HomeMy WebLinkAboutBlumberg, Lewis and Juanita D. Contract for Purchase and Sale -2004 12 27
CONTRACT FOR PURCHASE AND SALE
THIS CONTRACT FOR PURCHASE AND SALE ("Contract") is made by and
between JUANITA D. BLUMBERG, a widowed women and the ESTATE OF LEWIS
BLUMBERG (collectively "Seller"), and the CITY OF WINTER SPRINGS, a Florida
municipal corporation ("Buyer"). For and in consideration ofthe sum ofTEN AND NO/lOO
DOLLARS ($10.00), the premises .and the mutual covenants and obligations created hereby,
as well as other good and valuable considerations, Buyer agrees to buy and Seller agrees to
sell the follo.wingdescribed real property subject to and upon the temlS and conditions set
forth below. The effective date of this Contract (the "Effective Date") shall be the date upon
which the last of Seller and Buyer shall have signed this Contract.
-_.-. ...;." - .. ~.. - .
AllTICLE I -PROPERTY
The real property (the "Property") which is the subject matter of this Contract is
approximately .036 acres and generally located at the northwest intersection of Doran Drive
and East State Road 434, in the City of Winter Springs, and which is more particularly
described in Exhibit" A" attached hereto and made a part hereof.
ARTICLE II -PURCHASE PRICE AND DEPOSITS
Purchase Price. The purchase price (the "Purchase Price") for the Property shall be
.Eleven.Thousand Three Hundr~d Sixty and Noll 00 Dollars ($11,360.00).
ARTICLE III -CLOSiNG AND CLOSING DATE
The transaction contemplated by this Contract shall be closed (the "Closing"), the
Purchase Price paid to Seller, and the deed, and the exclusive possession of the Property, free
of all occupants, shall be delivered to Buyer at Closing. The closing date shall be on or
before sixty (60) days following the Effective Date.
,
ARTICLE IV -TERMS AND CONDITIONS
The additional terms and conditions of this Contract are as follows:
4.1. Evidence of Title. Buyer, at Buyer's expense and within thirty (30) days from the
Effective Date shall obtain a title insurance commitment (the "Title Commitment") to issue
an AL T A Owner's Title Insurance Policy - Form B from a title insurance company acceptable
1
to Buyer (the "Title Insurance Company") in the amount of the Purchase Price, naming Buyer
as the proposed insured. The Title Commitment shall show good, marketable and insurable
fee simple title to the Property to be vested in Seller, liens, encumbrances, exceptions and
qualifications which will not interfere with or impair the Property's use; exceptions permitted
by the provisions of this Contract; and those exceptions which are capable of and are actually
to be discharged by Seller at or before Closing (all other exceptions to title being deemed title
defects for purposes of this contract). Legible and complete copies of all instruments listed
as exceptions to title (commonly identified as Schedule B-II exceptions in the Title
Commitment) shall be delivered with the Title Commitment. Iftitleis found to be defective,
Buyer shall, within ten (10) days from the date it receives the Title Commitment, notify
Seller in writing to that effect specifying the defects. Seller shall have twenty (20) days from
the receipt of Buyer's notice specifying the title defects to cure the defects and, if after said
period Seller shall not have cured the defects, or if Seller shall not have progressed to a point
where the defects are certain to be remedied prior to Closing, or where the removal of such
defects is not otherwise assure9 to Buyer's satisfaction, Buyer shall have the option of (i)
accepting the title "as is" without a reduction in the Purchase Price, or (ii) demanding a
refund of the Deposit which Escrow Agent shall forthwith return to Buyer and thereupon
Buyer and Seller shall each be released from all further obligations to each other respecting
matters arising from this Contract.
4.2. Survey. Buyer may, at Buyer's expense, obtain a survey of the Property (the
"Survey") prepared by a licensed Florida land surveyor within the last thirty (30) days, or in
the alternative, an update of an earlier survey re-dated to a point in time within the last thirty
(30) days which complies with the Minimum Standard Detail Requirements for
ALTAlACSM Land Title Surveys adopted in 1997. If the Survey shows any encroachments
onto the Property and/or improvements located outside its boundaries or encroachments by
improvements principally located on the Property over required setback lines or over onto the
property of others or onto any public right-of-way adjacent to the Property, or ifit is apparent
that the Property violates existing title covenants and/or applicable zoning laws or
ordinances, Buyer shall, on or before the date by which Buyer must notify Seller of title
defects under Section 4.1 hereof, notify Seller in writing to that effect specifying the defects.
Seller shall have until thirty (30) days from receipt of Buyer's notice specifying the Survey
defects in which to cure such defects. If after said period Seller shall not have cured the
defects, or if Seller shall not have progressed to a point where the defects are certain to be
remedied at or prior to Closing, Buyer shall have the option of (i) accepting the condition of
the Property as disclosed in the Survey in an "as is" condition and close without a reduction
in the Purchase Price, or (ii) Buyer and. Seller shall each be released from all further
liabilities and obligations to each other with respect to all matters arising from this Contract.
The parties acknowledge that upon the execution of this Contract the only available
legal description of the Property was the legal description of the Property contained within
Section I of the Contract. The survey will be by a metes and bounds description and said
description shall be incorporated into this Contract as if included herein at the Effective Date
2
~
of this Contract. The survey and legal description shall be approved by both parties prior to
incorporation into the Contract. Said approval shall not be unreasonably withheld by the
parties.
4.3. Conveyance. Seller shall convey title to the Property to Buyer by Warranty Deed
(the "Deed"), subject only to: (i) taxes for the year of Closing; and (ii) matters disclosed in
the title evidence provided to and accepted or deemed acceptable by Buyer.
4.4. Closing Affidavit. At the Closing, Seller shall furnish Buyer with an affidavit (i)
testifying to the absence of any claims, encumbrances, taxes, assessments, liens or potential
lienors known to Seller not disclosed in the Title Commitment and Deed, (ii) further attesting
that there have been no improv~ments to the Property by or through Seller for the ninety (90)
day period immediately preceding the date of Closing, the cost of which remains unpaid, (iii)
agreeing to take no action prior to recording the Deed which would adversely affect the title
to the Property, (iv) testifying that possession of the Property is subject only to those matters
accepted by Buyer pursuant to the terms hereof, if any, and that Seller is otherwise in
exclusive, peaceable and undisputed.possession ofthe Property, and (v) testifying that there
are no actions or proceedings now pending in any state or federal court to which Seller is a
party including, but not limited to, proceedings in bankruptcy, receivership or insolvency,
which would affect the Property, the title to the Property or Seller's ability to close on the sale
of the Property to Buyer except as disclosed in the Title Commitment. Seller shall also
furnish such other evidence, affidavits or information required by the Title Insurance
Company so that the Title Insurance Company will be able to eliminate all standard
exceptions from the Title Commitment at Closing, except for taxes for the year of Closing
which are not yet due or payable.
4.5. Place of Closing. Closing shall be held by express courier or at the offices of Escrow
Agent, if any, or such other location as is mutually agreed upon by Buyer and Seller.
4.6. Documents for Closing. Buyer's attorney shall prepare the Deed, Seller's affidavit,
closing statement, and any corrective instruments that may be required in connection with
perfecting title.
4.7. Expenses. State documentary tax for the Deed and the cost of recording all corrective
. documents needed to complete the transaction shall be borne by Buyer. Buyer shall pay for
the owner's title insurance premium and recording the Deed.
4.8. Proration of Taxes; Real and Personal. Taxes shall be prorated based upon the
current year's tax based on the highest discount available at Closing. If the Closing occurs on
a date when the current year's taxes are not fixed and the current year's assessment is
available, taxes will be prorated based upon such assessment and the prior year's millage. If
the current year's assessment is not available, then taxes will be prorated based on the prior
year's tax. If the Property is assessed as. part of a larger tract of land and a "cut out" is not
3
,
available from the tax assessor at the time of Closing, the taxes for the Property shall be
estimated and prorated based upon the ratio of the size of the Property in relation to the
overall tract of which the Property forms a part, taking into consideration matters of zoning
as described in the tax assessor's records. Any tax proration based on an estimate may, at the
request of either party, be subsequently readjusted upon receipt of the actual tax bill. This
provision for repro ration shall survive the Closing.
4.9. . Special Assessment Liens. Special assessment liens which are certified, confirmed
and ratified as ofthe date of Closing are to be paid by Seller. Special assessment liens which
are certified, confirmed and ratified but payable in installments post-Closing shall be paid in
full by Seller at Closing. Special assessment liens pending as of the date of Closing shall be
assumed by Buyer; provided, however, that if the improvements which form the basis for
such special assessment are substantially completed as of the date of Closing they shall be
deemed to have been certified, confirmed or ratified and Buyer shall, at Closing, be credited
with an amount equal to the last estimate of the assessment for the improvement made by the A _. .__ ._
appropriate public body.
4.10: Attorneys' Fees and Costs. In the event there should be any litigation or claim
between the parties hereto arising out of this Contract, the prevailing party shall be entitled to
recover all attorneys' fees and costs, and if the matter is appealed to a higher court, such
attorneys' fees include appellate court: costs and attorneys' fees.
4.11. Default. If either party fails to perform any of its covenants set forth in this Contract
or the other party shall have, as its sole and exclusive remedies, the election of either (i)
terminating the agreement or (ii) the right of specific performance against the other.
4.12. Severability. If anyone or more of the provisions of this Contract is held invalid,
illegal or unenforceable, the remaining provisions of this Contract shall be unimpaired, and
the remaining provisions of this Contract shall be construed to best carry out the original
intent of the parties hereto.
4.13. Complete Agreement. This Contract evidences the complete understanding of the
parties hereto as respects the matters addressed herein. No agreement or representation,
unless set forth in this Contract, shall bind either of the parties hereto.
4.14. Notices. Notices to Seller and Buyer shall be deemed delivered (i) when hand
delivered, or (ii) one (1) business day following delivery to an express delivery courier, such
as Federal Express, or (iii) three (3) days following deposit in U.S. mail, certified, return
receipt requested. Notice shall be given to the following addresses:
To Seller: Juanita D.Blumberg
P.O. Box 195430
Winter Springs, FL 32719-5430
4
,
wlcopy to Tom Harbert, Esquire
Mateer & Harbert, P.A.
P.O. Box 2854
Orlando, FL 32802~2854
To Buyer: Attn: City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32707.
wi copy to Anthony A. Garganese, Esquire
Brown, Garganese, Weiss & D' Agresta, P.A.
P.O. Box 2873
_.. __..._ Orlando,.FL 32802.-2873 - -
4.15. FIRPT A- Right to Withhold. Seller agrees that Buyer may deduct and withhold from
the Purchase Price provided in Article II ~ereof, a tax in the amount of ten percent (10%) of
the amount realized (as that term is used in Section 1445(a) of the Internal Revenue Code) by
Seller pursuant to this Contract, except upon the occurrence of either (1) or (2) below:
(1) At or prior to Closing, Seller provides to Buyer a Certificate of Non-Foreign
Status or a Non-USRPHC Statement described in and complying with Section
1445(b )(2) or (3) of the Internal Revenue Code of 1986, as amended (the "Code") (all
references to Section or the Code include any successor provisions thereto and any
Treasury Regulations promulgated in cOlmection thereto) and Buyer has no
knowledge or notice that such Certificate or Statement is false; or
(2) At or prior to Closing, Buyer received a withholding certificate described in
Temp. Treas. Reg. Section 1.1445-3T or Rev. Proc. 85-41.
Buyer agrees that any amount deducted and withheld pursuant to this Section shall be
remitted to the Internal Revenue Service in accordance with Section 1445 of the Code and
the Regulations thereunder.
4.16. Environmental Status. Seller warrants and represents to Buyer that, to Seller's best
knowledge and belief, (i) the Property is free of all hazardous waste or substances except as
may be permitted by applicable law;.(ii) that the Property has been operated and maintained
in compliance with all applicable environmental laws, statutes, ordinances, rules and
regulations; (iii) no release of any hazardous waste or substances has taken place on the
Property, (iv) no migration of hazardous waste or substances has taken place from the
Property which would cause the release of any hazardous waste or substance on any
5
.
adjoining lands or any other lands in the vicinity of the Property; and (v) there are no bulk or
underground tanks on or in the Property, and, no bulk or underground storage tanks have ever
been located on or in the Property.
The term hazardous waste or substances shall include those substances included
within the definitions of "hazardous substances", "hazardous materials", "toxic substances",
or "solid waste" in CERCLA, RCRA, and the Hazardous Materials Transportation Act, 49
U. S. C. Section 180 I, et ~., and in the regulations promulgated pursuant to said laws or any
replacement thereof; such other substances, materials and wastes which are or become
regulated under applicable local, state or federal law, or which are classified as hazardous or
toxiC under federal, state, or local laws or regulations.
Additionally, Seller has no notice or knowledge of the on-site existence of any
"Endangered and Threatened Species", flora and fauna as identified by the U.S. Fish and
- .--....---- - Wildlife Service's "List of Endangered and Threatened Wildlife..and-Plants~-as.. may be -.
amended from time to time. Seller further warrants no knowledge of the on-site existence of
any upland conservation areas which are preserved, or may be preserved, for the purposes of
providing of wildlife habitat.
4.17. Right of Inspection. During the term of this Contract, Buyer, its agents, employees
and representatives, may have access to the Property and the records of the Property
(including those on file with any governmental agency) at all reasonable times subsequent to
the Effective Date of this Contract with the right, at Buyer's expense, to inspect the Property
and to conduct all tests and borings thereon as Buyer, its licensed engineers, surveyors and
the like shall deem reasonably necessary or desirable to fulfill the tests and investigations
contemplated by the Contract. Any entry on or to the Property by Buyer or its authorized
representatives pursuant to the provisions hereof shall be at the risk of Buyer, and Buyer
hereby indemnifies, protects, and holds Seller harmless and agrees to defend Seller from and
against any and all claims, demands, losses, damages, and liabilities (including but not
limited to personal injury and property damage claims and mechanics' or other liens),
together with related costs and expenses, including reasonable attorney fees and litigation
costs, caused by Buyer or Buyers' agents on or to the Property. In addition, Buyer shall keep
the Property free from any liens which could arise as a result of the exercise by Buyer of any
of its rights hereunder. Each party shall keep confidential the results of all financial
statements, reports or other information provided to or generated by the other party and will
not disclose any such information to any person other than: (i) those employed by Buyer or
Seller, respectively; (ii) those who areactiv~ly and directly participating in the evaluation of
the Property and the negotiation in the evaluation of the Property and the negotiation and
execution of this Contract or financing of the purchase of the Property; (iii) governmental,
administrative, regulatory or judicial authorities with respect to the investigation of the
compliance of the Property with applicable legal r~quirements; and (iv) -as required by law or
co~rt order; provided, however, that the party required to disclose by law or court order shall
immediately give the other party notice in order to enable the other party to seek a protective
6
order from such disclosure; The provisions of this Section 4.17 shall survive the Closing or
earlier termination of this Contract.
4.18. WAIVER OF TRIAL BY JURY. SELLER AND BUYER HEREBY MUTUALLY,
VOLUNT ARIL Y AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE
TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR
ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTRACT OR ANY
AGREEMENT CONTEMPLATED TO BE DELIVERED IN CONJUNCTION
THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
THIS PROVISION IS A MATERIAL INDUCEMENT FOR EACH OF SELLER AND
BUYER ENTERING INTO THIS CONTRACT.
.__ ._.. .,~ b ....__..__....__..__.._ _ ARTICLE V -SPECIAL CONDITIONS -...." ........ . -
Seller has made a limited.number of representations and warranties to Buyer in this
Contract. In consideration of Buyer waiving additional conditions, representations or
warranties from Seller, Seller and Buyer hereby agree as follows:
5.1. Inspection Period. Buyer shall have until Closing (herein the "Inspection Period") in
which to conduct an investigation ofthe Property, including, bYway of illustration and.not in
limitation and subject to Section 4.17: inspections as to the physical condition of the
Property, investigate the availability of utilities, status of zoning or ability torezone, zoning
codes, building codes, physical condition and any other condition or characteristic of the
Property which Buyer may deem necessary or relevant to Buyer in purchasing the Property.
Should Buyer become dissatisfied or concerned with the result of any such investigation,
search, inquiry or report as contemplated hereby, then Buyer may, prior to the expiration of
the Inspection Period, terminate this Contract by written notice thereof to Seller.
5.2. Delivery of Materials. Within five (5) days after the Effective Date of this Contract,
Seller shall deliver to Buyer copies of all existing studies, tests, environmental audits, soil
borings results, surveys, site plans, reports, plans, permits, petitions, warranties, applications,
certificates, reservations, agreements, development orders, approvals and related materials in
its possession relating to the Property.
5.3. Intended Use of the Property. The parties acknowledge that Buyer intends to use the
Property for the construction and expansion of public rights-of-way. Buyer reserves the
right to make modifications to the Intended Use as Buyer reasonably deems appropriate.
5.4. Brokerage. Both parties agree that Buyer and Seller hereby represent to each other
that neither party has dealt with or engaged a broker with respect to the transaction
contemplated herein. Each party hereby agrees to indemnify the other from and against any
7
~
claim for brokerage commission or finder's fee asserted by any other person, firm or
corporation claiming by, through or under said party.
5.5. As Is. Buyer acknowledges that, except as expressly stated in Section 4.16 above,
Seller has made no representations or warranties, written or oral, express or implied, with
respect to the Property (including, without limitation, the Lease). Buyer is relying upon its
own expertise and upon its own investigation of the Property and accordingly, Buyer shall .
acquire the Property AS IS; provided,.however, that during the period that this Contract is in
effect, Seller shall maintain the Property in its current condition, reasonable wear and tear
excepted. Buyer acknowledges that a material consideration in negotiating the Purchase
Price and in entering into this Contract has been Buyer's express agreement to rely upon its
own investigation in consummating this transaction.
[Remainder of Page Left Intentionally Blank]
. - . .. . '~"'-'_. - . _.
8
.
IN WITNESS WHEREOF, the parties have executed this instrument as of the
day and year indicated below.
Signed, sealed and delivered SELLER:
in the presence of
JUANITA D. BLUMBERG
e: I '1'01 u "ta D. Blumberg
~~ ate: /OY~7l0 y . ,
Print name: ,~ 5/J,."trl
In Re Estate of Lewis Blumberg
BY~ j).~
Printf~n Print:JjjA-nlr~ D. BI-V/J1l!!;J:12b
Personal Representative
Date: b?jt:17/ O:f
BUYER: . -
. .
.. .
ATTEST:
".
, .
9
-CAn..LJj.L'l' './?;.'.
~) ~.)
\
SHEE'ili' 1 of 2
c.
. DESCRIPTION:
That part oftbe Unnumbered Lot in Block "B", n,R. :MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE mssup as recorded in Plat.Book I, Page 5 ofthe Public Records ofSeminoJe
C~untx,_ FJor~d~d1)ore piu:ti~J~ly descrihed as follows: . ,. ."
Commence at the. Northwest corner of said Lot 28, Block "B", D,R. :MITCHELL'S SURVEY OF
TIIE LEVY GRANT ON LAKE JESSUP as recorded in said Public Recordssald point being a
. recovered 3/4itich iron pipe; thence run S 18058'28" W along the West line of said Lot 28a. distance
of 720,17 feet; to the North Right of Way line of First Street (a 30 footunopenedrighfofway);.
thence run S 71024'05" E along said North nghtofway line for a distance of 423.48 feet; theneeS
65037'18" W a distance of 44.01 feet to the South Right of Way line of said First Street thence run
. South 51024' S5" West, a distance of96.80 to the POINT OF BEGlNNING; thence continue South.
51024' 05" West a distance of 147.60 feet to the Northeasterly Right of Way line of State Road 434
per Florida Oepartment of Transportation Right of Way Map Section 77070-2516; thence N 38043'
16" W a distance of 20.03 feet; thence departing said right-of-way line South 83034' 06" East a
distance of14.18 feet; thence North 51024"55" East, adistarice of 137.62; thence South 38035' 05"
East, a distance of 10.00 feet to tbe POINT OF ~EGINN.lNG,
Containing 0.036 acres more or less.
T!)3-D54
Prepared by: ~ . .
This description and the accompanying sketch or
Tinklepaugh Surveying Services, Inc, . . sketches has been prepared in accordance with the
379 West Michigan Street Standards set forth in Chapter61G17, F.A.C"
SUite 208 pursuant to Chapters 177 and 472, Florida Statutes.
Orlando, Florida 32806 .Unless it bears the signature and ~e original raised
(407) 422-0957 seal of a. Florida licensed surveyor and mapper this
drawing, sketch,. plat or map is for iDfonnatiOnal
purposes oilly and is ot valid, . ...
,
,-.- ~ " ..-.""
~'-'~-,--,--,- '"
.ui'l.n.LD.LT .. fi" \Con.T./
..,"",
") SHEET 2 of 2 l
v
.
. .
f"T-.'.4 SA.J'TCH OF DESCR....l.oTION
NOT A SURVEY
~
POINT OF COMMENCEMENT
RECOVERED 3/4"iRON PIPE
NW CORNER OF LOT 28, SlOCK "S"
D.R. MITCHELL'S SURVEY OF THE .
LEVY GRANT ON LAKE.JESSUP
PLAT BOOK 1, PAGE 5
'0
~
. ~~. .
POINT OF
BEGINNING -~-
" ~r
. ~' '\~
A,/lr.Ci 1";).:,1
51:! "-
......,
. .Ii'./"./?, ...... 1V9/?" .
'S'~ -= -!!. ~(Qlir .
..s~ii. ......o(.W.ol>- .
-~.e ......~c. .
-~
'?O~D)
D.R. MITCHELL'S SURVEY OF THE
LEVY. GRANT ON. LAKE JESSUP
. PLAT BOOK 1, PAGE 5
\~
\1).~...
. \ ~ .
x~
1$ . )..
, '"1<
A\V i"
'<'~~
'9).~?'~ \ \
. ot(f>
~,~ \ \
SURVEYOR'S Norrs, ?Q '" ~ A
1.) 11-IIS IS NOT A BOUNDARY SURVEY. ~ ~~
o~~
2.) BEARINGS BASED ON THE NORTHEASTERLY R/W ~ 0 li'" ... . . ." ., . ."
UNE OF STArr ROAD NO. +34. BEING S 3B'+3"6"E, , \>. ~ T Ih k I e p a ug h ~
3.) THIS SKETCH PREPARED WITHOUT BENEFIT OF . ~ 0 SURVEYING SERVICES. INC.
CURRENT llTLE MA TIERS AND IS SUBJECT TO EASEMENTS 6' ~ .379 W. Iotichigon Str~.t. Suit. 208 '.Ortancia, Florida 3;'!."8.
AND MA TIERS OF REpORD. Tel.. No. (407) 4S2:"0967 hx 110. (407)" 422-6f1.1!t .
. UCEJlSED BUlllNESS No. 3776
JOB T03 D54. SX 6986 .
.. .
..--.....-.
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
Usher L. Brown · Offices in Orlando, Kissimmee, Debra S. Babb-NutcherO
Jeffrey P. Buako Cocoa & Viera Joseph E. Blitch
Suzanne D'AgrestaO Victoria L. Cecil
Anthony A. GarganeseO Lisa M. Fletcher
John H. Ward' Amy J. Goddard
Jeffrey S. Weiss Katherine Latorre
- -
Erin J. O'Leary
'Board Certified Civil Trial Lawyer J. W. Taylor
oBoard Certified City, County & Local Government Law Of Counsel
December 30, 2004
Via Hand Delivery -.. --. -- --
Kip Lockcuff, Community Development Director
& Public Works Director
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Agreement - Blumberg Purchase and Sale of Right Away
City of Winter Springs - General
Our File Number: 1193
Dear Kip:
Please find enclosed herewith an original Contract for Purchase and Sale, which has been
executed by Ms. Blumberg on her behalf and on behalf of her husband's estate. It is my
understanding that this item has already been reviewed and approved by the City Commission.
Therefore we need to obtain the Mayor's signature, which should be attested to by the City Clerk.
Once the contract is executed by the Mayor, we request that you return the original to our
office, retain a copy for your own records and we will forward a fully executed copy to Ms.
Blumberg's attorneys for their records. We have already requested a title commitment on the
property and expect the same shortly.
Please also allow this correspondence to confirm that the City does not intend to obtain a
boundary survey for the property being purchased. As I have explained to Greg Bishop, we will be
able to issue a title policy on the property; however, any claims that arise due to encumbrances which
would have been discoverable by conducting a boundary survey will not be insurable. If we have
misunderstood the City's intent, please advise at your earliest opportunity.
225 East Robinson Street, Suite 660. P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net . Email: jbuak@orlandolaw.net
Kip Lockcuff
. December 30,2004
Page 2
Once we have received the fully executed contract and the title commitment has been issued,
we will set a closing date for this property and provide a proposed settlement statement for your
reVIew.
If you have any questions, please do not hesitate to contact our offices.
Very Truly Yours,
~~/ft~~
(~ Jeffrey P. Buak
Assistant City Attorney
JPB/cg
Enclosure