HomeMy WebLinkAboutKingsbury, Laverne & June Settlement Agreement and Related Documents - 2005 03 15
Prepared by and return to:
Jeffrey P. Buak, Assistant City Attorney
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made and entered into the last date signed
below by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation
("City"), having a mailing address of 1126 East State Road 434, Winter Springs, Florida 32708,
and LAVERNE W. KINGSBURY and JUNE L. KINGSBURY, a married couple
("Kingsbury"), having a mailing address of 150 Tuskawilla Road, Winter Springs, FL 32708
(hereinafter "Agreement").
WITNESSETH:
WHEREAS, Kingsbury is the owner of property addressed as 150 Tuskawilla Road,
Winter Springs Florida, and generally located at the southwest comer of Tuskawilla Road and
Blumberg Boulevard, and is identified by the Seminole County Property Appraiser's Office as
Parcel J.D. 26-20-30-5AR-OBOO-00U3; and
WHEREAS, chain-link fencing, owned by Kingsbury, located adjacent to Blumberg
Boulevard was removed, without Kingsbury's consent, during the construction of the Winter
Springs Town Center; and
WHEREAS, the City and Kingsbury have agreed any claim of damages by Kingsbury
can be fully resolved and settled by the installation of a new fence, as described herein, upon the
City's right-of-way adjacent to and bordering the Kingsbury property along both Blumberg
Boulevard and Tuskawilla Road; and
WHEREAS, the City believes this Agreement to be in the best interest of the public
health, safety, and welfare.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions
and restrictions contained herein, together with other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Incorooration of Recitals. The foregoing recitals are hereby incorporated
herein by this reference.
Page 1
2. Fence Replacement. The City hereby acknowledges and agrees that a six (6)
foot high chain-link styled fenced, owned by Kingsbury and located adjacent to Blumberg
Boulevard was removed during the construction of the Winter Springs Town Center, and while
the City does not admit responsibility or liability for the removal, the parties have agreed to
amicably resolve any such claims for damages by Kingsbury through the installation of a
replacement fence upon the City's right-of-way adjacent to and bordering the Kingsbury
property fronting on both Blumberg Boulevard and Tuskawilla Road, as more specifically
provided in the "scope of work" attached hereto as Exhibit "A," the same being incorporated
herein by this reference.
The replacement fence shall be constructed of a white vinyl picket-type fencing, no less
than four (4) feet in height, and substantially similar to the fencing depicted in Exhibit "B,"
which is attached hereto and incorporated herein by this reference.
The City agrees the installation of this replacement fencing shall be completed
expeditiously, however, delays in acquiring materials and labor may arise and could potentially
prolong construction efforts.
3. Temporary Construction Easement. Kingsbury hereby voluntarily grants
and conveys to City, its agents, employees, contractors, or subcontractors a temporary
construction easement over, under, and across a portion ofthe real property, generally described
as Tax Parcel Number 26-20-30-5AR-OBOO-00U3 ofthe nature and character and to the extent
hereinafter set forth ("Easement").
This Easement is granted for the express purpose of allowing City temporary access to
the Kingsbury property to construct a replacement fence, as described above. It is also the
express purpose ofthis Easement to provide City unconditional ingress and egress to, over, and
across the Kingsbury property lying within ten (10) feet of the location of the proposed fence for
the purposes stated herein.
A Memorandum of Easement referencing this Agreement shall be recorded, at the City's
expense, in the Public Records of Seminole County, Florida, following the effective date of this
Agreement. A termination of Easement shall be recorded, at the City's expense, in the Public
Records of Seminole County, Florida at such time as the fences has been constructed and
installed by the City.
4. Removal of Existine: Fence. Kingsbury hereby grants City permission to remove
and dispose of the existing chain-link fencing located adjacent to Tuskawilla Road at time of
construction of the replacement fencing.
5. General Release. Kingsbury, for and in consideration of installation of the
replacement fencing, as described above, does hereby freely and voluntarily, on behalf of
Page 2
themselves, their successors and assigns, hereby individually and for their heirs, executors,
administrators, personal representatives, successors and assigns hereby release, acquit and
forever discharge the City, its officers, employees, boards, board members, committees,
committee members, agents, lawyers, successors, and assignees thereof, and all other persons,
firms, corporations, or legal entities of City who are in privity therewith or might be liable in any
way, from any and all claims, actions, causes of action, legal, equitable or administrative
proceedings, demands, rights, damages, losses, costs, expenses, attorneys' fees and compensation
of whatsoever kind or nature which Kingsbury now has or which may hereafter accrue on
account of or in any way growing out of any and all known or unknown, foreseen and
unforeseen, developed and undeveloped loses, injuries or damages, and the consequences thereof
arising, or to arise from and resulting, or to result from, any and all decision, advice,
recommendations, or actions made by City at any time with regards to the removal of the above
described chain-link fencing.
Further, Kingsbury hereby acknowledges full and final settlement and satisfaction of any
and all claims, actions, causes of action, legal, equitable or administrative proceedings, demands
or rights of whatsoever kind or nature which we may have against City, by reason of the above
mentioned damages, injuries or losses. Kingsbury's General Release of the City shall become
effective at such time as the City completes the installation of the replacement fencing.
In making this release, it is understood and agreed that Kingsbury relied wholly upon
their own judgment, belief and knowledge of the nature, extent and duration of said losses,
injuries or damages and that no representations or statements regarding said loses, injuries or
damages or regarding any other matters made by the person(s), firm(s), corporation(s) or legal
entities of whatsoever kind or nature who are hereby released or by any other person or persons
representing him, her, it or them, has influenced Kingsbury to any extent whatsoever in making
this Release.
This release shall survive the termination of this Agreement provided the City has not
defaulted under the terms and conditions contained herein.
6. ' Attornevs Fees. In the event of any legal action arising under this Agreement
between the parties, the parties agree to incur their own attorney's fees, court costs and expenses,
through all appellate proceedings.
7. Successors. The covenants, terms, conditions, rights, and restrictions of this
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 Property.
8. Entire Agreement. This Easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior communications between the
Page 3
parties related to the subject matter contained in this Easement. The laws of Florida shall govern
this Agreement.
9. Sovereie:n Immunitv. Nothing contained in this Agreement shall be construed
as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or
other limitations imposed on the City's potential liability under state or federal law.
10. Modification. This Agreement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns, heirs, or representatives thereto.
11. Permits. City shall be solely responsible for complying with any local, state, or
federal permit requirements, obligations, and duties (if any) related to the construction, of the
replacement fencing located within the Kingsbury property.
12. Cooperation. City and Kingsbury shall cooperate fully with each other to
effectuate the terms, conditions and intentions of this Agreement. Further, each party agrees to
adjust, initial, re-execute and re-deliver any and all documents subject to this Agreement if
deemed necessary or desirable by one or the other of the parties.
13. Authority and Assie:nment. Each party hereby represents and warrants to the
other that they have full power and authority to enter into this Agreement.
14. Notices. Any notice required or allowed to be delivered hereunder shall be
in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) one day after deposit with a nationally recognized overnight courier service,
e.g. Federal Express, Purolator, Airborne, Express Mail etc., or (c) by facsimile delivery..
addressed to a party at the other address as specified below or from time to time by written notice
to the other party delivered in accordance herewith:
Kingsbury:
Mr. & Mrs. Kingsbury
150 Tuskawilla Road
Winter springs, FL 32708
Phone: 407-327-1916
With copy to:
Oswald & Oswald, P.L.
600 Courtland Street, Suite 110
Orlando, FL 32804
Phone: 407-647-3738
Fax: 407-647-6283
Page 4
City:
City of Winter Springs
Attention: City Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: 407-327-1800
Fax: 407-327-4753
With copy to:
Anthony A. Garganese, Esq.
City Attorney for the City of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson Street - Suite 660
POBox 2873
Orlando, FL 32802
Phone: 407-425-9566
Fax: 407-425-9596
15. Defaults. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the no defaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
an action for specific performance and/or injunctive relief. Prior to any party filing any action as
a result of a default under this Agreement, the non-defaulting party shall first provide the
defaulting party with written notice of said default. Upon receipt of said notice, the defaulting
party shall be provided a thirty (30) day opportunity in which to cure the default to the
reasonable satisfaction of the non-defaulting party prior to filing said action. The prevailing
party in any litigation arising under this Agreement shall be entitled to recover its reasonable
attorney's fees and costs, whether incurred at trial or appeal.
16. Applicable Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. Venue for any state court action
shall be exclusively in Seminole County, Florida, while venue for any federal court action shall
be exclusively in the United States Middle District Court of Florida, Orlando Division.
17. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
18. Effective Date. This Agreement shall become effective upon approval by
the City Commission of Winter Springs and execution of this Agreement by both parties (the
"Effective Date").
19. Force Maieure. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time Period")
Page 5
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event.
20. Interpretation. The parties hereby agree and acknowledge that they have
both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation of this Agreement in the event of a dispute between the
parties.
21. Third Party Riehts. This Agreement is not a third party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
22. Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
agreement; but such counterparts shall together constitute but one and the same instrument.
[Left Blank Intentionally, Signatures Follow]
Page 6
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the
dates hereinafter set forth.
ATTEST:
CITY OF WINTER SPRINGS:
Andrea Lorenzo-Luaces, City Clerk
1
By: J~?~'// C-./. ~;t2 ~
~ V,'. McLemore, City Manager
Date: J ~ I ~ ~ 0 S'- '_' 2005
WITNESSES:
KINGSBURY:
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Date: fY1o....rch ~ ,2005
Page 7
STATE OF FLORIDA
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COUNTY OF \.)6rfl 'i -.J 0 L f=--."
The foregoing instrument was acknowledged and sworn to before me this g-::!'- day of
rY'i '1 r~-'~ , 2005, by Laverne W. Kingsbury, ~'who is personally known to me or D has
produced as identipt\atf0.
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NOTARY PUBLIC
My Commission __
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WITNESSES:
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~une L. Kingsbury
Date:f() fIR (~I ''I ,2005
ST ATE OF FLORIDA
COUNTY OF ~,;'{(\,~~(')I_L/
The foregoing instrument was acknowledged and sworn to before me this g-r.A~ day of
r:{'y1 (('.Ii\- , 2005, by June L. Kingsbury '.B:.~Wh . s perso.nallY known to me or D has
produced as ident~fica 0 .
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NOTARY PUBLIC
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~~ MY COMMISSION # 00332630
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Page 8
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority authorized to take oaths and administer
acknowledgments, personally appeared LAVERNE W. KINGSBURY and JUNE L.
KINGSBURY, husband and wife (collectively "Affiants"), who duly sworn under penalties of
perjury, depose and state as follows:
1. Affiants, LAVERNE W. KINGSBURY and JUNE L. KINGSBURY, husband and wife,
are currently the fee simple owners of the parcel described in the Old Republic National
Title Insurance Company Commitment attached hereto as Exhibit "A" and incorporated
by reference, and as such they have personal knowledge of the matters noted herein.
2. Affiants are aware of no defects, liens, encumbrances, or other adverse matters affecting
title, other than those disclosed in the attached Commitment and survey, if any, which
survey is herein incorporated by reference.
3. That no persons other than the Affiants are entitled to the right of possession or are in
possession of the land, and that the Affiants's right to title and possession of the land is not
in dispute or question.
4. Affiants have no present intention of filing bankruptcy under the U.S. Code, or insolvency
under any state statutes, and are not currently in bankruptcy or the subject of a state
insolvency statute.
5. That no work has been done or materials furnished to the land for the past ninety (90) days
which could give rise to construction liens being imposed under the provisions of Florida
Statutes Chapter 713, Part I.
6. Affiants are aware that Old Republic National Title Insurance Company is relying upon
this Affidavit to issue title insurance policies in accordance with the aforesaid
Commitment, and that in its normal course of business may be called upon to issue
additional title insurance policies. Affiants do hereby indemnify Old Republic National
Title Insurance Company and Brown, Ward, Salzman & Weiss, P.A. against any loss or
damage caused as a result of any inaccuracies contained in this Affidavit.
Page 1 of 2
Affiants have caused this Affidavit to be executed this 17th day of December 2001.
AFFIANTS:
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ANE ~~. ~
L. KINGSB~
STATE OF FLORIDA
COUNTY OF SEMINOLE
Sworn to and subscribed before me this 17th day of December 2001, by LAVERNE W.
KINGSBURY, who V is personally known to me, or 0 who has produced
as identification, and who did take an oath.
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My Commission Expires: ~J\a/\.l_ll ,^', {)..CD 4-
STATE OF FLORIDA
COUNTY OF SEMINOLE
Sworn to and subscribed before me this 17th day of December 2001, by JUNE L.
KINGSBURY, who 0' is personally known to me, or 0 who has produced
as identification, and who did take an oath.
.-.,.~ Deborah L Gillespie
, ~ * WrJ commission CC920806
t~1 Bcpires March 21, 2004")u.\m& .~~,
NOTARY PUBLIC
My Commission Expires: tf\\Ct.UJtt -:Jt ,al'tJLf
Page 2 of 2
FILE NO. 01113288
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
1971 LEE ROAD
WINTER PARK, FL 32789
Phone: (407)647-1915
Fax: (407)647-1735
Agent File Number: 1193
ORT File Number: 01113288
Commitment No.
SCHEDULE A
1) Effective Date: October 29, 2001 at 5:00 PM
2) Policy or Policies to be issued:
Amount:
a) AL TA Owners Policy Standard Form B 1992
(amended 10/17/92 with Florida Modifications)
$9,200.00
Proposed Insured:
CITY OF WINTER SPRINGS, a Florida Municipality
b) AL T A Standard Loan Policy 1992
(amended 10/17/92 with Florida Modifications)
Proposed Insured:
$
3) The estate or interest in the land described or referred to in this Commitment and covered herein is a
FEE SIMPLE.
4) Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
LAVERNE W. KINGSBURY and JUNE L. KINGSBURY, his wife
5) The land referred to in this Commitment is described as follows:
PLEASE SEE EXHIBIT "A" ATTACHED HERETO
This Commitment valid only if Schedule B is attached.
OR Does eOM~JJTMENT eOI\-IM SUBDIVISION MFOl149
FILE :\"0. 01113288
SCHEDULE B - SECTION I
The following are the requirements to be complied with:
1. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Instrument(s) necessary to create the estate or interest to be insured must be properly executed,
delivered and duly filed for record:
a) Warranty Deed from LAVERNE W. KINGSBURY and JUNE L. KINGSBURY, his wife, to CITY
OF WINTER SPRINGS, a Florida Municipality, conveying the property described in Schedule "A"
herein.
SCHEDULE B SECTION illS CONTINUED ON AN ADDED PAGE
OIWOCS CO.\nIlT\IENT COMM SUBDIVISION MFOl149
FILE NO. 01113288
SCHEDULE B . SECTION II
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein
described.
3. Rights or claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof
appears of record.
5. Easements or claims of easements not shown by the public records.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands
insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to
such lands.
7. State road right reservations(s), if any.
8. Oil, gas and mineral right reservations, if any.
9. General or special taxes and assessments required to be paid in the year 2002 and subsequent
years.
No(s).: 26-20-30-5AR-OBOO-00UO
10. Any lien provided by Chapter 159, F.S., in favor of any city, town, village or port authority for unpaid
service charge for service by any water, sewer or gas system supplying the insured land.
TAX INFORMATION:
PARCEL NO.: 26-20-30-5AR-OBOO-00UO
2001 Taxes PAID in the gross amount of $6,653.01 and WAS NOT homestead.
Taxes DO include more land than subject premises.
OIWOCS CO:\IMIT:\IE,'oiT cO.\nl SUBDIVISION :\IF01149
FILE NO. 01113288
EXHIBIT "A"
That part of the Unnumbered Lot in Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT OF
LAKE JESSUP as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida,
more particularly described as follows:
Commence at the Southeast corner of Lot 30, Block "B", D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP said point being the intersection of the West right-of-way fine of Tuscawilla
Road (formerly Brantley Avenue) and the North right-of-way fine of First Street (a 30 foot unopened right-
of-way); thence run south 30004'55" West a distance of 30.61 feet to the intersection of the West right-of-
way fine of Tuscawilla Road and the South right-of-way line of First Street, said intersection being the
Point of Beginning; thence continue South 30004'55" West along the West right-of-way line of Tuscawilla
Road a distance of 80.89 feet to the point of cusp of a curve concave Northwesterly having a radius of
15.00 feet and a chord bearing of North 11054'34" East, thence run Northeasterly along the arc of said
curve through a central angle of 36020'43" for an arc distance of 9.52 feet to a point of tangency; thence
North 06015'47' West a distance of 59.58 feet to the point of curvature of a curve concave Southwesterly
having a radius of 15.00 feet a chord bearing of North 33~9'40" West; thence run Northwesterly along
the arc of said curve through a central angle of 54~7'44" for an arc distance of 14.26 feet to a point of
tangency; thence North 60043'32" West a distance of 40.41 feet to the South right-of-way fine of the
aforementioned First Street; thence South 71 ~4'05" East along said South right-of-way line for a distance
of 92.78 feet; to the Point of Beginning. .
OIWOCS COM.\IJT:\IE:'>T COM.\I SUBDIVISION ;\IFOII~9
CLOSING STATEMENT
SELLER:
BUYER:
LEGAL DESCRIPTION:
CLOSING AGENT:
DA TE:
LA VERNE W. KINGSBURY and JUNE L. KINGSBURY
THE CITY OF WINTER SPRINGS, a Florida municipality
SEE ATTACHED EXHmIT "A"
BROWN, WARD, SALZMAN & WEISS, P.A.
December 18, 2001
DESCRIPTION PAYABLE TO SELLER'S BUYER'S
EXPENSES EXPENSES
SALES PRICE Kingsbury $9,200.00
LESS ESCROW DEPOSIT ($0.00)
TITLE SEARCH AND EXAMINATION FEE Old Republic $ 85.00
FOR TITLE COMMITMENT Title
OWNER'S TITLE INSURANCE POLICY TO Old Republic $100.00
City of Winter Springs Title
DOCUMENT HANDLING FEE Old Republic $0.00
Title
*REAL EST A TE TAXES Credit to Buyer N/A N/A
Year 200 I - Paid in full by Seller Expense to
Seller
STAMPS ON DEED @ $.70 PER $100 Seminole $64.40
County
RECORD DEED Seminole $14.50
County
CERTIFIED BOUNDARY SURVEY Tinklepaugh $77.00
Surveying
Services, Inc.
TOTAL $0.00 $9,540.90
TOTAL DUE SELLER AFTER EXPENSES $9,200.00
~_~Z,,;,~
LAVERNE W. KIN B . , Seller
CITY OF WINTER SPRINGS,
a Florida municipality, Buyer
a~_. ..r.' ~~ _
~UNE L. KINGSBURY, ler
By:
lor"
,
, .
EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Unnumbered Lot in Block "B", D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida, more particularly described as follows:
Commence at the Southeast corner of Lot 30 Block "B", D .R. MITCHELL' S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP said point being the intersection of the West Right
of Way line ofTuscawilla Road (formerly Brantley Avenue) and the North Right of Way line
of First Street (a 30 foot unopened Right of Way); thence run S 30004'55" W a distance of
30.61 feet to the intersection of the West Right of Way line ofTuscawilla Road and the South
Right of Way line of First Street; said intersection being the POINT OF BEGINNING; thence
continue S 30004'55" W along the West Right of Way line of Tu scawill a Road a distance of
80.89 feet to the point of cusp of a curve concave Northwesterly having a radius of 15.00 feet
and a chord bearing ofN 11054'34" E; thence run Northeasterly along the arc of said curve
through a central angle of36020'43" for an arc distance of9.52 feet to a point of tangency;
thence N 06015'47" W a distance of 59.58 feet to the point of curvature of a curve concave
Southwesterly having a radius of 15.00 feet a chord bearing ofN 33029'40" W; thence run
Northwesterly along the arc of said curve through a central angle of 54027'44" for an arc
distance of 14.26 feet to a point of tangency; thence N 60043'32" W a distance of 40.41 feet
to the South Right of Way line of the aforementioned First Street; thence S 71 024'05" E
along said South Right of Way line for a distance of92.78 feet; to the Point of Beginning.
Containing 0.0471 acres more or less.
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SCHEDULE A
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER:
ORT FILE NUMBER: 01113288
POLICY NUMBER: see 419944
AMOUNT: $ 9,200.00
1. Policy Date: January 11, 2002, at 3:46 p.m.
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
The City of Winter Springs, Florida
3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and
described as follows:
That part of the Unnumbered Lot in Block "B", n.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida, more particularly described as follows:
Commence at the Southeast comer of Lot 30 Block "B", n.R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP said point being the intersection of the West Right
of Way line ofTuscawilla Road (formerly Brantley Avenue) and the North Right of Way line
of First Street (a 30 foot unopened Right of Way); thence run S 30004'55" W a distance of
30.61 feet to the intersection of the West Right of Way line of Tuscawilla Road and the South
Right of Way line of First Street; said intersection being the POINT OF BEGINNING; thence
continue S 30004'55" W along the West Right of Way line of Tuscawilla Road a distance of
80.89 feet to the point of cusp of a curve concave Northwesterly having a radius of 15.00 feet
and a chord bearing ofN 11054'34" E; thence run Northeasterly along the arc of said curve
through a central angle of36020'43" for an arc distance of9.52 feet to a point of tangency;
thence N 06015'47" W a distance of 59. 58 feet to the point of curvature ofa curve concave
Southwesterly having a radius of 15.00 feet a chord bearing ofN 33029'40" W; thence run
Northwesterly along the arc of said curve through a central angle of 54027'44" for an arc
distance of14.26 feet to a point of tangency; thence N 60043'32" W a distance of40.41 feet
to the South Right of Way line of the aforementioned First Street; thence S 71024'05" E
along said South Right of Way line for a distance of92.78 feet; to the Point of Beginning.
Containing 0.0471 acres more or less.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
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. . .
SCHEDULE B-PART I
AGENT FILE NUMBER:
ORT FILE NUMBER: 01113288
POLICY NUMBER: SDC 419944
This policy does not insure against loss or damage by reason of the following:
1. General or special taxes and/or assessments required to be paid in the year 2002 and subsequent
years.
2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled and artificially exposed lands and lands
accreted to such lands.
3. State road reservations, if any.
4. Oil, gas and mineral right reservations, if any.
5. General or special taxes and assessments required to be paid in the year 2002 and subsequent
years. No(s).: 26-20-30-5AR-OBOO-00UO
6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority
for unpaid service charge for service by any water, sewer or gas system supplying the insured land.
7. Easements or claims of easements not shown by the public records.
._.,-...._.~'-'~.,--_._.,-~.,."...~-.-----.-....".,..:N~cT~.,..-.-,-'-~':c~';~",
I
NON-FOREIGN AFFIDAVIT
STATE OF FLORIDA
COUNTY OF SEMINOLE
THIS NON-FOREIGN AFFIDAVIT is provided pursuant to the requirements of
Section 1445(b)(2) of the Internal Revenue Code ("Code") in order to induce The City of
Winter Springs, a Florida municipal corporation, (the "Buyer"), to purchase United States
real property interest (as defined under Section 897 of the Code) from the Seller as set
forth below and to not withhold any portion of the sale proceeds. The Seller hereby
acknowledges that this Non-Foreign Affidavit will be relied upon by the Buyer and agree
to indemnify and hold the Buyer harmless from any loss or penalty incurred in reliance
hereon.
As such, under penalties of perjury, I swear and affirm that the following information
is true and correct:
SELLER:
Seller's Legal Name:
LAVERNE W. and JUNE L. KINGSBURY
Social Security No:
(Laverne W. Kingsbury)
Social Security No:
(June L. Kingsbury)
Legal Description:
See Exhibit "A" attached hereto.
The above Sellers are not nonresident aliens, a foreign corporation, foreign
partnership, foreign trust, or foreign estate for purposes of U.S. income taxation as those
terms are defined in the Code and Income Tax Regulations.
Additionally, I authorize the submission of this Affidavit to the Internal Revenue
Service if and when such submission is required.
IN WITNESS WHEREOF, the undersigned has sworn to and executed this Non-
Foreign Affidavit the date and year set out below.
./ ~.
~ 1).;f
LAVERNE w. K~
DATED: L2-:- JJ'.-ol'
DATED:L~-/'- 0/
Arn;E~L.~~RrLcr
Page 1 of 3
STATE OF FLORIDA
COUNTY OF SEMINOLE
---------~-~ "-""~c"'T~;"-~i'T~"':"-~"-"""-',--~~~~-~'"""'f:
Sworn to and subscribed before me this 18th day of December 2001, by
LAVERNE W. KINGSBURY, who U1s personally known to me, or 0 who has produced
as identification, and who did take an oath.
STATE OF FLORIDA
COUNTY OF SEMINOLE
N T ARY PUBLIC
My Commission Expires: ~(,dalL+
Sworn to and subj,Cribed before me this 18th day of December 2001, by JUNE
L. KINGSBURY, who tris personally known to me, or 0 who has produced
as identification, and who did take an oath.
i"'a' Deborah L Gillespie
*JIf* My Commission CC
\;"I\~ Expires March 21,2004
F:\Lawyer~effb\City of Winter Springs\Kingsbury\Non Foriegn Affidavit.wpd
Page 2 of 3
NOTARY PUBLIC
My Commission Expires: M~~ ( OltJDLf
-- -~'~'~:'-.'~--'-
EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Unnumbered Lot in Block "B", D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida, more particularly described as follows:
Commence at the Southeast corner of Lot 30 Block "B", D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP said point being the intersection of the
West Right of Way line of Tuscawilla Road (formerly Brantley Avenue) and the North
Right of Way line of First Street (a 30 foot unopened Right of Way); thence run S
30004'55" W a distance of30.61 feet to the intersection of the West Right of Way line of
Tuscawilla Road and the South Right of Way line of First Street; said intersection being
the POINT OF BEGINNING; thence continue S 30004'55" W along the West Right of
Way line of Tuscawilla Road a distance of80.89 feet to the point of cusp ofa curve
concave Northwesterly having a radius of 15.00 feet and a chord bearing ofN 11054'34"
E; thence run Northeasterly along the arc of said curve through a central angle of
36020'43" for an arc distance of9.52 feet to a point of tangency; thence N 06015'47" W a
distance of 59.58 feet to the point of curvature of a curve concave Southwesterly having a
radius of 15.00 feet a chord bearing ofN 33029'40" W; thence run Northwesterly along
the arc of said curve through a central angle of 54 027'44" for an arc distance of 14.26 feet
to a point of tangency; thence N 60043'32" Wa distance of 40.41 feet to the South Right
of Way line of the aforementioned First Street; thence S 71024'05" E along said South
Right of Way line for a distance of 92. 78 feet; to the Point of Beginning.
Containing 0.0471 acres more or less.
Page 3 of 3
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 LAVERNE W. KINGSBURY and
JUNE L. KINGSBURY, husband and wife, whose address is 150 Tuskawilla Rd. Winter Springs, 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 Properly 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 Properly, 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 having jurisdiction 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
Buyer, 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, (ALTA 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 ALTA 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
ofothers 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.
I'agc 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 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 perform 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. POSSESSION: Seller shall deliver possession of the Properly to Buyer at the time of
Closing.
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 ofthe 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.
Pagc 3
(c) Documents For Closine: Buyer shall furnish the Closing Documents including, but not
limited to, the Deed, Bill of Sale, Assignments, Ownership and Lien Affidavit, Certificate ofNon-
Foreign Status, satisfaction and release of liens or mortgages, and Closing Statement.
(d) Allocation of Expenses: Buyer shall be responsible for atl 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) FIRPTA 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 ofNon-Foreign Status, or (b) such Certification ofNon-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 by Buffer: 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 b~: 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.
11. 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 ofthis 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 ofthis 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.
15. EFFECTIVE DATE AND TIME FOR ACCEPTANCE: The date ofthis 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.
-~~~~ s
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) Ca tions: The captions for each paragraph orsub-paragraph ofthis Agreement are
for convenience and reference only and in no way define, describe, extend, or limit the scope or
intent ofthis Agreement, or the intent of any provision hereof.
(d) Severability: If any provision ofthis 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
ofthis 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.
(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 designate to each other in writing:
Pagc 6
(i) if to Seller, to: Laverne W. Kingsbury and June L. Kingsbury
150 Tuskawilla Road
Winter prangs,
Phone: 407-327 -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.
P O Box 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.
(1) 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.
(o) No Recording: Neither this Agreement, nor any notice of it, shall be recorded in
any public records.
~~~~ ~
(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 ofthis 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.
~.~~ ~i , ~
LAVERNE W. KINGSBUR ,SEL
Date: ~~~~. ~ i
DUNE L. KINGSBURY, SEL ER
Date: /f ~~
CITY OF WINTER SPRINGS, a Florida
municipal corporation, BUYER
By:
Ronald W. McLemore
City Manager
Date: //// !o /c ~.
~---~
Page 8
~aRCEL a
(KINGSBUR r ACQi.`IS1ITON)
ESCR1? 7'ON.
That port of the Unnumbered Cot in Block B : D.R. A/ITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE ,IESSUP os recorded in Ptat Book 1, Page 5 0/ the Public Records of Seminole
County, Florida, more particularly described os follows:
Commence at fhe Southeast corner of Lot 30 Block 6 ; D.R. MJTCHELL'S SURVEY OF THE
LEVY CRANT ON LAKE ,iESSUP sold point being the intersection of the West Right of Way line
of Tuscowillo Rood (formuty Brantley Avenue) and the North Right of Way line of First Street (a
30 foot unopened Right of Woy); thence run S 3004'S5~ W a distance of 30.61 feet to the
~mtersection of the Nest Right o/ Woy line of Tuscawrlla Rood and the South Right o/ Wax line of
F ~rst Street said intersection being the POINT OF BEGINN/NG; thence continue S 30'04 55"
`V along the West Right of Woy tine of Tuscaw~lla Road a distance of 80.89 feet fo the point of cusp
of a curve concave Northwesterly hov-ng o radius of 15.00. /eet and o chord bearing of N
1 J~4'34" E: thence run Northeasterly along the arc of soil curve fhrovgh o centr'vl angle of
3670'43" for on arc distance of 9.52 fee! to o point , of tangency, thence N 06'15'47" W a
distance of 59.58 feet to the point of curvature of a curve concave Southwesterly having o radius of
15.00 feet a chord bearing of N 3379'40" W.• thence run Northwesterly long the arc oI said
curve through o central angle of 5477'44" for on arc distance of 14.26 feet to o point of
tangency, thence N 60 43'32" W o distance of 40.41 feet to fhe South Right of Way lire of the
~roremen.honed First Streef; thence S 7±'?4'05" E along said South Right of Way line for a
,ilstar,ce ~% 9~.Td feet: to the r~oint of Beginning.
Contarn~nq 0.0-t7' acres more or less.
rpp~ gp_ a
EXHIBIT "A"
- DESCRIPTION OF REAL PROPERTY -
PAGE ONE OF TWO
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i EXHIBIT "A"
/ -DESCRIPTION OF REAL PROPERTY
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MEMORANDUM
TO: Anthony Gargan e, City Attorney
FROM: Charles C. a ngton, Community Development Director
DATE: November , 2001
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
Title in the past. Contact Jim Dyer (407) 740-7131.
cc: Ronald McLemore, City Manager
Kip Lockcuff, Public WorkslUtility Director