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HomeMy WebLinkAbout1993 03 22 Regular . March 15,.1993 TO: City Manager coordinato~ FROM: Land Development RE: Agenda Item, Proposed Wa1greens, Allow Wooden Fence between Commercial and Residential The policy of the Commission has been to require a concrete block wall between residential and commercial property. This can be accomplished on this property, but at the expense of nineteen (19) trees. Mr. Jerry Evans has requested that he be allowed to upgrade the existing wooden fence in lieu of a concrete block wall. Attached is the correspondence on this subject and photos of the existing fence and trees. . CC; Mayor Commission City Attorney (w/o photos) City Clerk (w/o photos) . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 FROM: Don LeBlanc/Land Development Coordinator steve D. Spencer/Superintendent of P.W.~~ TO: DATE: March 2, 1993 SUBJ: Property Between S. Edgemon Ave. and S. Cortez Ave. This property was looked at per our conversation regarding the amount of trees that would have to be removed to construct a six (6) foot high wall along the south side. Mr. Brookover our arbor man did this and determined that nineteen (19) trees would have to be removed, of this nineteen three (3) are oak trees and sixteen :. (16) are pine trees. If you have any further questions feel free to contact myself or Mr. Brookover. " . . . - EVANS PROPERTI ES ~Jr~~ a~7~~J.l~.. J;, -'J",~ J l MAR 0 4 1993 Jerry C. Evans iCIIY OF. WINTER SPRINGS J.:aoct Development Coordinator March 4, 1993 Mr. Donald R. LeBlanc Land Development Coordinator City of Winter Springs 112~ East State Road 434 Winter Springs, Florida 32708 RE: Proposed Walgreens Site Southwest Corner S.R. 434 and Edgemon Avenue Dear Mr. LeBlanc: As you know, one of the City's stipulations on the referenced Walgreens' site plan was the construction of a six (6') high concrete block wall along our southern property line. The purpose of the wall is to separate commercial property from residential. Presently our site is separated from the homes by a wooden fence in need of some repairs. I am including pictures of the fence. The purpose of this letter is to request that we be allowed to upgrade and improve the existing fence rather than build a concrete block wall. The main reason for making this request is to save the trees presently along the fence. The present location of the fence is bordered on both sides by trees that would be lost with the construction of the concrete block wall. In order to build the wal+ to maeL specifications where the fence is presently, we would loose approximately twenty (20) trees some of which are very attractive. I just don't think that this would be in anyone's best interest. The possibility of building the concrete wall north of our property line and leaving the fence has been discussed. I don't think that this would be a good idea from a safety standpoint. This would leave an alley that would contain "blind spots" that would invite all sorts of illicit and immoral activities. Keep in mind that a lot of students from Winter Springs Elementary use the sidewalk that would be in this alleyway. ~(~( Member of International Council of Shopping Centers P.O. BOX 915182 LONGWOOD, FLORIDA 32791 (407) 869-7533 . ," ( .. . March 3, 1993 Page 2 In summary, again I would like to request that we construct an attractive wooden fence in the same place as the present fence upgrqding the wood to make it an asset to the community. I sincerely believe that an attractive high quality wooden fence among the trees would be much more attractive than a concrete block wall without the trees and would serve the intended purpose of separating the commercial from the residential areas. Thank you for your consideration. Very truly yours, . March 15, 1993 TO: City Manager coordinaror~ FROM: Land Development RE: Tuscawilla Country Club, Conceptual Plan for Relocation of Maintenance Building Please see attached conceptual plan and Staff comments. cc: Mayor Commission City Attorney (w/o attachments) City Clerk (w/o attachments) . . . March 15, 1993 TO: City Manager ~ Land Development coordinato~ . FROM: RE: Agenda, Resolution for Lot Split The applicants, Wayne A. and Cynthis M. Miller. have made application to split Lot 4, Block F, North Orlando Ranches Section I-A into two (2) lots. If granted, this split will meet all the zoning requirements of RC-l Zoning. cc: Mayor Commission City Attorney City Clerk . . . March 15, 1993 TO: City Manager ~~ Land Development coordinato~ FROM: RE: Agenda Item, Sanders Property (Proposed Purchase) Negotiations for that property to the immediate east of Central Winds Park are now complete. The property is to be primarily utilized for effluent disposal. A secondary use of the property will be playing fields, both soccer and youth softball. Present plans do not call for buildings. The most valuable part of this acquisition is the twenty (20) foot easement from Orange Avenue to the lake, directly across from the maintenance building. This will eventually be part of the stormwater management system. cc: Mayor Commission City Attorney City Clerk . . . . . William P. Pardue, Jr., MAl, SRA Robert L. Heid, MAl, SRPA Larry A. Church, MAl, SREA William C. Smith, MAt, SREA E.E. Waller, III, MAt, SRPA Robert Moreyra, MAl ~ PARDUE- HElD CHURCH-SMITH & WALLER, INC. Bradford L. Johnson. MAl Mark Silverstem, SRA Craig T. Duckworth. MAl David W. Boyd. MAl Stephen M. Schmidt. SRA APPRAISERS-REALTORS CONSULTANTS-MARKET ANALYSTS November 27, 1992 City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Attention: Richard Rozansky, City Manager , Gentlemen: At your request, we have completed an appraisal of 9.1 + acres of vacant, unimproved agricultural land zoned R-U (Rural Urban Residential Dwelling District), located south of Lake Jessup and north of State Road 434, on the south side of Orange Avenue, in the city of Winter Springs, central Seminole County, Florida. In addition, we have appraised a 12,000 square foot storm drainage and dispersal easement opposite the subject. This property is further identified and described by both a legal and narrative description within the text of this appraisal report. The purpose of this appraisal was to estimate the market value of the fee simple interest in the subject property, and the partial interest in the proposed storm drainage and dispersal easement to be acquired by the City of Winter Springs, as of the effective date of the appraisal, November 23, 1992. Market value, fee simple interest and other appraisal terms are defined within the text of the following appraisal report. As a result of our investigation into those matters which affect market value, and by virtue of our experience and training, we have formed the opinion that the market value of the fee simple interest in the subject property, with the storm drainage and dispersal easement, effective November 23, 1992, was: Three Hundred Fifty Thousand Dollars ($350,000) . 1403 WEST COLONIAL DRIVE ORLANDO, FLORIDA 32804-7199 (407) 841-3602 . FAX (407) 841-1543 BREVARD COUNTY 1407) 268-0403 TAMPA 1813) 287-1020 PINELLAS COUNTY (813) 726-4849 WEST PALM BEACH (407) 471-9050 BROWARD COUNTY (305) 360-0707 . . . Page II November 27, 1992 The appraisal analyses, opinions and conclusions were developed and this appraisal report has been prepared in conformance with (and use of this report is subject to) all regulations issued by the appropriate regulatory entities, regarding the enactment of Title XI of the Financial Institution Reform, Recovery and Enforcement Act of 1989 (FIRREA), the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. This letter of transmittal precedes the full narrative appraisal report, further describing the property and containing the reasoning and most pertinent data leading to the final value estimate. Your attention is directed to the "General Assumptions", "General Limiting Conditions" and "Certificate of Appraisal" which are considered usual for this type of assignment and have been" included within the text of this report. Respectfully submitted, ]f~:Y~:;' E.E. Waller, III, MAl, SRA State Certified General Appraiser 0000087 -1 v J L{ .+Lt--- Todd F. Cohen, Associate State Registered Real Estate Appraiser 0000545 EEW:TFC:cls:tph AE920047 l' -. l l l .. I ... l " . . AE92004 7 WCATION TYPE OF PROPERTY HIGHEST AND BEST USE DATE OF VALUATION INTEREST IN PROPERTY APPRAISED FINAL VALUE ESTIMATE MARKETING PERIOD CONDITIONS ::. 'h4't'~"1'k',;' .,,', .,! ~"",~,'" "'" ;:~'j;! I.l.'.,',_,!';" PARDUE-HElD CHURCH-SMITH & WALLER, INC. 1 SUMMARY OF APPRAISAL The subject property is located south of Lake Jessup and north of State Road 434, on the south and north sides of Orange Avenue, in the city of Winter Springs, central Seminole County, Florida. The subject property consists of 9. I + acres of vacant unimproved agricultural land and a 12,000 square foot drainage and dispersal easement, zoned R-U (Rural Urban Residential Dwelling District). Please refer to the Subject Property Data and Site Data sections of this report for further information regarding tl}e subject. The highest and best use of the subject property is for residential development. November 23, 1992 Fee Simple, for 9.1 + acres plus a perpetual easement over land lying north of Orange Avenue $350,000 Approximately one year This appraisal is subject to the "General Assumptions", "General Limiting Conditions" and "Cenificate of Appraisal" included in the text. We have not been provided with an acreage size for the subject site. Our final value estimate is predicated on the exact acreage figure of 9.1 acres and is subject to revision should a subsequent survey reveal that the actual area differs from 9.1 acres. ORLANDO BREVARD COUNTY TAMPA PINELLAS COUNTY WEST PALM BEACH BROWARD COUNTY - ';'1 ~ - J. 6 - .l j ~ Tax Map Location ) --...--- it. I 1 LAKE JESSUP ~ ...-::.===.:", - ...... ~..;", .--.~--""- ,.'-",-.~ .... ::-~ ... -. ."-'-~ /............---.-. .-., ::;: . .. -... ... , ,.-... .... ':"'~ ...... EASEMENT . \ ..l .' 4 SP .. I . I \ , . ~: , ~ I " I u I I II II , , , .... I .... I attIC- . I ...... - I ( r-- I If I " I - " - I It " I , ~ ~ @ . MAP 1 . ~ .'.. ,., 25 .. ----.. - - . . . MEMORANDUM TO: Thomas F. Lang Donald J. curotto~ -..J~-Xl:::::> ~T\ ~,,",\)Cl City of Winter Springs - Sanders Condemnation FROM: RE: DATE: March 5, 1993 Attached hereto is an original Contract for Sale and Purchase with an addendum and a copy of the Declaration of Easement for Access and Drainage. All instruments have been executed by Mr. Sanders in his capacity as the owner of the property which the City of Winter Springs intends to purchase (Lot 14) and the owner of the easement parcel (Lot 6). We have already conducted a title search on this property and we find that search to be in order except for the fact that oil and mineral rights to Lot 14 have been retained by a prior owner (Mr. Sanders' parents, both of whom are still alive) and therefore oil and mineral rights cannot be part of this conveyance. If the city wants to secure oil and mineral rights we would have to approach those prior owners for purposes of securing their approval. Al though 1992 taxes have not been paid, the amounts are minimal. If the city finds this contract to be in order they should execute where indicated on page 1 and also initial at XII of page 1 as well as the addendum to the contract. The City does not need to sign the Declaration of Easement. I will record that instrument prior to the deed. If the City signs, I will update the survey which hopefully will take the surveyor less than one week. The City needs to consider whether it wants to secure a hazardous waste report soils test, etc. Alternatively, we could add a clause in the contract that survives closing but the first option is preferable. Subject to the hazardous waste report, we can generate the necessary documents and close this transaction within seven days of the city's approval. As all closing expenses are going to be the obligation of the City of Winter Springs, doc stamps and title insurance, etc. will run approximately an additional $3,000.00, in addition to the purchase price. 04328X . DECLARATION OF EASEMENT FOR ACCESS AND DRAINAGE THIS DECLARATION OF EASEMENT FOR ACCESS AND DRAINAGE (hereinafter the "Declaration") is made and entered into as of this ~..,... day of ~h-v..~ ' 1993 (the "Effective Date"), by WILLIAM LEE SANDERS, ., his successors-in-interest and his assigns (collectively "SANDERS"), which hereby declares that the "Property" hereinafter described in this Declaration is and shall be held, transferred, sold, conveyed and occupied subject to the easements and obligations hereinafter set forth. RECITALS A. SANDERS is the fee simple owner of the unimproved lands legally described as, Lot 6, Block "B", D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, less the East 150 feet thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida (the "Property"). . B. SANDERS desires to establish and reserve for the benef it and use of the City of winter Springs, its successors and assigns (the "City"), an easement for ingress and egress and for drainage and storm water outfall, by, over, through, on and across the Western twenty (20) feet of the Property from Orange Avenue to Lake Jessup as depicted more fully on Exhibit "A" attached hereto (the "Easement Area"). NOW, THEREFORE, in consideration of the sum of NO/100 Dollars ($10.00) and other good and consideration, the receipt and sufficiency of which acknowledged, the parties hereto agree as follows: 1. Recitals. The parties acknowledge and agree that the above-stated recitals are true and correct and are hereby incorporated in this Declaration for all purposes. Ten and valuable is hereby 2. Grant of Easement. SANDERS hereby grants, conveys, declares and establishes in favor of the CITY a non-exclusive perpetual easement in, on, upon, over, across and through the Easement Area for ingress and egress from Orange Avenue to Lake Jessup and for drainage and storm water outfall (the "Grant of Easement"). The easement rights granted herein shall include the right of the CITY to enter upon the Property for the purpose of maintaining, repairing and replacing any portion of the Easement Area. . . 3. Erection of Barricades. SANDERS shall not erect or permit the erection of any curbing, fencing or other barriers or obstructions within the Easement Area that will in any way interfere with the use of the easements declared herein. 4. Litiqation. In the event of litigation arising under this Declaration, or in the event the CITY finds it necessary to institute litigation for the purpose of enforcing its rights under this Declaration, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party, in addi tion to any damages otherwise due, the reasonable attorneys' and experts' fees and costs incurred by such prevailing party in such litigation at both the trial and appellate levels. 5. Covenants Runninq with the Land. All rights, privileges, benefits and burdens created herein are covenants and agreements running with the Property as appurtenances thereto and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors in interest and title. All rights, privileges and benefits granted herein to the CITY shall run in favor of their successors in interest and title. . 6. Construction. This Declaration shall be construed under the laws of the State of Florida. Venue for any action involving this Declaration shall lie only in Seminole County, Florida. This Declaration may only be modified or supplemented in writing signed by all parties, or their successors or assigns, and any modification shall take effect only upon ~ecordation in the Public Records of Seminole County, Florida. 7. Reaffirmation of Easements. Any entity or person acquiring any interest (ownership or otherwise) by transfer from; SANDERS, or any legal interest in the Property shall be deemed conclusively and automatically to reconvey, ratify, confirm and reaffirm each and every grant of easement, obligation, term and provision set forth herein as a prerequisite to acquiring said interest. Said reconveyance, ratification, confirmation and reaffirmation shall occur automatically by virtue of acquisition of said interest, and need not be set forth expressly or separately in any other instrument. 8. Perpetuity. Notwithstanding anything contained herein to the contrary, all the rights and privileges granted hereby shall be and remain in effect and perpetuity and may not be subject to termination or forfeiture. . -2- . . . . - this STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,.){,-ih day of Fei:"'<<CI~:f . 1993 by WILLIAM LEE SANDERS. JR., personally known to me r who did/did not take an oath. WITNESS my hand and official seal in the County and state aforesaid this ~t-!)' day of 1~/f.vt:U~ 1993. Expires: ,- My Comml:d'Jn E.'t,lrc;; f.:!J. 13, 1f , 03107g 022493 .. -3- . . . , . JOINDER AND CONSENT TO DECLARATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: s ta,te . That the undersigned, THE BANK OF VERNON, a.'~re~l banking association existing under the laws of / ~--Wi:teQ states--ef--Ame~4€a, as Mortgagee under that certain First Mortgage and Security Agreement dated April 15, 1991, and recorded May 15, 1991, in Official Records Book 2292, Page 703, Public Records of Seminole County, Florida, and that certain Second Mortgage dated July 25, 1991 and recorded August 15, 1991, in Official Records Book 2326, Page 1780, Public Records of Seminole County, Florida, encumbering the property described in said Mortgage, hereby joins in and ratifies the Declaration of Easement executed by the owner thereof in favor of the City of winter Springs and recorded under Seminole County Clerk's certificate Number , and agrees that the lien of its Mortgages shall be subordinate to the easement. It is the intent of the undersigned that the execution of this Joinder and Consent shall have the same force and effect as if appearing on the Declaration of Easement. Signed, sealed and delivered in the presence of: TH~ BANK OF VERNON, a ~~~~~ banking association existing under the laws of ~fte '~ed-S~a~es-e~-Ame~!ea Alaba ins Its: STATE OF Alabama COUNTY OF Lamar The foregoing instrument was acknowledged before me this 26th day of February , 1993, by Samuel F. Johnson , as l l President , of THE BANK OF VERNON, a Ra~i:~R~l banking association existing under the laws of the gRi~ea--S~a~es--ef--Ame~iea, on behalf of the bank, who is Alabama. .' . . , . .-::--' ~DDENDUM TO CONTRACT FOR SALE AND PURCHASE The con.14era~ion set forth in this Contraot is based upon the tair market, value of the property as c1at:.arminad by the Pardue, Heid, et all appraisal dated November 23, 1992. The contract i8 entered into in lieu ot the initiation and pursuit ot a condemnation action by the Buyer. 03139; o ~ ~()- {J{IL .:i ~"~ Pr ' '5/1 ! yJ ./' . ,'; . ,..,.. . \If '- .,' CONTRACT FOR SALE AND PURCHASE .. TIES' WILLIAM LEE SANDERS JR. ('Seller) i020 Island Road Columbus, Mississippi 39703 601-328-014-rr- I. - (Phone and THE CITY OF WINTER SPRINGS (Bu u'l. of C 0 Honigman Mi er Sc wartz an N. Orange Ave., 0, ~Mlone 407-648-030r I. hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Properly") and personal properly ("Personalty") (collectively .Property'.) upon the lollowlng terms and condItions. which INCLUDE the Standards for Real Estate Trnnsaclions ("Standard(s)") printed on lhe reverse or. attached and any Riders and AddC:IIlJa tu thiS instrument I. DESCRIPTION: . . SEMINOLE . Lot 14 Block "B" D.R. (alLegal descr!ptlon of Real Properly located In County, Florida: ' , MitchelL s Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book 1, Page 5, together with an easement over the West twenty (20) feet of (Jto'Slr.ft,aJ}.lg~C~y,~~~~f'llleq,ro~e"ty~;Ltchell's Survey of the Levy Grant on Lake Jessup, all of the Public (C~ecp!?rro~~ty:of Seminole County, Florida Except for oil and mineral rights to Lot 14, which have been retained by a prior owner of Lot 14. II. PURCHASE PRICE PAYMENT: (al Deposit(s) to be held in escrow by Honigman Miller Schwartz and Cohn ..... $ 350,000.00 (b) Additional escrow deposit within days after Elleclive Date in the amount of (c) Subjeclto AND ;Jssumption of mortgage in good standing in favor 01 in the nmount of $ $ 500.00 -o- N/A N/A 349,500.00 having on approximate present principal balm,co of . . $ (d) PUrCI1:1Se money mortgage and note bearing annual interest al % Isee Addendum) in amounl 01 . . $ (e) Olher: $ II) Balance to close (U.S. cash. LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations. ... $ III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: FACSIMILE: If this offer is not executed by and delivered to all parlies OR FACT OF EXECUTION communicated in wrilln\J belween the parties on or before Ma r c h 15, 1993 , the deposit(s) will, at Buyer's option, be returned to Buyer and this offer witl1dr awn. A bcsimile copy 01 thiS Conlract for Sale and Purchase ("Conlract") and any signatures hereon shall be considered for all purposes as originals. The datf! of Contract ("Effectivf! Dillc.'1 will be tho dale v/hen the last one of the Buyer and Seller has signed this offer. .FINANCING: a) If the purchase price or any...e.art of it is 10 be financed by a third-parly loan, this Contrfill conditioned on Ihe Buyer oblaining a wrillen commitment lor (CI1fI;K (1) vr (2) or (3)): (1) 0 a fixed, (2) U an adjustable or (3) 0 a (j!OP or adjustable rale loan within_ days after Effecti'l.(l9\1te at an inItial inlerest rate 1101 to exceed--.!.Ji. co. term of N / A years and fOf the principal amount of $ N I A . Buyer will make application within N I J\ days alter Effective D.lte and use "",sonJblc: dIligence 10 obtain the loan commitmenl and, Ihereafler, to meet the terms and condolions of the commitment and close tile loan. Buyer shall pay all loan expensc:s If Buy,;r fails 10 obtain the commilment or fails to waive Buyer's rights under this subparagraph within Ihe time lor oblwning the commitment or alte, dllll)')I11 "'Iurt lails to meel th" terms and conditions of the commitment, then either party thereafter by prompt wrillen notice to the other may cancel the Contract and Buyer SI~IJX rdullcled the 0"P05It(,1 (b) The existing mortgage described in Paragraph II(c) above has (CHECK (1) or (2)): (1) 0 a variable interest rate or (2) 0 a fixed inlcrnsl r..le 01 '" per ,lIInlun At time of title transfer some fixed interest rates are subject to increase. II increased, the rail' shall not exceed .N / A % per annum. Sellcr shall, wllllin N / A d"ys alt"r Effective Dale, furnish slatements from all mortgagees stating principal balances, method of paymenl, interest rate and status of mortgarjes II Buy,,, hilS a\lreed to assume a rnortgilge which requires applOval of Buyer by the mortgagee for 1f!~lPlion. then Buyer shall prornpll\N'f'Nin all required applications alld Will eJIII"r'IIl1y. complete anrj rdurn them to the mortgagee. Any mortgagee charge(s) nolto exceed $ shall be pakJ by (II nol fllleel "', equally cli'JICkdlll Buyer IS II0t accepted by mortgagee or the requirements for assumption are not in accordance with Ihe terms of this Conlract Or mortga"ee makes a chilf"e in excess of II If, sl"tod ""'ount, Sellcr or Buyer may rescind this COlltract by prompt wrillen not,ce 10 l~iJ~'fRparty ~'itYrdtVlg. elects to pay the in(;lease in interesl IiIle or ""."ss mOrl\F''JI,r: cllilffl"" V. TITLE EVIDENCE: Alleasl 10 days before closing date, XOlIot shall, at Mtr';'K expense, deliver to Buyer or Buye?(s allorney, in ilccorelnnce With St[",<I;,,(I A. (CHECK 11) or (2)): I 1) 0 abstract of title or (2) ro fille insurance commilrnent and, after closing, owne(s policy ollille insurance. VI. CLOSING DATE: This trans<1ction shall be closed and the deed and other closing papers delivered on April 30, 1993 ,unless extended by olher provisions of Contrnct VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject 10: zoning, reslrictions, prohibilions and olher requirements imposed by governrn"nt:lI ,wthority; restrictions and milllers appeming on the plat or otherwise common to the subdivision; public utilily easements of record (easements are to be localed conti9110uS 10 fl<:;]1 Properly lines allrJ nOI more than 10 feet in width as to the rear or front lines and 7'1, feot in w~'8~E to the side lines, unless otherwise staled hereill); taxes lor year 01 cl"slng and su!ls"qu(,nl years; assumed mortgages and purchase money mortgages, if any; other: . proVided. that there eXists at closing no violation of the foregoing and norle of them prevents use of Real Properly for purposclsl VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyolld CIOSlllg, the fact and t('fIns thereof shall be slated herein and the tenanl(s) or occupanls disclosed pursuant 10 Slandard F. Seller agrees to deliver occupancy of Property al t"11e of closing unless otherWIse stated herein. If occupancy is 10 be delivered belore closing, Buyer assumes all risk of loss to Property from dale of occupancy, shall be msponsible alld Ii.lble for mainlcnance from that d.,te, and shall be deemed 10 have accepted Property in its existing condition as of lime of taking occupancy unless otherwise staled herein or in a sepa, ate ",,"n\l IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrillen or handwrillen provisions shall control all printcd provisions of Contract in conflict Wllh Uk'm X. RIDERS: (CHECK if any of lhe following Riders are applicable and are attached to this Conlracl): (a) 0 COASTAL C'::NSTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (biD CONDOMINIUM RtDER (d) 0 INSULATION RtDER (r,) 0 FItAIVA F1IDER (II OOIHFI1 .SIGNABILlTY: (CHECK (1) or (2)): Buyer (1) 129 may assign or (2) 0 rnaY~Sign Ih}s Contract. ECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) );?j' i, ~t\ached or (2l9ll~~re ~~ J\().{,~. XIII. TfME IS OF THE ESSENCE OF THIS CONTRACT. 01/....;\ ;rs!fJ /\ BUYER'S INITIALS XIV. DISCLOSURES: Buyer 0 acknowiedges or 0 docs not aclmowlcdge receipt of the ngency/mdon/compensalion and estimated clOSIng cosls disclosure,s . --------------- THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FOflM HAS BEEN APPROVED BY THE FLOIlIDA ASSOCIATION OF REALlOIlS AND THE FLORIDA BAil Approval docs no/ constrtute an cpinion that any of /lle tenns and conditions ill thiS Commet should be aCCl-pled by /110 par lies ; I r Ilcu/, I '''"'';;'LlI()fl. and conditions should be negotialed based upon Ihe respcctlve IIllcresls, obiectlvcs and bwgail/lllg tIC. iOlls of all.. 11" COPYRIGHT 1991 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION oF' ALTOnS ---------------'l/ - I t / ~, . '- <'. -t- THE CITY OF WINTER SPRINGS Dale WILLIAM LEE SANDERS JR. (Buyer) 1erl/l.'; -1 j., /1-..., '~1-4-L-I.) Date Social Security or Tax 10 # Social Security or Tax ID # (Seller) L '--v' '"? ../. 2(,. - v~._.y-)l ~-) (Buyer) Date (Seller) D.lt" SOCial Security or Tax 10. # Social Security or Tax 10. # Deposit under Paragraph Il(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEAflANCE. BIlOKER'S FEE (CHECK AND COMPLETE THE ONE APPLICABLE) By: o IF_.A _ L!S!lN_G _ "-GRE.E.M_E_N!J.S-9tJB.R!_NJ:l.'Q~(EFFECJj Sell,', ;,,,,,','s to pay I/Ie Broker named b,'low, inclue1ing cooperating sub-agents named, according 10 the lerllls of iln ,)xisting, s('p", alp lislrng i','If'l.'Ill('nl OR o (E ,cro", A'J>'f,1) IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: Selle,-agrees.io pay the grokern~'Iii.ia-below~iii1rrneorcToSiilg, from the disbursements of Ihe proceeds 01 the sale, cOlllpens:,tion in the illllounl ollCUMl'LE TE nUL Y ONE) -~, 01 gloss purChase price or $ for Broker's services in effecting the sale by finding the Buyer ready, Willing and ..ble 10 purclta~(' I"""uiml 10 I/Ie lu",go'"9 Contract If Buyer f.Hls to perform and deposit(s) is retained, 50% thereof, but nol exceeding tile Broker's fee above provided, sllall bc paid Brok." as full c:on5"1,,,,,llon lor I:lrokpr s services, including costs expended by Broker, and Ihe balance shall be paid to Seller. If lhe transaction shall nol close because 01 refusal or lallure 01 S(:II", 10 PUrl1lf"'. Sdil,r s",,1I pay the full lee tLl Broker on demand. In any litigation arising oul of the COfltracl concerning the Broker's fee, tlte prevailing party shall recover re:'50n;rll'" ;rll," nuis I""s and co,;ts N/A N/A N/A