HomeMy WebLinkAbout2001 11 26 Consent E Purchase and Sale Agreement
COMMISSION AGENDA
ITEM E
CONSENT X
INFORMATIONAL
PUBLIC HEARlNG
REGULAR
Authorizatl
November 26,2001
Meeting
MGR I~EP
REQUEST: Community Development Department Requesting Authorization for the City
Manager to Execute a Purchase and Sale Agreement for the Acquisition of
approximately 0.0471 acres from Laverne W. and June L. Kingsbury.
PURPOSE: The purpose of this Board item is to request Authorization for the City Manager to
Execute a Purchase and Sale Agreement for the Acquisition of approximately 0.0471
acres from Laverne W. and June L. Kingsbury for $9,200 funded from the
Transportation Impact Fee to be used as right of way fOf'the construction of Main
Street/Hickory Park Grove Boulevard.
This approval is needed to acquire the right of way needed for the construction of the
proposed improvements to Main Street and Hickory Park Grove Boulevard. The acquisition is
a corner clip at the intersection of those two roads. A sketch and description are attached to the
agreement.
The appraised value for this parcel is $9,200, which is same as the purchase price. A
copy of the appraisal is attached. The closing shall occur within 30 days of approval. The City
is obligated to relocate the Seller's driveway apron, entry gate, mailbox, and fence within 60
days of closing.
CONSIDERA TIONS:
FUNDING:
The funding needed for this acquisition is $9,200. The source of funds is the
Transportation Impact Fee fund.
Consent Agenda Item E
November 26,2001
Page 2
RECOMMENDATION:
It is recommended that the City Commission Authorize the City Manager to
Execute a Purchase and Sale Agreement for the Acquisition of approximately 0.0471
acres from Laverne W. and June L. Kingsbury for $9,200 funded from the
Transportation Impact Fee to be used as right of way for the construction of Main
Street/Hickory Park Grove Boulevard.
IMPLEMENTATION:
The City Attorney will be procuring title insurance and closing will occur within 30 days
of approval of the contract for execution.
ATTACHMENTS:
1. Purchase and Sale Agreement
2. Property Appraisal
COMMISSION ACTION:
ATTACHMENT 1
Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT
TillS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into by and
between CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East
State Road 434, Winter Springs, FL 32708, (hereinafter "Buyer"), and LAVERNE W. KINGSBURY and
JUNE L. KINGSBURY, husband and wife, whose address is 150 Tuskawilla Rd. Winter Spr~ngs. FL
(hereinafter "Seller").
WITNESSETH:
WHEREAS, Seller is the owner of real property (hereinafter "Property") situate and being in
Seminole County, Florida, and legally described as follows:
SEE EXHIBIT" A " ATTACHED HERETO
WHEREAS, Buyer desires to purchase the Property from Seller;
NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and
agreements herein contained, and in consideration of the sums to be deposited or paid as contemplated by
this Agreement, Seller agrees to sell and Buyer agrees to buy the Property upon the following terms and
conditions:
1. PROPERTY AND APPURTENANCES: The Property, as more particularly described
herein above, is vacant land with a fence, concrete apron, entry gate and mailbox on the Property. The
Property will be sold to Buyer by Seller and Buyer, at Buyer's expense, will relocate Seller's concrete apron,
entry gate and mailbox within 60 days of closing at a location designated by Seller. Within 60 days of
closing, Buyer will relocate the fence to the Seller's new property line resulting from this transaction. Buyer
acknowledges that animal remains may exist on the Property which Buyer may leave in place, remove or bury
at its discretion.
To the extent the same exist on the Effective Date and are transferable, the Property shall
be deemed to include all licenses, permits, orders, authorizations and other governmental permissions of all
governmental authorities havingjurisdiction thereof(whether federal, state or local) owned or held by Seller
which appertain or relate to the Property and which are transferrable or assignable.
2. PURCHASE PRICE AND METHOD OF PAYMENT: The purchase price of the
Property (hereinafter "Purchase Price") shall be NINE THOUSAND TWO HUNDRED AND 00/100
($9,200.00) Dollars. The Purchase Price shall be payable in cash, cashier's check, attorney's trust check
drawn on a reputable financial institution, or by wire transfer through the Federal Reserve System, at Closing
as hereinafter defined.
3. FEASIBILITY DETERMINATION: Buyer shall have thirty (30) days from the Effective
Date herein to determine the feasibility of Buyer's purchase of the Property. During the thirty (30) day
Feasibility Determination Period, Buyer may undertake, at Buyer's expense, such physical inspections, tests
and other investigations as may be deemed necessary by the Buyer in order for Buyer to evaluate the
feasibility of the Buyer's purchase of the Property. For purposes of undertaking physical inspections, tests
or investigations of the Property, Seller hercby grants to Buycr, their agcnts, and professionals engaged by
Buyer, the right to cnter upon the Property and any part thereofduring the feasibility Determination Period.
Page I
Said right of entry is conditioned upon (a) the Buyer giving Seller reasonable notice, (b) such entry being
during normal business hours, and (c) such presence shall not disrupt normal business operations. The
presence on the Property of such personnel shall on Iy be for the purpose of conducting such inspections, tests
or investigations, and no other personal activity shall be permitted. Any alterations or changes to the
Property that are a direct result of the inspecting, testing and investigations will be repaired and replaced by
Buyer if a closing does not occur. To the extent permitted by law, Buyer shall indemnify Seller against any
loss or damages to the Property arising out, of or in connection with, any inspection, testing or investigation
performed by Buyer on the Property. The Buyer's indemnification of the Seller will not include any loss or
damage due to pre-existing conditions, problems or deficiencies of the Property that are discovered through
the inspection, testing and investigation authorized herein. The decision as to whether it is feasible to
purchase the Property shall be at the sole discretion of the Buyer. If the Buyer determines that it is not
feasible to purchase the Property, then Buyer may terminate this Agreement without penalty. This provision
shall not affect any other rights of the Buyer under this Agreement including, but not limited to the right to
inspect the title of the Property.
4. TITLE EVIDENCE: Within five (5) days after the Effective Date, as hereinafter defined,
Buyer shall, at Buyer's expense, obtain a Title Insurance Commitment (hereinafter "Commitme(lt") issued
by a company (hereinafter "Company") reasonably acceptable to Buyer and/or Buyer's Counsel, with the fee
owner's title insurance policy premium to be paid by Buyer. The Commitment shall commit the Company
to issue to Buyer, upon recording of the deed conveying title to the Property to Buyer, a fee owner's policy
oftitIe insurance, (AL T A Owner's Policy 10-17-92, Florida Modified), in the amount of the Purchase Price
of the Property, subject only to those exceptions reasonably acceptable to Buyer's Counsel and the so called
standard exceptions contained in the standard AL T A Form of owner's title insurance commitment. The
Commitment shall provide that the applicable standard exceptions will be deleted by the Company upon the
furnishing of an ownership and I ien affidavit in form required by Company (and Seller agrees to furnish such
Affidavit as part of the Closing). Buyer shall have five (5) days from the date of their receipt of the
Commitment to examine the same and to notify Seller in writing specifying any defects or reasonable
objections to Seller's title. Seller shall have twenty (20) days to remove such defects or reasonable
objections, but without obligation to bring suits therefor, and if Seller is unsuccessful in removing same by
Closing, Buyer shall have only the options of (a) waiving such defects or reasonable objections and accepting
title as is, or (b) terminating this Agreement and obtaining a refund of the Deposit (together with any interest
earned thereon).
Seller agrees that it will, if title defects or objections are raised by Buyer, use diligent and
best efforts to correct such defects or objections to title within the time period provided therefor.
5. RESTRICTIONS. EASEMENTS. AND LIMITATIONS. The Buyer shall take title
subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority,
restrictions and matters appearing on the plat or otherwise common to the subdivision, public utility
easements of record, taxes for subsequent years; provided none of the same prevent use of the Property for
Buyer's governmental purposes.
6. SURVEY: Buyer, at Buyer's expense, within the Feasibility Determination Period, may
have the Property surveyed and certified by a registered Florida surveyor. If survey shows encroachment
on the Property or that improvements located on the Property encroach on set back lines, easements, lands
of others or violate any restrictions, covenants or applicable government regulation, the same shall constitute
a title defect, and shall be handled in accordance with Paragraph 4 of this Agreement.
Page 2
7. SELLER REPRESENTATIONS: Seller hereby represents to Buyer to the best of their
knowledge and belief as follows:
(a) That Seller has good, marketable, and indefeasible title to, and is in possession of, the
Property, free and clear of all liens, security interests and encumbrances, excluding only those (i)
which will be satisfied and released at Closing, (ii) to which the Buyer's title shall be subject as
otherwise provided in this Agreement, (iii) liens for taxes not yet due and payable, and (iv)
statutory liens not yet delinquent.
(b) That there are no facts known to Seller materially affecting the value ofthe Property
which are not readily observable by Buyer or which have not been disclosed to Buyer.
(c) That there is no condemnation, eminent domain, zoning or other land use proceeding
instituted, or to the best of Seller's knowledge, planned to be instituted, that could detrimentally
affect the Property, any part thereof or the use thereof.
(d) That there is ingress and egress to the Property sufficient for its current use.
(e) That there is no litigation or proceeding pending or threatened against or relating to the
Property arising by, through or under Seller, and Seller does not know or have reasonable grounds
to know of any basis for such action, nor are there any special assessments of any nature with respect
to the Property or any portion thereof, nor has Seller received any notice of any special assessment
being contemplated.
(f) That Seller has full power and authority to enter into and perfonn this Agreement in
accordance with its terms, and the completion of this transaction will not violate any law, regulation
or agreement affecting Seller.
(g) That there are no: (i) pending litigation or disputes involving the location of the
boundaries of any part of the Property; and/or (ii) physical interruptions or obstructions to physical
access to any part of the Property.
(h) That there are no hazardous materials located on the Property, as the term "hazardous
materials" is defined by federal and state law. This paragraph shall survive closing.
8.
Closing.
POSSESSION: Seller shall deliver possession of the Property to Buyer at the time of
9.
CLOSING:
(a) Closing Date: The closing of this Agreement, and the transfer of title and possession
of the Property, shall occur within thirty (30) days of the Effective Date (hereinafter "Closing Date")
unless otherwise extended by the terms herein. Closing shall be held in the county where the
Property is located at the office of the attorney or other closing agent designated by Buyer.
(b) Conveyance: Seller shall convey to Buyer marketable title to the Property by Statutory
Warranty Deed; title to the tangible personal property by Bill of Sale; and transfer of licenses,
permits, orders, authorizations and other governmental permissions by Assignment.
Page 3
( c) Documents For Closing: Buyer shall furnish the Closing Documents including, but not
limited to, the Deed, Bill of Sale, Assignments, Ownership and Lien Affidavit, Certificate of Non-
Foreign Status, satisfaction and release of liens or mortgages, and Closing Statement.
(d) Allocation of Expenses: Buyer shall be responsible for all closing costs unless except
as otherwise provided for in the Agreement.
(e) No Prorations: Real property taxes, special assessments and ad valorem taxes for the
year of closing and for prior years shall be paid by Seller. This paragraph shall survive closing.
(t) FIRPT A Acknowledgment: At Closing, the Seller shall execute and deliver to Buyer
two (2) original counterparts of the Certification of Non-Foreign Status in form reasonably
satisfactory to Buyer. In the event (a) Seller does not so execute and deliver to Buyer such
Certification of Non-Foreign Status, or (b) such Certification of Non-Foreign Status in not fully and
properly completed and executed as of the Closing Date, or (c) Buyer is not entitled to rely upon
such Certification, then, in any of such events, Buyer shall withhold ten percent.(10%) of the
Purchase Price and pay the withheld amount to the Internal Revenue Service pursuant to Internal
Revenue Code Section 1445. Any amount thus withheld by Buyers shall be deemed to have been
paid by Buyer in cash at Closing as part of Buyer's obligation to pay the Purchase Price hereunder.
(g) Ownership and Lien Affidavit: Seller shall furnish to Buyer at the time of closing an
affidavit attesting to the absence, unless otherwise provided for herein, of any Notices to Owner or
Claims of Lien of potential lienors known to Seller and further attesting to the unquestioned
ownership by Seller of the Property and further attesting that there have been no improvements to
the Property for 90 days immediately preceding the Closing Date for which payment has not been
made in full, or for which payment has not been secured or provided for, all in form acceptable to
Buyer and Company. If Property has been improved or repaired within 90 days immediately
preceding the Closing Date, Seller shall deliver releases or waivers of construction liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien
affidavit setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could serve
as a basis for a construction lien or a claim for damages have been paid or will be paid at closing of
this Agreement.
(h) Proceeds of Sale and Closing Procedure: Upon clearance of funds, the deed of
conveyance and other closing documents (hereinafter "Closing Documents"), each duly executed,
shall be delivered to the Company or authorized agent of Company. Following examination by the
Company or its agent of the public records of Seminole County, Florida, from the effective date of
the Commitment up to Closing Date (hereinafter "Gap Period") and delivery to Buyer of the
Commitment marked in order to show compliance with all conditions of Closing and marked to
insure the Gap Period, the net sales proceeds shall be promptly disbursed to Seller by Company or
the authorized agent of Company.
(i) Further Acts, etc.: At the closing and at all times thereafter, Seller and Buyer agree to
execute and deliver such other and further instruments and to take such further actions as either of
them or their counsel may reasonably request of the other in order to fully implement the terms of
this Agreement and the closing thereof. This paragraph shall survive closing.
Page 4
10. DEFAULTS:
(a) Notice of Default: No default as to any provision of this Agreement shall be claimed
or charged by either party hereto against the other until notice thereof has been given to the
defaulting party in writing, and such default remains uncured for a period of five (5) days after the
defaulting party's receipt of such notice. Notwithstanding the above, the Closing Date shall not be
changed, delayed, postponed or extended by this requirement for notice of default.
(b) Default bv Buyer: If Buyer defaults on its obligations to purchase under this
Agreement, without fault on the part of the Seller, Seller may terminate this Agreement in full and
final settlement of all claims Seller may have against Buyer for breech of this Agreement or
alternatively, Seller may seek specific perforn1ance.
(c) Default bv Seller: If Seller defaults on its obligations to purchase under this
Agreement, without fault on the part of the Buyer, Buyer may terminate this Agreement in full and
final settlement of all claims Buyer may have against Seller for breech of this Agreement or
alternatively, Buyer may seek specific performance.
II. BROKER'S COMMISSION: Each party hereto represents and warrants unto the other
party hereto that there are no brokers, real estate sales persons or agent involved with respect to the
transaction contemplated herein and that there are no fees, or commissions due as a result of their respective
execution of this Agreement or which will be due as a result of the closing as contemplated hereby by virtue
of their respective acts, inactions, conduct or otherwise. Each party hereto does hereby agree to indemnify
and hold the other harmless from any breach of their respective representations and warranties as set forth
in this Paragraph. The provisions of this Paragraph shall survive the Closing.
12. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and
cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this Contract
with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation
of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with
either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this
Contract and receiving return of the deposit(s).
13. TIME OF THE ESSENCE: Time, and timely performance, is of the essence of this
Agreement and of the covenants and provisions hereunder.
14. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays,
Sundays and state or national legal holidays, and any time period provided for herein which shall end on
Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day.
IS. EFFECTIVE DATE AND TIME FOR ACCEPTANCE: The date of this Agreement
("Effective Date") shall be that date upon which the last one of the Buyer and Seller has signed this
Agreement.
] 6. ASSIGNMENT: This Agreement may not be assigned except upon the prior written
consent of Seller.
l'ag<: 5
17. MISCELLANEOUS:
(a) Radon Gas: Pursuant to Fla. Stat. Sec. 404.056(8), Radon is a naturally occurring
radioactive gas that when it has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in building in Florida.
(b) Binding Effect: Successors and Assigns: This Agreement shall be binding upon
and inure to the benefit of Seller, Buyer and their permitted successors and assigns, if any.
(c) Captions: The captions for each paragraph or sub-paragraph ofthis Agreement are
for convenience and reference only and in no way define, describe, extend, or limit the scope or
intent of this Agreement, or the intent of any provision hereof.
(d) Severability: Ifany provision of this Agreement, the deletion of which would not
materially adversely affect the material benefits receivable by any party hereunder OF substantially
increase the burden of any party hereto, shall be held to be invalid or unenforceable to allY extent,
the same shall not affect in any respect whatsoever the validity or enforceability of the remainder
of this Agreement.
(e) Execution of Documents: Each party hereto covenants and agrees that they will at
any time and from time to time do such acts and execute, acknowledge and deliver such documents,
including corrective instruments, reasonably requested by the Buyer, the parties hereto, or their
counsel, necessary to carry out fully and effectuate the purchase and sale herein contemplated and
to convey good, marketable and insurable title to the Property and all parts thereof.
(f) Counterparts: This Agreement may be executed in two or more counterparts, each
of which shall be, and shall be taken to be, an original, and all collectively deemed one instrument.
(g) Facsimile: Telephonically transmitted facsimile copies of this Agreement, and any
signatures thereon, shall be considered for all purposes as originals.
(h) Litigation and Attorney's Fees: In the event it shall be necessary for either Party
to this Agreement to bring suit to enforce any provision hereof (before or after Closing) or for
damages on account of any breach of this Agreement, the prevailing party shall be entitled to recover
from the other, in addition to any damages or other relief granted as a result of such litigation, all
costs and expenses of such litigation and reasonable attorney's fees (including attorney's fees and
costs of appeals) as fixed by a court of competent jurisdiction.
(i) Entire Agreement; Amendments: This Agreement contains the entire and sole
understanding between the parties hereto relative to the purchase and sale of the Property and it may
only be amended or modified by an agreement in writing executed by Buyer and Seller with the same
formalities as this Agreement.
U) Notices: All notices and correspondence shall be sent or delivered by registered
or certified mail to the parties hereto, return receipt requested, with copies forwarded to their
respective attorneys, at the addresses set forth below or at such other addresses as the parties hereto
shall designate to each other in writing:
Page 6
(i) if to Seller, to:
Laverne W. Kingsbury and June L. Kingsbury
150 Tuskawilla Road
Winter Springs, FL JZ/Utl
Phone: 407-J.2L-1916
Fax: 407-
(ii) if to Buyer, to:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Phone: 407-327-5957
Fax: 407-327-6686
with copies to:
Anthony A. Garganese, Esq., City Attorney
Brown, Ward, Salzman & Weiss, P.A.
POBox 2873
Orlando, FL 32802-2873
Phone: 407-425-9566
Fax: 407-425-9596
Any notice or demand so given, delivered or made by United States Mail shall be deemed so given,
delivered or made three (3) days after the same is deposited in the United State mail registered or
certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any
such notice, demand or document not given, delivered or made by registered or certified mail as
aforesaid shall be deemed to be given, delivered or made upon receipt of the same by the party to
whom the same is to be given, delivered or made.
(k) Interpretation: This Agreement has been submitted to the scrutiny of each party
hereto and each party has had opportunity to have it reviewed by legal counsel. This Agreement
shall be given fair and reasonable interpretation in accordance with the words used herein without
consideration or weight being given to its having been drafted by either party hereto or their
respective counsel.
(I) Applicable Law: This Agreement is to be construed according to the laws of the
State of Florida.
(m) Non-Waiver: No covenant, term, or condition, (or the breach thereof), shall be
deemed waived, except by written consent of the party against whom the waiver is claimed. A
waiver of any covenant, term, or cond ition (or breach thereof) shall not be deemed to be a waiver
of any other covenant, term or condition (or breach thereof).
(n) Terminology: Whenever used herein, the terms "Buyer" and "Seller" shall be
construed in the singular or plural as the context may require or admit and shall be further construed
to include the agents of the Buyer and Seller.
(0) No Recording: Neither this Agreement, nor any notice of it, shall be recorded in
any public records.
I'ag~ 7
(p) Typewritten or Handwritten Provisions: Typewritten or handwritten provisions,
either as additional terms and conditions or alterations to existing terms and conditions, shall control
all printed provisions in conflict with them.
18. Condition Precedent. Approval of this Agreement by the City Commission of Winter Springs
shall be a condition precedent to the parties obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused th is contract to be executed on the dates
accompanied by their respective executions.
CITY OF WINTER SPRINGS, a Florida
municipal corporation, BUYER
LA VERNE W. KINGSBURY, SELLER
Date:
By:
Ronald W. McLemore
City Manager
Date:
JUNE L. KINGSBURY, SELLER
Date:
Page S
PARCEL 8
(KINGSBURY ACQUISI770N)
DESCPIP nON;
That part of the Unnumbered Lot in elock -e", O.R. MITCHELL '5 SURllfY OF THE LEVY
GRANT ON LAKE JESSUP os recorded in Plot Book /. Page 5 of the PUblic Records of Seminole
CVCJnty. non'do. more particularly described os follows;
Commence at the Southeast comer of Lot JO Block -B", O.R. MITCHELL'S SURVfY OF THE
lEVY C-RAN r ON lAKE JESSUP said poin I being the intersection of the West Righ t of Way line
of Tuscawi/la Rood (formerly Brantley Avenue) and the North Right of Way line of First Street (0
30 foot unopened Right of Way); thence run S .30'04'55- W a distance of 30.6/ feet to the
'Intersection of the West Right of Way line of Tuscowillo Road and the South Righi of Way line of
Firs I Street: said interseclion being the Po/NT OF eEGlNNlNG; Ihence continue S JOV4'55"
W along the West Rignt of Way line of Tuscowilla Rood 0 distance of 80,89 feet to the point of cusp
of a curve conca~ Northwesteny having 0 radius of 15.00. feet and 0 chord bearing of N
/1"54 'J4" E; thence run Northea3terly along Ihe ore of ~id curve through a cen trof angle of
J670'4J" for on arc distance of 9.52 feet to a point. of tongMlcy. thence N 0615'47" W 0
distance of 59.58 feet to the point of curvature of a curve concalf'8 Soutf!westerly having a radius of
15.00 feet 0 chord bearing of N JJ79"40" W: thence run Northwesterly along the arc of said
cUrYe through 0 central angle of 5477'44" for an ore distance of 14.26 feet, to a point of
tangency. thence N 60'4]'32" W a distance of 40.4/ feet to tne South Right of Way line of t/1e
,J;orerrentioned First Street: thence 5 7r"24'05" [ along SOld SaLt!? Right of Wcy iine 'or Q
distance .;f 92.7d feet. to t!'le Point at" Beginning.
Contoln/(1.] O.C1-ll! :"Jcres more or less.
TOOI'; 90- B
.
-.
EXHIBIT "A"
- DESCRIPTION OF REAL PROPERTY
PAGE ONE OF TWO
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BOUNDARY SURVEY
ATTACHMENT 2
Property Appraisal
2
EXECUTIVE SUMMARY
Proiect Identification
Magnolia Square Project within Winter Springs Town Center
Parcel Identification
Kingsbury Acquisition Parcel
Appraisers
John A. Robinson, MAl, CCIM and Heather R. Lodge
Dates
Date of Value
Date Of Report
August 15,2000
August 25,2000
Interest Appraised
Fee Simple
Parcel Size
Acquisition Parcel: 0.0471 acre (per survey). The parent tract for
valuation purposes was estimated to be 16.759 acres.
Ownership Historv
The 16.759-acre Kingsbury parent tract is owned by Laveme W. and June
L. Kingsbury with no sales on the property within the past three years;
however, the site (less an approximately I-acre homestead) is presently
under contract for $4.50 per square foot.
Parcel Access
The subject acquisition parcel presently has limited visibility and
accessibility from Tuskawilla Road, with approximately 80.89' of
frontage on this road. The parent tract is visible and accessible from
Tuskawilla Road and S.R. 434 with frontage on the west and north sides,
respectively, of these roads.
Zoning/Land Use
Town Center District, city of Winter Springs
Assessed Value
Parent tract (two tax parcels):
Property Tax ID # Land Bldg. Extra Total Millage Taxes
Impr. Features Assessed Rate
Value
203 0-26-5AR -0 BOO-OOUO $180,510 - - $180,510 18.6884 $3,373.45
2030-26-5A R-O BOO-00U3 $11,000 $70,191 $5,432 $86,623 18.6884 $\ ,051.0 1
The Kingsbury parent tract (which contains 17.41 gross acres per the tax
roll) is assessed and taxed by Seminole County and is identified above.
The Kingsbury property has a total 2000 assessed value 0[$267,133.
1Jropertlj Vall/at/on
,(.
COllsl/ltlnq.lnc.
Utilities
Flood Zone Information
Mineral Rights
Easements
Other Encumbrances
Highest & Best Use
Present Use
Opinion of Value
"l
.)
Water
Sewer
Electricity
Telephone
Gas
Cable
City of Winter Springs
City of Winter Springs
Florida Power Corporation
Sprint
Florida Public Utilities
Time Warner Communications
According to the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map, Community Panel No. 12117C 0135E, dated April
17, 1995, the parent tract of the Kingsbury property and the acquisition
parcel are located within Zone "X" which is an area of minimal flooding.
None known
There are no known easements on the subject acquisition parcel
None known
Kingsbury parcels (parent tract): Mixed use (commercial and residential)
development
Kingsbury Parent Tract: vacant land with interim cattle grazing and single
family residential use
Summary of Total Compensation
Part Taken (land)
Part Taken (improvements)
Damages, Incurable
Cost to Cure, Net or Minor
Total Compensation
$9,200
$0
$0
$1.500
$10,700
Special Assumptions or
Limiting Conditions
Under Which Value(s)
Are Based:
Unit Values
Sales Data
None
$4.50 per square foot, or approximately $196,000 per acre
The comparable sales indicated a unit value between $4.02 and $4.62 per
net square foot, before adjustments. After applicablc adjustments, the
comparable sales indicated a unit value betwecn $4.42 and $5.05 per
square foot.
'Propertv Valuat/on
L(
Consult/nq. Inc.
MEMORANDUM
TO:
Anthony G~rgan e, City Attorney
Charles C. a ngton, Community Development Director
November ,2001
FROM:
DATE:
RE:
Kingbury Purchase & Sales Agreement
Enclosed is the fully executed original contract for the Kingsbury 0.6471 acre tract.
Please order and obtain a title insurance commitment. We have used First American
Ti tle in the past. Contact Jim Dyer (407) 740-7131.
cc: Ronald McLemore, City Manager
Kip Lockcuff, Public WorkslUtility Director
. .
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into by and
between CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East
State Road 434, Winter Springs, FL 32708, (hereinafter "Buyer"), and LA VERNE W. KINGSBURY and
JUNE L. KINGSBURY, husband and wife, whose address is 150 Tuskawilla Rd. Win ter Spr~ngs, FL
(hereinafter "Seller").
WITNESSETH:
WHEREAS, Seller is the owner of real property (hereinafter "Property") situate and being in
Seminole County, Florida, and legally described as follows:
SEE EXHIBIT" A " ATTACHED HERETO
WHEREAS, Buyer desires to purchase the Property from Seller;
NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties and
agreements herein contained, and in consideration of the sums to be deposited or paid as contemplated by
this Agreement, Seller agrees to sell and Buyer agrees to buy the Property upon the following terms and
conditions:
1. PROPERTY AND APPURTENANCES: The Property, as more particularly described
herein above, is vacant land with a fence, concrete apron, entry gate and mailbox on the Property. The
Property will be sold to Buyer by Seller and Buyer, at Buyer's expense, will relocate Seller's concrete apron,
entry gate and mailbox within 60 days of closing at a location designated by Seller. Within 60 days of
closing, Buyer will relocate the fence to the Seller's new property line resulting from this transaction. Buyer
acknowledges that animal remains may exist on the Property which Buyer may leave in place, remove or bury
at its discretion.
To the extent the same exist on the Effective Date and are transferable, the Property shall
be deemed to include all licenses, permits, orders, authorizations and other governmental permissions of all
governmental authorities havingjurisdiction thereof(whether federal, state or local) owned or held by Seller
which appertain or relate to the Property and which are transferrable or assignable.
2. PURCHASE PRICE AND METHOD OF PAYMENT: The purchase price of the
Property (hereinafter "Purchase Price") shall be NINE THOUSAND TWO HUNDRED AND 00/100
($9,200.00) Dollars. The Purchase Price shall be payable in cash, cashier's check, attorney's trust check
drawn on a reputable financial institution, or by wire transfer through the Federal Reserve System, at Closing
as hereinafter defined.
3. FEASIBILITY DETERMINATION: Buyer shall have thirty (30) days from the Effective
Date herein to determine the feasibility of Buyer's purchase of the Property. During the thirty (30) day
Feasibility Determination Period, Buyer may undertake, at Buyer's expense, such physical inspections, tests
and other investigations as may be deemed necessary by the Buyer in order for Buyer to evaluate the
feasibility of the Buyer's purchase of the Property. For purposes of undertaking physical inspections, tests
or investigations of the Property, Seller hereby grants to Buyer, their agents, and professionals engaged by
l3uyer, the right to enter upon the Property and any part thereof during the Feasibility Determination Period.
Page I
Said right of entry is conditioned upon (a) the Buyer giving Seller reasonable notice, (b) such entry being
during normal business hours, and (c) such presence shall not disrupt normal business operations. The
presence on the Property of such personnel shall only be for the purpose of conducting such inspections, tests
or investigations, and no other personal activity shall be permitted. Any alterations or changes to the
Property that are a direct result of the inspecting, testing and investigations will be repaired and replaced by
Buyer if a closing does not occur. To the extent permitted by law, Buyer shall indemnify Seller against any
loss or damages to the Property arising out, of or in connection with, any inspection, testing or investigation
performed by Buyer on the Property. The Buyer's indemnification of the Seller will not include any loss or
damage due to pre-existing conditions, problems or deficiencies of the Property that are discovered through
the inspection, testing and investigation authorized herein. The decision as to whether it is feasible to
purchase the Property shall be at the sole discretion of the Buyer. If the Buyer determines that it is not
feasible to purchase the Property, then Buyer may terminate this Agreement without penalty. This provision
. shall not affect any other rights of the Buyer under this Agreement including, but not limited to the right to
inspect the title of the Property.
4. TITLE EVIDENCE: Within five (5) days after the Effective Date, as hereinafter defined,
Buyer shall, at Buyer's expense, obtain a Title Insurance Commitment (hereinafter "Commitment") issued
by a company (hereinafter "Company") reasonably acceptable to Buyer and/or Buyer's Counsel, with the fee
owner's title insurance policy premium to be paid by Buyer. The Commitment shall commit the Company
to issue to Buyer, upon recording of the deed conveying title to the Property to Buyer, a fee owner's policy
of title insurance, (AL T A Owner's Policy 10-17-92, Florida Modified), in the amount of the Purchase Price
of the Property, subject only to those exceptions reasonably acceptable to Buyer's Counsel and the so called
standard exceptions contained in the standard AL T A Form of owner's title insurance commitment. The
Commitment shall provide that the applicable standard exceptions will be deleted by the Company upon the
furnishing of an ownership and lien affidavit in form required by Company (and Seller agrees to furnish such
Affidavit as part of the Closing). Buyer shall have five (5) days from the date of their receipt of the
Commitment to examine the same and to notify Seller in writing specifying any defects or reasonable
objections to Seller's title. Seller shall have twenty (20) days to remove such defects or reasonable
objections, but without obligation to bring suits therefor, and if Seller is unsuccessful in removing same by
Closing, Buyer shall have only the options of (a) waiving such defects or reasonable objections and accepting
title as is, or (b) terminating this Agreement and obtaining a refund of the Deposit (together with any interest
earned thereon).
Seller agrees that it will, if title defects or objections are raised by Buyer, use diligent and
best efforts to correct such defects or objections to title within the time period provided therefor.
5. RESTRICTIONS. EASEMENTS. AND LIMITATIONS. The Buyer shall take title
subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority,
restrictions and matters appearing on the plat or otherwise common to the subdivision, public utility
easements of record, taxes for subsequent years; provided none of the same prevent use of the Property for
Buyer's governmental purposes.
6. SURVEY: Buyer, at Buyer's expense, within the Feasibility Determination Period, may
have the Property surveyed and certified by a registered Florida surveyor. If survey shows encroachment
on the Property or that improvements located on the Property encroach on set back lines, easements, lands
of others or violate any restrictions, covenants or applicable government regulation, the same shall constitute
a title defect, and shall be handled in accordance with Paragraph 4 of this Agreement.
1'.1gC 2
7. SELLER REPRESENT A nONS: Seller hereby represents to Buyer to the best of their
knowledge and belief as follows:
(a) That Seller has good, marketable, and indefeasible title to, and is in possession of, the
Property, free and clear of all liens, security interests and encumbrances, excluding only those (i)
which will be satisfied and released at Closing, (ii) to which the Buyer's title shall be subject as
otherwise provided in this Agreement, (iii) liens for taxes not yet due and payable, and (iv)
statutory liens not yet delinquent.
(b) That there are no facts known to Seller materially affecting the value of the Property
which are not readily observable by Buyer or which have not been disclosed to Buyer.
(c) That there is no condemnation, eminent domain, zoning or other land use proceeding
instituted, or to the best of Seller's knowledge, planned to be instituted, that could detrimentally
affect the Property, any part thereof or the use thereof.
(d) That there is ingress and egress to the Property sufficient for its current use.
(e) That there is no litigation or proceeding pending or threatened against or relating to the
Property arising by, through or under Seller, and Seller does not know or have reasonable grounds
to know of any basis for such action, nor are there any special assessments of any nature with respect
to the Property or any portion thereof, nor has Seller received any notice of any special assessment
being contemplated.
(f) That Seller has full power and authority to enter into and perfonn this Agreement in
accordance with its tenns, and the completion of this transaction will not violate any law, regulation
. or agreement affecting Seller.
(g) That there are no: (i) pending litigation or disputes involving the location of the
boundaries of any part of the Property; and/or (ii) physical interruptions or obstructions to physical
access to any part of the Property.
(h) That there are no hazardous materials located on the Property, as the tenn "hazardous
materials" is defined by federal and state law. This paragraph shall survive closing.
8.
Closing.
POSSESSION: Seller shall deliver possession of the Property to Buyer at the time of
9.
CLOSING:
(a) Closing Date: The closing of this Agreement, and the transfer of title and possession
of the Property, shall occur within thirty (30) days of the Effective Date (hereinafter "Closing Date")
unless otherwise extended by the terms herein. Closing shall be held in the county where the
Property is located at the office of the attorney or other closing agent designated by Buyer.
(b) Conveyance: Seller shall convey to Buyer marketable title to the Property by Statutory
Warranty Deed; title to the tangible personal property by Bill of Sale; and transfer of licenses,
permits, orders, authorizations and other governmental permissions by Assignmellt.
I'ag~ J
(c) Documents For Closing: Buyer shall furnish the Closing Documents including, but not
limited to, the Deed, Bill of Sale, Assignments, Ownership and Lien Affidavit, Certificate of Non-
Foreign Status, satisfaction and release of liens or mortgages, and Closing Statement.
(d) Allocation of Expenses: Buyer shall be responsible for all closing costs unless except
as otherwise provided for in the Agreement.
(e) No Prorations: Real property taxes, special assessments and ad valorem taxes for the
year of closing and for prior years shall be paid by Seller. This paragraph shall survive closing.
(f) FIRPT A Acknowledgment: At Closing, the Seller shall execute and deliver to Buyer
two (2) original counterparts of the Certification of Non-Foreign Status in fonn reasonably
satisfactory to Buyer. In the event (a) Seller does not so execute and deliver to Buyer such
Certification of Non-Foreign Status, or (b) such Certification of Non-Foreign Status in not fully and
properly completed and executed as of the Closing Date, or (c) Buyer is not entitled to rely upon
such Certification, then, in any of such events, Buyer shall withhold ten percent (10%) of the
Purchase Price and pay the withheld amount to the Internal Revenue Service pursuant to Internal
Revenue Code Section 1445. Any amount thus withheld by Buyers shall be deemed to have been
paid by Buyer in cash at Closing as part of Buyer's obligation to pay the Purchase Price hereunder.
(g) Ownership and Lien Affidavit: Seller shall furnish to Buyer at the time of closing an
affidavit attesting to the absence, unless otherwise provided for herein, of any Notices to Owner or
Claims of Lien of potential lienors known to Seller and further attesting to the unquestioned
ownership by Seller of the Property and further attesting that there have been no improvements to
the Property for 90 days immediately preceding the Closing Date for which payment has not been
made in full, or for which payment has not been secured or provided for, all in fonn acceptable to
Buyer and Company. If Property has been improved or repaired within 90 days immediately
preceding the Closing Date, Seller shall deliver releases or waivers of construction liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien
affidavit setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affinning that all charges for improvements or repairs which could serve
as a basis for a construction lien or a claim for damages have been paid or will be paid at closing of
this Agreement.
(h) Proceeds of Sale and Closing Procedure: Upon clearance of funds, the deed of
conveyance and other closing documents (hereinafter "Closing Documents"), each duly executed,
shall be delivered to the Company or authorized agent of Company. Following examination by the
Company or its agent of the public records of Seminole County, Florida, from the effective date of
the Commitment up to Closing Date (hereinafter "Gap Period") and delivery to Buyer of the
Commitment marked in order to show compliance with all conditions of Closing and marked to
insure the Gap Period, the net sales proceeds shall be promptly disbursed to Seller by Company or
the authorized agent of Company.
(i) Further Acts. etc.: At the closing and at all times thereafter, Seller and Buyer agree to
execute and deliver such other and further instruments and to take such further actions as either of
them or their counsel may reasonably request of the other in order to fully implement the tenns of
this Agrcemcnt and the closing thereof. This paragraph shall survive closing.
I'''gc 4
10. DEFAULTS:
(a) Notice of Default: No defaultas to any provision of this Agreement shall be claimed
or charged by either party hereto against the other until notice thereof has been given to the
defaulting party in writing, and such default remains uncured for a period of five (5) days after the
defaulting party's receipt of such notice. Notwithstanding the above, the Closing Date shall not be
changed, delayed, postponed or extended by this requirement for notice of default.
(b) Default by Buyer: If Buyer defaults on its obligations to purchase under this
Agreement, without fault on the part of the Seller, Seller may terminate this Agreement in full and
final settlement of all claims Seller may have against Buyer for breech of this Agreement or
alternatively, Seller may seek specific performance.
(c) Default by Seller: If Seller defaults on its obligations to purchase under this
Agreement, without fault on the part of the Buyer, Buyer may terminate this Agreement in full and
final settlement of all claims Buyer may have against Seller for breech of this Agreement or
alternatively, Buyer may seek specific performance.
II. BROKER'S COMMISSION: - Each party hereto represents and warrants unto the other
party hereto that there are no brokers, real estate sales persons or agent involved with respect to the
transaction contemplated herein and that there are no fees, or commissions due as a result of their respective
execution of this Agreement or which will be due as a result of the closing as contemplated hereby by virtue
of their respective acts, inactions, conduct or otherwise. Each party hereto does hereby agree to indemnify
and hold the other harmless from any breach of their respective representations and warranties as set forth
in this Paragraph. The provisions of this Paragraph shall survive the Closing.
12. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and
cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this Contract
with restoration costs escrowed at closing. If the cost of restoration exceeds 3 % of the assessed valuation
of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with
either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this
Contract and receiving return of the deposit(s).
13. TIME OF THE ESSENCE: Time, and timely performance, is of the essence of this
Agreement and of the covenants and provisions hereunder.
14. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays,
Sundays and state or national legal holidays, and any time period provided for herein which shall end on
Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day.
IS. EFFECTIVE DATE AND TIME FOR ACCEPTANCE: The date of this Agreement
("Effective Date") shall be that date upon which the last one of the Buyer and Seller has signed this
Agreement.
16. ASSIGNMENT: This Agreement may not be assigned except upon the prior written
consent of Seller.
I'a!;c 5
17. MISCELLANEOUS:
(a) Radon Gas: Pursuant to Fla. Stat. Sec. 404.056(8), Radon is a naturally occurring
radioactive gas that when it has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in building in Florida.
(b) Binding Effect; Successors and Assigns: This Agreement shall be binding upon
and inure to the benefit of Seller, Buyer and their permitted successors and assigns, if any.
(c) Captions: The captions for each paragraph or sub-paragraph of this Agreement are
for convenience and reference only and in no way define, describe, extend, or limit the scope or
intent of this Agreement, or the intent of any provision hereof.
(d) Severability: (fany provision of this Agreement, the deletion of which would not
materially adversely affect the material benefits receivable by any party hereunder or substantially
increase the burden of any party hereto, shall be held to be invalid or unenforceable to any extent,
the same shall not affect in any respect whatsoever the validity or enforceability of the remainder
of this Agreement.
(e) Execution of Documents: Each party hereto covenants and agrees that they will at
any time and from time to time do such acts and execute, acknowledge and deliver such documents,
including corrective instruments, reasonably requested by the Buyer, the parties hereto, or their
counsel, necessary to carry out fully and effectuate the purchase and sale herein contemplated and
to convey good, marketable and insurable title to the Property and all parts thereof.
(f) Counterparts: This Agreement may be executed in two or more counterparts, each
of which shall be, and shall be taken to be, an original, and all collectively deemed one instrument.
(g) Facsimile: Telephonically transmitted facsimile copies ofthis Agreement, and any
signatures thereon, shall be considered for all purposes as originals.
(h) Litigation and Attorney's Fees: In the event it shall be necessary for either Party
to this Agreement to bring suit to enforce any provision hereof (before or after Closing) or for
damages on account of any breach of this Agreement, the prevailing party shall be entitled to recover
from the other, in addition to any damages or other relief granted as a result of such litigation, all
costs and expenses of such litigation and reasonable attorney's fees (including attorney's fees and
costs of appeals) as fixed by a court of competent jurisdiction.
(i) Entire Agreement; Amendments: This Agreement contains the entire and sole
understanding between the parties hereto relative to the purchase and sale of the Property and it may
only be amended or modified by an agreement in writing executed by Buyer and Seller with the same
formalities as this Agreement.
(j) Notices: All notices and correspondence shall be sent or delivered by registered
or certified mail to the parties hereto, return receipt requested, with copies forwarded to their
respective attorneys, at the addresses set forth below or at such other addresses as the parties hereto
shall designatc to cach other in writing:
I'a!;c (,
(i) if to Seller, to:
Laverne W. Kingsbury and June L. Kingsbury
150 Tuskawilla Road
Winter Spr1ngs, YL jZ/U~
Phone: 407-.12..L-1916
Fax: 407-
(i i) if to Buyer, to:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Phone: 407-327-5957
Fax: 407-327-6686
with copies to:
Anthony A. Garganese, Esq., City Attorney
Brown, Ward, Salzman & Weiss, P.A.
POBox 2873
Orlando, FL 32802-2873
Phone: 407-425-9566
Fax: 407-425-9596
Any notice or demand so given, delivered or made by United States Mail shall be deemed so given,
delivered or made three (3) days after the same is deposited in the United State mail registered or
certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any
such notice, demand or document not given, delivered or made by registered or certified mail as
aforesaid shall be deemed to be given, delivered or made upon receipt of the same by the party to
whom the same is to be given, delivered or made.
(k) Interpretation: This Agreement has been submitted to the scrutiny of each party
hereto and each party has had opportunity to have it reviewed by legal counsel. This Agreement
shall be given fair and reasonable interpretation in accordance with the words used herein without
consideration or weight being given to its having been drafted by either party hereto or their
respective counsel.
(I) Applicable Law: This Agreement is to be construed according to the laws of the
State of Florida.
(m) Non-Waiver: No covenant, term, or condition, (or the breach thereof), shall be
deemed waived, except by written consent of the party against whom the waiver is claimed. A
waiver of any covenant, term, or condition (or breach thereof) shall not be deemed to be a waiver
of any other covenant, term or condition (or breach thereof).
(n) Terminology: Whenever used herein, the terms "Buyer" and "Seller" shall be
construed in the singular or plural as the context may require or admit and shall be further construed
to include the agents of the Buyer and Seller.
(0) No Recording: Neither this Agreement, nor any notice of it, shall be recorded in
any public records.
I'<I!;C 7
(p) Typewritten or Handwritten Provisions: Typewritten or handwritten provisions,
either as additional terms and conditions or alterations to existing terms and conditions, shall control
all printed provisions in conflict with them.
18. Condition Precedent. Approval of this Agreement by the City Commission of Winter Springs
shall be a condition precedent to the parties obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the dates
accompanied by their respective executions.
d~ 14. ~~
LA VERNE W. KINGSBUR , SEL
CITY OF WINTER SPRINGS, a Florida
municipal corporation, BUYER
Date: //~6~ /
By:
#~
Ronald W: McLemore
City Manager
////~ (v I
, ,
~~~u~~~
Date:
Date: //~~~/
Page 8
P ARCE:.... a
(I\INCSBUR Y ACOUISmON)
DESCPtP nON;
That part of the Unnumberl1d Lot in Block -B", D.R. MITCHelL'S SUR\lf:Y OF THE LEVY
GRANT ON LAKE ...ESSUP os recorded in Plat Book t, Page 5 of the Public Records of ~inole
Cvunty. Floddo, more particularly described as follows:
Commence at the Southeast comer of Lot JO BJock -B", D.R. MITCHELL'S SUR\lf:Y OF THE
LEVY GRAN r ON LAKE JESSUP said point being the intersection of the West Right of Way line
of TU3cawifla Road (formerly Brantley Avenue) and the North Right of Way line of First St~t (0
30 foot unopened Right of Way); thence run S JO"()4'S5- W 0 distance of 30.61 f~t to the
.,ntersection of the West Right of Way line of Tuscawilla Rood and thl1 South Right of Way line of
F,rst Street; said intersection being the POINT OF BEGINNING; th~ce continue S JO'04'55"
W along the West Right of Way line of Tuscowilla Road 0 distance of 80.89 f~t to the point of cuz
of a curve conca~ Northwesterly having 0 ro<1ius of 7.5. 00. f~t and a chord bean'ng of N
1I'54'J4" E: thence run North ea3 tfNfy along the arc of ~id curve through a centrof angle of
3670'4J" for an orc distance of 9.52 f"t to a point. of tong~cy; th~c6 N 0615'47'" w 0
distanclt of 59.58 feet to thlt point of curvature of a curve conco~ Southwesterly havmg a radius :>:
15.00 feet a chord bearing of N JJ79'4O" W; thence run Northwesterly oiong the arc of said
curve through a central angle of 5477'44" for on ore distance ol 14.26 f~t to a point of
tonl)cf"lCY: thence N 60'4J'J2" W a distance of 40.41 feet to the South Right of Way line 0'- ~""e
.;Jrore,.,-.er.tioned Fir~.t Street; thence S 7.1"24'05" E along SOld South Right of Way line for a
.:fistor.,:e .~; 92. 7d feet; to th~ Point of Beginning.
(;;JntG,{1,n.; 0.0471 acres more or less.
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EXHIBIT "AU
- DESCRIPTION OF REAL PROPERTY
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