You are entering into an agreement for Lease Option to Purchase:
Property Address: Bunnell, FL, 32110
Parcel Number: 21-10-28-2775-00040-0058
County, State: Flagler, Florida
Legal description: 1.14 Acres Flagler Estates Ur Subdivision Unit 4 Tract 58 Or 104 Pg 35 Or 427 Pg 755 Or 427 Pg 756 Or 435 Pg 1834 Acm Dc Or 435/1835 Or 2253/559 Or 2258/1604
Purchase Price: $21,000
Deposit: $1,500
Document Processing Fee: $198
Total Due Today: $1,698
Monthly Payment Amount: $270.83/m
Term: 72 months
First payment Due: The 15th of next month.
Terms to Agreement below:
FLORIDA LEASE TO PURCHASE OPTION AGREEMENT
This Lease to Purchase Option (“Option to Purchase Agreement”) is made between FL Invesment Holdings LLC (the “Seller/Landlord”) and the person who completes this form (the “Buyer/Tenant”) Hereinafter known as the “Parties”. WHEREAS, Seller/Landlord is the fee owner of certain real property being, lying and situated in filled out above County, such real property having a parcel # filled out above (the “Property”) and legal description: filled out above WHEREAS, Seller/Landlord and Buyer/Tenant have together executed a prior lease agreement, the subject of which is the aforementioned Property (the “Lease Agreement”). NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller/ Landlord hereby grants to Buyer/Tenant an exclusive option to purchase the aforementioned “Property.” The parties hereto hereby agree as follows:
1. PAYMENT: Tenant shall pay Landlord the monthly payments in the amount filled out above, in monthly payments each payable monthly on the 15th day of each month (Due Date) in advance at such place as we may from time to time specify by written notice to you. a. Processing fee of $15/m will be added to monthly payments (not included in payment amount above)
2. DEPOSIT: Tenant shall pay a deposit in the amount of filled out above. That deposit is nonrefundable upon the termination of this Lease and the payment of all rents due and performance of all other obligations.
3. LATE PAYMENT: If required monthly payment is not paid within 7 calendar days of Due Date, Seller/Landlord may collect for a late payment fee in the amount of $35 in addition to the monthly payment.
4. TAXES, UTILITIES AND SERVICES: Landlord will pay yearly taxes and collect tax payment from Tenant with Landlord’s receipt of payment. Tenant is responsible for any utilities if they are on the Property. Landlord does not warrant the quality or adequacy of the utilities or services specified above, nor does Landlord warrant that any of the utilities or services specified above will be free from interruption caused by repairs, improvements, or alterations of the building or the premises or any of the equipment and facilities of the building, any labor controversy, or any other causes of any kind beyond Landlord's reasonable control. Any such interruption--and any other inability on Landlord's part to fulfill Landlord's lease obligations resulting from any such cause--will not be considered an eviction or disturbance of Tenant's use and possession of the premises, or render Landlord liable to Tenant for damages, or relieve Tenant from performing Tenant's lease obligations.
5. Tenant further agrees that: a) Condition of Premises: Upon the expiration of the Lease it shall return possession of the leased premises in its present condition, reasonable wear and tear, fire casualty excepted. Tenant shall commit no waste to the leased premises. b) Assignment or Subletting: Tenant shall not assign or sublet said premises or allow any other person to occupy the leased premises without Landlord's prior written consent. c) Alterations: Tenant shall not make any material or structural alterations to the leased premises without Landlord's prior written consent. d) Compliance with Law: Tenant shall comply with all building, zoning and health codes and other applicable laws for the use of said premises. e) Tenant’s Conduct: Tenant shall not conduct on premises any activity deemed extra hazardous, or a nuisance, or requiring an increase in fire insurance premiums. f) Right of Termination and Re-Entry: In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have full rights to terminate this Lease in accordance with state law and re-enter and re-claim possession of the leased premises, in addition to such other remedies available to Landlord arising from said breach.
6.OPTION TERM. The option to purchase period commences on the last month of said term filled out in the form by the Buyer/Tenant and expires 90 days after last month of said term filled out in the form by the Buyer/Tenant.
7.NOTICE REQUIRED TO EXERCISE OPTION. To exercise the Option to Purchase, the Buyer/ Tenant must deliver to the Seller/Landlord written notice of Buyer/Tenant’s intent to purchase. In addition, the written notice must specify a valid closing date. The closing date must occur before the original expiration date of the Lease Agreement, or the date of the expiration of the Option to Purchase Agreement designated in paragraph 1, whichever occurs later.
8.PURCHASE PRICE. The total purchase price for the Property is $__(expressed above)_________________. Provided that the Buyer/Tenant timely executes the option to purchase, is not in default of the Lease Agreement, and closes the conveyance of the Property, the Seller/Landlord shall credit towards the purchase price at closing the sum of _____Purchase Price_____________, from each monthly lease payment that the Buyer/Tenant timely made. However, the Buyer/Tenant shall receive no credit at closing for any monthly lease payment that the Seller/ Landlord received after the due date specified in the Lease Agreement.
9. EXCLUSIVITY OF OPTION. This Option to Purchase Agreement is exclusive and non-assignable and exists solely for the benefit of the named parties above. Should Buyer/Tenant attempt to assign, convey, delegate, or transfer this option to purchase without the Seller/Landlord’s express written permission, any such attempt shall be deemed null and void.
10. CLOSING AND TRANSFER OF TITLE. Seller/Landlord shall transfer over the title of the Property to Buyer/Tenant within 3 business days of execution of Option and received payment. Seller/Landlord will be responsible for paying county recording fees related to transferring title. If Buyer/Tenant prefers to use a title company, Buyer/Tenant does so at their own expense.
11.REMEDIES UPON DEFAULT. If Buyer/Tenant defaults under this Option to Purchase Agreement or the Lease Agreement, then in addition to any other remedies available to Seller/Landlord at law or in equity, Seller/Landlord may terminate this Option to Purchase by giving written notice of the termination. If terminated, the Buyer/Tenant shall lose entitlement to any refund of rent or option consideration. For this Option to Purchase Agreement to be enforceable and effective, the Buyer/Tenant must comply with all terms and conditions of the Lease Agreement. Filled out within form Purchase price
12.COMMISSION. No real estate commissions or any other commissions shall be paid in connection with this transaction.
13.RECORDING OF AGREEMENT. Buyer/Tenant shall not record this Option to Purchase Agreement on the Public Records of any public office without the express and written consent of Seller/Landlord.
14.ACKNOWLEDGMENTS. The parties are executing this Option to Purchase Agreement voluntarily and without any duress or undue influence. The parties have carefully read this Option to Purchase Agreement and have asked any questions needed to understand its terms, consequences, and binding effect and fully understand them and have been given an executed copy. The parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Option to Purchase Agreement.
15.TIMING. Time is of the essence in this Option to Purchase Agreement.
16.GOVERNING LAW AND VENUE. This Option to Purchase Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. The parties further agree that the venue for any and all disputes related to this Option to Purchase shall be Seminole County, Florida.
17.OPTION TO PURCHASE CONTROLLING. In the event a conflict arises between the terms and conditions of the Lease Agreement and the Option to Purchase Agreement, the Option to Purchase Agreement shall control.
18.ENTIRE AGREEMENT; MODIFICATION. This document sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Option to Purchase Agreement, nor any waiver of any rights under this Option to Purchase Agreement, will be effective unless in writing signed by the party to be charged.
Signature from Seller/Landlord
Signature:
Name: FL Investment Holdings LLC