534 Showtime Investments, Inc.
MEMORANDUM
Stenstrom! MCIntosb! colber~ wbigbam & partlow! P.A.
1001 Heatbrow Park Lane! Suite 4001
Lake Mar~! Florioa 32746
(407) 322-2171
To:
Janet Dougherty, City Clerk
Copies:
Sherman Yehl, City Manager
Tom George, Public Works Director
Bilallftikhar, P.E., City Engineer
William L. Colbert, City Attorney
Lonnie N. Groot, Assistant City Attorney &-
From:
Date: July 14, 2009
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Re: St. Johns Parkway; Showtime Investments, Incorporated, Etc.
Please find enclosed for the records of the City the following documents relative to
the St. Johns Parkway road improvement project:
(1). Cover letter from attorney Stephen Coover, dated July 8,2009.
(2). Copy of City to Showtime Investments, Incorporated Special Warranty Deed.
(3). Copy of recorded Drainage Easement Agreement between the City and
Showtime Investments, Incorporated.
(4). Copy of recorded Joinder, Consent And Subordination By Mortgage Holder
(Fifth Third Bank).
(5). Duplicate original of Closing Statement.
Thank you for your attention to this matter.
Should you have any questions please call me anytime at 407-322-2171 or on my
cell phone at 386-748-3685. If long distance, the office's toll free number is: 800-247-5225.
My e-mail addressis:lqroot@stenstrom.com.
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HUTCHISON, MAMELE & COOVER, P.A.
ATTORNEYS AND COUNSELORS AT LAW
WILLIAM C. HUTCHISON, JR. (1928-1991)
. RICHARD L. MAMELE
STEPHEN H. COOVER
PARK-FULTON BUILDING. 230 NORTH PARK AVENUE
POST OFFICE BOX 1149
. BOARD CERTIFIED
MARITAL & FAMILY LAW
SANFORD. FLORIDA 32772-1149
(407) 322-4051
FAX (407) 330-0966
July 8, 2009
Lonnie Groot, Esquire
Stenstrom, McIntosh, Colbert,
Whigham & Partlow, P .A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, FL 32746
RE: The City of Sanford, Florida - Showtime Investments, Incorporated
Date of Closing May 27,2009
Dear Lonnie:
Pursuant to the closing referenced above, enclosed find the following documents
to complete your file, to-wit:
1. Copy of recorded Special Warranty Deed;
2. Copy of recorded Drainage Easement Agreement;
3. Copy of recorded Joinder, Consent and Subordination by Mortgage Holder;
4. Copy of executed Owner's Affidavit; and
5. Original executed Closing Statement.
I trust you will find these in order. Should you have any questions, do not hesitate
to contact me.
Very truly yours,
SHC/mjr
Enclosures
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SPECIAL WARRANTY DEED
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THIS WARRANTY DEED, made and executed as ofth~c~.-:.aay of May, 2009, by
THE CITY OF SANFORD, FLORIDA, a municipal corporation, whose address is 300
North Park A venue. Sanford, FL 32771 (hereinafter referred to as the "Grantor") to
SHOWTIME INVESTMENTS, INCORPORATED, a Florida corporation. whose address is
2851 S1. Johns Parkway. Sanford. Florida 32771. (hereinafter referred to collectively as the
"Grantee" )
WITNESSETH
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THAT THE GRANTOR. for and in consideration of the sum ofTEN DOLLARS
($10.00) and other valuable consideration. the receipt and sufficiency of which are hereby
acknowledged by these presents does grant. bargain, sell, alien. remise. release, convey. and
confirm unto the Grantee that certain piece, parcel or tract of land situated in SEMINOLE
County. Florida. more particularly described as follows (hereinafter refened to as the "Subject
Propel1y"). to wit:
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A portion of Block 43, M.M. SMITH'S SUBDIVISION, according to the Plat thereof as
recorded in Plat Book 1, Page 55, Public Records of Seminole County. Florida, being
more particularly described as follows:
COMMENCE at the North V4 corner of Section 34. Township 19 South, Range 30 East;
thence run N 011h 0001 T 54" West for a distance of 32.19 feet to a point on the South line
ofa vacated Rail Road Right of Way. according to OHicial Records Book 6981. Page
422 of the Public Records of Seminole County, Florida, thence run North 81031 '05" East
along said South line for a distance of 666.54 feet to the POINT OF BEGINNING said
point also being on the Westerly line of said Block 43; thence departing said South line
run North 00015' 12" West along said Westerly line for a distance of 101.04 feet; thence
departing said Westerly line run North 81031 '05 East for a distance of 546.67 feet to a
point on the Westerly Right of Way Line of Airport Boulevard, according to the Right of
Way Map of Airport Boulevard Phase III. Seminole County Engineering Depmiment;
thence run South 00001' 04" East along said Westerly Right of Way line for a distance of
101.10 feet to a point on the aforementioned South Line of a vacated Rail Road Right of
Way: thence departing said Westerly Right of Way Line run South 81031 '05" West along
said South line for a distance of 546.25 feet to the POINT OF BEGI1\TNING.
Page 1 of 3
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TOGETHER WITH ALL tenements. hereditaments. easements and appurtenances. including
riparian rights. if any. thereto belonging to or in anywise appertaining:
TOGETHER WITH ALL rights of the Grantor by virtue of the Grantee having petitioned
the Grantor to release. in accordance with Section 270.11. Florida Slalutes. Grantor's reserved
interest in any phosphate. metals. minerals and petroleum in. on or under the Subject Property.
TO HAVE AND TO HOLD the Subject Property in fee simple forever.
AND THE GRANTOR does hereby covenant with and warrant to the Grantee that the
Grantor is lawfully seized of the Subject Property; that the Grantor has good right and lawful
authority to sell and convey the Subject Property; and that the Grantor fully warrants the title to
the Subject Property and will defend the same against the lawful claims of all persons claiming
by. through or under the Grantor. but agairist DOlle: other. The Subject Property being pari of the
same property to which that certain County Deed. dated April 28. 2004. and recorded at Official
Records Book 5329. Pages 1 through 3. relates; and to which that certain Public Purpose
Quitclaim Deed. dated January 14. 1999. and recorded at Official Records Book 3713. Pages
1211 through 1224 relates.
THE CONVEYANCE made herein. however. is expressly made SUBJECT TO ad
valorem real property taxes and assessments for the year 2009 and thereafter. and those matters
described on exhibit attached entitled "Permitted Exceptions".
IN WITNESS WHEREOF. the Grantor has caused these presents to be executed in
manner and form sufficient to bind it as of the day and year first above written.
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Executed on Max~~/~ ' .2009.
ATTEST:
THE CITY OF SANFORD. FLORIDA
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BY :/': .;.;:,;:::,;/
~d'y Jones. Vice Mayor
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Janet R. Dougherty. City Glkrk J
[CITY SEAL]
Page 2 of3
,
PERMITTED EXCEPTIONS
1. Subject to any interest in Showtime Investments. Incorporated by vi11ue of Quit Claim Deed
recorded in O.R. Book 541 L Page 1392. Public Records of Seminole County. Florida.
! Memorandum of Understanding recorded in O.R. Book 5294. Page 132. Public Records of
Seminole County. Florida.
3. Ordinance recorded in O.R. Book 1269. Page 750. Public Records of Seminole County.
Florida.
4. Agreement Relating to St. Johns Parkway Right-of-Way and County. City, Dyson and
Stenstrom Properties recorded in O.R. Book 5294. Page 79-13 L Public Records of
Senlinole COL1l1ty.. Florida.
Page 3 of3
.
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
1750 E LAKE MARY BLVD
SANFORD, FL 32773
407-665-4411
DATE:06/2S/2009
TIME:04:05:46 PM
RECEIPT: 793106
HUTCHISON MAMELE & COOVER PA
CODE - 461
ITEM -01 D 04:05:46 PM
FILE:20090704a4 BK/PG:O 7212/1160
RECORDING FEE 27.00
DEED DOC TAX 2,450.00
Sub. Total 2,477.00
AMOUNT DUE: $2,477.00
PAID CHECK: $2,477.00
Check #:5197
TOTAL PAID: $2,477.00
$2,477.00
REG IrY:TSMITH
DEPUTY CLERK
Have a Nice Day
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Prepared by and after
Recording return to:
STEPHEN H. COOVER
Hutchison. Mamele & Coover. P.A.
230 NOl1h Park Avenue
Sanford. FL 32771
Phone (407l 322-405!
Fax (407) 330-0966
MARYANNE MORSE, CLERK OF CIRCUIT COUR~
SEMINOLE COUNTV I
.~ ~719b PQs 1069 - 1075; (7pgs)
LL~RK'S # 2009059543
RECORDED 06/03/2009 09:22:55 AM
DEED DOC TAX 0.71..)
RECORDING FEES 61.00
RECORDED BY T S.ith
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT ("Easement"') is made as ofthed7'M
day of May. 2009 by and between Showtime Investments, Incorporated. a Florida
Corporation. whose address is 3100 St. Johns Parkway. Sanford. FL 32771 and The City of
Sanford, a Florida Municipal Corporation. whose address is 300 North Park Avenue. Sanford.
FL 32771.
WITNESSETH:
WHEREAS. Sho\V1ime Investments. Incorporated. a Florida Corporation ("Sho\V1ime"). is
the ovvner of certain real property located in Seminole County. Florida. being more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Serviant
Estate "):
AND WHEREAS. The City of Sanford. a Florida Municipal Corporation (the "City") is the
Owner of that certain transportation facility known as St. Johns Parkway which includes the road
and right-of-way as defined in Section 334.03. Florida Statutes. said real property located in
Seminole County. Florida (the "Dominant Estate");
AND WHEREAS. the parties have agreed. one with the other. that a non-exclusive
easement be granted in. on. over. under. across and through the Serviant Estate for the purpose of
retention. detention. compensating storage. and stormwater drainage;
NOW. THEREFORE. for and in consideration of the sum Ten and Noll 00 Dollars
($10.00). and other good and valuable consideration. the receipt. adequacy and sufficiency of
which are hereby acknowledged. the parties hereby agree as follows:
1. Recitals. The forgoing recitals are true and correct and are incorporated herein by this
reference.
2. Grant of Easement. Sho\V1ime does hereby grant to City. its successors and assigns as
owner of the Dominant Estate. a perpetual. nonexclusive. easement in. on. over. under. across and
through the Serviant Estate for the purposes of locating pipes to carry storm water run-oft' from the
Dominant Estate to a retention and detention pond or series of ponds and to store and treat
stormwater in ponds located in and upon the Serviant Estate and to use the retention and detention
pond for stormwater drainage purposes. Provided. however. that Sho\V1ime shall also have the
right to utilize the stormVvater drainage, retention and detention ponds or series of ponds,
including, but not limited to pipes and other appurtenant drainage facilities, for its stormwater
needs. Provided further. hO\vever. that Shovv1ime shall have the absolute right at its expense, to
locate and/or relocate any pipes located on the Serviant Estate that are being used to carry
stormwater run-off to the Serviant Estate to facilitate construction of improvements upon the
Serviant Estate. Sho\vtime does further grant to City, its successors and assigns, as owner of the
Dominant Estate, a perpetual, non-exclusive easement in. on. over, under and across and through
the Serviant Estate for the purpose of storm water drainage, retention and detention, in a pond or
series of ponds and appurtenant drainage facilities, located upon the Serviant Estate. Provided
further, however. that Sho\vtime shall have the absolute right at its sole expense, to locate and/or
relocate any retention/detention ponds located on the Serviant Estate that are being used to store or
treat stormwater run-off upon the Serviant Estate to facilitate construction of improvements upon
real property owned by ShoVv1ime. (The aforesaid uses are herein described as the "Easement
Uses'"). Further. upon completion of the retention/detention ponds and stormwater conveyance and
retention/detention system for the use and benefit of the City, should Show1ime need to relocate
the piping and/or the retention/detention ponds and stormwater conveyance system for the use and
benefit of the City, then and in that event an alternate means of stormwater conveyance system
and an alternate pond site. or pond sites. shall be provided to City by ShOVv1ime. Should Showtime
fail to provide the required alternate conveyance system and ponds. the City shall have the
continuing right to discharge stormwater on Showtime property at such locations as Showtime
shall designate to meet the stormwater discharge and associated needs of the City relative to St.
Johns Parkway as permitted by the St. Johns River Water Management District. No actions may
be taken which result in the St. Johns Parbvay road facility not functioning as permitted.
ShoVv1ime does hereby covenant with the City that it is lawfully seized and possessed of the
Serviant Estate and it has a good and lawful right to convey the Easement and all rights as set forth
herein and that the Easement and rights granted herein are conveyed free and clear from any and
all encumbrances.
3. Obli2ations of the Parties. The Parties acknowledge and agree that any rights granted
hereunder shall be exercised by the parties only in accordance and compliance with any and all
applicable laws, ordinances. rules. regulations, permits and approvals, and any future
modifications or amendments thereto, and all costs and expenses of such compliance shall be the
sole cost and expense of ShoVv1ime. The parties further covenant and agree that no party shall
discharge within or upon the Serviant Estate. or from the Serviant Estate, or any other property
owned by ShoVvtime. or from the Dominant Estate or any other property owned by the City, into
the Serviant Estate, any hazardous or toxic materials or substances, any pollutants, or any other
substances or materials prohibited or regulated under any federaL state or local law, ordinance,
rule. regulations or permit except as such regulations pertain to the permit issued by the St. Johns
River Water Management District relating to the St. Johns Parkway Road improvement project.
4. Use of Propertv. It is understood and agreed that nothing in this Easement shall be
construed to prevent Showtime, as owner of the Serviant Estate. or its heirs, successors in interest
or assigns, from the full use and enjoyment of the Serviant Estate for any purpose not in
contravention of any of the terms or conditions of this Easement or to prevent it from granting
easements to other parties in, on. over, under. through and across the Serviant Estate; provided
2 of 7
however. that Showtime shall not take any action or make any grant with regard to the Serviant
Estate that 'vvill adversely impact the Dominant Estate, it being the intent of the parties that the
Dominant Estate, once constructed as a public transportation facility in accordance with
construction plans currently being tlnalized and permitted through the St. Johns River Water
Management District. will obtain its retention, detention, compensating storage, mitigation and
storm water drainage upon and though the Serviant Estate.
5. Maintenance ofthe Serviant Estate. Showtime shall maintain the Serviant Estate and all
facilities located thereon and therein. and the costs of such maintenance of the Serviant Estate shall
be paid by Showtime. This obligation specifically includes the maintenance of pipes, ponds and
drainage systems.
6. Bindin2 Effect. The easements. rights, privileges and obligations created by this Easement
shall run with the land and be binding upon and inure to the benefit of the parties, their respective
heirs, successors, successors-in-title, assigns, licensees, guests, invites, employees, agents,
consultants, contractors. subcontractors and representatives. The parties agree that they will enter
such other documents as may be reasonably needed of the other party for that party to enjoy the
benefit of this Easement and to further assure said party.
7. Entire A2reement. This Easement constitutes the entire agreement and understanding
between the parties hereto relating to the subject matter hereof and may not be amended, waived,
or discharged, except by an instrument in writing executed by all parties hereto (or their respective
heirs. successors and/or assigns), which written document shall be recorded in the Public Records
of Seminole County, Florida.
8. Attornevs Fees. In the event of any litigation pertaining to this Easement, the
rights granted hereby, or the rights, duties, obligations or liabilities of the parties hereto; the
enforcement of any right hereunder or the interpretation of any provision hereof; the prevailing
party in such litigation shall be entitled to recover reasonable costs and attorneys fees incurred in
such litigation from the other party, whether incurred before, during or after trial, upon any
appellate leveL or in any bankruptcy or insolvency proceeding, or in any arbitration or mediation
proceeding. The parties agree to open dialogue and communications to avoid disputes, but if such
disputes arise to fully engage in pre-suit and post-suit mediation with the parties equally sharing
the costs thereof.
9. Governin2 Law. This Easement shall be governed by and construed in accordance with
the laws of the State of Florida, with venue in Seminole County, Florida.
10. Counterpart Execution. This Easement may be executed in any number of counterparts,
each of which shall constitute an originaL but all taken together shall constitute an originaL but all
taken together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, Showtime Investments, Incorporated has caused these presents
to be signed and sealed in its name the day and year first above written.
3 of 7
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.I BY:
ORATED, a Florida Corporation
Signed, sealed and delivered in the presence of the following witnesses:
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Witness Signature Witn-ess 19nature .~
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Printed Name fWitness
~f\r\~ \\Qrd-eu,r
Printed Name of Witness
STATE OF FL~UDA ~
COUNTY OF' \ \\.\ \\~~
Before me, the undersigned notary public, the foregoing instrument was sworn to,
acknowledged and subscribed to before me this ;;-1 day of May, 2009, by Michael Tumminello
as President of Showtime Investments, Incorporated, and who did take an oath.
Check One:
J He/she/they is/are personally known to me; or
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V. He/she/they haslhave produced i'\. '\Cj()rJC:";- tnc~"'-K..-
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NOTARY PUBLI ; STATE OF FLORIDA
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IN WITNESS WHEREOF. the City of Sanford. a Florida Municipal Corporation has
caused these presents to be signed and sealed in his name the day and year fIrst above written.
THE CITY OF SANFORD, a Florida Municipal Corporation:
ATTEST:
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5 of 7
EXHIBIT "A"
"The Serviant Estate"
PARCEL 1:
Blocks 53, 54, 55, 62 and 63, M.M. Smith's Subdivision, according to Plat recorded in Plat
Book 1, Page 55, Public Records of Seminole County, Florida,
lESS the North 50 feet thereof for additional road right of way.
AND
PARCEL 2:
Block 43, lying North ofthe SEABOARD SYSTEM RAilROAD, Block 44, less the North 130
feet of the East 185 feet of said Block 44; in M.M. SMITH'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Seminole
County, Florida.
lESS AND EXCEPT THE FOllOWING:
PARCEL A
Commence at the Northwest corner of Block 53, M.M. Smith's Subdivision,
according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public
Records of Seminole County; thence South 00001 '20" East along the West line of
said Block 53 a distance of 50.04 feet to the POINT OF BEGINNING; thence South
89054'55" East along a line 50.00 feet South of and parallel with the North line of
said Block 53, a distance of 80.00 feet; thence South 00001 '20" East 30.33 feet to
the beginning of a curve concave Westerly having a radius of 2925.00 feet, a chord
bearing of South 04046'06" West and a chord distance of 488.55 feet, thence along
the arc of said curve through a central angle of 09034'52" an arc distance of 489.12
feet to a point of reverse curvature of a curve concave Southeasterly having a
radius of 2805.00 feet, a chord bearing of South 05025'19" West, and a chord
distance of 404.70 feet; thence along the arc of said curve through a central angle
of 08016'26" an arc distance of 405.06 feet to the Northerly right of way line of
Seaboard System Railroad; thence South 81039'00" West along said Northerly line
0.81 feet to the Westerly line of Block 54 of said M.M. Smith's Subdivision; thence
North 00001 '20" West along the West line of said Blocks 54 and 53 a distance of
920.32 feet to the POINT OF BEGINNING.
AND
PARCEL B
Commence at the Northeast corner of Block 44, M.M. Smith's Subdivision
6 of 7
according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public
Records of Seminole County, Florida; thence South 00001 '20" East along the East
line of said Block 44 a distance of 130.00 feet to the POINT OF BEGINNING; thence
continue South 00001 '20" East along said East line of Block 44 and the East line of
Block 43 of said M.M. Smith's Subdivision 844.77 feet to the Northerly right of way
line of the Seaboard System Railroad; thence South 81039'00" West along said
Northerly right of way line 80.38 feet to a point on a curve concave Southeasterly
having a radius of 2915.00 feet, a chord bearing of North 05015'14" East and chord
distance of 439.19 feet; thence along the arc of said curve through a central angle
of 08038'26" an arc distance of 439.60 feet to a point of reverse curvature of a curve
concave Westerly having a radius of 2815.00 feet, a chord bearing of North
05006'18" East and a chord distance of 420.87 feet; thence along the arc of said
curve through a central angle of 08034'28" an arc distance of 421.27 feet; thence
South 89054'55" East 0.43 feet to the POINT OF BEGINNING.
7 of 7
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
Si:MYNOLE COUNr~'
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This instrument prepared by:
Stephen H. Coover
HUTCHISON, iVIAivJELE & COOVER, PA
230 North Park Avenue
Sanford, FL 32771
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CL~RK'S # 2009059542
RECORDED O~i03/200S 05:22:55 AM
R~CORDING FEES 3~. 50
RECDRDED BY T SiitM
JOINDER. CONSENT
AND SUBORDINATION BY MORTGAGE HOLDER
The undersigned, FIFTH THIRD BANK, the owner and holder of the following:
1. Mortgage executed by Showtime Investments, Incorporated, a Florida corporation in
favor of AmSouth Bank dated November 22, 2000 and recorded in O.R. Book 3961
,
Page 823; Future Advance and Mortgage Modification Agreement recorded in O.R.
Book 4104, Page 1989; Mortgage Modification Agreements recorded in O.R. Books
and Pages: 4123/1562, 4346/1336, Assignment recorded in O.R. Book 6567, Page
742, Mortgage Modification Agreements recorded in O.R. Books and Pages:
6567/745,6594/157, Public Records of Seminole County, Florida; Financing
Statement recorded in O.R. Book 3961, Page 851, Continuations recorded in O.R.
Book 5803, Page 912 and O.R. Book 6567, Page 750, Public Records of Seminole
County, Florida; Assignment of Rents, Leases, Profits, and Contracts recorded in
O.R. Book 3961, Page 862, Public Records of Seminole County, Florida.
2. Mortgage to AmSouth Bank, mortgage(s), dated October 7,2003 in the amount of
$2,200,000.00 recorded October 31,2003 in Official Records Book 5082, Page
1505, Modification and Future Advance recorded in O.R. Book 5500, Page 1899,
UCC-Financing Statement recorded in O.R. Book 5082, Page 1521, Modification
Agreement and Future Advance recorded in O.R. Book 6567, Page 751, UCC-
Financing Statement Assignment and Amendment recorded in O.R. Book 6567,
Page 755 and UCC-Financing Statement Continuation recorded in O.R. Book 7058,
Page 1801, of the Public Records of Seminole County, Florida,
hereby joins in and consents to the filing and recording of the Drainage Easement Agreement
involving the real property described on the attached Exhibit AA@, and subordinates the lien of
the aforesaid documents to the rights of the parties thereto concerning the easement for
drainage of stormwater and related matters set forth therein.
Witnesses:
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Maureen Welner
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Rebecca Reynolds
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FIFTH THIRD B~KI
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BY: / /" ,/
Harold Garla ,Vice President
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1
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that the foregoing instrument was acknowledged before me, the
undersigned authority, this ;;;... day of May, 2009 by Harold Garlock as Vice President of
Fifth Third Bank, who is [ J personally known to me OR [ ] not personally known to me and
has produced identification.
2
EXHIBIT "A"
PARCEL 1:
Blocks 53, 54, 55, 62 and 63, M.M. Smith's Subdivision, according to Plat recorded in Plat
Book 1, Page 55, Public Records of Seminole County, Florida,
LESS the North 50 feet thereof for additional road right of way.
AND
PARCEL 2:
Block 43, lying North of the SEABOARD SYSTEM RAilROAD, Block 44, less the North 130
feet of the East 185 feet of said Block 44; in M.M. SMITH'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Seminole
County, Florida.
LESS AND EXCEPT THE FOllOWING:
PARCEL A
Commence at the Northwest corner of Block 53, M.M. Smith's Subdivision,
according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public
Records of Seminole County; thence South 00001 '20" East along the West line of
said Block 53 a distance of 50.04 feet to the POINT OF BEGINNING; thence South
89054'55" East along a line 50.00 feet South of and parallel with the North line of
said Block 53, a distance of 80.00 feet; thence South 00001 '20" East 30.33 feet to
the beginning of a curve concave Westerly having a radius of 2925.00 feet, a chord
bearing of South 04046'06" West and a chord distance of 488.55 feet, thence along
the arc of said curve through a central angle of 09034'52" an arc distance of 489.12
feet to a point of reverse curvature of a curve concave Southeasterly having a
radius of 2805.00 feet, a chord bearing of South 05025'19" West, and a chord
distance of 404.70 feet; thence along the arc of said curve through a central angle
of 08016'26" an arc distance of 405.06 feet to the Northerly right of way line of
Seaboard System Railroad; thence South 81039'00" West along said Northerly line
0.81 feet to the Westerly line of Block 54 of said M.M. Smith's Subdivision; thence
North 00001 '20" West along the West line of said Blocks 54 and 53 a distance of
920.32 feet to the POINT OF BEGINNING.
AND
PARCEL B
Commence at the Northeast corner of Block 44, M.M. Smith's Subdivision
according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public
3
Records of Seminole County, Florida; thence South 00001'20" East along the East
line of said Block 44 a distance of 130.00 feet to the POINT OF BEGINNING; thence
continue South 00001 '20" East along said East line of Block 44 and the East line of
Block 43 of said M.M. Smith's Subdivision 844.77 feet to the Northerly right of way
line of the Seaboard System Railroad; thence South 81039'00" West along said
Northerly right of way line 80.38 feet to a point on a curve concave Southeasterly
having a radius of 2915.00 feet, a chord bearing of North 05015'14" East and chord
distance of 439.19 feet; thence along the arc of said curve through a central angle
of 08038'26" an arc distance of 439.60 feet to a point of reverse curvature of a
curve concave Westerly having a radius of 2815.00 feet, a chord bearing of North
05006'18" East and a chord distance of 420.87 feet; thence along the arc of said
curve through a central angle of 08034'28" an arc distance of 421.27 feet; thence
South 89054'55" East 0.43 feet to the POINT OF BEGINNING.
4
. ,
OWNER'S AFFIDAVIT
NON-FOREIGN CERTIFICATE AND
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, personally appeared RANDY JONES, as
Vice Mayor of the City of Sanford, Florida (the "Seller"), ("Seller" refers to singular or
plural as context requires) who, first being duly sworn, deposes and says:
A. OWNER'S AFFIDAVIT
1. The Seller is the owner of the following described property (the "Property"):
SEE ATTACHED EXHIBIT "A"
2. There is no outstanding contract for the sale of the Property to any person
or persons whomsoever, nor any unrecorded deed, mortgage, or other conveyances
affecting the title to the Property except for the Joint Facilitation of Public Infrastructure and
Real Estate Exchange Agreement Pertaining to Drainage Facilities for S1. John's Parkway
between the Seller and Showtime Investments, Incorporated (the "Buyer") dated May 14,
2009.
3. There are no liens, encumbrances, mortgages, claims, boundary line or other
disputes, demands or security interests in, on or against the Property or any goods,
furnishings, appliances, fixtures or equipment now installed in or which are to be affixed
to the Property; that there are no encumbrances, title exceptions, unpaid taxes, levies,
assessments, paving liens or utility liens against the Property except as shown on the
Attorneys' Title Insurance Fund, Inc. Title Certificate #17-2008-1561, attached as Exhibit
"8".
4. There have been no improvements made upon the Property within the past
ninety (90) days for which there remain any outstanding and unpaid bills for labor,
materials or supplies for which a lien or liens might be claimed by anyone.
5. There are no matters pending against Seller which could give rise to a lien
that would attach to the Property during the period oftime between the effective date of the
title insurance commitment and the time of recording of the instruments evidencing the
Buyer's fee simple or other interests in the Property; and the Seller has not executed and
will not execute any instrument that would adversely affect the title to the Property from the
date of this Affidavit forward.
6. There are no judgments, claims, disputes, demands or other matters pending
against Seller that could attach to the Property not shown on the Title Certificate.
7. Seller is in sole constructive or actual possession of the Property and no
other person has any right to possession of the Property, or asserts any claim of title or
other interests in it.
8. Seller represents that there are no violations of governmental laws,
regulations or ordinances pertaining to the use of the Property.
B. NON-FOREIGN CERTIFICATE AND REQUEST FOR TAXPAYER
IDENTIFICATION NUMBER
Check One:
D Section 1445 of the Internal Revenue Code provides that a transferee
("Buyer") of a U.S. real property interest must withhold tax if the transferor is a
foreign person. For U.S. tax purposes (including section 1445), the owner of a
disregarded entity (which has legal title to a U.S. real property interest under local law) will
be the transferor of the property and not the disregarded entity. To inform the transferee
(Buyer) that withholding of tax is not required upon the disposition of a U.S. real property
interest by the Seller, the undersigned hereby certifies the following on behalf of the Seller:
1. [Name of transferor] is not a foreign corporation, foreign partnership, foreign
trust, or foreign estate (as those terms are defined in the Internal Revenue
Code and Income Tax Regulations);
2. [Name of transferor] is not a disregarded entity as defined in S1.1445-
2(b)(2)(iii);
3. [Name of transfer]'s U.S. employer identification number IS
; and
4. [Name oftransferor['s office address is
[Name of transferor] understands that this certification may be disclosed to the
Internal Revenue Service by transferee and that any false statement contained herein
could be punished by fine, imprisonment, or both.
Under penalties of perjury, I declare that I have examined this certification and to
the best of my knowledge and belief it is true, correct and complete, and I further declare
that I have authority to sign this document on behalf of [Name of transferor].
2
if~' }l!ri-1i,('''-1
D Section 1445 of the Internal Revenue Code provides that a transferee ("Buyer") of
a U.S. real property interest must withhold tax at a rate of 10% of the amount realized
on the disposition if the transferor ("Seller") is a foreign person. To inform the Buyer
that withholding of tax is not required upon the disposition of a U.S. real property interest
by the Seller, the undersigned hereby swears, affirms and certifies the following as or on
behalf of the Seller:
1.
Seller's Legal Name Is:
The City of Sanford
2. Seller's HomeAddress or Office Address if Corporation, Partnership orTrust:
300 North Park Avenue, Sanford, FL 32771
3. Seller is not a non-resident alien.
In connection with the sale or exchange of the Property you are required by law to
provide Stephen H. Coover with your correct taxpayer identification number (TIN). If you
do not so provide your TIN, you may be subject to civil or criminal penalties imposed by
law.
4. Seller's Taxpayer Identification Number:
(TIN or SSN for Individuals)
5. For purposes of reporting this transaction to the Internal Revenue Service on
Form 1099-B, the Property is Seller's (check one):
Principal Residence
X Other Real Estate
This taxpayer identification number is being provided in connection with a
real estate transaction.
The undersigned understand(s) that this Certificate may be disclosed to the Internal
Revenue Service by the Buyer and that any false statement contained herein could be
punished by fine, imprisonment or both.
Under penalties of perjury, I declare that I have examined this certification and to
the best of my knowledge and belief it is true, correct and complete, and I further declare
that I have authority to sign this document as or on behalf of the Seller, and that the
number shown on this statement is Seller's correct TIN.
Seller states that this instrument is given for the express purpose of inducing
SHOWTIME INVESTMENTS, INCORPORATED (Buyer), to purchase the Property and to
cause Stephen H. Coover, as agent for Attorneys' Title Insurance Fund, Inc. to insure title
3
to said property. This Affidavit is made under the full understanding of the law regarding
liability for any misrepresentation herein.
~
DATED this~ 1 day of May, 2009.
BY:
D, FLORIDA
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was sworn to and acknowledged before me thi~'*'aaY.
of May, 2009 by Randy Jones as Vice Mayor of the City of Sanford, Florida, who is M
personally known to me or { } who has produced a valid State of Florida driver's licerfu~
as identification and who did take an oath.
NOTARY PUBIJC-STATE ~
"""'~"',,,_ Kristie ~
= ~.4r - " ..
:, its/Ii i \OIl~m]SSl , - ~
"'" ,.,,- Exmres; D PUBLIC
BONi:i'En nmu An.ANTlc B G 'j . l I
My Commission Expires: ":2. .so \ <.0 \ \
4
EXHIBIT" A"
A portion of Block 43, M.M. SMITH'S SUBDIVISION, according to the Plat thereof as
recorded in Plat Book I. Page 55, Public Records of Seminole County, Florida, being
more particularly described as follows:
COMMENCE at the NOlih V4 corner of Section 34, Township 19 South, Range 30 East;
thence run North 00011'54" West for a distance of 32.19 feet to a point on the South line
ofa vacated Rail Road Right of Way. according to Official Records Book 6981, Page 422
of the Public Records of Seminole County, Florida, thence run North 81031 '05" East
along said South line for a distance of 666.54 feet to the POINT OF BEGINNING said
point also being on the Westerly line of said Block 43; thence departing said South line
run North 00015' 12" West along said Westerly line for a distance of 101.04 feet; thence
departing said Westerly line run North 81031 '05 East for a distance of 546.67 feet to a
point on the Westerly Right of Way Line of Airport Boulevard, according to the Right of
Way Map of Airport Boulevard Phase III, Seminole County Engineering Department;
thence run South 00001 '04" East along said Westerly Right of Way line for a distance of
101.10 feet to a point on the aforementioned South Line of a vacated Rail Road Right of
Way; thence departing said Westerly Right of Way Line run South 81031 '05" West along
said South line for a distance of 546.25 feet to the POINT OF BEGINNING.
5
SElLER:
CLOSING STATEMENT
THE CITY OF SANFORD, FLORIDA
BUYER:
SHOWTIME INVESTMENTS, INCORPORATED
CLOSING AGENT:
HUTCHISON, MAMElE & COOVER, P.A.
DATE:
May 27,2009
JOINT FACILITATION OF PUBLIC INFRASTRUCTURE AND REAL ESTATE
EXCHANGE AGREEMENT PERTAINING TO DRAINAGE FACILITIES FOR ST.
JOHN'S PARKWAY DATED 5/14/09
RE:
BUYER COSTS:
Recording Fees - Special Warranty Deed
Recording Fees - Joinder & Consent
(To: Clerk of Court)
Documentary Stamp Tax on Deed
(To: Clerk of Court)
Title Insurance Premium - Owner's Policy
$350,000.00
(To: Hutchison, Mamele & Coover, P.A.)
TOTAL BUYER COSTS:
$ 27.50
$ 35.50
$2,450.00
$1,825.00
54.338.00
SElLER COSTS:
Recording Fees Recording Fees - Drainage Easement
(To: Clerk of Court) $ 61.70
TOTAL SElLER COSTS:
5 61.70
THE UNDERSIGNED PARTIES HEREBY AGREE AND ACKNOWLEDGE THAT THEY HAVE CAREFULLY REVIEWED THE
FIGURES CONTAINED ON THIS CLOSING STATEMENT AND THAT THE FIGURES ARE TRUE, CORRECT AND
PROPERLY REPRESENT THE AGREEMENT OF THE PARTIES. THE UNDERSIGNED ALSO AGREE THAT ALL
CONDITIONS PRECEDENT TO CLOSING HAVE OCCURRED OR ARE HEREBY EXPRESSLY WAIVED. THE
UNDERSIGNED HEREBY AUTHORIZE CLOSING AGENT TO DISBURSE ALL PROCEEDS AS SET FORTH IN THIS
CLOSING STATEMENT.
1BY:
V' ancty Jones, Vice May r
STENSTROM, MciNTOSH, COLBERT,
WHIGHAM & PARTLOW, P.A.
B.
BY:
HUTCHISON, MAMElE & COOVER, P.A.
By:
~ ----
Stephen H. Coover, Vice Pres.
Closing Agent
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