement.
5. Financing. Within five days
of execution of this Agreement, Buyer must make application to obtain
financing, if necessary, to consummate the purchase and sale of the Property
and provide notice to Seller when it has secured necessary financing. Buyer
shall notify Seller in writing if Buyer is unable to obtain financing prior to
closing after making a good faith effort to do so. Seller may extend the time
allowed for Buyer to obtain financing or exercise its right to terminate this
Agreement in accordance with Section 22.
6. Possession. Possession of
the Property will be surrendered by Seller to Buyer at the time of closing.
Seller shall not commit nor permit waste, deterioration or other destruction
of the Property prior to that time.
7. Condition of Property.
Pursuant to Section 125.411, Florida Statutes, Seller is precluded from
warranting or representing any state of facts regarding title to the Property
and, as a governmental entity, is exempt from the disclosures otherwise
required by local ordinance. Except as set forth in the Agreement, it is
understood and agreed that Seller disclaims all warranties or representations
of any kind or character, express or implied, with respect to the Property,
including, but not limited to, warranties and representations related to
title, zoning, tax consequences, physical or environmental conditions,
availability of access, ingress or egress, property value, operating history,
governmental approvals, governmental regulations or any other matter or thing
relating to or affecting the Property. Buyer represents that it is a
knowledgeable Buyer of real estate and that it is relying solely on its own
expertise and that of its consultants, and that Buyer will conduct inspections
and investigations of the Property, including, but not limited to, the
physical conditions of the Property, and will rely upon them, and upon
closing, will assume the risk of all adverse matters, including but not
limited to, adverse physical conditions, which may not have been revealed by
Buyer’s inspections and investigations. Seller sells and conveys to Buyer and
Buyer accepts the Property “As Is, Where Is,” with all faults and there are no
oral agreements, warranties or representations collateral to or affecting the
Property to Buyer by Seller or any third party. The terms and conditions of
this paragraph expressly survive the closing of the Agreement.
8. Right to Inspect Property.
Prior to undertaking any inspections and testing, Buyer must provide notice to
Seller and coordinate with Seller’s designee. Buyer must not intentionally
nor unreasonably interfere with Seller’s activities on the Property.
Prior to closing, Buyer, and its agents and
consultants, have the right to enter upon the Property and undertake at
Buyer’s expense, any physical inspections and other investigations of the
Property, including surveys, soil bores, percolation tests, engineering
studies, tests for radon gas and other tests or studies that Buyer considers
necessary or desirable to review and evaluate the physical characteristics of
the Property. Results of any investigation or testing conducted on the
Property must promptly be disclosed to Seller.
Buyer shall notify Seller in writing of any
defects disclosed by its inspections and testing within five days of
completion of the inspection or test. For purposes of this paragraph,
“defect” means a condition on or under the Property that violates applicable
state or federal environmental laws, rules or regulations, or may present an
imminent and substantial danger to the public health or welfare. Upon
receipt, Seller shall notify Buyer that 1) it will terminate this Agreement,
whereupon all rights and obligations of the parties shall cease; or 2) it will
remedy the environmental defect within six months of the date of the notice,
or as otherwise agreed by the parties, in which case the closing date will
automatically be extended.
Buyer, as a condition precedent to its entry
rights, will defend, indemnify, save and hold Seller harmless from any loss,
damage, liability, suit, claim, cost or expense, including reasonable
attorneys’ fees, arising from the exercise by Buyer of its entry rights.
9. Radon Gas. Radon is a
naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed 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
10. Conveyance of Property. At
closing, Seller will convey to Buyer title to the Property by deed, which will
identify the following exceptions to title:
a. Ad valorem real property
assessments for the year 2010 and subsequent years; outstanding and unpaid
taxes and assessments, if any, for previous years; conditions, easements, and
restrictions of record; zoning ordinances and other restrictions and
prohibitions imposed by applicable governmental authorities.
b. Reservation of an undivided ¾
interest in, and title in and to an undivided ¾ interest in, all the
phosphate, minerals and metals that are or may be in, on, or under the
Property and an undivided ½ interest in all the petroleum that is or may be
in, on, or under the Property with the privilege to mine and develop, pursuant
to Section 270.11, Florida Statutes.
The parties expressly acknowledge that Buyer
accepts title as it exists on the day title is transferred from Seller to
Buyer unless written notice has been provided to Seller in accordance with
11. Closing. Subject to
satisfaction of the obligations of Seller and Buyer as set forth in the
Agreement, the Purchase Price will be paid to Seller and the Deed and other
closing documents reasonably required by either party will be executed and
delivered at the time of closing. The purchase and sale contemplated by this
Agreement will be closed in the Office of the Escambia County Attorney, 221
Palafox Place, Suite 430, Pensacola, Florida. Seller’s attorney will prepare
and furnish all documents for closing including any necessary corrective
documents. Closing shall occur on or before 30 days from the date that the
last party executes this Agreement unless the date for closing is extended by
written agreement of the parties or as otherwise provided herein.
12. Costs and Expenses at Closing.
Upon closing, Seller and Buyer shall pay the following costs and expenses:
_____ __X__ Deed Documentary
_____ __X__ Survey, if any
_____ __X__ Recording (Deed)
_____ __X__ County Attorney’s
Fees (Document Preparation)
_____ __X__ Title Insurance, if
_____ __X__ Structural and
Environmental Inspections, if any
_____ __X__ Real Estate
Professional Fee or Commission, if any
13. Taxes, Fees, and Charges.
Taxes, fees and charges will be paid as follows:
a. Buyer is responsible for all ad
valorem taxes and assessments, if any, assessed against the Property. Any
outstanding taxes or tax certificates or assessments encumbering the Property
must be satisfied by the Buyer at closing. Seller is immune from ad valorem
taxes and will not pay ad valorem taxes on the Property.
b. All impact fees, permit fees,
systems charges, and any other amounts charged or assessed as a result of,
arising from, or necessary for Buyer’s proposed construction on, or
development of, the Property will be paid solely by Buyer.
14. Conditions Precedent to Closing.
The obligation of Buyer to close the sale and purchase transaction
contemplated in this Agreement is expressly conditioned on the prior
occurrence, satisfaction or fulfillment of the following:
a. Prior to closing, all obligations
of Seller and Buyer in this Agreement must have been either fully satisfied or
have occurred or have been waived by Seller or Buyer in writing or as
otherwise provided in this Agreement.
b. Within the time provided in the
Agreement, Buyer will have established to its satisfaction that Seller is the
owner of good and marketable fee simple title to the Property, subject only to
the Permitted Exceptions and those exceptions which are to be discharged by
Seller at or before the closing or, alternatively, waived by Buyer.
c. There are no pending or threatened
building, utility (including sewer or water) or other moratoria, injunctions
or court orders in effect which would interfere with the immediate use or
occupancy of any portion of the Property.
d. There is no litigation or
administrative proceeding pending or threatened against or relating to either
the Property or Seller which would preclude Buyer’s purchase and Seller’s sale
of the Property under the Agreement.
e. There are no pending or threatened
zoning, condemnation or eminent domain proceedings against or in any way
affecting the Property or any known pending or threatened suits, actions or
other proceedings against Seller or affecting the Property or its use in any
manner permitted as of the date of the Agreement by the land development
regulations of the local government entity with land development regulatory
authority over the Property (either as a primary or permitted conditional use)
and that the Property and such uses are not in any manner encumbered or
adversely affected by any judgment, order, writ, injunction, rule or
regulation or any court or governmental agency or officer.
f. The results of inspections,
investigations and inquiries Buyer has made with respect to the Property are,
in Buyer’s sole opinion and in Buyer’s sole discretion, acceptable to Buyer.
If one or more of the above requirements
precedent to Buyer’s obligation to close this Agreement has not occurred or
been satisfied, or expressly waived by Buyer or by the terms of this Agreement
on or before the closing date for any reason, then Buyer is entitled to
terminate this Agreement and the obligations of the parties, by giving written
notice to the other party.
15. Assignability. This
Agreement cannot be assigned by Buyer without the prior written consent of
16. Litigation and Attorneys’ Fees.
Each party will pay for its own attorneys’ fees and costs in the event of
litigation related to the sale and purchase of the Property.
17. Time of the Essence. Time is
of the essence of this Agreement and in the performance of all conditions and
covenants to be performed or satisfied by either party. Waiver of performance
or satisfaction of timely performance or satisfaction of any condition or
covenant by one party is not to be deemed to be a waiver of the performance or
satisfaction of any other condition or covenant unless specifically consented to
in writing. Whenever a date in the Agreement falls on a Saturday, Sunday or
legal holiday, the date is extended to the next business day.
18. Counterparts. This Agreement
will be executed in duplicate counterparts, each of which upon execution by all
parties is deemed to be an original.
19. Governing Law and Binding Effect.
The interpretation and enforcement of this Agreement will be governed by and
construed in accordance with the laws of the State of Florida and bind Buyer and
Seller and their respective successors and assigns. The venue for any legal
proceeding arising out of this Agreement shall be in a court of competent
jurisdiction in Escambia County, Florida.
20. Integrated Agreement, Waiver and
Modification. This Agreement represents the complete and entire
understanding and agreement between and among the parties with regard to all
matters involved in the Agreement and supersedes any prior or contemporaneous
agreements, whether written or oral. The Agreement cannot be modified or
amended and no provision is waived, except in writing signed by all parties, or
if such modification, amendment or waiver is for the benefit of one or more of
the parties and to the detriment of the others, then the amendment or waiver
must be in writing, signed by all parties to whose detriment the modification,
amendment or waiver inures.
21. Brokerage. Seller represents
and warrants to Buyer that no broker or finder has been employed by Seller in
connection with the sale and purchase contemplated in the Agreement. Buyer
represents and warrants to Seller that either (1) no broker or finder has been
employed by Buyer in connection with the sale and purchase contemplated or (2)
Buyer has retained the services of a broker or finder that will be compensated
solely by Buyer outside of closing.
22. Default and Termination. If
either party fails to perform any of its obligations set forth in the Agreement
within the times specified, the other party, at its option and at any time, may
terminate the Agreement. Neither party can declare the other in default without
giving the other party at least five days written notice of intention to do so,
during which time the other party will have an opportunity to remedy the default
or to commence to remedy. The notice must specify, in detail, the default.
23. Notices. All notices must be
in writing and served either personally or by deposit with the U.S. Postal
Service, certified mail, return receipt requested, or by deposit with a
nationally recognized overnight courier service, postage pre-paid and addressed
to the Seller and Buyer at the following addresses:
TO THE SELLER:
TO THE BUYER:
WITH A COPY TO:
WITH A COPY TO:
221 Palafox Place, Suite 430
All notices are deemed served when received,
except that any notice mailed or deposited in the manner provided in this
section are deemed served on the postmark date or courier pickup date.
24. Further Assurances. Each
party, without further consideration, will act and execute and deliver documents
as the other may reasonably request to effectuate the purposes of the Agreement.
25. Relationship of the Parties.
Nothing in this Agreement or any act of the parties is deemed or construed by
the parties or by any third party to create a relationship of principal and
agent or of partnership or of joint venture or of any association whatsoever
between Buyer and Seller.
26. Risk of Loss. The risk of
loss to the property is the responsibility of Seller until closing.
27. Property Tax Disclosure Summary.
Buyer should not rely on the Seller’s current property taxes as the amount of
property taxes that the Buyer may be obligated to pay in the year subsequent to
purchase. A change of ownership or property improvements triggers reassessments
of the property that could result in higher property taxes. If you have any
questions concerning valuation, contact the County Property Appraiser’s Office
28. Miscellaneous. If any term,
provision, covenant, or condition of the Agreement or the application to any
person or circumstances is invalid or unenforceable, the remainder of the
Agreement is valid and enforceable to the extent permitted by law.
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNLESS
FIRST APPROVED BY THE BOARD OF COUNTY COMMISSIONERS AT A DULY NOTICED PUBLIC
IN WITNESS WHEREOF, Seller and Buyer have made
and executed this Agreement as of this date and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
ESCAMBIA COUNTY, FLORIDA by and through its duly
authorized BOARD OF COUNTY COMMISSIONERS
ATTEST: Pam Childers
Clerk of the Circuit Court
Print Name ____________________________
STATE OF FLORIDA
The foregoing instrument was
acknowledged before me this _____ day of _________________, 20__,
by_________________________. He/She (_) is personally known to me, (_) produced
current _________________________________ as identification.
Signature of Notary Public
Printed Name of Notary Public