HomeMy WebLinkAbout2000 11 27 Regular I Lewis and Juanita D. Blumberg Agreement
COMMISSION AGENDA
ITI~M I
Consent
Informational
Public Hearin2s
Re2ular X
November 27. 2000
Meeting
--EM~
Mgr. /
Authorization
<<Y't '14.v
Attorney.
REQUEST: City Manager requests the Commission approve an agreement between Lewis &
Juanita D. Blumberg and the City of Winter Springs relative to the Town Center.
PURPOSE: The purpose of this Agenda item is to adopt an agreement between Lewis & Juanita
D. Blumberg and the City regarding the Town Center.
CONSIDERATIONS:
· The City has negotiated a contract, option agreement, right of first refusal agreement and
easement agreement with Mr. & Mrs. Blumberg to purchase, reserve with easements, and/or
option certain properties necessary for development of the Town Center.
· The JDC Calhoun Inc. contract is contingent upon the City promptly commencing and
completing the design" engineering and permitting of Hickory Grove Park North/South
Extension Street on Ole before August 8, 2001.
· The State's closing for West Hickory Park (1.669 ac) and East Hickory Grove Park (2.856 ac)
and the Hickory Park Boulevard medians is contingent upon a binding easement agreement
providing connectivity between Parcels 4 and 5 as depicted on Exhibit 3.
· The contract contains the following contingencies:
The acquisition by the state for West Hickory Grove Park (1.669 ac) and East Hickory Grove
Park (2.856 ac).
The City obtaining requisite permits from Federal, State and Local agencies to construct
Hickory Park Boulevard.
November 27,2000
Regular Agenda Item I
Page 2
Seller executing a bin,ding two (2) year option agreement to acquire a sixty (60) foot right of way
connecting Hickory Park Boulevard to 2nd Street.
Seller conveying a thirty (30) foot easement connecting East Hickory Grove Park to West
Hickory Grove Park.
Seller granting a right of ftrst refusal to purchase real property know as the Blumberg residence
including 1.68 acres.
. The terms of the conb:act are as follows:
· The purchase price for acquisition of Hickory Grove Park Boulevard and Hickory Grove Park
North/South Extension to 2nd Street is $142,000.00. The deposit amount is $14,200.00 and
the amount due at dosing is $127,800.00.
· The cost to secure an option to purchase a sixty (60) foot right of way connecting Hickory
Park Boulevard to 2nd Street and a thirty (30) foot easement connecting East Hickory Grove
Park to West Hickory Grove Park and a right of fust refusal to purchase the Blumberg
home including 1.68 acres is $15,000.00
. Time is of the essence in that the State plans to close on the Hickory Grove Park property
December 8, 2000.
FUNDING: Funding for the agreement is provided from the 1999 Transportation Impact Fee
Fund.
RECOMMENDATION: It is recommended that this City Commission adopt the agreement.
ATTACHMENTS:
A. Contract for :sale and purchase of Hickory Grove Park right of way.
B. Contract for ::;ale and purchase of the option agreement and easement.
ATTACHMENT A
VFS 23900' ':.
(~::~FOR~ :~S B::~ APPROV~: BY:E FLORIDA ASSO:ATIO: OF RE!Ai THE:l~; B~R.
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*II;'ARTIES: LEWIS BLUMBERG AND-.JUANITA D...-BLUMBERG ("Seller"), ('
:1 of (Phone)
*3and CITY' ~INTER Sl2R1NGS.,-lLEIORTI)A MIJNTr.TPAT. mRPOEATIDN & ("BuYe(),
4.of(Phone)407-327-595 '7 ,
5'hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively "Property") pursuant to the terms and conditions of this Contracl
6 for Sale and Purchase and any riders and addenda ("Contracl"):
71. DESCRIPTION: " .
Contract for Sale and Pll
FLORIDA ASSOCIATION OF REALTORS@ AND
chase
HE FLORIDA BAR
wo
(a) Legal description of the Real Properly located In
SEMINOLE
County, Florida:
10 SEE ADDENDUM "EIOTlLEVARD PR()PF.RTV"
(b) Slreet address, city, zip, of the Property Is:
(c) Personal Property:
13
14
PURCHASE PRICE: ............................................................................................................................................................................................................ $ ~ ~
PAYMENT: BROWN, WARD, SALZMAN & WEISS, P.A.
(a) Deposit held In escrow by. (Escrow Agent) [n the amount of ........................................
(b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date (see Paragraph III) In the amount of ..................;...........
(c) Subject to AND assumption of existing mortgage In good standing In favor of
having an approximate present principal balance of ...................................... $ N'/A
(d) New mortgage financing with a Lender (see Paragraph IV) [n the .amount of ........................................ '$ N !l\,
(e) Purchase money mortgage and note to Seller (see rider for terms) In the amount of ........................................ $ N I!'.
(t) Other: ........................................ $ N fA
(g) Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations ........................................ $ SEE ~
lO Ill. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer Is not executed by and de[lvered to all parties OR FACT OF EXECUTION communicated In wrltln~
"c ~/:c" c_ ~ooc;.cooc , the deposll(s) will, at Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice o'
JI....n....i.::.... ..w;::.:o.... :.if~:ii.-:.:. ~iiuwl w.",,: _~U::....I n,- .:.....".:. ..--~; i;'LI ',......,Iu.n.i:uu ;un:".;u... n. ...iinuu;nn" The. rfato nf ~nntr"~t (Gl=ffot"tlva nata") will ha 'ha ciA'a whon 'ha. IAQt nna nf tho RII\laf Ann ~a.llc:u
28 h~~ -;iQ~-'3~~r!h-!~~-U~r~Af~G~i~!!~ ~~;}'-;!-Ih!;~::;h~~~i ~~d ~~y.;!g~~!~~;~.h;r~~~.sh.~i!-b~. ~;s!d~.;ed.fu!"-~!!. p~~o~~~-~~-a~;.r!g!!1.~!~. -- ...- --.- ....-.. ...- ---. -..- ~. ...- --1-' -..- --..-.
16
$ !;RF. ArnFI'ilfIJM
$ N!A
20
;-~~~..A.~~!:ll.l~1
o (a) This Is a cash .transactlon with no 9Ciryir~~@~I~~j~~9.N[
o (b) This Contract Is conditioned on BuYe(~~!alnjOg~!iIJ?~. days Elfter EffectivEI': b~te for (CHECK ONLY ONE' an adjusteble; or 0 €
fixed or adjustable rate loan In the principal amolJri!:i::if$.""'" ., IHterest'" " i1~!.~0 exceed/:'~ %, dls or glnallon fees not to exceed _% o!
principal amount, and for a term of ~ ye~?s: Buyiif wlll'ma_R~C ~J~ . U~W ale and use reasonable diligence. to obtain e loar
commitment and, thereafter, to satisfy terms and condlUons of tlii! c. hi !:ill .." . . .,' enses. If Buyer falls to obtain a commitment or faUs to waive
Buyer's rights under this subparagraph within the time for obtaining a:C6mii1iffii~hf 6fi' ',,",,': ms and conditions of the commitment by the closing date,
then either party thereafter, by written nollcs" 10 the other, may canceHtlm:e-ilnWt:tstiEifi' ; or
o (c) The exlsllng mortgage, described In Paragraph lI(c) above, ha . a Ie Interest rater~. 'Efof _% per annum. At lime of tllle iransfer, some fixee
Interest rates are subject to Increase; [I Increased, thll r 0 exceed % per annurn;\;S'eli IImment from each mortgagee stating the principal balance,
melhod of payment, Interest rate and status <lge or authorize Buyer or Closing Agent tei 'obTiii' r.fiii'S agreed to assume a mortgage which requires approva
01 Buyer by Ihe mortgagee for a , then Buyer shall promptly obtain the necessary appllcalloft aria" c6mplete ~nd return Itlo the mortgagee. Any mortgagee charge(s).
not to exceed $ (1% of amount assumed If left blank), shall be paid by Buyehii not:accepteii.by mortgagee or the requirements for assumpllon are
.. not In ce with the terms of this Contract or mortgagee makes a charge In excess 01 the staled i(.. . .Ie(o?:Ej.Jy~r rn~y rescind this Contract by wrlllen notice to the othel
'... . . ~t w.t.:, (.II &^..:.....~s-fllel~~agt! ef,ar~8S. .....,:i.,.".:..~,~;.!~:.~:~..'.:... ,\;;~.~::{~~1, :....~~-.:'.
.... TITLE EVIDENCE: At leastl!L days before closln\l date, (CHECK ONLY ONE): 0 Seller shall, at S~i!~~~;~~~,~6~~'!a~\~~H8.~~er or Buyer's attorney; or Cl8uyer shall at Buyer's
:: .::;;;.:::.:.: .:~:.::;. :~: ::~:~ ~~::..': ~~::;: 0 abstract of title; or ~ title Insurance commitment (wllh legible ci?p.1~l,~r)nst~.ifi.entsl.i~t~.d,~~,exCeptlons attached thereto) end, after closing, an
~:';:'-.-.-;.,:,;',:, ;:..:.::.:;.-,..:;.: ::::.:. :;..:.;.;;.:;;.:..:.. ..~..:/_~.':.,;~{..;.i;:::;:-.~.:~;>,. :~. ~)-.: ,;,,;':~:';~,::'-:\"
:~ '::. CLOSING DATE: This transaction shall be closed and the closing documents delivered on S~'~Aaeaf\ahrri:i<::.,: \::ii:::',rfUn'l~ss modified by other provisions of this Contract.
RESTRICTIONS; EASEMENTS; LIMITATIONS: BUY'lr shall take title subject to: comprehensive lii'noJ~~:pl!i~~r~6;~iff~\';~~'~tfia\IJWW~'i'ohlbltiOnS and other requlremenls Imposed by
~.. __._~____~_.._. _....L__.L__ ___"_'_0'___ __.....l __....___ ______1__ __ ..1-_ _1_. __ _&L.__..I__ ______._ Il..._ ___L.-J'..I:::.I:.:-::::~'~l~;.,i:~::c.:lL'.....:!-~li ~'il:;';::,",.....':1...:I':..:,~~'~, _1_1....._ _. _~___...l...IU..._.... _'_LA _, ~_._.. _..LII_
." :1::.:,""" ....... '...... -:..... ':' "/1 . ...."';' .......... '... ....:."" ,. .-:._;- -:r"''''-.-' ': '1:1 -:: ., ,- ,..'-:. ...._ ...;' '.... T' .-: ....7..." ""-" :- ..~.... ..._.............. ...';;-~,.1'll':":~7..\t..;~{!:~!~;:i:~.- fi'r.;:,.:::::.-:';";.~';'~l':'r:;-r:_~:~;_~.-: _ -~ _'_ --.-;. ,,-,':";~ ~-::~ '.'_~~:L-~ -:.:~. ~~ ~~~~'~
.._..~._~~~._.. ----~..-~~.-... ~-. ..... .--:--...-....- ~.."':"'.....- n...__~_.. ._..............._....~ "_' ._':'"'. ........_.... ...._.-:- ..."" "'" """... """"",.", '''""''':'''''''.'''-.;'';;;;''''''' ~".,::"",.,;;=;;"",.,,, "';;;;. ''''":,,.'' ...."'_" '" It'j't:H III WIUUI d~ \u tilt: tjlUt:
-.. :-:. ._: ;,~I~~A- nth~rwl~~ '~t~-t~rl- hA-rRln)' t~x~~ fnr VRAr nf r:ln~lnn Rnrl ~11h~~n1;Ant ;'AAn~' R~~"mAti mnrtm~ri~JJ~rlrl.]nij~f.'t,k~~~- h;M-~~\i ri)1-rirf~'nA~'~.lf env (if Aoditlonalltems. see addendum':
cOr~:;~~-:'. :,~:~~ :~===_:;~= ~,_~,:=,;:;~_:':,:,=;,:~,_:.',~~,~,,~~;~:;Q==:,-~~;'~-~c~_~~; ~_,~~ ~-; :;':~-""c:::~=c,;;':~Q-OOy~ti.q-:'.MiliB:cH:pa~1'~~. ,,-_. - -.. .. .. - - -p~rpo~e(s):
., VIII nr.r.IJPANr.V. ~AII,,, w~rr~n'Q th~t fhArA ~rA nn n~r11~Q In n"""n~n"v nthAr th~n ~AIIAr' hili I! PrnnArtv IQ fiitRi\rlilrl ti\'fi~.:~;;l;t~ri ~;:;:;~~;If;I~ii.hAvnnci r.loQlnn IhA fAct Anci 'ArmQ 'hArAol
54 a~ci tt;; t~~a~t(s) 0; ;~~pant~ ~hallbediscl~sed p~ri~anl to Sta~dird F: Seller shall ciellve~ ~~~upancyot' p~opeHYt~.cBuY~~:kj\lmEl;qi"~I~s!h9.,Uriless otherwlss'"stated herein. [f occupancy
55 Is to be delivered belore closing, Buyer assumes all risks (If loss to Property from date of occupancy, shall be resporislble arid. \lable..for'iT1altiteriance from that date, and shall be deemed te
56 have accepted Property In Its existing condlllon as of time of takl~g occupancy unless otherwise stated herein. ;:'\'.;:J" .::..... ':.;'. ;:. - '.".::'" .:. .
57 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrlllen or handwritten provisions, riders and addenda.si;~ii.don!r61:all:pi!~fedpidvlslons of this Contract In connlct with them.
58 X: RIDERS: (CHECK those riders which are applicable AND ere attached to this Contract): .'
o COMPREHENSIVE RIDER 0 HOMEOWNERS' ASSN. : ., .' 0 COASTAL CONSTRUCTION CONTROL LINE
o CONDOMINIUM 0 "AS IS" ,..,: ,"[lINSULATION
o VNFHA . 0 LEAD-BASED PAINT ':. " q
. A~~I~NA.BIL!TY: .[HECK _,?NLY, _CJ~L~~: !'~~~ 9 may assign and thereby be released from any further lIab11lty under thliFOoniracii b may assign but not be released from lIab11lty
39
DISCLOSURES: ....
(a) I'ladon Is a naturally occurring radloactJve gas that when accumulated In a building In sufflclent quentlUes may present health risks to persons who are exposed to It over time. Levels of radon
that exceed federal and state guidelines have been fc.und In buildings In F1orlda..AddlllonallnformatJon regarding Radon or Radon tesllng may be obtained from your County Public Health unit.
(b) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure.
(c) If the real properly Includes pre-1978 residential housing then a lead-based paint rider Is mandatory.
(d) If Seller Is a "foreign person" as defined by the Foreign Investment In Real Property Tax Act, the parties shall comply with that Act.
(e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
HOMEOWNERS' ASSOCIATION DISCLOSURE.
,., .iii MAXIMUM RFPAIR r.n!':T!':, !';"IIA' QhAII not hR r""pnMlhlA Inr pAymentQ [n excess 01:
(a) $ N/A for treatment and repair under Standard D (If blank, then 2% of the Purchase Price).
;~ (b) $ NM . for repair and r'3placement under Standard N (If blank, then 3% of the Purchase Price).
:: :::':. ~r;;;;:;i'::'i.. CLAUSES; ADDENDA: If additional terms are to be provided, allach addendum and CHECK HEREXl.
76 XV. STANDARDS FOR REAL ESTATE TRANSACTIONB: Standards A through W on the reverse side or attached are Incorporated as a part of this Contract.
77 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
78 . THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
79 Approval does nol constitute an opInIon fhaf eny of the ferms end condiflons In thIs Confract should be accepted by the partIes In a particular lransaclion. Terms and condiflons should
80 be negotiated based upon fhe respeclive Inferesfs, objectives and bargaInIng positions of aI/Interested persons.
81 CITY OF WINTER SPRIN~YRIGHT 1998 ,BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS'
By:
(Buyer)
. . . . . . . . .
I . . . .!-.....!-..L..
~til!':':':":,:,:
~"""'"
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, ~~ I 1.1
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~qat~:.:. :.:.:.:.
. . . . . . . . .
(Date)
(Seller) LEWIS BLUMBERG
Social Set<urlly or Tax 1.0. #
83
(Date)
(S~lIer) JUANITA D. BLUMBERG
SocIal security or Tax 1.0. #
86
(Buyer)
... ............... ...........-..., .... __n .._.;-;
ADDENDUM - BOULEVARD PROPERTY
THIS ADDENDUM is attached to that certain Contract For Sale and Purchase ("Contract")
of even date herewith in which LEWIS BLUMBERG and JUANITA D. BLUMBERG, his wife,
is "Seller", and the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation,
is "Buyer", as follows:
WHEREAS, the parties acknowledge and agree that Buyer proposes and desires to construct
a boulevard on the Boulevard Property in order to enhance the development of the Town Center; and
WHEREAS, Buyer and Seller currently have an application before the Governor and Cabinet
for the State of Florida to acquire two portions of Seller's property for purposes of creating Hickory
Grove Park and the acqui sition of said park is a condition precedent to the parties performance under
this Agreement; and
WHEREAS, Buyer's desire to construct the Boulevard requires Buyer to acquire certain real
property owned by Seller, more particularly described hereunder and referred to as the Boulevard
Property; and
WHEREAS, as part of this transaction, Seller is requesting that Buyer vacate that certain
portion of First Street, more particularly described hereunder and referred to as the Vacated Property;
and
WHEREAS, the parties agree that the mutual covenants, agreements, and monies contained
herein constitute good and valuable consideration sufficient to support this Contract for Sale and
Purchase.
1. Recitals. The foregoing recitals are hereby deemed to be fully incorporated in this
Contract by reference.
2. Condition ]Precedent. Buyer's obligation to close under this Contract shall be subject
to the satisfaction of the following conditions precedent enumerated below. In the event anyone of
these conditions is not satisfied for any reason whatsoever, then this Contract shall terminate, and
Buyer and Seller shall be fully relieved from all further rights and responsibilities under this Contract.
A. The complete execution of this Contract by Seller and Buyer and the approval
of this Contract by Buyer's City Commission at a public meeting.
B. The acquisition by the State of Florida of West Hickory Grove Park (1.669
acres) and East Hickory Grove Park (2.856 acres) as depicted in Exhibit "3."
C. No action, suit, proceeding, or official investigation shall have been
threatened, announced, or commenced by any person or federal, state or local
Page 1 of 7
government authority or agency that seeks to enjoin, assess civil or criminal
penalties against, or obtain any judgment, order, or consent decree, with
respect to either party hereto, in connection with their respective
representations and obligations under this Contract.
D. Buyer obtaining, at its sole costs and expense, all permits necessary to
construct the Boulevard on the Boulevard Property, including, but not limited
to, ifrequired, permits from the City of Winter Springs, Seminole County, St.
Johns River Water Management District, United States Army Corps of
Engineers, and other governmental authorities having jurisdiction over the
proposed Boulevard.
E. Prior to or simultaneous with closing, Buyer and Seller executing a binding
option Agreement in which Buyer shall have at least a two year option to
acquire a sixty (60) foot right-of-way on Seller's property, as generally
depicted on Exhibit "3" which is attached hereto and fully incorporated herein
by this reference.
F. Prior to or simultaneous with the closing, Seller conveying a thirty (30) foot
easement which shall be in a form mutually acceptable to Seller and Buyer and
connecting East Hickory Grove Park and West Hickory Grove Park, as
depicted on Exhibit "3" of this Addendum.
G. Prior to or simultaneous with the closing, Seller granting Buyer a right-of-first
refusal to purchase the real property depicted on Exhibit "4" which is attached
hereto and fully incorporated herein by this reference.
3. Deposit and Purchase Price. In accordance with Paragraph II of the Contract for
Sale and Purchase, the Purchase Price shall be $142,000.00. The deposit shall be $14,200.00. The
balance to close shall be $127,800.00.
4. Vacant Property. Because the Boulevard Property is vacant land, clauses D and
N of the Standards for Real Estate Transactions printed on the Contract are deleted.
5. No Mortl~age. Because Buyer will not be financing the purchase of this Boulevard
Property by a purchase money mortgage, Clause B of the Standard for Real Estate Transactions
printed on the Contract is deleted.
6. Amendment to Standard Clause A. Clause A Evidence of Title of the Standard
for Real Estate Transactions printed on the Contract is hereby amended, in relevant part, as follows:
Buyer shall have 30 days from the date of receiving evidence of title
to examine it. If title is found defective, Buyer shall within 10 days
Page 2 of 7
thereafter notify Seller in writing specifying the defect(s).
7. Inspection and Cooperation. Seller hereby grants to Buyer until the scheduled
Closing the right to inspect the Boulevard Property and make a determination, in its sole and absolute
discretion, whether the Boulevard Property is suitable for Buyer's purposes ("Inspection Period").
During the Inspection Period, Seller hereby grants to Buyer and its designees the right to inspect the
Boulevard Property, at reasonable times and upon reasonable advance notice to Seller, in order to
permit Buyer to examine the Boulevard Property and conduct such feasibility and physical
examinations as Buyer, at its sole discretion, deems necessary to determine the suitability of the
Boulevard Property for Buyer's purposes. During the Inspection Period, Buyer may submit plans or
discuss any matters Buyer deems appropriate with governmental authorities and officials having
jurisdiction over the Boulevard Property. The inspections by Buyer may include soil tests,
environmental assessments, wetlands review, determination of permits, status of zoning, review of
development documents pertaining to the Boulevard Property, concurrency criteria and other matters
Buyer may deem appropriate. Buyer shall bear all costs and expenses associated with performing its
inspection. Buyer shall restore the Boulevard Property to substantially its original condition after the
completion of any tests performed on the Boulevard Property. Buyer shall keep Seller informed
during the course of the Inspection Period of Buyer's progress and findings. Expiration of the
Inspection Period shall constitute actual notice by the Buyer that the Inspection Period has ended,
the Boulevard Property bas been accepted, subject to the warranties of Seller and other conditions
provided by this Contract, and the Buyer intends to proceed as herein provided. Buyer at any time
during the Inspection Period shall have the unconditional right to terminate this Contract, without
penalty, for any reason or no reason whatsoever by providing written notice of such termination to
Seller, and Buyer shall be refunded its entire deposit whereupon both parties shall be relieved of any
further obligations hereunder.
8. Represf,ntations and Warranties of Seller. Seller hereby makes the following
representations, warranties and covenants, all of which shall continue after and survive the closing
of this transaction:
A. Seller now has or will have at the closing, good marketable fee simple title to
the Boulevard Property, free and clear of all encumbrances, other than the
exceptions stated in section VII of this Contract, and no party except as herein
set forth has any rights in, or to acquire, the Boulevard Property.
B. There are no suits, actions or proceedings (including any proposed zoning
changes or condemnation proceedings) pending or, to the Seller's knowledge,
threatened against Seller or affecting the Boulevard Property.
C. Seller has received no written or oral notice of any claims, demands, litigation,
proceedings or governmental investigations pending or threatened against or
rellated to the Boulevard Property, which claim, demand, litigation, proceeding
or governmental investigation could result in any judgment, order, decree or
Page 3 of 7
settlement which would adversely affect the Boulevard Property.
D. Seller has not received any uncured written or oral notice that the Boulevard
Property is not in compliance with any federal, state or local statute,
ordinance, rule, regulation, requirement or code, including, without limitation,
building, fire, health, environmental and safety codes, relating and/or
applicable to the ownership, use and operation of the Boulevard Property.
E. Seller has full right, power and authority to execute, deliver and perform this
Contract without obtaining any consents or approvals from, or the taking of
any other actions with respect to, any third parties. This Contract, when
executed by and delivered by Seller and Buyer, will constitute the valid and
binding agreement of Seller, enforceable against Seller in accordance with its
terms.
F. Neither the execution of this Contract nor the consummation of the
transaction contemplated hereby will constitute a violation of or be conflict
with or constitute a default under any term or provision of any agreement,
lease or other obligation to which Seller is a party or by which Seller or the
Boulevard Property is bound.
G. There are no leases, options, purchase agreements, tenancies or land contracts
affecting the Boulevard Property or any part thereof.
H. To the best of the Sellers' knowledge, Seller represents that there does not
exist any hazardous substances, as hereinafter defined, at, on, under or about
the Boulevard Property and that Sellers, to the best of Sellers' knowledge,
have complied with the Comprehensive Environmental Response,
Compensation and Liability Act, the Superfund Amendment and
Reauthorization Act, the resource Conservation Recovery Act, the Federal
Water Pollution Control Act, the Federal Environmental Pesticides Act, the
Clean Water Act, the Clear Air Act, the Florida Air and Water Pollution
Control Act, Chapter 17 of the Florida Administrative Code, any so-called
Federal, State or Local "Superfund" or "Superlien Statutes", or any other
statute, law, ordinance, code, rule, regulation, order or decree regulating,
rellating to or imposing liability (including strict liability) or standards of
conduct concerning any hazardous substances (collectively the "Hazardous
Substance Lawsll). For purpose of this Contract, the terms Hazardous
Substances shall mean and include those elements or compounds which are
contained in the list of Hazardous Substances adopted by the United States
Environmental Protection Agency and the list of toxic pollutants designated
by Congress or the Environmental Protection Agency or under any Hazardous
Substance laws. Hazardous Substances shall also include radon gas.
Page 4 of 7
All of the representations and warranties made herein are true, correct and complete as of the
date hereof and all information supplied to or to be supplied by Seller or its agents, shall be
supplemented or corrected as necessary so as to be true, correct and complete in all material
respects at closing, as amended. If any representation and warranty set forth above is found
by Buyer not to be true on or before the closing date, or if Seller shall not have performed all
its covenants to be performed hereunder on or before said date, the closing date may, at
Buyer's sole option, be deferred and Seller shall be given five (5) days after notice by Buyer
to fulfill its obligation or comply with such warranty. In the event said obligation or warranty
cannot be performed or complied with within five (5) days after notice, this Contract shall,
at the Buyer's option thereupon be terminated and of no further force and effect, the escrow
agent shall thereupon return to the Buyer the funds and documents previously paid or
deposited by it, and Buyer shall have any and all remedies, as provided in this Contract. From
and after the Closing, Seller agrees to indemnify, defend and hold harmless the Buyer from
and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments,
judgments, losses, damages, costs and expenses (including interest, penalties and reasonable
attorneys' fees and disbursements) directly or indirectly arising out of, or resulting from the
misrepresentation of any of the representations or warranties of Seller made in or pursuant
to this Contract or in any exhibit or schedule hereto. Buyer will promptly notify Seller of any
claims, action or proceeding for which indemnification will.be sought, including the amount
and nature of the claim, and the Seller will have the right, at her expense, to assume the
defense thereof. In connection with any such defense, the parties agree to cooperate with
each other and to provide each other with access to relevant books and records in their
possession. In connection with a claim made under this paragraph, interest shall accumulate
from the earlier of (i) the date at which such claim is resolved in favor of the Buyer by
agreement of the parties, or the final order of a court, or (ii) the date at which the Buyer
incurs an out-of-pocket expense in connection with such claim, at the legal rate. This
paragraph shall survive closing.
9. Waivers. No action taken pursuant to this Contract, including, without limitation,
any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party
taking such action of compliance with any representation, warranty, covenant or agreement contained
herein. The waiver by any party hereto of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach.
10. Amendment and Modification. This Contract may not be changed, waived,
discharged or terminated except with the written consent of the Buyer and Seller.
11. Notiees. All notices, consents, requests, instructions, approvals and other
communications provided for herein shall be validly given in writing and delivered personally, or sent
by registered or certified mail, postage prepaid.
12. Headin~:s: Entire Agreement: Governing Law. The headings contained in this
Contract are for reference purposes only and shall not affect in any way the meaning or interpretation
Page 5 of 7
ofthis Contract. This Contract constitutes the entire agreement and supersedes all prior agreements
and understandings, both written and oral, among the parties with respect to the subject matter
hereof, and this Contract may be executed in separate counterparts, each of which shall be deemed
an original, and all of which shall constitute one and the same instrument. This Contract shall be
governed in all respects, including validity, interpretation and effect, by the laws of the State of
Florida.
13. Savings Clause. The invalidity or unenforceability of any particular provision of this
Contract shall not affect the other provisions, and this Contract shall be construed in all respects as
if such invalid or unenforceable provision were omitted.
14. Closing :Date: Extension of Closing Date. The Closing Date shall be within sixty
(60) days after West and East Hickory Grove Park are acquired by the State of Florida. Buyer shall
also have the unilateral a.nd absolute right to exercise one sixty (60) day extension of the Closing
Date. Buyer shall exerci~,e the extension by providing at least three (3) days written notice to Seller.
Any other extension shall be by mutual agreement of the parties.
15. Place of Closing. Closing shall be at Winter Springs City Hall, 1126 East State
Road 434, Winter Spring;), FL 32708 or may be byU.S. Mail or the City Attorney's office at Buyer's
option.
16. Legal Description. The parties acknowledge that upon the execution of this
Contract the only available legal descriptions of the Boulevard Property and Vacated Property were
the legal description of the Boulevard Property on Exhibit "I" and Exhibit "2". Upon execution of
this Contract, Buyer may have the Boulevard Property and Vacated Property surveyed or resurveyed
by a surveyor duly licensed in Florida. The survey will be by a metes and bounds description and said
description shall be incorporated into this Contract as if included herein at the effective date of this
Contract. The survey and legal description shall be approved by both parties prior to incorporation
into the Contract. Said approval shall not be unreasonably withheld by the parties.
17. Vacated Property. Seller's obligation to close under this Contract shall be subject
to the Buyer's City Commission vacating the Vacated Property prior to Closing. Buyer agrees to
begin the vacation proceedings upon Seller closing on the acquisition of West Hickory Grove Park
and East Hickory Grove: Park and the median strips as depicted in Exhibit "3." The vacation
proceedings shall be completed by the closing of the Boulevard Property. In the event the City
Commission does not va.cate the Vacated Property, Seller shall, at their option, have the right to
terminate this Contract. No provision of this Contract shall be construed as requiring the City
Commission to vacate the Vacated Property. Notwithstanding, at a duly held public meeting, the City
Commission shall consider approving the vacation of the Vacated Property in good faith under the
procedures and requirements of applicable law.
18. Seller Not to Convey. Seller shall not convey any interest in the Boulevard Property
after the signing of this Contract without the prior joinder or written consent of the Buyer.
Page 6 of 7
19. Attorney's Fees. In the event of litigation arising out of or relating to this
Contract, the prevailing party shall, to the extent permitted by law, be entitled to recover alJ its
reasonable expenses, incJ!uding attorney's fees, costs, and other expenses reasonably and necessarily
incurred, through all administrative, trial, post judgment, and appelJate proceedings.
IN WITNESS "'HEREOF, the parties hereto have executed this Contract and Addendum
on the date written below their signatures.
SELLER:
BUYER:
CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation:
By:
LEWIS BLUMBERG
PAUL PARTYKA
Mayor
JUANITA D. BLUMBERG
Date:
Date:
Page 7 of 7
(
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LEGAL DESCRIPTION OF ACQUISITION
THAT IS THE SUBJECT OF THIS REPORT
PARcri.. 6
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POWT o/":iJ!~~. : " .: . - '. . . . '. .:.
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~ ON :l.A/CE ~'JP" as'~ ~ F'k:,t 800?I. 1. PCNJf' 5 o( .t~ Pui)Jie. Records of ~inole
~.ty. F1oi:1.~: oWre,~I~~ ;:tJ~lli~ as fc(lo"",:. .. '.
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thftnct! S 8;J'3rtB" W 0 $s,tppc..; ~f .'+4.0S' (_t.to the South Rf9ht of "Woy line of.scld rtr9t Stre~t
ani! t~. POiftr..QF Bl~NfNt!;...~l;rt~. Sz.r:u' OS. E a di3tance o.f lU9 feet; toMee S
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/0 .the Point of 8;,ginJlRl<;.-
Containing O.JOJ2 ac:res more or Jess.
EXH.IBIT
CL}lYTON, ROPER & MARSHALL
i
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LEGAL DESCHIPTION OF PORTION OF FIRST STREET TO BE
VACATED BY THE CITY OF WINTER SPRINGS
FIRST STREET RIG:Q.T-OF-WAY VACATION'
DESCRIPTION:
That part of Lot 28 Blode "B", D.R MITNWr.T ,'S SURVEY OF TIm LEVY GRANT ON LAKE
JESSUP as recorded :in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, more
particularly descr.ibecl as fonows: .
Commence at the Northwest comer of said Lot 28, Block "B", D.ll MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP as recorded in said Public Records said point being a
recOvered 3/4 inch iron pipe; thence run. S 180Srn" W along the West line of said Lot 28 a distanci=-
of 720.17 feet to theNorth Right olWay.1ine of First Street (a 30 foot unopened right of way) and
the POINT OFBEGlNNING; thence run S 71024'05" E along said North right ofway line.for a
distance of 423.48 feet;.thence S 65.37'18" W a distance of 44.01 .feet; thence N 71 024'05" W a
distance of 452.60 feet to a point on the Northeasterly Right ofWa.y line of State Road 434 per
Florida Department c)fTransportationRight of Way Map Section 77070-2516; said point being on
a Non Tangent curve concave Northeasterly having a radius of38436. 7 4 feet and a chord bearing of
N 38038'21" W; thence run Northwesterly along the ate of said curve through a central angle of
00004'57" fur an arc; distance of 55.44 feet to a point of Non Tangency; said point lying on the
afOrementioned North Right of Way line ofFltst Street; thence run S 71 024'05" E along said North
Right of Way line foira distance of 107.94 fc:Ct to the POINT OF BEGINNING.
EXHIBIT
CLAYTON, ROPER & MARSHALL - j 2.
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EXHIBIT 3
LEGEND
State Acquisition Parcels--,.--0
City Acquisition Parcels------G
Option Agreement------------.@
Pedestrian Easement
Portion of First Street
to be vacated
SCALE
1" = 200'
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AGREEIV1ENT TO ACQUIRE PROPERTY AND EASEMENT
This Agreement is made this _ day of ,2000, by LEWIS
BLUMBERG and JUANITA D. BLUMBERG (hereinafter "Seller"), and the CITY OF
WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation (hereinafter "Buyer").
WITNESSETH:
WHEREAS, SeHer is the sole owner in fee simple of certain real property in Seminole
County, Florida, more particularly described in Exhibit "1" attached hereto and incorporated
herein by this reference ("Property"); and
WHEREAS, at the execution date of this Agreement, Buyer is aggregating lands situated
on an around Seller's property for purposes of creating a network of parks and roadways for the
City of Winter Springs Town Center; and
WHEREAS, Buyer and Seller currently have an application before the Governor and
Cabinet for the State of Florida to acquire two portions of Seller's property for purposes of
creating Hickory Grove Park and the acquisition of said park is a condition precedent to the parties
performance under this Agreement; and
WHEREAS, Seller desires to grant Buyer an exclusive and irrevocable option to acquire
fee simple title to the portion of the Property depicted'on Exhibit "2" as a sixty (60) foot right-of-
way, under the terms and conditions of this Agreement; and
WHEREAS, the exercise of the aforesaid option shall be at the sole discretion of the
Buyer pursuant to the terms and conditions of this Agreement; and
WHEREAS, Seller also desires to grant Buyer a thirty (30) foot easement located on the
Property under the terms and conditions of this Agreement; and
WHEREAS, Seller further desires to grant Buyer a right-of-first-refusal to acquire fee
simple title to the portion of the Property depicted on Exhibit" 5" , under the terms and conditions
of this Agreement.
NOW THEREFORE, in consideration of Fifteen Thousand Dollars ($15,000.00), and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, and Two
Thousand Dollars ($2,000.00) of which is deemed sufficient consideration for the option granted
to Buyer hereunder ("Option Money"), and Two Thousand Dollars ($2,000.00) of which is
deemed sufficient consideration for the right-of-first refusal granted to Buyer hereunder ("Refusal
Money") the parties agree as follows:
1. Recitals. The foregoing recitals are true and accurate and are incorporated herein in
their entirety by this reference.
2. Condition Precedent: Payment. All rights, obligations, and liabilities of Seller and
Buyer under this Agreement shall be subject to the acquisition of the West Hickory Grove Park
(1.669 acres) and East Hickory Grove Park (2.856 acres), as depicted on Exhibit "2", by the State
of Florida. If the aforementioned parks are not so acquired within one (1) year of the effective
date ofthis Agreement, this Agreement shall automatically terminate and the parties shall not have
any further obligations under this Agreement. However, if said parks are acquired, Buyer shall
pay Seller Fifteen Thou;sand and no/100 Dollars ($15,000.00) within fourteen (14) days of the
park acquisition and Seller and Buyer shall perform their respective obligations under this
Agreement.
3. Option. Seller hereby grants to Buyer the exclusiye and irrevocable right and option
to purchase the sixty (60) foot right-of-way depicted on Exhibit "2" and located on Seller's
Property ("Option P~operty") in accordance with the terms and conditions herein. Buyer shall
exercise this option in its sole and absolute discretion by giving notice of exercise to Seller no later
than two (2) years after the aforementioned payment is made to Seller. If Buyer timely exercises
this option, within ten (10) calendar days therefrom, Seller and Buyer shall perform the Sale and
Purchase Contract as provided in Section 11 below. If Buyer fails to timely exercise this option,
Buyer and Seller shall be relieved of all further rights and responsibilities under this Agreement
and Seller shall retain the Option Money.
4. Description of Option Property. The parties acknowledge that upon the execution
of this Agreement the only legal description of the Option Property is the depiction on Exhibit
"2." Upon the execution of this Agreement, Buyer may have the Option Property surveyed or
resurveyed by a surveyor duly licensed in Florida. The survey shall be by a metes and bounds
description and said de~;cription shall be incorporated into this Agreement and the Sales and
Purchase Contract attached hereto as if included herein at the effectiye date of this Agreement.
The survey and legal description shall be approved by both parties prior to incorporation into this
Agreement and the Sale .and Purchase Contract. Said approval shall not be unreasonably withheld
by the parties.
5. Purchase Prke of Option Property. Seller and Buyer agree that the consideration to
pay for the Option Property shall be equal to Two and 30/100 Dollars ($2.30) per square foot,
which represents the appraised value of the Seller's property on August 1, 2000, per the written
appraisal prepared by Clayton, Roper & Marshall.
6. IDeM of First Refusal. In addition to the right to acquire the Option Property
described in paragraph 4, Seller also hereby grants to Buyer the exclusive and irrevocable right
of first refusal to purchase the real property or any part thereto depicted on Exhibit "5" and all
buildings and structure~; thereon ("Residence Property") in accordance with the terms and
conditions herein. This right of first refusal shall be for a term of five (5) years from the effective
date of this Agreement. In furtherance of this five (5) year right of first refusal, Seller agrees to
promptly notify all potemial purchasers of the Residence Property of the Buyer's right of first
refusal and also agrees that the closing of any contract for the sale and purchase of the Residence
2
Property, other than a contract with Buyer, shall be expressly made contingent upon Buyer not
exercising its right of first refusal granted under this Agreement. Upon receipt and acceptance
by Seller of any fully executed and binding contract to purchase the Residence Property, Seller
shall deliver the contract to Buyer within three (3) calendar days. Buyer shall have fourteen (14)
calendar days in which to evaluate the contract and to decide whether Buyer will accept the terms
of the binding contract and exercise its right of first refusal granted by this Agreement. If Buyer
exercises its right of first refusal, Buyer and Seller shall enter into a binding Sale and Purchase
Contract for the Residence Property in a form substantially similar to the contract between Seller
and the other party. The contract with the other party shall then automatically terminate and be
given no effect.
7. Consideration. The consideration defined aboye as Option Money and Refusal Money
is the sole property of Seller and is complete payment for the granting of the option and right of
first refusal granted hereunder and as such is forfeited absolutely by Buyer. Should Buyer
exercise the option or right-of-first-refusal, no credit will be given toward the purchase price for
the consideration paid for this option and right-of-first-refusal.
. 8. Covenant Not to Further Encumber. Seller shall not further encumber the Option
Property during the period of this option, nor shall any lease be extended or any new lease entered
into without Buyer's express written consent. In the event any lien or encumbrance is placed upon
the Option Property during the option period, Seller shall immediately cause same to be removed
at Seller's sole expense. Failure to remove the encumbrance within thirty (30) days after notice
is given to Seller by Buyer shall constitute a breach of the option and Buyer shall have all
remedies for damages provided by law or in equity (including specific performance and injunctive
relief)or at the sole option of Buyer, Buyer may elect to cancel this option, and in such event,
neither party shall have any further obligation hereunder.
9. Assignment of Option or Right-of-First- Refusal. The option and right-of-first-
refusal granted hereunder may not be assigned by Buyer without Seller's approval.
10. Recording of A2.reement. Buyer shall haye the right to record this Agreement or a
short form memorandum of the Agreement, at Buyer's option, in the public records of Seminole
County, Florida at Buyer's sole expense. In the event Buyer does not exercise the option on toe
Option Property, or exercises the option and fails or refuses to close and acquire title to the Option
Property, Buyer agrees to sign any and all instruments necessary to remove any cloud of title on
the said right-of-way property caused solely by this Agreement, and to have such instrument
recorded in the public records of Seminole County, Florida at Buyer's sole expense.
11. Incorporation of Standards: Other Provisions. A form Contract for Sale and
Purchase is attached hereto as Exhibit "3" and is incorporated herein by this reference ("Sale and
Purchase Contract"). Said Sale and Purchase Contract shall control and govern the rights of the
parties, expenses, closing procedures, etc., as set forth therein if Buyer exercises the option to
acquire the Option Property.
3
12. Conveyance of Easement. Seller shall convey to Buyer a thirty (30) foot
easement so that Buyer ~;hall be able to connect West and East Hickory Grove Park, as generally
depicted on Exhibit "2", provided West and East Hickory Grove Park are acquired by the State
of Florida. The Easement shall be in the form of Exhibit "4." Upon the acquisition of West and
East Hickory Grove Park by the State of Florida, Buyer shall have the easement area surveyed by
a suryeyor duly licensed in Florida. The survey shall be by metes and bounds description and said
description shall be incorporated into this Agreement and the Easement attached as Exhibit "4"
as if included herein at the effective date of this Agreement. The survey and legal description
shall be approved by both parties. Said approval shall not be unreasonably withheld by the
parties. Within five (5) business days of the parties approving the survey and legal description,
Seller shall fully execute the Easement attached as Exhibit "4" and immediately deliyer the
Easement to Buyer. Buyer shall record the Easement in the Public Records of Seminole County,
Florida.
13. Notices. All notices, consents, requests, instructions, approvals and other
communications provided herein shall be validly given in writing and delivered personally or sent
registered or certified mail (return receipt requested), postage prepaid, as to Buyer at the following
address:
Ronald McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
with a copy to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
P.O. Box 2873
Orlando, Florida 32802-2873
and as to the Seller, to:
Lewis Blumberg and Juanita D. Blumberg
or, in each case, at such other address as may be hereafter specified in writing by notice giyen by
any party to each of the remaining parties to this Agreement.
14. Amendmenlt and Modification. This Agreement may not be changed, waived,
discharged or terminated except with the written consent of Seller and Buyer.
4
15. Attorney's Fees. Should any legal action or suit become necessary hereunder for
breach of contract, specific performance or injunction, the prevailing party shal1 be entitled to suit
costs and reasonable attorney's fees through all appellate proceedings.
16. Counterparts. This Agreement may be executed in two or more counterparts, each
of which may be executed by one or more of the parties hereto, but al1 of which, when delivered
and taken together, shall constitute but one agreement binding upon al1 the parties hereto.
17. Choice of Law. This Agreement shall be governed in all respects, including validity,
interpretation and effect, by the laws of the State of Florida. The parties agree that venue for any
state action between the parties shal1 be Seminole County, Florida and as to any federal action in
Orlando, Florida.
18. Persons Bound. The benefits and obligations of the covenants herein shall inure to
and bind the respective heirs, representatives, successors and assigns of the parties hereto.
19. Time of Essence. Time is of the essence for this Agreement.
20. Headings; Entire Agreement; Governing Law. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement. This Agreement constitutes the entire agreement and supersedes
all prior agreements and understandings, both written and oral, among the parties with respect to
the subject matter hereof.
21. Savings Clause. The invalidity or unenforceability of any particular provision of
this Agreement shall not affect the other provisions, and this Agreement shall be construed in all
respects as if such inv,alid or unenforceable provision were omitted unless the invalid or
unenforceable provision constitutes a substantial part of the consideration exchanged by the parties
hereunder. In which case, either party shall have the right to terminate this Agreement within five
(5) days of the provision being declared inyalid or unenforceable by a court of competent
jurisdiction.
22. Exhibits J[ncorporated. Exhibits" 1" (Map of Blumberg Parent Parcel), "2" (60
foot right-of-way and 30 foot easement depictions map), "3" (Sale and Purchase Contract and
addendum), "4" (Easement), and "5" (Residence Property), which are attached to this Agreement
are hereby ful1y incorporated herein by this reference.
IN WITNESS W'HEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
[Signature page is next page]
5
WITNESSES:
CITY OF WINTER SPRINGS
By: Paul P. Partyka, Mayor
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing imtrument was acknowledged before me this day of
2000, by PAUL P. PARTYKA, as Mayor, on behalf of the City of Winter Springs, who is/is
not personally known to me, or has produced as identification.
NOTARY PUBLIC
Print Name:
LEWIS BLUMBERG
Print Name:
ST ATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, by LEWIS BLUMBERG, who is/is not personally known to me, or has produced
as identification.
NOTARY PUBLIC
Print Name:
JUANITA D. BLUMBERG
Print Name:
6
ST ATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, by JUANITA D. BLUMBERG, who is/is not personally known to me, or has produced
,as identification.
NOTARY PUBLIC
EXHIBIT LIST
Exhibit" 1 "
Map of Blumberg Parent Parcel
7
EXHIBIT LIST
Exhibit "1"
Map of Blumberg Parent Parcel
Exhibit "2"
60 Foot Right-of-way and 30 Foot Ea.sement Depiction Map
Exhibit "3"
Sale and Purchase Contract and Addendum
Exhibit "4"
Puiblic Recreational Easement
Exhibit "5"
Residence Property
8
Subject PropertY Tax.Map
CLAYTON, ROPER & MARSHALL
.__" _.......r-."....
:".. ....". . ".
Page 28
.~:~. .
EXHIBIT
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LEGAL DESCRIPTION OF THE BLUMBERG PROPERTY
. .
Lots 28, 29, and 30 of Block B, D.R. Mitchell's survey of the Levy' Grant, according to the plat thereof as
recorded in Plat Book 1, page 5. public records of Seminole County, Florida.
Less and Except the land sold to the School Board of Seminole as recorded in Book 2778. page 176 of
the public record of Seminole. Coun!y:
..c P~J~ ~f Lilt' Zg ~lId Ja. 1Ii1t:1t .. Dolt Mlrdl.tl.' :rur-)' tJt
tft, L,..,.. (;rail/ (1ft J.t1~ "'ngp, ft neYfl" it PI"t 4oo1r I, Pag,
~ (If /II, publiC flCO'W of SfI1IiJt<<, Cwnty. "orltftJ, /Hlng mil"
pf1rl/:uJllrly d,n:t1lHd in faltowt:
~."ci1t, at 0 L.$.;J,n f'l!Jllf mllfXklg IhI po/JI/ 01 itttlmcti()ll
b,/I/HIt tllD Hartl: Ilig!lt-of-Wtlr IIn, 0.# n.,t StrHt .(a t/llrly
loot ."idf tight-ot-""y) rrfth "" Wut ~igJIt-tlf-lft1y IkI, of
IJrontl,y AwnuI (a fifty (oof wid, rlghi-o(-way). nId ClInt.,
o4tJ bwltt! !h. SmMlalt CIJtIIIf' of "t .14 Blo(:/c << o.R.
JlUdt<<l/6 SuM)' 01 tfJ, ~'VY ~t '*' LokI JuwA " flCOl"ttld
.h .~t Soak ,. Pog. .!t of tlI, publft: rrt:orrI, of S.",.holl Ctlunty;
fTiJMa: t/i."C'I IlItI Norlh ~W'J1- Eat d~g "id /+'IIt
Ifig!lt-ol-Wrly 1iIJ. (,air! CI1IIfIf bUl' tu blZ6i, of b'~irg' fOf
tit" d"r:rIpli/JII) (J dlItattt:l 01 m,OI (Ht fQ/'. a Po/t1! af
fJ.,lMIng. "Id pollt af,o b,lng , poIIl of Q/Tt'Ituff of 11 ClIf'\'f
~=w Sa"tJr"~t.rfy "''f'iIIg tI f'tJdIIiI. of J().OfJ 1,,1.(J1Id , CUltral.
f1tl~ 01 94roO'OO~ thIn~ fIlfl NarlJ,.n~tirly. o/M' tII, arc of
ICId l:UIW 4",1 (_"t ID 1M po/lft of t6ll~f1lt:Jr tltm~ Nil Ncrt1l
,g~2J1- . Writ 4(J,6.J fr.t to tJr. polnt at "'fVlIfllTfl of. t:lHVW .
CMCl1.. SOQillf((y !tam, a rHiI6 (If 12.(J() f..t tIIId II ""traI.
att9l. D( 12'21'Uf1~' tillm;.. fI/tI lIWtlliy ~(IIIg th. arc al I~ .
eurw 17.67!Ht fa ~ plJlni af hIIl,ltIc)( . tfJltt" fl/n Ncrth
,,~'{Jg. /tlt,t 25J.51t (Ht tit 6\. point of CUMltin aI II _
"Ill:"'" NortJt<<:lt/ll'fy ham, (J nrIAI, " tafX1 r.1t t1tIdll
Cllttrrd flllgI. of ~'acJ~ /hlllt~ IV/I NGI'tJI"",tlfl; "/JIll 1ft.
. ~ of ,DId ClInti 11I.5J (", ItI Ill' point of /~",cJr tIIltI~
IlJn NiIf'tII 26'.2f1'(Ji- Won 2.17.011 flit 10 /h, pollt of ",r;afu,...
at a CUM a",Cl1.. S4uthw$f"'r fIfttr, fI.~' of JM..OQ ".t
and t1 ~fr$ t1tIgf. of 4S'()Q'DO": tlltff" filii lIUtlrl,y alon,
fJI. ~ of .vIti t::IfW J81.tl fHl to fJI. ~I of tflflgfflC)' M till
Swth R;~t-o(-'fIvy lh, tlf !<<Olld Sttnt ((I thlrly.fa41 trld.
r/#ht-td-wy) U MDwn fill ,cid pi" tltMCI Nft S""t11
71'21'011. ct/.t alQ'f9 'Ilk! R/gIIt-cl-~ Iii. ~ tlilttlllCl at
1U.;.1 !HI to 11 politi tIl't II t:tJrI9 of fIl. """flfy R/gJIt-al-ltby
/hI of tJt. ~OlWlI CtIr1#t ~ lfolJto#1I: /I)"," I'Off1 a ItlfIg",t .
D,at'lng o( ~Jth (U',u'2J" Ct11i II/It StIu~"'Y fJIlJ1lg UJId
Hight-o/-lfrJy J11, (11I11 fIl. arc of tI ~ "Mar.. Swtb"tHfy
hol'fng /I roiI:1z of 76~:Jl ff*1 " d1I~ of u.'7.fHt throtlglr 0
wrvtlf OIIgI. of .~~6'41. f. fM pMt tll CtJfflP~~ I:J/fVOflIrt .
~( 0 euI'W ~Cl:l'- $~till1'Ultdy hr-ing', ",dAn of JIll-a' 1,.1;
tIIf11C. tf'Qm , fOt'l!1U't b~-!tI(1 "SIHIth ~4r46. Eolt Nfl
SoutlltlOI'tIrly along '11M rdrood rIg/lt';"'l-n.y (ltlrI tM rJI't: o(
raid ~ IJo,76 r"t tlJrl1llvll fl ~frol rJIIV' of Dl~4~r tit
1M oforenMltion.d ItfHt RIgItI-tJI-tl'rl/ IIn. of "'Ollt/,y A_,..
/lJfI(ICI /kIm. (f {CIIIgmt b~lng tI' South ~. 5J'D,. filii South
. JOTU."'" WIt" dOltf1 rold w...t R/gIti-tlf-Way /In. 2Jl.10 ,,,t to
III. Po.ht .t tf.glMlht1-
-- -
Also:
TRACT I: Begin at Intersection of easterly right of way of Sanford-Oviedo Road and the northerly line of
the unplotted part of Block B lying north and east of Sanford-Oviedo Road of D.R. Mitchell's Survey of
Levy Grant, Plat Book 'I, Page 5 of the Public Records of Seminole County. Florida. Run South
39050'15" east along the easterly right of way of Sanford-Oviedo Road 368.0'; thence north 50009'45"
Page 8
CLAYTON, ROPER & MARSHALL
..-
("
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east 237.461 to north line of unplatted part of Block B thence north 72040'15" west 437.96' to point of
beginning. .
TRACT II: Begin at Intersection of easterly. right of way of Sanford-Oviedo Road and the northerly line of
unplatted part of Btock B lying northeast of Sanford-Oviedo Road of D.R. Mitchell's Survey of Levy Grant,
run south 39050'15" east along easterly right of way 368' to point of beginning. Run thence south
39050'15" east along easterly right of way 152', thence north 50009'45" east 335.54' to north line of said
un plotted part of Btock I? thence north 72040'15" west along north line 180.9', thence south 50009'45"
west 237.46' to beginning. .
LESS and EXCEPT from Tracts I and 11 that portion conveyed to the State of Florida Department of
. .
Transportation in that certain Deed filed March 4, 1994 in Official Records Book 2757, Page 598, Public
Records of Seminole County, Florida, being described as follows:
A part of the unnumbered Lot in Block B,. DR. Mitchell's Survey of the Levy Grant according to the plat
thereof as recorded in Plat Book 1, page 5 of the Public Records of Seminole County, Florida, being
more particularly described as follows:
Commence at the Northea:::t corner of said unnumbered Lot in Block 8, being the point of intersection of
the Southerly right of way line of First Street, a 30-foot wide unopened right-of-way and the Northwesterly
right-of-way line of Brantley Avenue, a 50-foot wide right of way; thence run North 71 '22'40" West along
said Southerly right of way of First Street and the North line of said unnumbered Lot in Block B a
distance of 1673.03 feet for a point of beginning; thence departing said North line of the unnumbered Lot
in Block B run South 38043'16" East a distance of 440.56 feet; thence run South 510 27'38" Wes~ a
distance of 53.01 feet to a point on the Northeasterly right of way line of S.R. 434 according to F.D.O.T.
Right-of-Way Map Section "77070-2516; thence run North 38032'22" West along said Northeasterly right-
of-way line of S.R. 434 a di~;tance of 520.53 feet to said Southerly right-of-Way line of First Street; thence
run South 71022'40" East along said Southerly right-of-way line of First Street a distance of 95.17 feet to
the point of beginning.
The above-described property will also be further reduced by the pending sale of 5.916 acres contained
within 5 parcels to the City of Winter Springs. This pending sale is related to the same Town Center
Recreational Park as the c:urrent acquisition. The legal descriptions of these 5 parcels that will be split
off from the larger parcel are included in the addendum of this report.
RIGHTS-INTEREST APPR.AISED
(.
FIVE- YEAR HISTORY OF TITLE
Blumberg Property
The owners of the property purchased the various parcels that comprise the entire property over a period
of several years as shown in the following table: - .
PROPERTY PURCHASE SUMMARY
Parcel Purchase Date OR & S #
2030-26-5AR-QSOO-OOU 1 Oct-8S 1681-599
2030-26-5AR-QSOO-OO28 Jul-80 1288-465 .
2030-26-5AR-QSOO-OO29 Nov-81 1365-1123
2030-2E)-5AR-QSOO-OO30 Dec-78 1202-1865
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....:'30 foot
:: Easement
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M~dian 'C'
o . 688 acres
Median 'B'
0.154 acres
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~ reel) Space Purchase Areas
':.....;'-.~-. ,: "=20U'
- --. -........
100' 200'
800'
EXHIBIT
I 2.
,
400'
~
EXHIBIT "3"
CONTRACT FOR SALE AND PURCHASE
-OPTION PROPERTY-
ATTACHMENT B
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. -_ FORf'l~-HAS:~EEN~PPROVE[H3,,('THE.FLOR1DA:ASSo:eIATION::OF:,R~AL;TORS03lj~ND-THE;FLORIDA: BAR; .
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'l:.EWIS BLUHBERC l\ND .JYANI:'m D. BJ:..UMJlERG
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(Phone)
. ("Buyer"),
(Phone) 407/327-5957 ,
~L#. _ :__ _ U..:-6 ~~~I~~ ~~~~! ~~!~ ~~~ ~~ ~i'~!" ~~~!! ~~ ~y ~~~ ~!!~,--,j!!~g ~~~~!'!b~d !,~~!~!,,~~~rty ~nr:f r~rAnn'RI rrnpRrty (collectlvely.IIPropertyll).pursuantto t~eterms and conditions of this Contract
..... -n-~ ~:::-.-~:.':..:: :::-:.~ ::~.;- :-:~:":.:-:": __..a ...~~:":~~~ ~1I~~..............-n,. . . .
DESCRII~TION:
(a) Legal desqrlptlon 0; the Real Proper.\)' iocated In -.-.:.~
.c:[rfi OF WlNl'ER ~, .1~' tIwIDN!UNICIPAL OORI!ORATION
bountY, Flortda:
. .
~ J\OOF1i1IXJM. IIQPl'IOO' PROPEIll'YII
(b)" Street address, city; zip, of the Property Is:
(c) Pe/'llonal Property:.
'. "
1;.~ ..
PURCHASE PRtCE; ....:....;...................................,..............,......:::.........,.....~....;:.................;.,..............,...:..:...,:....,.............,.......:...................:..;................::
PAYMENT:. . ~ WARD 'SA.LZI~ &. WEISS' . ..
(a) Deposit held In escrow Oy~'. :' , '. .' .' . .... (Eilcrov.:A..gent) [n the. a1TIOlint of .:...:...:.........'.....................
'(b) Additional escrow deposit to be made to E&crow Agent 'Nlthln ~ !lays after ElfecllveData (see Pal'!3graph 111) In.the.amount.ol...,.~.:..:.....'..............
(c) Subject to AND assumption of existing mortgage.!n gotld.standlrig in. favor of"'
.I)avlng ~n e,pproxlmate present. p~lnclpa' balance of,....;..::...'.......,....:.........:...$ . N/'A'
(d) New mortgage flnanclng with a Lender (see pamgrap~IIV)"ln the amount of . .."......;....................:....,...... $ :t;l./"A
(e) Purchase money mortgage and note to.Seller (sea rtdElr lor terms) In lI1e amount of. ;...........:.........................;. $ .". N/A
. (~ Other: ..........................,............. $ . N/~
'(g) Balance to close by U.S. ce,sh or LOCALLY DRAWN caB!:'ler'il or official bank'check(s)..subject to adjustments or prorallons.....:......;............................ $.SEE . AJ)n~JM
TIME FOR ACCEPTANCE OF O. FFERj EFFiCTIVEDATE; F.ACSIMILE:II this offer.l~ riot executed by and .dellvered to an parties OR FACT OF E)(ECUTION communicated In writing
.. .L_ ~__..__ .__ __. ..~,_.~ . N_J\ . . . '. ,the dep9slt(s) win, at'B\.lyer's option, be returned and this offer withdra'(Vn.'F.or purposes of"denvery or nollce 01
.. . ~__..~_ ,__,..~~ O'.:'M M" "'~II^, ^' oo~h nf tho 'o~~,o...t1vo h~nk'm: nr. Al1nr",.y~: Th.. data of Contrad ("Effective Date") will be the date when the last one 01 the Buyer arid.Seller
- --' .L.I_ _u__ A bt"-dm!!Q t":,:;~y of th!~ ~nntr~~t'~nd any sIgnatures her~on. ~ha!! be.cons!dered for-all purposes as an original:' .'
$!;F.F.' MlIJFIUJM
$ SEE ADi>ENDUM
$ N/A.
FINANCING: .
o (a) Thls'ls a cash transa~lIon v.:lth m~ ~~t0~ W~;i?!}~~n:c!,~9t;k0'C:. .' '.'
o (b) This Contract Is conditioned on Buyer 0 . . .~JYrI\len'l art:.comrnltm.ent:. r EffectlvEi1D'iijiffor (CHECK ONLY. ONE): 0 a fixed; 0 an adjustable; or 0 a
f1xed.or adjustable. rate 10an'In the prlnclpa\ g,lrtB~Bf:o.I~~~~~~:5~\ ~9i1IO ei<5~~(j{~i. 0/0, discount and origination fees not to exceed ~% of
pnnclpal amount; and lor a term 01 ~ 'years. Buyer wlUm . .A"'W Effective' Date and' use reasonable diligence to obtain a 'Ioan
commitment and, thereafter, to satisfY terms and coridltlons of I . penses. If Buyer falls 10 obtain a commitment or falls to waive
. Buyer's rights uncter this s'ubparagraph within the tlmefol..obtaln[n ,.... I~rins and conditions 01 the commitment by Ihe clOsing date,
then either party thereafter, by written noUce to the other, may can triici and Buyer @; or .' . .
o (c) The existing mortgage, described hi Paragraph 11(.:)' above, lias: 0 a variable Intere'st. '. ill;! f ....:--ol...per annum. At-lime of IIlIe transfer, 'some fixed
interesl rates aresub]ect to Increase; if Increased, the rEite shall not exceed _0/0 per annu' . ent from aach mortgagee staling the pr[nclpal balahce,
method of payment, Interest rata and status 01 mortgage or authorize Buyer or Closing Agent to';.' . agreed to assume a mortgage which requires approval
61 Buyer by the mortgagee lor assumptfon, then Buyer shall promplly obtain the necessary appllca " '. . return' It to Ihe mortgagee. Any mortgagee chargers),
riot to exceed $ . (1 % 01 amoLnt assumed II left blank), shall be paid by Buya,..,. mortgagee or the requirerrienls lor assumption are
'not In accordance with Ihe terms of this Contract or m<iit9agee makes a charge In excess of the stated alii: ifti!lY rescind this Contract by wrttten nollcEl to the other
party unless either elects to pay Ihe Increase In Interest rate or excess niortgaga charges. '.' l:';~~.:": '~~;.}, .
TITLE EVIDENCE: At least -3.0 days belore closir~,g date, (CHECK ONLY ONE): 0 Seller shall, at sei!eP.ilj' )qY~r or Buyer's allorney; or Xl Buyer shall at Buyer's
.:. .L'_'_ :~' 'r~:' "."v ~~~=:: 0 abstract 01 title; or 0 title Insurance commitment (with legible qppl~fil :,as:,~xceptions attached thereto) and, after closing, an
, "I I ." ,,, H'" ",,;~:.~.lr~:~-!~ .
.. - .1 - -_..~.............. SEE.f/,{.~!\~~.::,<
CLOSING DATE: This transaction shall be closed 'and the closing documents dellvared on . "-. ~\.inlass modified by other provisions of this Contract.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer Bhall take title sUb/ect to: comprehensive la~~, "i;:~ 'rohibltlons and other requlrem~nts Imposed by
u._, _..'L__'''' ___..1.".__ __" ...."'Ho,~ ",,.,,.,o,;,lnn M, Ih'o nlAI nr otherwise.common to the'subd' ,.,. "'(al rights 01 record without right 01 entry; public
. . _._ _. ._:"__~ ,_______.. Mn 'n ho ';';'oton ;Mlln"n';~ In '''AI nrnnertV IIne~ Rnrl not more thaiFlb "I{dnt lines amI 7 1/2 leet In width as to the side
'. "nl,,~~ nlh"YW.I"e "t~ted hereIn); taxes for year of cloSing and subseq~ent 'years; assumed mortgag~~?~:aaJs.:4.(P ..I,l,~~ gas;: if any (II additional Items, see addendum);
. I -'. ;~-;;-;; ;h~;~ ~:-:~~ts ~! d0s1ng ~0 v!0!~H0n 0f 'h!'3 f~!"~g~I!"!g and none prevent use of the Property for ';:~:~ '. "): . purpose(s).
"" nr.r.IlPANCV, Seller warrants that there are no parties In occupancy other than Seller; but If Property Is ir'i\~~~!.~dCbeyonci closing, the lacl.and lerms thereol
,.___':_; __ ___ .;-__'_ _h_II h_ "'MIMO" :,,"~"ont te !,:'onrjq,d r:: Sellar shall deliver occupancy 01 Prope.. ... _ ... '.' ". . pI9i>1!1lr~riless otherwise stated'hereln. If occupancy
. L L ~_"H___~ h_'__~ ;,''''''''<;' "~y,,. ...00;'....,,0 "II ,;ok~ nf I,,~~ In Pmr'erly fmm natA of occupancy, shall be resp6i"l$ll?lei~[I~"!i~bl(;HPt;.(Ii,C1.In,lei]a~ce Irom that date, and shall be dE!emed to
Il:1Vt' c1l;(;t;plcd ::-'ivp6i:Y iii :~:; ~~~:;t:;":~, ~~;":d:!!~:--: e.~ c! ~!~e 0! ~~~!~~ 0~':'':.I::,~.n~y IInIA~~ nthArwl!=;A 5;tat~d herein. "/:~.;...,l::;;'~,j.:: ..~;:~~.~l~;...::j;~.;~:~~~:\~.;..... ".,::,.;.
TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda .~~.aii:Cp.n\rb(~ii'..Hfri.i~d.,pr6vlslons 01 this Contract In conflict with them.
RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): . . . . ':'~':C':::::.:~ .';:: ...."..>'.' .' .
o COMPREHENSIVE RIDER . "0 HOMEOWNERS' ASSN. '" CfCOASTAL CONSTRUCTION CONTROL LINE
o CONDOMINIUM . 0 "AS IS.. :. . ' '. :.. a.INSULATION
OVA/FHA 0 LEAD. BASED PAINT . ';.:. \ ...9
ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any lurther nabllity under.thls:G~rii';~9i(b may assign but nol be released Irom liability
,'-1_ ""__'___6. _w ru .-..... ......t ...."~I...... thl~ f"'....n.tro,..t . . .
DISCLOSURES:"
(a) Radon i~ a naturally occurring radloacUve gas that when accumulated In a building In sufficient quantities may present tlea[th risks to persons who ara exposed to It over time. Levels 01 radon
Ihat exceed federal and state guidelines have been IoLird In buildings In Aorida. Additionallnformallon -regarding Radon or Radon testing may be obtained from your County Public Health unll.
(b) Buyer aCknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure. .
(c) If the real property Includes pre-1978 residential hOllslng then a lead-based paint rider [s mandatorY: .
(d) If Seller [s a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
(e) If Buyer will be obligated to be a member 01 ii hOmElowners' association, BUYER SHOULD NOT EXEC!JTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
HOMEOWNERS' ASSOCIATION DISCLOSURE. '. . .
MAXIMUM REPAIR COSTS: Seller shall not be responsible lor payments in excess of:
(a) $ N/A lor treatment and repair under Standard 0 (If blank, then 2% 01 the Purchase price).
(b) $ N fA for repair and replacement under Standard N (II blank, then 3% 01 the Purchase Price).
XIV_ SPECiAL CLAUSES; ADDENDA: If additional terms are to be.provlded, attach' addendum and CHECK HERE IX .
xv. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through Wort the.reverse side Of attached are Incorporated ~~:a part 01 this Contract.
, ,f'
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICEQF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEf\1 APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opInIon that any of the telms and conditions in this Conlract should be accepted by Ihe parties In a particular transaction. Terms and conditions should
. be negotiated based upon the respective Interests, objectives and bargaInIng positions of all Interested persons. .
COPYRIGHT '1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION.OF REALTORS .
CITY OF WINI'ER SPRINGS
~~
(Date)
(Seller) LEWIS ~
Social Security or Tax 1.0. #
"(Date)
Social Security or Tax 1.0. #
. (Date)
(Buyer)
(Date)
(Seller).JliAtnTA D.BLUMBERG
.....Soclal SecUtl'Y'litTBirLO. #' ......,
- ._. ^__ __11._ __"'_~I t n. JI
~w...i.~i ...................j "'" .'~--" ,.~,
I~
-- ~~.." ,~i 'n~"I"~rl'I'" nTU"'R T4A~1 ~A!,:14 TH"'''' SIIBJE(':TTn CLFo.R"''''CE.
ADDENDUM - OPTION PROPERTY
THIS ADDENDUM is attached to that certain Contract For Sale and Purchase ("Contract")
of even date herewith in which LEWIS BLUMBERG and JUANITA D. BLUMBERG, his wife,
is "Seller", and the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation,
is "Buyer", as follows:
WHEREAS, the parties acknowledge and agree that Buyer proposes and desires to construct
a right-of-way on the Option Property in order to enhance the development of the Town Center; and
WHEREAS, Buyer's desire to construct the right-of-way requires Buyer to acquire certain
real property owned by Seller, more particularly described hereunder and referred to as the Option
Property; and
WHEREAS, the parties agree that the mutual covenants, agreements, and monies contained
herein constitute good and valuable consideration sufficient to support this Contract for Sale and
Purchase.
1. Recitals. The foregoing recitals are hereby deemed to be fully incorporated in this
Contract by reference.
2. Effective Date. Paragraph III of the Contract for Sale and Purchase is hereby
deleted. The effective date of this Agreement shall be the date the Buyer exercises its option to
purchase the Option Property in accordance with that certain Agreement to Acquire Property and
Easement between the Seller and Buyer.
3. Condition Precedent. Buyer's obligation to close under this Contract shall be subject
to the satisfaction of the following conditions precedent enumerated below. In the event anyone of
these conditions is not satisfied for any reason whatsoever, then this Contract shall terminate, and
Buyer and Seller shall be fully relieved from all further rights and responsibilities under this Contract.
A. Buyer exercising its option to acquire the Option Property in accordance with
that certain Agreement to Acquire Property and Easement between the Seller
and Buyer.
B. The complete execution of this Contract by Seller and Buyer and the approval
of this Contract by Buyer's City Commission at a public meeting.
C. No action, suit, proceeding, or official investigation shall have been
threatened, announced, or commenced by any person or federal, state or local
government authority or agency that seeks to enjoin, assess civil or criminal
penalties against, or obtain any judgment, order, or consent decree, with
respect to either party hereto, in connection with their respective
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representations and obligations under this Contract.
D. Buyer obtaining, at its sole costs and expense, all permits necessary to
construct the right-of-way on the Option Property, including, but not limited
to, ifrequired, permits from the City of Winter Springs, Seminole County, St.
Johns River Water Management District, United States Army Corps of
Engineers, and other governmental authorities having jurisdiction over the
proposed right-of-way.
4. Deposit and Purchase Price. In accordance with Paragraph II of the Contract for
Sale and Purchase, the Purchase Price shall be equal to Two and 30/1 00 Dollars ($2.30) per square
foot, which represents the appraised value of the Seller's Option Property on August 1,2000, per the
written appraisal prepared by Clayton, Roper & Marshall. The Deposit shall be ten percent (10%)
of the Purchase Price. The balance to close shall be the difference between the Purchase Price and
the Deposit.
5. Vacant Property. Because the Option Property is vacant land, clauses D and N
of the Standards for Real Estate Transactions printed on the Contract are deleted.
6. No Mort~age. Because Buyer will not be financing the purchase of this Option
Property by a purchase money mortgage, Clause B of the Standard for Real Estate Transactions
printed on the Contract is deleted.
7. Amendment to Standard Clause A. Clause A Evidence of Title of the Standard
for Real Estate Transactions printed on the Contract is hereby amended, in relevant part, as follows:
Buyer shall have 30 days from the date of receiving evidence of title
to examine it. If title is found defective, Buyer shall within 10 days
thereafter notify Seller in writing specifying the defect(s).
8. Inspection and Cooperation. Seller hereby grants to Buyer until the scheduled
Closing the right to inspect the Option Property and make a determination, in its sole and absolute
discretion, whether the Option Property is suitable for Buyer's purposes ("Inspection Period").
During the Inspection Period, Seller hereby grants to Buyer and its designees the right to inspect the
Option Property, at reasonable times and upon reasonable advance notice to Seller, in order to permit
Buyer to examine the Option Property and conduct such feasibility and physical examinations as
Buyer, at its sole discretion, deems necessary to determine the suitability of the Option Property for
Buyer's purposes. During the Inspection Period, Buyer may submit plans or discuss any matters
Buyer deems appropriate with governmental authorities and officials having jurisdiction over the
Option Property. The inspections by Buyer may include soil tests, environmental assessments,
wetlands review, determination of permits, status of zoning, review of development documents
pertaining to the Option Property, concurrency criteria and other matters Buyer may deem
appropriate. Buyer shall bear all costs and expenses associated with performing its inspection. Buyer
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shall restore the Option Property to substantially its original condition after the completion of any
tests performed on the Option Property. Buyer shall keep Seller informed during the course of the
Inspection Period of Buyer's progress and findings. Expiration of the Inspection Period shall
constitute actual notice by the Buyer that the Inspection Period has ended, the Option Property has
been accepted, subject to the warranties of Seller and other conditions provided by this Contract, and
the Buyer intends to proceed as herein provided. Buyer at any time during the Inspection Period shall
have the unconditional right to terminate this Contract, without penalty, for any reason or no reason
whatsoever by providing written notice of such termination to Seller, and Buyer shall be refunded its
entire deposit whereupon both parties shall be relieved of any further obligations hereunder.
9. Representations and Warranties of Seller. Seller hereby makes the following
representations, warranties and covenants, all of which shall continue after and survive the closing
of this transaction:
A. Seller now has or will have at the closing, good marketable fee simple title to
the Option Property, free and clear of all encumbrances, other than the
exceptions stated in section VII of this Contract, and no party except as herein
set forth has any rights in, or to acquire, the Option Property.
B. There are no suits, actions or proceedings (including any proposed zoning
changes or condemnation proceedings) pending or, to the Seller's knowledge,
threatened against Seller or affecting the Option Property.
C. Seller has received no written or oral notice of any claims, demands, litigation,
proceedings or governmental investigations pending or threatened against or
related to the Option Property, which claim, demand, litigation, proceeding
or governmental investigation could result in any judgment, order, decree or
settlement which would adversely affect the Option Property.
D. Seller has not received any uncured written or oral notice that the Option
Property is not in compliance with any federal, state or local statute,
ordinance, rule, regulation, requirement or code, including, without limitation,
building, fire, health, environmental and safety codes, relating and/or
applicable to the ownership, use and operation of the Option Property.
E. Seller has full right, power and authority to execute, deliver and perform this
Contract without obtaining any consents or approvals from, or the taking of
any other actions with respect to, any third parties. This Contract, when
executed by and delivered by Seller and Buyer, will constitute the valid and
binding agreement of Seller, enforceable against Seller in accordance with its
terms.
F. Neither the execution of this Contract nor the consummation of the
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transaction contemplated hereby will constitute a violation of or be conflict
with or constitute a default under any term or provision of any agreement,
lease or other obligation to which Seller is a party or by which Seller or the
Option Property is bound.
G. There are no leases, options, purchase agreements, tenancies or land contracts
affecting the Option Property or any part thereof.
H. To the best of the Sellers' knowledge, Seller represents that there does not
exist any hazardous substances, as hereinafter defined, at, on, under or about
the Option Property and that Sellers, to the best of Sellers' knowledge, have
complied with the Comprehensive Environmental Response, Compensation
and Liability Act, the Superfund Amendment and Reauthorization Act, the
resource Conservation Recovery Act, the Federal Water Pollution Control
Act, the Federal Environmental Pesticides Act, the Clean Water Act, the Clear
Air Act, the Florida Air and Water Pollution Control Act, Chapter 17 of the
Florida Administrative Code, any so-called Federal, State or Local
"Superfund" or "Superlien Statutes", or any other statute, law, ordinance,
code, rule, regulation, order or decree regulating, relating to or imposing
liability (including strict liability) or standards of conduct concerning any
hazardous substances (collectively the "Hazardous Substance Laws"). For
purpose of this Contract, the terms Hazardous Substances shall mean and
include those elements or compounds which are contained in the list of
Hazardous Substances adopted by the United States Environmental Protection
Agency and the list of toxic pollutants designated by Congress or the
Environmental Protection Agency or under any Hazardous Substance laws.
Hazardous Substances shall also include radon gas.
All of the representations and warranties made herein are true, correct and complete as of the
date hereof and all information supplied to or to be supplied by Seller or its agents, shall be
supplemented or corrected as necessary so as to be true, correct and complete in all material
respects at closing, as amended. If any representation and warranty set forth above is found
by Buyer not to be true on or before the closing date, or if Seller shall not have performed all
its covenants to be performed hereunder on or before said date, the closing date may, at
Buyer's sole option, be deferred and Seller shall be given five (5) days after notice by Buyer
to fulfill its obligation or comply with such warranty. In the event said obligation or warranty
cannot be performed or complied with within five (5) days after notice, this Contract shall,
at the Buyer's option thereupon be terminated and of no further force and effect, the escrow
agent shall thereupon return to the Buyer the funds and documents previously paid or
deposited by it, and Buyer shall have any and all remedies, as provided in this Contract. From
and after the Closing, Seller agrees to indemnify, defend and hold harmless the Buyer from
and against the full amount of all claims, liabilities, actions, suits, proceedings, assessments,
judgments, losses, damages, costs and expenses (including interest, penalties and reasonable
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attorneys' fees and disbursements) directly or indirectly arising out of, or resulting from the
misrepresentation of any of the representations or warranties of Seller made in or pursuant
to this Contract or in any exhibit or schedule hereto. Buyer will promptly notify Seller of any
claims, action or proceeding for which indemnification will be sought, including the amount
and nature of the claim, and the Seller will have the right, at her expense, to assume the
defense thereof. In connection with any such defense, the parties agree to cooperate with
each other and to provide each other with access to relevant books and records in their
possession. In connection with a claim made under this paragraph, interest shall accumulate
from the earlier of (i) the date at which such claim is resolved in favor of the Buyer by
agreement of the parties, or the final order of a court, or (ii) the date at which the Buyer
incurs an out-of-pocket expense in connection with such claim, at the legal rate. This
paragraph shall survive closing.
10. Waivers. No action taken pursuant to this Contract, including, without limitation,
any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party
taking such action of compliance with any representation, warranty, covenant or agreement contained
herein. The waiver by any party hereto of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach.
11. Amendment and Modification. This Contract may not be changed, waived,
discharged or terminated except with the written consent of the Buyer and Seller.
12. Notices. All notices, consents, requests, instructions, approvals and other
communications provided for herein shall be validly given in writing and delivered personally, or sent
by registered or certified mail, postage prepaid.
13. Headings: Entire Agreement: Governing Law. The headings contained in this
Contract are for reference purposes only and shall not affect in any way the meaning or interpretation
ofthis Contract. This Contract constitutes the entire agreement and supersedes all prior agreements
and understandings, both written and oral, among the parties with respect to the subject matter
hereof, and this Contract may be executed in separate counterparts, each of which shall be deemed
an original, and all of which shall constitute one and the same instrument. This Contract shall be
governed in all respects, including validity, interpretation and effect, by the laws of the State of
Florida.
14. Savings Clause. The invalidity or unenforceability of any particular provision of this
Contract shall not affect the other provisions, and this Contract shall be construed in all respects as
if such invalid or unenforceable provision were omitted.
15. Closing Date: Extension of Closing Date. The Closing Date shall be within ninety
(90) days after Buyer has exercised its option to acquire the Option Property. Buyer shall also have
the unilateral and absolute right to exercise one sixty (60) day extension of the Closing Date. Buyer
shall exercise the extension by providing at least three (3) days written notice to Seller. Any other
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extension shall be by mutual agreement of the parties.
16. Place of Closing. Closing shall be at Winter Springs City Hall, 1126 East State
Road 434, Winter Springs, FL 32708 or may be by U.S. Mail or the City Attorney's office at Buyer's
option.
17. Legal Description. The parties acknowledge that upon the execution of this
Contract the only available legal descriptions of the Option Property and is the depiction of the
Option Property on Exhibit" 1." Upon the effective date of this Contract, Buyer shall have the Option
Property surveyed or resurveyed by a surveyor duly licensed in Florida. The survey will be by a
metes and bounds description and said description shall be incorporated into this Contract as if
included herein at the effective date of this Contract. The survey and legal description shall be
approved by both parties prior to incorporation into the Contract. Said approval shall not be
unreasonably withheld by the parties.
18. Seller Not to Convey. Seller shall not convey any interest in the Option Property
after the signing of this Contract without the prior joinder or written consent of the Buyer.
19. Attorney's Fees. In the event of litigation arising out of or relating to this
Contract, the prevailing party shall be entitled to recover all its reasonable expenses, including
attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all
administrative, trial, post judgment, and appellate proceedings.
IN WITNESS WHEREOF, the parties hereto have executed this Contract and Addendum
on the date written below their signatures.
SELLER:
BUYER:
CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation:
By:
LEWIS BLUMBERG
PAUL PARTYKA
Mayor
JUANITA D. BLUMBERG
Date:
Date:
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. EXHIBIT "4"
Prepared by and return to:
Brown, Ward, Salzman & Weiss, P.A.
Altn: Anthony A. Garganese, Esquire
111 N. Orange Avenue, Suite 875
Orlando, Florida 32801
PUBLIC RECREATIONAL EASEMENT
This Grant of Public Recreational Easement is made this day of
2000, by LEWIS BLUMBERG and JUANITA D. BLUMBERG (hereinafter called "Grantor"),
in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation
("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Winter Springs, Seminole County, Florida; and
WHEREAS, Grantee is aggregating lands situated on and around Grantor's property for
purposes of creating a network of parks and roadways for the City of Winter Springs Town Center;
and
WHEREAS, this Easement is necessary to connect two public parks so that the public may
traverse between the two parks by way of the real property which is subject to this Easement; and
WHEREAS, Grantor desires to convey a public recreational easement over, under, and
across the real property which is subject to this Easement for purposes of allowing the public to use
said property for the purposes stated herein and under the terms and conditions of this Easement; and
WHEREAS, Grantor and Grantee believe that this public recreational easement is in the best
interests of the public health, safety, and welfare of the citizens of the City of Winter Springs and
Seminole County.
NOW, THEREFORE, in consideration of the enumerated public purposes stated herein, and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor
provides as follows:
1. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its
successors and assigns, on behalf of the public, a non-exclusive and perpetual public
recreational easement over, under, and across the real property described in Exhibit "A,"
which is attached hereto and fully incorporated herein by this reference ("Easement
Property"), of the nature and character and to the extent hereinafter set forth ("Easement").
The said grant of easement includes the public's right of ingress and egress to the Easement
Property.
2. Purpose of Easement. This public recreational easement is granted for the express
purpose of allowing the public to have non-exclusive and perpetual Lise of the Easement
Property for recreational purposes. It is the further express purpose to allow Grantee to
improve the Easement property to promote recreational activities on the Easement property
for the benefit of the public.
3. Rights of Grantee. To accomplish the public purpose stated above, the following rights
are conveyed to Grantee by this Easement for the benefit of the public and may, at the
Grantee's sole and absolute discretion and expense, be exercised at any time during the term
of this Easement:
a. To have the non-exclusive and perpetual use of the Easement Property for a broad
range of recreational purposes which are deemed appropriate by Grantee;
b. To prevent any activity on or use of the Easement Property that is inconsistent with
the purpose of this Easement, and to require the restoration of areas or features of
the Easement Property that may be damaged by an inconsistent activity or use;
c. To use this Easement for ingress and egress over, upon, and through the Easement
Property and to the parks and recreational spaces around the Easement Property;
d. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder or
prohibit Grantee's and the pubic's use of the Easement Property;
e. To maintain, inspect, replace, repair, improve the Easement Property consistent with
the recreational purposes set forth herein;
f. To maintain, inspect, improve, replace, or repair the landscaping on the Easement
Property; and
g. To install recreational equipment, materials and accessories thereto on the Easement
Property.
4. Temporary Rights of Grantor Until such time that Grantee completes construction of
a public boulevard across parcel 6 and 7 or Grantee completes construction of a right-of-way,
running north from State Road 434 to the Easement Property, Grantor shall personally have
the right to cross the easement by automobile or pedestrian means, for purposes of
ingress/egress between Grantor's remaining property located on either side of the Easement
Property. The automobile crossing shall be by the parties so that the crossing at a location
mutually agreed to causes the least interference to the public recreational purposes of this
Easement. Upon completion of the construction of the public boulevard and/or the right-of-
way, the aforementioned right shall automatically terminate and Grantor shall have the right
to use the Easement Property in common with other members of the public, provided Grantor
has the right to access their property on either side of the Easement Property by way of the
boulevard and/or aforementioned right-of-way.
5. Maintenance. Grantee shall bear the cost and responsibility to maintain the Easement
Property and any improvements made by Grantee therein in a safe condition.
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6. Public Use. Grantor agrees that the Easement Property and any improvements made and
equipment installed by Grantee thereon shall be dedicated for public use under the terms and
conditions of this Easement.
7. Duty Not to Overburden Easement. Grantor and Grantee agree that they,
individually and/or jointly, shall not surcharge or overburden the Easement and the use of the
Easement Property as provided hereunder.
8. Remedies For Default. The parties agree that, in the event of default, there may not
be an adequate remedy at law and, therefore, the aggrieved party shall be entitled to seek
injunctive relief, including a mandatory injunction.
9. Easements Run with the Land. This Easement shall remain a charge against the Easement
Property. Therefore, this Easement shall "run with the land" and be automatically assigned
by any deed or other conveyance conveying a portion of the Easement Property relating to
this Easement, even though the conveyance makes no reference to this Easement as such.
10. Attorney's Fees. In the event of any legal action arising under this Easement between the
parties, the parties agree that the prevailing party shall be entitled to attorneys fees, paralegal
fees, court costs and expenses, through all appellate proceedings.
11. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records
of Seminole County, Florida and may re-record it at any time as may be required to preserve
its rights in this Easement.
12. Successors. The covenants, terms, conditions, rights, and restrictions ofthis Easement shall
be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Easement Property.
13. Grantee's Right to Terminate. Grantee shall have the right to terminate this Easement by
written recorded notice of termination, at its sole and absolute discretion, if Grantee
determines there is no longer a public need for this Easement.
IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day
and year written below.
WITNESSES:
CITY OF WINTER SPRINGS
Print Name:
By: Paul P. Partyka, Mayor
Print Name:
3
ST ATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, by PAUL P. PARTYKA, as Mayor, on behalf of the City of Winter Springs, who is/is
not personally known to me, or has produced as identification.
NOTARY PUBLIC
Print Name:
LEWIS BLUMBERG
Print Name:
ST ATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, by LEWIS BLUMBERG, who is/is not personally known to me, or has produced
as identification.
NOTARY PUBLIC
Print Name:
JUANITA D. BLUMBERG
Print Name:
4
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, by JUANITA D. BLUMBERG, who is/is not personally known to me, or has produced
as identification.
NOTARY PUBLIC
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