HomeMy WebLinkAbout1898 Martin & Valerie Grosso: NW corner S. Cameron Ave & KentuckyMARTIN & VALERIE GROSSOICITY OF SANFORD
OPTION CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT for Sale is made on thisZ-2- day of January, 2018 is made by and
between:
Martin M. Grosso and Valerie G. Mann -Grosso, hereinafter referred to as the "Seller",
whose address is 5201 Wayside Drive, Sanford, Florida 32771;
the City of Sanford, Florida, a municipal corporation, whose address is 300 North Park
Avenue, Sanford, Florida 32771, hereinafter referred to as the "City".
1. Purchase Contract. The Seller agrees to sell and the City agrees to buy
the Property described in this Contract.
2. Property. The Property to be sold consists of (a) the land and all the buildings,
other improvements and fixtures on the land; (b) all of the Seller's rights relating to the
land and associated interests; and (c) all personal property associated with the land. The
land and all associated property and property interests are referred to herein as the
"Property". The real property to be sold is:
Seminole County Parcel Identification Number: 03-20-31-5AY-0000-068A. (See
attached Exhibit A- Seminole County Property Appraiser Web site data sheet printout.
Locationladdress. Vacant land at Northwest corner of South Cameron Avenue and
Kentucky Street totaling 2.2 acres, more or less.
Legal Description (as shown on Seminole County Property Appraiser Web site): The
East 1/4 of Lot 68 (Less Road), SANFORD CELERY DELTA, Plat Book 1, Pages 75 —
76.
3. Purchase Price. The purchase price is $125,000.00.
4. Payment of Purchase Price. The City will pay the purchase price as follows:
Previously paid by the City (option deposit). $100.00
Upon signing of this Contract (balance of deposit). $ 0.00
Amount of mortgage. $ 0.00
Contract -Lender Mortgage Funding) (see paragraph 6 $ 0.00
for mortgage contingency).
Page 1 of 10
By the Seller taking back a note and mortgage. $ 0.00
Balance to be paid at Closing of title, in cash or by
certified or bank cashier's check subject to adjustments $124,900.00
at Closing).
5. Option Deposit Moneys. The $100.00 option deposit set forth herein shall, upon
payment by the City to the Seller, not later than five (5) business days from the date of
delivery of the Seller signed original of this option agreement to the City, shall then
obligate the Seller to leave the offer set forth herein open to the City to accept by
execution of this Contract on or before the 31 st day of January, 2018. Said sum shall be
the property of the Seller if the City elects not to exercise the option to purchase, but
shall be credited to the City at a Closing.
6. Mortgage Contingency. None.
7. Time and Place of Closing. The Closing date will occur on or before the
28th day of February, 2018. Both parties will fully cooperate in order for the Closing to
be fully accomplished, on or before the established Closing date. The Closing will be
held at the office of the City's City Attorney. Time is of the essence in the performance of
this Contract. The parties agree that they shall diligently and expeditiously pursue their
respective obligations set forth in this Contract.
8. Transfer of Ownershiplinsurance, Etc. At the Closing, the Seller will
transfer ownership of the Property to the City. The Seller will provide to the City a
properly statutory warranty deed with the covenant of further assurances and an
adequate affidavit of title as well as all other documents necessary to perfect title in the
City. The City shall procure issuance of a title insurance commitment, issued through the
law firm of Stenstrom, McIntosh, Colbert, & Whigham, P.A., acting as issuing agent
("Closing Agent") for a qualified title insurer agreeing to issue to the City upon recording
of the deed to the City, a fee owner's policy of title insurance (ALTA Form) in the amount
of the purchase price of the Property subject only to the Permitted Exceptions (as
hereinafter defined) and the so-called "Standard Exceptions" contained on the inside
jacket cover of the standard ALTA Form of Commitment; said commitment shall provide
that said Standard Exceptions will be deleted by the title insurance company upon
furnishing to the issuing agent a Lien, Possession and Encumbrance Affidavit in the
customary form (and the Seller agrees to furnish such Affidavit at and as a part of the
Closing) and a current survey and surveyors report (on the prescribed company form;
said survey and surveyor's report to be furnished by the City at the City's expense). The
City shall have until 5 business days from receipt of the Title Commitment within which to
review the Title Commitment and to notify the other party of such reasonable written
objections as they may have to matters set forth in the Title Commitment and the surveys
which materially affect the feasibility of the contemplated use. In the event any such
objections are made by either party, the parties shall have a period of thirty 30 days (or
longer if so extended in writing by both parties) from the receipt of the same in order to
cure such objections. Failure to cure the objections to the satisfaction of the other party
Page 2 of 10
shall give the objecting party the right to: (1) Waive the title objections and close the sale
and purchase; or (2) Terminate this Contract and obtain a refund of all payments
including the option payment delivered to the Seller by the City, in which event all rights
and obligations between the parties shall be null and void. The search fees or Title
Commitment fees and premium for the Title Insurance Policy shall be paid at the Closing
by the Seller. Any instrument, assurance or deposit made or given in order to cure a
defect in title shall be in such form, on such terms, under such conditions and in such
amount as may be reasonably required by the title insurance company insuring title to
satisfy said company sufficiently for it to ascertain and accept the facts and/or omit (or
insure over) any exception to title not permitted under this Contract. The Seller shall pay
for the cost and recording of any corrective title instruments and for State documentary
stamps (if any) affixed to the deeds of conveyance. The City shall pay the cost of any
surveys, tests or evaluations that it may commission, any environmental audit reports
that it may commission, and the cost to record the warranty deed, as aforesaid. The
Seller shall pay the cost of the title search, lien search and the premium for the owner's
title insurance policy.
9. Type of Deed; Representations of the Seller; Closing Documents. The Seller
agrees to provide and the City agrees to accept a statutory warranty deed with covenant
as to grantor's acts and the covenant of further assurances and as necessary to vest
insured title in the City. The Seller agrees to convey title to the Property free and clear of
all liens and leasehold interests (except Permitted Exceptions and those liens which can
be and shall be removed at Closing) and that it can convey the same without the joinder
of any other persons or entities. The Seller has no notice or information of any litigation
or administrative proceeding threatened or pending against the Property or the Seller's
interest in it. The Seller covenants that the Seller has no or information indicating the
presence of hydrocarbons, hazardous wastes, toxic materials, asbestos, environmental
contamination or environmental pollutants on the Property and shall not cause or
authorize any of the same to be introduced to the Property while this Contract is in force.
While this Contract is in force, the Seller shall not, without the consent of the City,
execute any easements or restrictions or otherwise take or permit any action that would
constitute an exception under the Surveys, Title Commitment or Title Policy, or any other
matter. Should any representation by the Seller herein prove false as set forth in this
Section, the City shall be entitled to terminate this Contract, in which event all rights and
obligations hereunder shall terminate. All representations contained in this Section shall
survive for 6 months subsequent to the Closing, but the Seller shall have no obligations
to the City relative to any changes in the condition of the Property during this post
closing time period. The parties further agree to execute and deliver such other
documents at Closing as are typical in a real estate transaction.
10. Personal Property and Fixtures. The Property shall be conveyed will all
personal property and fixtures as may be located on the Property.
11. Physical Condition of the Property. The Property is being sold "AS IS". The
Seller does not make any claims of promises about the condition or value of any of the
Property included in this sale except as set forth in this Contract. The City has inspected
Page 3 of 10
the Property, or may inspect the Property during the inspection period, and relies on
this inspection and any rights which may be and statements of the Seller as provided for
elsewhere in this Contract. The Seller agrees to maintain the grounds, buildings and
improvements on the Property in the condition found on the date of this option
agreement, subject to ordinary wear and tear.
12. Inspection of the Property. The Seller agrees to permit the City to inspect
the Property at any reasonable time before the Closing. The Seller will permit access for
all inspections provided for in this Contract. The City may terminate this Contract on or
before the end of the inspection period (which expires on 11.59 p.m. on February 15,
2018) if it determines that the Property is not suited for its purposes in its sole discretion
in which case the parties shall be released from each other in all matters relating to the
acquisition of the Property and shall have no duty or liability one to another of any type or
nature whatsoever.
13. Building and Zoning Laws. None applicable.
14. Flood Area. The Federal and State governments have designated certain areas
as "flood areas". This means they are more likely to have floods than other areas. The
City will evaluate this matter during the inspection period.
16. Property Lines. The Seller states that, to the best of Sellers knowledge, all
buildings, driveways and other improvements on the Property are within its boundary
lines. Also, no improvements on adjoining properties extend across the boundary lines of
the Property.
16. Ownership. The Seller agrees to transfer and the City agrees to accept
ownership of the Property free of all claims and rights of other except for:
(a). the rights of utility companies to maintain pipes, poles, cables and wires
over, on and under the street, the part of the Property next to the street or running to any
house or other improvement on the Property;
(b). recorded agreements which limit the use of the Property, unless the
agreements: (1) are presently violated; (2) provide that the Property would be forfeited if
they were violated; or (3) unreasonably limit the normal use of the Property as
contemplated by the City;
(c). all items included in Schedule A, if attached, as part of the description of
the Property.
In addition to the above, the ownership of the City must be insurable at regular rates by
any title insurance company authorized to do business in the State of Florida subject
only to the above exceptions.
Page 4 of 10
17. Correcting Defects. If the Seller does not comply with paragraphs 15 or 16
of this Contract, the Seller will be notified and provided with 15 days to make it comply.
If the Seller still does not comply after that date, the City may cancel this Contract, or
give the Seller more time to comply.
18. Termite Inspection/Radon Gas/Mold/Condition Of The Property. The City
shall evaluate such matters during the inspection period.
19. Risk of Loss. The Seller is responsible for any damage to the Property,
except for normal wear and tear until the Closing. If there is damage, the City can
proceed with the Closing and either:
(a). require that the Seller repair the damage before the Closing; or
(b). deduct from the purchase price a fair and reasonable estimate of the cost
to repair the Property.
20. Cancellation of Contract. No additional provisions.
21. Assessments for Municipal Improvements. Certain municipal improvements
such as sidewalks and sewers may result in the municipality charging property owners to
pay for the improvement. All unpaid charges (assessments) against the Seller for work
completed before the Closing and which are not paid in installments as a portion of the
regular annual real property taxes will be paid by the Seller at or before the Closing. If the
improvement is not completed before the Closing, then only the City will be responsible.
If the improvement is completed but the amount of the charge (assessment) is not
determined, the Seller will pay an estimated amount at the Closing. When the amount of
the charge is finally determined, the Seller will pay any deficiency to the City (if the
estimate proves to have been too low), or the City will return any excess to the Seller (if
the estimate proves to have been too high).
22. Adjustments at Closing. The City and the Seller agree to adjust the
following expenses as of the Closing date: rents, municipal water charges, sewer
charges, taxes, interest on any mortgage to be assumed and insurance premiums. If the
Property is heated by fuel oil, the City will buy the fuel oil in the tank at the Closing date.
The price will be the current price at that time as calculated by the supplier. The City or
the Seller may require that any person with a claim or right affecting the Property be paid
off from the proceeds of this sale.
23. Possession. At the Closing the City will be given sole and exclusive
possession of the Property. No tenant will have any right to the Property unless
otherwise agreed in this Contract.
24. Complete ContractThis Contract is the entire and only agreement between the
City and the Seller. This Contract replaces and cancels any previous agreements
between the City and the Seller. This Contract can only be changed by an agreement in
writing signed by both City and the Seller. The Seller states that the Seller has not made
Page 5 of 10
any other Contract to sell the Property to anyone else. The Seller has an agreement to
pay a Florida licensed real estate broker a real estate commission, including separate
fees, which the Seller shall bear the sole responsibility for the fulfillment of this
agreement. The City is not responsible for any real estate broker commissions, or fees,
in this transaction which may be due any current and active Florida licensed real estate
broker, except for The Triece Company, as set forth in a separate contract for
professional real estate broker services.
25. Remedies Upon Default.
(a). If the purchase and sale of the Property contemplated hereby is not
consummated in accordance with the terms and conditions of this Contract due to
circumstances or conditions which constitute a default by the City hereunder, the Seller's
sole and exclusive remedies hereunder shall be retainage of the Option Payment
previously paid by the City.
(b). In the event of a default by the Seller under the terms of this Contract that
is first discovered by the City prior to the Closing and is not cured by the Seller as
provided hereunder, the City's sole and exclusive remedies hereunder shall be either to
(i) terminate this Contract or (ii) seek specific performance of the Seller's obligations
under this Contract.
26. Parties Liable. This Contract is binding upon all parties who sign it and all
who succeed to their rights and responsibilities. The signatories to this Contract
represent that they have 'the authority to execute this Contract and bind the respective
parties hereto as set forth in this Contract.
27. Notices. Any notices, requests, demands, tenders and communications
hereunder shall be in writing and may be served (i) by depositing same in the United
States mail, addressed to the party to be notified, postage prepaid and registered or
certified with return receipt requested; (ii) by recognized overnight, third party prepaid
courier service (such as Federal Express); (iii) by delivering the same in person to such
party; or (iv) by successful transmission by electronic mail or telecopy. Any notice or
other communication mailed as aforesaid shall be deemed effectively given (x) on the
date and time of delivery if personally delivered or sent by electronic transmission or
telecopy, (y) on the date and time delivered if sent by courier service, or (z) on the date
and time indicated on the return receipt if mailed. Either party may change its address for
notices by giving notice to the other as provided below.
The addresses for notices are as follows:
If to The City: Bill Marcous
Utility Manager
City of Sanford
City Hall
300 North Park Avenue
Page 6 of 10
Sanford, Florida 32771
With copy to: Lonnie N. Groot, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane
Suite 4000
Lake Mary, Florida 32746
If to Seller Martin M. Grosso and Valerie G. Mann -Grosso
5201 Wayside Drive
Sanford, Florida 32771
28. Additional Provisions. The provisions of this Contract shall bind and
inure to the benefit of the heirs, personal representatives, successors and assigns of the
parties. This Contract shall be governed by, and construed and enforced in accordance
with, the laws of the State of Florida. In connection with any litigation, including, but not
limited to, appellate proceedings, arising out of this Contract, the prevailing party shall be
entitled to recover all legal charges, expenses, costs and reasonable attorney's fees.
Venue for any dispute shall be in the Eighteenth Judicial Circuit Court in and for
Seminole County, Florida. The section headings herein contained are insetted for
convenience of reference only and shall not be deemed to be a part of this Contract; they
shall be ignored in construing this Contract. The fact that one of the parties may be
deemed to have drafted or structured any provision hereof shall not affect the
interpretation of this Contract and this Contract is the result of bona fide arm's length
negotiations by and between the parties and, accordingly, the fact that one or another
party drafted this Contract, or any part of it, shall not be considered in construing the
particular provision either in favor of or against such party. Both parties have contributed
substantially and materially to the drafting of this Contract. This Contract may be
executed by the parties in any number of counterparts, each of which shall be deemed
an original, and all such counterparts shall be deemed one and the same Contract. In the
event this Contract is executed in counterparts, the effective date of this Contract shall
be determined with reference to the date of the last execution of any of the counterparts.
29. Brokers and Commission.
(a)- Except as specifically set forth in Sections 24 and 29(b) hereof, if
so shown, the Seller and the City each represent and warrant to the other that neither
has employed, retained or consulted any other properly licensed Florida real estate
broker, agent, or finder in carrying on the negotiations in connection with this Agreement
or the purchase and sale referred to herein, and the Seller and the City shall each
indemnify and hold the other harmless from and against any and all claims, demands,
causes of action, debts, liabilities, judgments and damages (including costs and
reasonable attorneys' and paralegals' fees suffered or incurred in connection with the
enforcement of this indemnity, whether or not an action is commenced, whether incurred
before, during or after trial, or upon any appellate level, or in arbitration, mediation, any
administrative proceeding or any proceeding in bankruptcy or insolvency,) which may be
Page 7 of 10
asserted or recovered against the indemnified party on account of any brokerage fee,
commission or other compensation arising by reason of the indemnitor's breach of this
representation and warranty. Section 24 and 29(a) shall survive the Closing or any
termination of this Contract.
(b)- The Seller and the City acknowledge that Elizabeth Rose Weekley,
of Winter Park Land Company, who represents herself to be a current active Florida
licensed real estate broker ("Seller's Broker"), is only acting as the Broker for the Seller.
In the event the Closing is consummated, but only if such sale is consummated, the
Seller will direct the Closing Agent to distribute a commission to the Seller's Broker.
SIGNED AND AGREED: (SIGNATURE PAGES FOLLOW):
Page 8 of 10
WITNESSES/ATTEST.
,K_VitnE�ss # 1 Signatu
I Y, 7'r-lve'441
Witness # 1 Printed Name
Witness # 2,Signature
Witness # 2 Printed Name
STATE OF FLORIDA
COUNTY OF SEMINOLE )
MARTIN M. GROSSO AND VALERIE
G. MANN -GROSSO
4/0
Martin M. Grosso
Date: 2- -
Valerie G. Mann -Grosso 0
Date: _,20�I d(,
ACKNOWLEDGEMENT
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Martin M. Grosso and
Yale rie G. Mann -Grosso 0 who are personally known to me or r9l'�Iho produced
as identification and acknowledged before me that they
executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
)_'!t1day of DeGenrbeT—,A. D. 20-1-7-..,
A F
AQ
`q v\ Notary Public; State of Florida
(Affix Notarial Seal)
Printed Namea
DANIELLE R. LAVERDE
MyCOMMISSION #GG06504`I
EXPIRES: March 26,2021
S&WW 7hru Notary Pd* UrdOvft"
SIGNATURE PAGE FOLLOWS:
Page 4 of 10
Attest:
Cynt1qa Porter, City Clerk
Approved as to form and legal sufficiency.
Willia r L. Colbert City Attorney
City Of Sar
B
Jeff Triplett,
Date: 1--2
Page 10 of 10
SCPA Parcel View: 03-20-31-5AY-0000-068A V1
EANIBIT
Property Record Card
c.
Parcel: 03-20-31-5AY-0000-068A
Owner: GROSSO MARTIN NI & MANN -GROSSO VALERIE G
scco rv:nr Property Address: KENTUCKY AVE SANFORD. FL 32773
t
12/13/17, 8:24 AM
Parcel Information
Value Summary
Book
Page
i Amount
Parcel 03-20-31 5AY 0000-068A
Save Our Homes Adj $0 $0
2018 Working
12017 Certified !
058009
_ ...... .... _.------ . __ _......____.__.__.... ..... . _------------
Owner' GROSSO MARTIN M & MANN -GROSSO VALERIE G
_._
_ .___..______�_L_
;Values
`Values
SPECIAL WARRANTY DEED
_._._. _...____.. ____ ______.__ __,._..,______. _
. Valuation Method
Cost/Market
Cost/Market j
I Assessed Value $28,938 $28,938
_._-_..�._._. _.._. __._... ... ......... ... ._-_... _. ._. -_._._....._._._
1
Property Address KENTUCKY AVE SANFORD, FL 32773
- -
Tax Amount without SOH $422.26
05648
�{
__._ - -- __.._. ..... .,. ,. _._ ____ _-__. .
Number of Buildings
0
0 1
1/1/1973
Mailing 5201 WAYSIDE DR SANFORD, FL 32771
j !I
$5,300
Does NOT INCLUDE Non Ad Valorem Assessments
__._ __ _....____._._._.._.._..-___.__.�. __.._..
Depreciated Bldg Value
Seminole County GIS
E 114 LOT 68 (LESS RD)
Subdivision Name SANFORD CELERY DELTA
SANFORD CELERY DELTA
PB 1 PGS 75 + 76
- Depreciated EXFT Value
_
Taxes
Tax District 01 -COUNTY -TX DIST 1
Taxing Authority
Assessment Value Exempt Values Taxable Value
County General Fund
$28,938 $0
Land Value (Market)
$28,938
$28,938 #,
$28,938
DOR Use Code 00 -VACANT RESIDENTIAL
$28,938 $0
$28,938 y
Road District .. _.
_ . .. __... $28,938.. _....... $0
$28,938
Land Value Ag
$28,938 $0
$28,938
Exemptions
------ _ ... __.._ _ .... _ .. __
JustlMarket Value —
$28,938
$28,938
Sales
Description
Portability Adj
Book
Page
i Amount
Qualified
Save Our Homes Adj $0 $0
CORRECTIVE DEED
7/1/2005
058009
0847
Amendment 1 Adj $0 $0
No
Vacant
SPECIAL WARRANTY DEED
2/1/2005
P&G Adj $0 $0
0110
I.E---
I Assessed Value $28,938 $28,938
_._-_..�._._. _.._. __._... ... ......... ... ._-_... _. ._. -_._._....._._._
1
Vacant
I
-----.
Tax Amount without SOH $422.26
05648
�{
2017 Tax Bill Amount $422.26
No
Vacant
Tax Estimator
1/1/1973
!
i
i Save Our Homes Savings: $0.00
$5,300
i
i
Does NOT INCLUDE Non Ad Valorem Assessments
Legal Description
Seminole County GIS
E 114 LOT 68 (LESS RD)
SANFORD CELERY DELTA
PB 1 PGS 75 + 76
_
Taxes
Taxing Authority
Assessment Value Exempt Values Taxable Value
County General Fund
$28,938 $0
$28,938
Schools
$28,938 $0
$28,938
Fire
$28,938 $0
$28,938 y
Road District .. _.
_ . .. __... $28,938.. _....... $0
$28,938
SJWM(Saint Johns Water Management)
$28,938 $0
$28,938
Sales
Description
I Date
Book
Page
i Amount
Qualified
j Vac/Imp
CORRECTIVE DEED
7/1/2005
058009
0847
$100
No
Vacant
SPECIAL WARRANTY DEED
2/1/2005
05648
0110
$80,000
Yes
Vacant
QUITCLAIM DEED
12/1/2004
05648
010-7
$100
No
Vacant
WARRANTY DEED
1/1/1973
00998
1773
$5,300
Yes
Vacant
http://parceldetail.sepafl.org/ParcelDetailInfo.aspx?PID=0320315AY0000068A Page 1 of 2
SCPA Parcel View:03-20-31-5AY-0000-068A
12/13/17, 8:24 AM
No Permits
Extra Features
Description 1 Year Built Units } Value j New Cost
No Extra Features
http://parceidetaii.sopafl.org/ParcelDetaillnfo.aspx?PID=0320315AY0000068A Page 2 of 2
CHECK NO. 177898
DATE ACCOUNT PROJ PO # RETAINAGE INVOICE
01/02/2018 451-4520-536.49-00 OPTION DEPOSIT
MARTIN M GROSSO AND
AMOUNT
100.00
******100.00
CHECK NO. 177898
DATE ACCOUNT PROD PO # RETAINAGE INVOICE
01/02/2018 451-4520-536.49-00 OPTION DEPOSIT
MARTIN M GROSSO AND
AMOUNT
100.00
******100.00
p �}
NiSiORiC WECLSFA116 q 63-2 CHECK NO. 177090
WAYERfR01TGATEWAYCity of'Sanford 63Q
O Accounts Payable
Sanford, FL 32771
" r... rn+ r f 9 ^x.+`" •K7�"? ., ,,.�, ,..y.�y is c:v •s ;y'n, •h01 < k
4.y..:{;t} ., ..,�. :x:K: :f" +.i: art}•�••�: az^:fs;•r:t� .;:>:. ;.1 t•:•:c.: e.^•.: t:'•r{rs';..L:.:; ...$:;.......I .`w•�. :'t,..: $'x?,Ui.f.
"t•..'Si.k.'{a.4s"a:.'•:.^„�>.5.'"ai•,'Sfz'.'x�'eta»Saic;:&�::.�'r..',,.vsi•':�",..�'§:i.�.cr.•.cb:.::,n..::..h...o::5.•.fi•:,t:,:;:•:>:�,.•,.d•.:w�• .r'.w.v.••...r :•.,•.ya`.J.Sx`
'4' oRIoA9999999 01/02/2018 $********100.00
PORATED
PAY THEE ONE HUNDRED AND 00/100 DOLLARS.
SUM OF
MARTIN M GROSSO AND MAYOR
VALERIE G MANN -GROSSO
TO THE
�.n
ORDER
j OF
8 �f�
- .BORDER CONTAINS 61CROPfl�NTiNG
- J
11' L??89811' is
12 1,0002481: 20000 L44?083 L1i'