202-Howell Place of Sanford, Pilot Agreement
Stenstrom. McIntosh. Julian. Colbert & Whigham. r A.
Attorneys and Counsellors at Law
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Douglas Stenstrom
William L.Colbert
Kenneth W. Mclntosh Ned N,Julian.Jr.
frank C. Whigham Clayton D. Simmons
Thomas f,Whigham
Suite 22 flagship Bank
fost Office Box 1330 Sanford.florida 32711 (305) 322-2171
June 20, 1983
Mr. Warren E. Knowles
City Manager
P .0. Box 1778
Sanford, FL 32771
RE: Howell Place of Sanford
Dear Pete:
Enclosed is the Pilot Agreement on Howell Place. It has been recorded
in the Public Records of the County. This is the original document
and should be placed with the other inportant records of the City.
If I may be of further assistance, please feel free to contact me.
Sincerely,
STENSTRO~MCINTOSH, JULIAN,
COLBERT &/ WHIGHAM, .A. ,
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,WilTiam L. Colbert
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Prepared By:
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MICHAEL D. BRENT
THRAILKILL & GOODMAN, P.C.
20th Floor
First American Center
Nashville, Tennessee 37238
A G R E E MEN T
THIS AGREEMENT made and entered into as of the
13th
day
of
June
1983 , by and among HOWELL PLACE OF
SANFORD, LTD.
(the "Partnership"), a Tennessee limited
partnership, the CITY OF SANFORD, FLORIDA ("Sanford"), and
JAMES D. BOOTH, MARY JEAN BROWNELL, and VIOLA M. DIDEA (together
the "Owners").
WHEREAS, the Partnership is a Tennessee limited partnership
holding a certificate permitting it to do business in the State
of Florida (a copy of such certificate being attached hereto as
Exhibit A); and
WHEREAS, the Partnership has an option to acquire certain
real property located in the City of Sanford, Florida, as more
particularly described on Exhibit B attached hereto (the
"Property") from the Owners; and
WHEREAS, the Partnership is desirous of obtaining funds to
construct an adult congregate living facility on the Property, to
be known as Howell Place of Sanford (the "Project"), such funds
to be obtained pursuant to the issuance and sale of Five Million
Dollars ($5,000,000.00) aggregate principal amount of First
Mortgage Revenue Bonds (the "Bonds") by City of Sanford, Florida;
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WHEREAS, Sanford desires to assure itself that the owner of
the Property will be obligated to pay Sanford for municipal
services provided for the life of the Project, even if the
Project or the Property should become exempt from ad valorem
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property taxes.
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NOW, THEREFORE, for and in consideration of the premises
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covenants contained herein, and other good and valuable
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consideration, the receipt and sufficiency of which are hereby
acknowledged, it is agreed that in the event the Project should
become exempt from ad valorem property taxes in the State of
Florida, County of Seminole, and the City of Sanford, during the
life of the Project, the owner of the Property shall, during each
year of ownership, pay to the appropriate taxing authority an
amount equivalent to the amount that would then be due annually
to such taxing authority if the Project or the Property was not
exempt during such year, such amount to be paid each year in lieu
of ad valorem property taxes, as reimbursement to such taxing
authority for the providing of police and fire protection, refuse
service, street and road construction, maintenance, and repair,
utility construction, maintenance, and repair, and/or other such
services normally provided by city, county, and state
governments.
This Agreement shall be placed of record in the land records
of Seminole County, Florida, and the covenants contained herein
shall run with the land and shall bind, and the benefits shall
inure to, the Owners, the Partnership, its successors and
assigns, and all subsequent owners of the Property or any
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interest therein, until such time as the Project is no longer in
existence.
However, in the event the Partnership fails to
purchase the Property from the OWners, then this Agreement shall
become null and void and of no further force and effect, and the
parties shall execute and record an appropriate document to
evidence the voiding of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the d~~ and~~te first above written.
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CITY OF SANFORD, FLORIDA
Attest: '"
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By:
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::~:E OF SAN~Oe
Robert H.
Partner
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VIOLA M. DIDEA, OWner
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STATE OF FLORIDA
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COUNTY OF SEMINOLE
The undersigned, a Notary Public, does hereby certify that
LEE P. MOORE and ROSA M. ROTUNDO , whose names as
Mayor and City Clerk of the City of Sanford, Florida, is signed
to the foregoing Agreement, and who are known to me and known to
be such officials, acknowledged before me on this day under oath
that, being informed of the contents of this Agreement, they, in
their capacities as officials of the City of Sanford, Florida,
and with full authority, executed and delivered the same
voluntarily for and as the act of the City of Sanford, Florida,
on the day the same bears date.
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under my hand and seal of office, this
, 1983.
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My Commission Expires:
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STATE OF /e5.".l/'J
COUNTY OF 4')';)9&/
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The undersigned, a Notary Public, does hereby certify that
Robert H. Little, whose name as General Partner of Howell Place
of Sanford, Ltd., is signed to the foregoing Agreement, and who
is known to me and known to be such officer, acknowledged before
me on this day under oath that, being informed of the contents of
the Agreement, he in his capacity as such General Partner and
with full authority, executed and delivered the same voluntarily
and as the act of Howell Place of Sanford, Ltd., on the day the
same bears date.
G~en under my hand and seal of office, this
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My Commission Expires:
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STATE OF FLORIDA
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COUNTY OF ORANGE
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I hereby certify that on this day, before me, an officer B
duly authorized in the state aforesaid and county aforesaid to ~
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take acknowledgements, personally appeared James D. Booth, to me
known to be the person described in and who executed the
foregoing instrument, and he acknowledged before me that he
executed the same.
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WITNESS my hand and official seal in the county and state
last aforesaid this 24th day of May , 1983.
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My Commission Expires:
November 30, 1985
STATE OF FLORIDA
COUNTY OF ORANGE
I hereby certify that on this day, before me, an officer
duly authorized in the state aforesaid and county aforesaid to
take acknowledgements, personally appeared Mary Jean Brownell, to
me known to be the person described in and who executed the
foregoing instrument, and she acknowledged before me that she
executed the same.
WITNESS my hand and official seal in the county and state
last aforesaid this 27th day of May , 1983.
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My Commission Expires:
November 30. 1985
STATE OF FLORIDA
COUNTY OF ORANGE
I hereby certify that on this day, before me, an officer
duly authorized in the state aforesaid and county aforesaid to
take acknowledgements, personally appeared Viola M. Didea, to me
known to be the person described in and who executed the
foregoing instrument, and she acknowledged before me that she
executed the same.
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WITNESS my hand
last aforesaid this
My Commission Expires:
November 30, 1985
and official seal in the county and
24th day of May , 1983.
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EXHIBIT A,
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CERTIFICATE OF AUTHORITY OF
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HOWELL PLACE OF SANFORD, LTD.
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A
LIMITED PARtNERSHIP
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TENNESSEE
LP# 14455
THIS CERTIFICATE EXPIRES DECEMBER 31, 1983.
~iurn unllrr my I1nnll nnll tQr ~rrnt
@lrnI of tQr @ltntr of 1f1Ioriba. at
WnllaQa.61wr. tQr 1, tQi.6
6th Y of
CHA. 126 Rev. 1,79
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FLORIDA - STATE OF THE ARTS
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EXHIBIT B
Beginning at the Southeast corner of Section 2, Township 20
South, Range 30 East, Seminole County, Florida, run North
00009'02" West along the East line of said Section 2 a distance
of 660.0 feet; thence North 89051'20" West parallel with the
South line of said Section 2 a distance of 161.04 feet; thence
South 00009'02" East 6.60 feet; thence North 89051'20" West
475.20 feet; thence North 00009'01" West 654.72 feet; thence
North 89051'20" West 350.0 feet; thence South 00009'02" East
882.103 feet to the Northeasterly right-of-way line of
Onora-Grapeville Road Extension; thence run along said
right-of-way line from a tangent bearing of South 50001'19" East
along a curve concave Southwesterly having a radius of 1185.92
feet through a central angle of 24039'09" a distance of 510.263
feet to the P.T. of said curve, thence South 25022'10" East 28.97
feet to the Southerly line of said Section 2; thence South
89051'20" East 665.338 feet to the Point of Beginning; LESS AND
EXCEPT the South 265 feet of the Southeast 1/4 of Section 2,
Township 20 South, Range 30 East, lying East of Airport Boulevard
(State Road 425), Sanford, Florida.
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