HomeMy WebLinkAbout2001 07 23 Regular B Purchase and Sale Agreement
COMMISSION AGENDA
ITEM B
CONSENT
INFORMATIONAL
PUBLIC HEARlNG
REGULAR X
July 23,2001
Meeting
~ IDEPT ~
Authorization
REQUEST: Utility/Public Works Department Requesting Authorization for the City Manager
to Execute a Purchase and Sale Agreement for the Acquisition of approximately
8.7 acres platted as the Hartman Industrial Park from James D. and Martha R.
Hartman.
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 8.7 acres
platted as the Hartman Industrial Park from James D. and Martha R. Hartman for
$332,500 funded from the Utility Enterprise Fund for the future purpose of a
Utility/Public Works Compound.
CONSIDERA TIONS:
This approval is needed to allow the acquisition of property, which will provide sufficient
area and an appropriate location for the future construction of a consolidated Utility/Public
Works compound. The current Public Works compound on the comer of First Street and
Fairfax Avenue is located within a residential area targeted for redevelopment. It is not
compatible with the surrounding land uses particularly with the development ofTorcaso Park
and the increase in pedestrian traffic.
The Utility field group primarily operates out ofWTP#1 on Northern Way. This
location is also not compatible with the surrounding residential and park land uses. An
evaluation of the space requirements over the next ten years for the Utility, Public Works and
Stormwater groups identified the need for a parcel of 4 to 5 acres in size to relocate and
consolidate these functions.
The property was platted as Hartmans Industrial Park in 1985, contains 8.727 acres and
is located within the City on Old Sanford/Oviedo Road with 40 feet of frontage. The 40' access
is between the existing Orlando Plastics and Taylor Made busjnesses. The upland portion is
Regular Agenda Item B
July 13,2001
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well defined and estimated at 5.5 acres. The Zoning is C-2 and Future Land Use is Industrial.
The owners are James D. and Martha R. Hartman of Winter Springs. The contract purchase
price is $332,500 ($1.45 a net square foot) which is less than the appraised value. A copy of the
appraisal is attached.
The adjacent property to the west is vacant and predominately wetlands. The property
to the east is the proposed Respite Center of which approximately 120 feet of the common
property line is upland. The northern third of the property is wetlands and adjacent to the
Spring Hammock preserve area.
The contract provides for a 90 day due diligence period. We will be procuring an
Environmental Audit, Boundary Survey, Topographic Survey, Wetlands Delineation, and
obtaining Title Insurance during that time. If all areas checkout, we will proceed to closing.
FUNDING:
The funding needed for this acquisition is estimated at $350,000. The source of funds
would be the 1997 Construction Fund of the Utility Enterprise Fund (3630-56310). Future
funding of the construction improvements would be available from the 2000 Construction Fund
of the Utility Enterprise Fund where $1,000,000 has been set aside. Additional funds for
construction may also be available from the Transportation Improvement Fund and Stormwater
Fund for construction related to those activities,
Regular Agenda Item B
July 13,2001
Page 3
RECOMMENDATION:
It is recommended that the City Commission Authorize the City Manager to Execute a
Purchase and Sale Agreement for the Acquisition of approximately 8.7 acres platted as the
Hartman Industrial Park from James D. and Martha R. Hartman for $332,500 funded from the
1997 Construction Fund of the Utility Enterprise Fund (3630-56310) for the future purpose of a
Utility/Public Works Compound.
IMPLEMENTATION:
Staff will proceed with the requirements of the due diligence period upon approval of the
contract for execution by the City Commission.
ATTACHMENTS:
1. Purchase and Sale Agreement
2. Property Appraisal
COMMISSION ACTION:
A TT ACHMENT NO. 1
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 North State Road 434, Winter Springs, Fl 32708, (hereinafter "Buyer"), and JAMES D.
HARTMAN and MARTHA R. HARTMAN, husband and wife, whose address is 220 Stoner
Road, Winter Springs, FL 32708, (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 ofthe 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. The Property will be sold to Buyer by Seller together with all
tenements, hereditaments and appurtenances thereunto belonging, all of which shall be deemed part
and parcel of the Property. Prior to closing, Seller shall remove or have removed all personal
property located on the Property including, but not limited to, any vehicles, trailers, boats, or other
items not permanently affixed to the ground.
To the extent the same exist on the Effective Date and are transferable and without
any representation or warranty express or implied, 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 Three Hundred Thirty-Two Thousand Five
Hundred and noli 00 ($332,500.00) Dollars. The Purchase Price shall be payable as follows:
(a) A deposit (hereinafter "Deposit") in the amount of Thirty-Three Thousand
Two Hundred Fifty and nolI OOths ($ 33,250.00) Dollars shall be paid upon the execution
hereof by Buyer, to be held in escrow by BROWN, WARD, SALZMAN & WEISS, P.A.
(hereinafter "Escrow Agent"), which will become non-refundable at the end of the
Feasibility Determination Period described below.
(b) . The balance of the Purchase Price, shall be paid in cash, cashier's check,
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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 and ENVIRONMENTAL AUDIT: Buyer
shall have ninety (90) days from the Effective Date herein to determine the feasibility of Buyer's
purchase of the Property. It is expressly acknowledged and agreed that, except as and to the extent
expressly provided in this Contract (or in the closing documents, including the deed, delivered in
connection with closing) to the contrary: (a) Seller makes no warranty or representation whatsoever
as to (i) the condition or suitability of the Premises (whether title (except as set forth in paragraph
8), physical condition suitability for use or otherwise) for Buyer's purposes (including, without
limitation, NO WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR
PURPOSE OR RELATING TO THE ABSENCE OF LATENT OR OTHER DEFECTS) or (ii)
whether or not hazardous waste materials are now or were heretofore located on or generated from
the Property) or which are permitted to be made with respect to the Property; and (b) upon
acceptance of the deed to the Property at Closing, Buyer shall be conclusively deemed to have
accepted the Property in its "AS IS" condition as of Closing. Seller makes and has made no
warranty, express or implied, with regard to the accuracy of any information furnished to Buyer and
Seller shall not be bound by any statement of any agent of Seller. During the ninety 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. Such investigations to include an
Environmental Audit up to Level II ifBuyerdetermines it necessary after having received the results
of a Level 1 Environment Audit. 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. Said right of entry is conditioned upon (a) the Buyer giving Seller
reasonable notice, and (b) such entry being during normal business hours. 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 of the Property by Buyer,
including but not limited to, nonpayment of services rendered to or for the benefit of Buyer or
mechanics' liens or liability for damage to persons or property arising from any activity permitted
hereunder or any change in the existing condition of the Premises by Buyer or its agents, servants,
employees, contractors or representatives. This indemnification and agreement to hold harmless
shall survive Closing or termination of this Contract. Without limiting the generality of the
foregoing, but in addition thereto, in the event this Contract is terminated under circumstances which
entitle Buyer to return of its Deposit (or any portion thereof or any other monies delivered by Buyer
to Seller) prior to return of such Deposit (or any portion thereof or any other monies delivered by
Buyer to Seller), Buyer shall furnish proof reasonably acceptable to Seller (in the form of affidavits,
lien waivers or releases, paid invoices and the like) that the Prernises have been returned to the
condition in which they were prior to Buyer's inspections and that all Buyer's agents, servants,
employees, contractors and representatives who have entered upon the Premises for the purpose of
inspection, tests or otherwise have been paid in full so that a lien could not be validly filed against
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the Prernises. The foregoing is not intended to apply to matters created by or resulting from acts
by Seller or their agents, servants, ernployees, contractors and representatives. The provisions of
this subparagraph of numbered paragraph 3 shall survive any termination of this Contract. 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 and obtain a refund of the Deposit (together with any interest
earned thereon), the total of which shall forthwith be paid to Buyer and the parties shall have no
further liability hereunder. 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.
Buyer hereby unconditionally, irrevocably and absolutely assigns to Seller all of Buyer's
rights with respect to any governmental permits or approvals related to the Property, which
assignment shall become null and void and of no further force or effect upon closing, but shall
otherwise remain effective and survive any termination of this Contract. In the event closing fails
to occur for any reason whatsoever, Buyer agrees, promptly on request, to turn over to Seller copies
of all investigations performed in connection with the Premises by or on behalf of Buyer and to
return to Seller all materials and information furnished by Seller to Buyer in connection with the
transaction contemplated by this Contract, all without charge, cost or expense to Seller, and the
provisions of this paragraph shall survive any termination of this Contract.
4. TITLE EVIDENCE: At least thirty (30) days before expiration of the Feasibility
Determination Period, Buyer, at Buyer's expense, shall 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 fifteen (15) 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 reply within ten (10) days after actual
receipt of Buyer's written title objections, if any, stating which objections Seller will cure at or prior
to Closing and those which Seller will not cure. [n the event Buyer timely notifies Seller of any title
objections, Seller may at its option, either: (i) terminate the Contract and return the Deposit to
Buyer, or (ii) attempt to cure the defect, and if necessary, extend the time for Closing for up to 60
days to give Seller time within which to attempt to cure. In the event Seller elects to attempt to cure
the defect, Seller shall have no liability or obligation in the event Seller is unsuccessful in curing
same. Moreover, Seller shall in no event be required to expend any money or institute any legal
proceedings in connection with the curing of any title defects. [n the event Seller does not cure the
defect or Sellcr notifies Buycr in writing that the defect will not bc cured, Buycr may. within fifteen
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(15) days after the receipt of such notice from Seller: (l) accept title in its then existing condition
without reduction of the Purchase Price or cash to close or (2) terminate this Contract and receive
return of its Deposit. If Buyer fails to notify Seller of Buyer's election within said fifteen (15) day
time period, Buyer shall be deemed to have elected to accept title in its then existing condition
without reduction of the Purchase Price or cash to close as provided in this paragraph.
5. RESTRICTIONS. EASEMENTS, AND LIMIT A nONS: 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 the year of closing and subsequent years.
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. Buyer shall address such title defect, if any, in
the same manner as other title defects as set forth in paragraph 4 above. The parties agree that Buyer
may substitute the surveyed legal description of the Property for the legal description contained on
Exhibit "A" for closing purposes.
7. APPRAISAL: Buyer, at Buyer's expense, within the Feasibility Determination
Period, may have the Property appraised by a certified registered Florida appraiser. If said appraisal
does not value the Property for at least the Purchase Price, then Buyer may terminate this Agreement
by notifying Seller in writing on or before the expiration of the Feasibility Determination Period and,
as long as Buyer does so, obtain a refund of the Deposit (together with any interest earned thereon),
the total of which shall be forthwith paid to Buyer and the parties shall have no further liability
hereunder.
8. SELLER REPRESENTATIONS: Seller hereby represents to Buyer based on
Seller's actual knowledge, without investigation:
(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 may be satisfied or 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 is no condemnation, eminent domain, zoning, or other land use
proceeding instituted, or pending on the Property.
(c) That there is ingress and egress to the Property sufficient for its current use.
(d) 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 ofany
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.
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(e) 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.
(f) 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.
(g) Seller has disclosed to Buyer that not all of the Property may be usable
given environmental (wetland) conditions. Theextent to which part of the Property may not
be usable has yet to be determined by the St. Johns River Water Management District or
other applicable government agency. Seller makes no representation or warranty with
respect to the amount of usable acreage. Further, Seller's representations and warranties in
paragraphs 8(a) through (f) are subject to this clause.
Paragraph 8 shall survive the closing.
9. POSSESSION: Seller shall deliver possession of the Property to Buyer at the time of
Closing.
10. CLOSING:
(a) Closing Date: The closing of this Agreement, and the transfer of title and
possession of the Property, shall occur on or before the 120th day after 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. At Buyer's discretion, Buyer may extend the Closing
up to thirty (30) days by providing three (3) days advance written notice to Seller.
(b) Conveyance: Seller shall convey to Buyer marketable title to the Property
by Statutory Warranty Deed; and transfer of licenses, permits, orders, authorizations and
other governmental permissions by Assignment to the extent transferable without any
warranties or representations express or implied.
(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 ofliens or mortgages,
and Closing Statement.
(d) Allocation of Expenses: Buyer shall pay the premium for the owner's
ALTA Owner's Policy 10-17-92 (Florida Modified) Title Insurance Policy, charges for
related title services including but not limited to title or abstract charge, title examination,
and settlement and closing fee, the cost of recording corrective instruments and Florida
Documentary Stamps to be affixed to the Deed. Buyer shall also pay documentary stamps
and intangible tax on any mortgage, mortgagee title insurance commitment with related
fccs, rccording of mortgagc and any financing statcrnents. Buyer shall pay thc cost of
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recording the Deed. Each party shall pay their respective attorney's fees.
(e) Prorations: Real property taxes, special assessments and ad valorem taxes
for the year of closing and any other pro-ratable iterns shall be prorated as of the Closing
Date with due allowance made for maximum allowable discount. All real property taxes,
special assessments and ad valorem taxes for prior years shall be paid by Seller. In the
event the current assessment and mileage are not available, all taxes for the year of Closing
shall be based on the previous years assessment and mileage. If any substantial difference
(i.e., over $500.00 dollars) occurs in the actual tax bills when issued for the year of Closing,
the parties hereto agree to rnake adjustments based on such tax bills when they become
available.
(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 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 potentiallienors 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 Seller, Buyer and Company. If Property has been
improved or repaired within 90 days at the request of and authorization by Seller
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 authorized agent of Company at closing. Following
examination by the agent of the public records of Seminole_County, Florida, from the
effective date of the Cornmitrnent 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 all of which shall occur on or
before closing, the net sales proceeds shall be promptly disbursed to Seller by Company or
the authorized agent of Company at closing.
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(i) Further Acts, etc.: At the closing and up to thirty (30) days 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 irnplement the terms of this Agreement and the closing thereof as long as
said request is consistent with the respective obligations of the parties as set forth in this
Agreement. This paragraph shall survive the closing.
1 I. 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 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
and as Seller's remedy for default, the Deposit paid to the Escrow Agent, shall be paid over
by Escrow Agent to Seller and retained by" Seller as its liquidated damages in full and final
settlement of all claims Seller may have against Buyer for breach ofthis Agreement. In the
event that Buyer defaults, Buyer shall join with Seller in any written request made by Seller
to the Escrow Agent for payment to Seller of the Deposit. Alternatively, Seller may seek
specific performance against Buyer.
(c) Default by Seller: If Seller defaults on its obligation to sell under this
Agreement, without fault on the part of the Buyer, Buyer may terminate this Agreement and
retain the Deposit. Further, Seller shall reimburse Buyer for all actual costs and expenses.
incurred by Buyer in preparing for closing including, but not limited to, costs associated
with the Feasibility Determination, survey costs, title inspection and commitment costs and
appraisal fees, as its liquidated damages in full and final settlement of all claims Buyer may
have against Seller for breach of this Agreernent. In the event that Seller defaults, Seller
shall join with Buyer in any written request made by Buyer to the Escrow Agent for
payment to Buyer of the Deposit. Alternatively, Buyer may seek specific performance
against Seller.
(d) Application of Deposit Upon Default: In the event of a dispute between
Buyer and Seller with regard to whether or not a default has occurred by either party, or to
whorn the Deposit, together with any interest thereon should be transmitted, the Escrow
Agent shall have the rights accorded it hereunder, including the right to interplead the
Deposit, together with any interest thereon, into the registry of the Clerk orthe Circuit Court
of Seminole County, Florida.
12. 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 conternplatcd herein and that there are no fees, or comrnissions due as a result of
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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.
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 ofless 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 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:
consent of Seller.
This Agreement may not be assigned except upon the prior written
17. ESCROW AGENT: BROWN, WARD, SALZMAN & WEISS, P.A., (the "Escrow
Agent"), the recipient of the Deposit hereunder, is authorized and agrees by acceptance thereof to
hold the same in escrow and to disburse it at closing in accordance with the terms and conditions
of this Agreement. In the event it is in doubt as to its duties or liabilities under the provisions of this
Agreement, the Escrow Agent may in its sole discretion, continue to hold the monies which are the
subject ofthe escrow until the parties mutually agree to the disbursement thereof, or until ajudgment
of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit
all the monies then held pursuant to this contract with the Clerk of the Circuit Court of Seminole,
Florida, or such other court having jurisdiction of the dispute, and upon notifying all parties
concerned of such action, all liability on the part of the Escrow Agent shall fully cease and
terminate, except to the extent of accounting for any monies theretofore delivered out of escrow.
In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by
virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent
interpleads the subject matter of the escrow, the Escrow Agent shall be entitled to recover a
reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court
costs in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to
any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to its Escrow,
unless such misdelivery be due and willful breach of this contract or gross negligence on the part
of the Escrow Agent.
18. 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.
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(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,
ifany.
(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: If any 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 Company,
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 as long as the request is consistent with the respective
obligations of the parties as set forth in this Agreement.
(t) 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 frorn the other, in addition to any darnages 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 Agreernent; 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 Agreernent.
(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:
I'ag(; <) of 12
(i)
if to Seller, to:
James D. Hartrnan and Martha R. Hartman
220 Stoner Road
Winter Springs, FL 32708
with copies to:
W. Charles Shuffield, Esquire
Zimmerman, Shuffield, Kiser & Sutcliffe, P.A.
P.O. Box 3000
Orlando, Florida 32802
(ii) if to Buyer, to:
Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
with copies to:
Anthony A. Garganese, Esq., City Attorney
Brown, Ward, Salzman & Weiss, P.A.
r 0 Box 2873
Orlando, FL 32802-2873
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 Agreernent has been subrnitted 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 whorn the waiver is
claimed. A waiver of any covenant, tern1, or condition (or breach thereof) shall not be
deerned 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 adrnit 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
Page 10 or 12
recorded in any public records.
(p) Tvpewritten 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.
19. CONDITION PRECEDENT. Approval of this Agreement by the City Commission of
Winter Springs within 45 days of the Effective Date shall be a condition precedent to the parties
obligations under this Agreement. If the City Commission of Winter Springs does not approve this
Agreement on or before such date, this Agreement shall be terminated and Buyer's deposit shall be
returned to Buyer, at which time neither Buyer nor Seller shall have any further obligations to the
other.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on
the dates accompanied by their respective executions.
-~--:. ~ ~~ ~i _.
3D- HARTMAN, SELLER
CITY OF WINTER SPRINGS, a Florida
municipal corporation, Buyer
By:
Date:
'1-)9.-o{
RONALD W. MCLEMORE
CITY MANAGER
Date:
t~
RTHA R. HARTMAN, SELLER
Date:
;P-/?-c7-wt>>/
"ESCROW AGENT"
The undersigned hereby acknowledges the receipt of the sum of $ as the
Escrowed Funds referred to in this Agreement and hereby agrees to hold and disburse such
Escrowed Funds in accordance with the terms hereof.
BROWN, WARD, SALZMAN & WEISS, P.A.
By:
Anthony A. Garganese, Esq.
Page II () r 12
EXHIBIT" A"
Legal Description
All of Hart mans Industrial Park as platted in Plat Book 32, Page 99, including Lots
1 through 8 and Hartman Lane.
Description
COMMENCE A TTHE SOUTHEAST CORNER OF LOT 2, ENTZMINGER FARMS ADDITION
NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA. SAID POINT BEING ON THE NORTH RIGHT OF WAY
LINE OF OLD SANFORD OVIEDO ROAD. THENCE N 00017' W ALONG THE EAST LINE OF
SAID LOT 2 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING; THENCE RUN
N 70043' W 250.00 FEET; THENCE S 00017' E 250.00 FEET TO THE AFOREMENTIONED
NORTH RIGHT OF WAY OF OLD SANFORD OVIEDO ROAD. THENCE N 70043' W ALONG
SAID RIGHT OF WAY LINE A DISTANCE OF 42.46 FEET; THENCE LEAVING SAID RIGHT
OF WAY LINE RUN THE FOLLOWING COURSES: N 00017' W 250.00 FEET; THENCE N
70043' W 239.80 FEET; THENCE N 02016' W 735.78 FEET; THENCE S 69030' E 563.65 FEET TO
SAID EAST LINE OF LOT 2; THENCE S 00017' E 713.58 FEET TO THE POINT OF
BEGINNING. CONTAINING THEREIN 8.727 ACRES MORE OR LESS.
F:\DOCS\City of Winter Springs\Hartman\Final Contracl.kj
Page 12 of 12
j.
File #AOI-34.VL
Copyright 200 I
A TT ACHMENT NO. 2
A COMPLETE, SUMMARY APPRAISAL
8.11 Gross/5.5 Net Upland Acres of Vacant Land
North Side of Old-Sanford Oviedo Road
At Platted Hartman Lane
Winter Springs, Seminole County, Florida 32708
PREPARED FOR
Mr. Alan Hill
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
DATE OF VALUATION
June 26,2001
DATE OF REPORT
July 3, 2001
PREP ARED BY
PROPERTY VALUATION & CONSULTING, INC.
John A. Robinson, MAr, CCrM
State-Certified General Appraiser
Florida Certi fication #RZ00004l7
Heather R. Lodge
State-Registered Assistant Appraiser
Florida Certification #RIO005528
/
I
I
I
I
PropertIj Valuation & Consulting, Inc.
John A. Robinson, MAl, CCIM
State-Certified General Appraiser #RZOO004 I 7
Heather R. Lodge
State-Registered Assistant Appraiser #RroOOS528
P.o. Box 617048
Orlando, FL 32861-7048
(407) 877-0200
FA.X (407) 877-8222
www.PropertyValue.com
E-mail: pvcjrss@msn.com
July 3, 2001
Mr. Alan Hill
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
RE: 8.11 Gross and Approximately 5.5 Net Upland Acres of Vacant Land
Located on the North Side of Old-Sanford Oviedo Road at Platted Hartman Lane
Winter Springs, Seminole County, Florida 32708
Assessor's ID: 34-20-30-529-0000-0010, 0020, 0030, 0040, 0050, 0060, 0070 & 0080
and 34-20-30-529-0S00-0000
In accordance with the client's request, we have completed an appraisal of the above-captioned property.
The information contained in this report is based on more complete data, analyses and conclusions
retained in our office files.
Nature of the Assignment
We have been requested by the city of Winter Springs to estimate the "as is" market value of the fee
simple estate in the appraised property. The estimated marketing and exposure period for the subject
is 12-18 months.
Purpose and Intcndcd Usc of thc Rcport
In accordance with the client's request, this report has been prepared to provide a basis for acquisition
purposes. It is entirely inappropriate to lIse this report for any purpose other than the one stated.
Furthermore, our appraisal services and related appraisal report have been prepared in accordance with
the requirements of Title XI of thc Financial Institutions Reform, Recovery and Enforcement Act of
1989 ("FIRREA") with respect to real estate related financial transactions, as we understand these
rcq 1I ircll1cnts.
2
Effective Date of the Appraisal
The effective valuation date of the appraisal is June 26, 200 l.
Effective Date of the Report
The effective date of this report is July 3, 2001.
Inspection Date
The property was inspected on June 26, 2001.
Appraisal Development and Reporting Process
This summary appraisal report complies with the reporting requirements as set forth under Standards
Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice ("USP AP") for a Summary
Appraisal Report. As such; it presents summary discussions of the data, reasoning and analyses that
were used in the appraisal process to develop the appraisers' opinion of value. Supporting
documentation concerning the data, reasoning and analyses is retained in the appraisers' file. The depth
of discussion contained in this report is specific to the client's needs and for the intended use as stated.
The appraisers are not responsible for any unauthorized use of this report.
To develop the opinion of value, the appraisers applied one of the three traditional approaches to value
(the sales comparison approach). The sales comparison approach is considered .the only applicable
approach to value for the subject if available for sale on the open market as the property is vacant,
undeveloped land. Therefore, we have performed a complete appraisal process as defined by The'
Appraisal Foundation. The sales comparison approach analyzes recent sales of similar properties as a
basis for comparison with the subject in order to determine an appropriate unit, of comparison for
estimating the subject's market value.
The research tasks performed to estimate the value, as defined herein, involved a thorough search for
comparable land sales suitable for industrial development. Comparable data were researched by
investigations of public records and discussions with local brokers, and local real estate professionals.
The data were verified, in most cases, with other real estate professionals and/or the grantor, grantee,
or their representatives.
This summary appraisal report is a recapitulation of the appraisers' data, analyses and conclusions.
Supporting documentation is retained in the office file.
Properllf Vall/atioll
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Definition of Value and Property Interest Appraised
The value result reported herein reflect the "as is" market value of the subject property.
Market Value can be defined as the most probable price a property should bring in a competitive and
open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is
the consummation of a sale as of a specified date and the passing of title from seller to buyer under
conditions whereby:
(1) Buyer and seller are typically motivated;
(2) Both parties are well informed or well advised, and acting in what they
consider their best interests;
(3) A reasonable time is allowed for exposure in the open market;
(4) Payment is made in terms of cash in United States dollars or in terms of
financial arrangements comparable thereto; and
(5) The price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions granted
by anyone associated with the sale.
The land and improvements were valued as if offered in the open market for a reasonable period of time
in which to find a buyer. The fee simple estate in the property has been appraised. It is assumed the
property is available for development to its highest and best use, free and clear of all liens and
encumbrances.
Fee simple estate is defined as the absolute ownership unencumbered by any other interest or estate,
subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police
power and escheat.
Marketing and Exposure Period
The marketing and exposure period for the subject is estimated at 12-18 months based on sales of similar
properties and discussions with local brokers.
Properllj -l7011l0riOIl
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Sales History
The subject property is currently owned by James D. and Martha R. Hartman. There have been no
known sales, contracts, listings or additional conveyances on the subject property within the last three
years.
Location Description
The subject property is located an within the city limits of Winter Springs in Seminole County, with 40
feet of frontage along the north side of Old Sanford-Oviedo Road. The subject neighborhood is an
established area convenient to State Road 434/419, U.S. Highway 17-92, State Road 427, the Central
Florida GreeneWay, employment centers, schools and shopping. There is a considerable amount of
vacant land available for development in the subject's immediate area. The economic outlook for both
the immediate and long-term future of the Orlando SMSA is favorable due to strong employment and
population growth. The neighborhood is considered to be convenient to most parts of the Orlando area.
The subject's immediate neighborhood is characterized by the industrial development along State Road
419 with primarily single family residential housing south of this roadway. As a result of the convenient
access to major roadways and employment centers, demand for residential development (single-family
homes) is good in the neighborhood. The neighborhood experienced moderate growth from the 1970's
through the present, particularly within the past five to ten years. More jobs have been created in or near
the neighborhood over this time period, resulting in a good demand for housing, both single family and
multifamily.
The subject is specifically located on the north side of Old Sanford-Oviedo Road at platted Hartman
Lane. Direct access to the subject is from Old Sanford-Oviedo Road.
Zoning
The subject is zoned C-2 (General Commercial and Industrial) by the city of Winter Springs. This
district is composed of lands and structures used by a variety of commercial and industrial operations.
The purpose of this district is to permit the normal operation of the majority of industrial uses under such
conditions of operation as will protect abutting residential and commercial uses and abide by the
performance standards of the county, the state and the U.S. government.
Pr"operty Description
Land Size (SF or Acres)
8.11 gross (according to the Seminole County Property
Appraiser's Office)/5.5 net upland acres (estimated by
Kip Lockcuff, Director of Public Works for the city of
Winter Springs and view of aerial photograph)
Propatv -Valflatlon
(.(.
COllsflltill(!. Illc.
5
Shape
Irregular (parallelogram with 40-foot by 250-foot access
strip on the south)
Frontage
40 feet along the north side of Old Sanford-Oviedo Road
Topography
The site has a gentle slope toward the north (toward Lake
Jessup) with approximately 2.61 acres of estimated
wetlands. The remaining 5.5 acres is considered usable
uplands, has been filled, is basically cleared and at or
slightly below road grade.
Drainage
Appeared adequate on the day of inspection
Utilities
The site requires a septic tank to provide sewer and water
is provided by the city of Winter Springs
Florida Power Corporation provides electrical service
BellSouth provides telephone service
. I
Apparent Easements,
Encroachments or Restrictions
No adverse easements, encroachments or restrictions noted
Soil and Subsoil Conditions
Suitable for normal building loads as evidenced by the
surrounding improvements
.1
1
Flood Map Information
According to Flood Hazard Boundary Map No. 12117C 0135 E, effective April 17, 9995. published by
the Flood Insurance Administration of the Department of Housing and Urban Development, the majority
of the subject appears to be primarily located within a Zone "X" (non-shaded) designated area. Zone
"X" (non-shaded) is an area determined to be outside the 500-year flood plain. However, the
northernmost portion of the property appears to lie within Zone "X" (shaded). Zone "X" (shaded) is an
area determined to be within the SOD-year flood plain, with areas of the I DO-year flood with average
depths of less than I foot or with drainage areas less than 1 square mile. A current survey by a registered
engineer is recommended for the purpose of determining the flood zone(s) the subject lies in and whether
or not flood insurance is required.
Asscssmcntrrax Data
The subject property is assessed and taxed by Seminole County and is identified as tax parcels 34-20-30-
529-0000-0010, 0020, 0030, 0040, 0050, 0060, 0070 & 0080 and 34-20-30-529-0S00-0000. The subject
has a total current assessment of $35, 136 and a millage rate of.O 1846425, indicating real estate taxes
Propertv Valuat/on
&.
Consulting. fnc.
6
of $648.76. The assessment appears reasonable compared to other assessments of unimproved land in
the area; however, it is low in relation to our estimate of market value.
Highest and Best Use as if Vacant
The highest and best use of the subject site as if vacant considers uses that are physically possible,
legally permissible, financially feasible, and maximally productive.
The subject site is physically capable of supporting development as evidenced by the surrounding
improvements. However, due to the presence of wetlands on the property (which seem to outline the
property for the most part), development is limited to those areas that contain fill or are natural upland
areas. Since the configuration of these uplands forms a contiguous area for the most part at the center
of the property, the impact of these wetlands is somewhat minimal.
Legally permitted uses include a number of commercial and industrial uses. The subject has limited
exposure, which limits potential commercjal uses, with adequate access.
The use that would be feasible and result in the highest return to the land would be for industrial use due
to the current zoning, physical layout and nearby land uses. Therefore, the highest and best use of the
subject site as if vacant is for industrial use.
Valuation Process
In the appraisal of the subject property, one of the commonly accepted approaches to value was
considered: the sales comparison approach. The sales comparison approach is considered an appropriate
valuation approach for the subject if available for sale on the open market, as the property is currently
vacant land. The sales comparison approach analyzes recent sales of similar properties as a basis for
comparison with the subject in order to determine an appropriate unit of comparison for estimating the
subject's market value.
Land Value
The sales comparison approach was used to estimate the value of the subject site and sales of vacant
industrial zoned tracts will be presented. This process is a method of comparison of the subject property
with recent sales of similar tracts in the subject neighborhood or in comparable areas suitable for
development with an industrial use. Sales were chosen which are the most comparable to the subject
property features including location, zoning, size, and other property characteristics. Adjustments are
made for any major differences between the market sales and the subject property. The indications of
value for the various market sales arc then correlated into a final land/site value estimate for the subject
'PrOperllj -V'a/fiat/oil
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site.
Land Sales
Sales targeted for this analysis were less than IS-acre parcels. The primary sales search was targeted
for recent land sales zoned for industrial use within or near the subject neighborhood. ,All of the
transactions occurred over a period of time from February 1999 through April 2001. The five
comparables varied in size from a low of 1.41 to 13 gross acres and 1.41 to 10.637 net upland acres. The
sales were all purchased for industrial use.
Based upon discussion with local brokers and market participants in the local market, it appears that the
local vacant industrial land market has been relatively stable over the last two years. It was difficult to
extract a conclusive market based adjustment for increase in value over time for the subject
neighborhood/area. Based upon these discussions, it appears that there has been no measurable.
appreciation rate in the subject area over the past several years. No adjustment for change in market
conditions was applied.
The location of the sales in relation to the subject and detailed descriptions of each comparable are
provided in Exhibit D. A land sales adjustment grid follows along with a brief discussion of the
concluded land value.
PrOperllj Valuation
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SUMMARY OF COMPARABLE LAND SALES. 8.11 GROSS ACRES
5ub'ect Sale No. 1 Sale No.2 Sal~ NO.3 Sale NO.4 ! .':;]l~ ~1:J. -i I
Loc.J.tion North side of Old Nonh side of Old Sanford ! South side of Old Wesl side of Lonqwood SOUUl side of I No,../> ';Oe of Ch"'cn I
S.anford..Qviedo Ro.ad .at O.,;edo Rd.. adjacent I Santoro.Ov;eoo Rd. Lak.e Mary P.oad McCrak.en Rd.. east 5<., ..veit ct C~ I
planed Hartm.an Lane 10 east 01 subject . just east of subject NW 01 CR 427 of W. Airpon Blvd. ~ 5/Monroe Ro.
Winter Springs, Seminole Co. VVinter Springs. Seminole Co. I Wll'lter Springs, Seminole County SeminOle County Seminole County S~f':1:r.ole C.Jl:nty t
!
Sale Dlla I Jun..ol May.QO Apr.ol F't>-OO I Sep-CO I F~o-';9 I
Appr:illis...
I
I I I , i
I
Cash Equivalent Sale Price NfA S240,OOO S 160,000 S653,5oo S440.000 1 5.,7,OCC I
(Ad'usted-S1BO,OOO actual oncel i
Gross Siu {Acres} a.lt 7,8 I 1.41 13 10.537 I 7.J5 I
1
1
I I I ,
I I
Gross Siz.e (SF) 353,272 339,768 61,420 565.230 '53.348 320. ~oo I
I
I I I I I I
Net Size (Acres) 5,50 3.24 1.4 1 9.74 :0.537 I 7.:15 I
Y. of Uplands 68"1. 42% 100% 75% 100% I ~OC% I
, ;
Net Upland SI:e (SF) I 2J9.580 141,134 I 61,420 424.274 I J63.~48 I ~~O. ~ 66 I
I ,
Shape Irregular Rectangular Rectangular !fTe~ular Basically Rectangular I RectanlJular i
I
! I
Zoning I C-2, General Commerdal I C-Z. G.meral Commercial I C-2. G~neral Commercial M.~, inOustrial I ;..t-l. industrial I u U'. . l
I ,.IP., .,gn Inten"" I
I dnd Industrial and lnduslIial I ana Industrial :isl:ict :);s:ri~ ?~<J~netj ~~'1eIOpm~nt i
,
I I I i I
Utilities Water only Water only I Water only 'lJa;e,r 3. Saw<'!:r Watu ! S-awer 'Nater e. S~w.]:-
I I
I I : I , I :
Frontage 40' on Old 310' on Old I 150.100' jLongw""o LJ<. Mary Rol \rtcCra;';en Road C;'u~r_' St:-01<;!( j
I Sanford-0viedo Road I Sanford-Qviedo Road I on Sanford-Oviedo Aoad !
Price per Gross Acre NfA S30,769 -, 5113,474 I 550.259 I S.s1.J65 ! t56.735 i
,
I I I ,
Price per Gross SF N/A 50.71 S2.61 51.15 50.95 i )1.:10 I
i
, I
Price per Net Acre N/A >74.074 5113.474 S67.094 541.365 S5d.:::!5 ;
!
I ! i
Price per Net SF NfA S 1.70 52.61 51.54 50.95 I il.JC I
Financino - 0%1 0%1 0% '~~I "'''1
CASH EQUIVALENT SALE P~ICE' SO.71 52.61 I S1.15 50.95 ! ~1. ~~ ;
Conditions ot sale 0'1'. O%T 0% 0'1',1 ';~:I
ADJUSTED SALE PRICE SO.71 52.61 ' 51.15 50.95 ; :; :0,
ADJUSTME.NTS
Mar1(at COnditions
Months Sine., Closin
Net Time Ad'ustmQnt
TIME ADJUSTED SALE PRICE
13
0'1'.
50.71 1
2
0%
S2.61
16
Q'Y.
51,15
~,
u~i
SO.9S I
';3 !
~ ~ .:: ;
Phvskal Ad'ustments
location 0%1 0% 0% 00/,' J",
Size (land Area' 0% .20% 5%1 0'1'./ :....i
% of UOIands 15% .20% 0'1'. .20~' -':-:":'
AccesslShaoolUlilitv .5'1'. .5% 0'1'. 0,," .il',
Utilities 0% 0'1'. .5% .5%1 .:. ;.~;
lonlna O'!'. 0% 0% O~I :,......:
Net Ph....sical Ad'ustmentl 10% -45,.. 0% .;:5'101 ':::'..;
INDICA TED UNIT VALUE PER GROSS SF 50.76 S 1,"3 51.15 50,~' J', ,.
Nel U and Acrea e Anal SIS
TIME ADJUSTED SALE PRICE (PER NET SF)
Nel Pn sica. Act"uIlmanls eltCludln Wetlandl dd ustmentl
INDICA Tr:D UNIT VALUE PER NE T SF
51.10
.5....
SI.62 1
52.61
.25%
S'.95
51.54
0%
S1.S"
50.95 I
.~'I
50,90 ;
.1i):',1
~ 1 "7 ;
Value/SF EstImate:
353,272 Gross SF
239,580 Nol SF
@ S 1.00 Per Gross SF
@ S 1.45 Per Net SF
S353,272
S347,391
SJ50,OOO
Correlated Valu6 Condusion:
9
After making adj ustments for all meaningful items of comparison, the land sales reflect a range of value
from $0.71 to $1.43 per gross square foot and $0.90 to $1.95 per net square foot. Approximately equal
weight was placed on each of the sales, as they were all purchased for similar uses as the subject and
located in similar areas. Consideration of all pertinent information results in a value of $1.00 per gross
square foot and $1.45 per net upland square foot for the subject land. Therefore, the value of the subject
land via the sales comparison approach is calculated as follows:
353,272 Gross SF @ $1.00/Gross SF = $353,272
u
239,580 Net SF @ $1.$5/Net SF = $347,391
Correlated Value Conclusion $350,000
Propatv 17alllartoll
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Reconciliation
In the final determination of market value, the sales comparison' approach was the only applicable
approach to value. Based upon the investigation summarized and the premise defined herein, the "As
Is" Market Value of the Fee Simple Estate in the property appraised as of June 26, 2001 is estimated to
be:
THREE HUNDRED FIFTY THOUSAND DOLLARS
($350,000).
Our appraisal serVIces and related appraisal report have been prepared in accordance with the
requirements of Title XI of the Financial Institution's Reform, Recovery and Enforcement Act of 1989
("FIRREA") with respect to real estate related financial transactions, as we understand these
requirements. Our appraisal services and related appraisal report have been designed to conform to
USP AP. This report was prepared in accordance with, and is subject to, our Assumptions and Limiting
Conditions and General Service Conditions, which are attached to and form an integral part of this
report.
No investigation was made of the title to or any liabilities against the property appraised.
Respectfully submitted,
PROPERTY VALUATION & CONSULTING, INC.
~~~CCIM
State-Certified General Appraiser
License No. RZ0000417
Heather R. Lodge
State-Registered Assistant Appraiser
License No. RlO005528
July 3, 2001
Job !tAO 1-34. VL
Propary -/Jafllat/on
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