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Home My WebLink About1017-Philip Ness-Right of Use Lowndes Drosdick me Doster Kantor Q Reed, PA. A T T O R N E Y S A T L A W f C C' (V - i ') I'I JON C. YERGLER Q �f�CC90WFr S i f 1 ; DIRECT DIAL:407 -418 -6332 i I NORTH EOLA DRIVE OFFICE 1 � �� I POST OFFICE Box 2809 N !/ /1R 2 M I ORLANDO, FLORIDA 32502 -2809 ex U jorLyergler@low des- law.ccm a 0 N 111 MERITAS LAW FIRMS WORLDWIDE April 21, 2004 ,d•. ��o�ce fl \ce��o� Mr. Al Grieshaber, Jr. City Manager o, tt` City of Sanford P.O. Box 1788r Sanford, Florida 32772 -1788 Co �� tp2 _Siz3� -00 oc��c�al f Re: Philip J. Ness -City of Sanford, Florida Option to Purchase/Right of Use Letter of Agreement Dear Mr. Grieshaber: This law firm has the pleasure of representing Mr. Philip J. Ness. I met with Mr. Ness and reviewed with him the Right of Use Letter of Agreement dated April 14, 2004 which you had sent to him in connection with property he owns in Sanford, Seminole County, Florida. After our discussion and review, Mr. Ness determined that your proposed Agreement was acceptable to him. Enclosed herewith is a counterpart of your April 14, 2004 letter which contains an original signature of Mr. Ness. Please note, for your records, that the property is actually owned by Philip J. Ness, Trustee. Please forward the $1,000 option payment directly to Mr. Ness at his address set forth in the letter. Thereafter, any communication, correspondence or other notice to or contact with Mr. Ness should be forwarded to my attention and I will make sure it gets to him. On behalf of Mr. Ness, we look forward to working with you on this matter. rs, JCY!mxs Enclosure c. Mr. Philip J. Ness (wienclosure) 0099994 \045126\740265 \1 215 NORTH F.OLA DRIVE 450 SOUTH ORANGE AVENUE, SUITE 800 ORLANDO, FLORIDA 3 ?801 -2028 TEL . 407 - 843- 4600-FAx: 407 - 843 -4444• www.lo"des- law.cam ORLANDO, FLORIDA 32801 -3344 CPITY COMMISSION MAYOR Brady Lessard DISTRICT I Art Woodruff DISTRICT 2 Velma H. Williams DISTRICT 3 Rand Jones DISTRICT 4 Kevin Hipes C ity of S anfor d , Florida P.O. Box 1788 • 32772 -1788 • (407)330 -5607 • (407)330 -6616 Facsimile Office of the City Manager April 14, 2004 Mr. Philip J. Ness 3207 Westridge Boulevard Orlando, Florida 32822 SUBJECT: Option to Purchase / Right of Use Letter of Agreement Dear Mr. Ness: I� . x 07 N IY CL Q Q O O N Thank you for meeting with me on March 10, 2004. I enjoyed our visit and appreciate your cooperation. I apologize for taking so long to respond. I drafted this letter after our conversation. If I have misstated anything, please correct me. It is not done intentionally. If corrections are needed, we can do so. So, please allow me to take a shot at what is, I believe, our agreement. As I stated earlier, do hesitate to correct me. The purpose of this letter of agreement is to specify the terms and conditions relating to real property located at Tax Parcel Indentification Number 35- 19 -30- 300 -034B -0000 (380, 714 sq. ft., + / -) and generally located on West 25 Street between Hardy Avenue and the old railroad right -of -way on the West and Country Club Road on the North. See Exhibit A for a graphic outlining the parcels and corresponding records from the Seminole County Property Appraisers Office. Upon execution of this letter a One Thousand Dollar ($1000.00) option payment shall be paid to you. This letter of agreement grants the City of Sanford the right to purchase, and right to use, the subject property during the period from the date you execute this letter of agreement until June 30, 2005. The purchase price is $1,100,000.00 (One Million One Hundred Thousand Dollars). " ne Friendly City" Phillip J. Ness Page 2 4/14/04 During the period this letter of agreement is in effect, the City of Sanford may obtain such studies, investigations, and other evaluations, at its expense, to further and implement applications and award processes in order to obtain funding for the potential purchase of the subject property. During said period, the City through its authorized agents, employees and/or independent contractors, may enter upon the subject property at all reasonable times to perform the investigations, studies and evaluations. To the extent permitted by law, the City agrees to indemnify and hold you harmless against all liens (whether common law or statutory), claims, demands and causes of action, including reasonable attorney's fees at the trial level and in any appellate proceeding, for non - payment of labor, services, or materials rendered at the direction of the City in connection with the completion or conduct of the investigations, studies and evaluations. This letter of agreement is not the result of the work of any Realtor, Broker or finder concerning the subject property. If the City of Sanford elects to exercise its option under this letter of agreement, a purchase and sale agreement with typical terms and conditions used in Seminole County, Florida, shall be written and the closing shall occur. This future agreement shall be drafted by and the transaction shall be closed in the offices of the Closing agent, Stenstrom, McIntosh, Colbert, Whigham, Reichsmann & Partlow, P.A., 200 West First Street, Sanford Florida. Thank you for your assistance and cooperation. The City of Sanford looks forward to working with you in the future. Sincerely, Al Grieshaber, Jr. City Manager Phillip J. Ness Pa 3 4/1 Signed, sealed and delivered in AGREED TO BY: the presence of: PHILIP J. NESS , 1 s rQE - Signature � --°-- Printed Name 1�; I A � s nted Name STATE OF FL M-0 A ) COUNTY OF h �4, ThA foregoing instrument was acknowledged before me this 2D — day of n I _ 2004. by Philip J. Ness, who is personally known to we "who AG /acd Attachment - Exhibit A ..... Ton C Yergler .__ MY COMMSSION# CC985478 EXPIRES December 3,2D04 BONDED THOU TROY TAW WSURANCE, WC. (AO.i- Word)aNU t N40"- Property use Printed/Typed Name CALL: OWNER /BROK1 (407) 658 -0306 WRITE: P. J. Ness, 3207 Westridge Blvd., Orlando, Fl. 32822 I Country Club Road / (Not included) 90' 125' 166 - -� - -- - - - --I 5 Acres of West 25th Street - Rt. 46A v C; v v H N S AL GRIESH - Ness Property - W 25th S Page 1 From: RUSSELL GIBSON To: AL GRIESHABER Date: 3/1012004 3:57:18 PM Subject: Ness Property - W. 25th Street Tax Parcel Number 35- 19 -30- 300 -0346 -0000 Property Owner Philip J. Ness, Trustee Owner Address 3207 Westridge Boulevard, Orlando Florida 32822 Owner Phone Number (407) 658.0306 Legal Description (per Seminole County Property Appraiser): LEG SEC 35 TWP 19S RGE 30E THAT PT OF SE 1/4 OF SW 1/4 + S 801.86 FT OF W 1/2 OF SW 1/4 OF SE 1/4 LYG E OF RY *LESS BEG SW INT OF COUNTRY CLUB RD + HARDY AVE RUN W 278.55 FT S 36 DEG 17 MIN W 173.67 FT E 166.16 FT N 15 FT E 215 FT N 125 FT TO BEG) Parcel Size (per Seminole County Property Appraiser 8.74 acres (approx. 380.714 square feet)