1936 Nasser Land Contract (copy)PL,.ANNING ANE) DEVELOPMleo N1' r)r-.,PARrmr:,.,wr
TRANsmn-rAL, Mr-wor.,tANDUM
To: City Clerk
RE: Safe Keeping —Nasser Agreement
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
Fj Final Plat (original mylars)
n Letter of Credit
F-1 Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
F-1 P.O, Requisition
Once completed, please:
Fj Return original
F-1 Return copy
R Return Certified Copy
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
5/23/18
From
TADeptJormsUransmittal form
Date
NASSER/CITY OF SANFORD
OPTION CONTRACT FOR SALE OF REAL ESTATE
-th
THIS CONTRACT for Sale is made on this&'6y of April, 2018 is made by and
between:
Sammy Nasser, Tony Nasser and Nancy Nasser (now Nancy Wood), hereinafter
collectively referred to as the "Seller", whose address is 100 Alexandria Boulevard, Suite
10. Oviedo, Florida 32765;
am
the City of Sanford, Florida, a municipal corporation of the State of Florida, whose
address is City Hall, 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 (if any); (b) all of the Seller's
rights relating to the land and associated interests; (c) all riparian rights cognizable under
law of any type of nature; and (d) 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: 22-19-30-501-0000-002A. (See attached
Exhibit - Seminole County Property Appraiser Web site data sheet printouts.
3. Purchase Price. The purchase price is $16,000.00.
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 mora gage.
$0.00
Contract -Lender Mortgage Funding) (see paragraph 6 for mortgage
contingency).
$0.00
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 at Closing).
s15,900-00
Page 1 of 12
All payments shall be made in 1/3 of the amount being paid to Sammy Nasser, Tony
Nasser and Nancy Wood (formerly Nancy Nasser).
5. Option Deposit Moneys. The $100.00 option deposit set forth herein,
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 15th day of May, 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
30tht day of May, 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 insofar as practicable and by means of United State Mail
as necessary with the following contact addresses for the Seller:
(a). Sammy Nasser: 14430 Arbor Ridge DR., Charlotte, North Carolina 28273.
(b). Tony Nasser: 1839 Denver West Drive, Unit # 2235, Golden, Colorado
80401.
(c). Nancy Wood: 10417 Mono Lake Road, Fort Worth, Texas 76177.
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.
Notwithstandingthe foregoing, all closing matters shall be coordinated with Sam Nasser
of Oviedo, Florida and Steve Triece.
8. Transfer of Ownership/insurance, Etc. At the Closing, the Seller will
transfer ownership of the Property to the City. The Seller will provide to the City a
properly special 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 surveyor's report (on the prescribed company form; said survey and
Page 2 of 12
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 for 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 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 City. 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. The City shall pay the costs of
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 City 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 special 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
Page 3 of 12
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 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, if any, 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
May 1, 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.
is. Property Lines. The Seller states that, to the best of Seller's 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;
Page 4 of 12
(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.
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.
is. 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.
Page 5 of 12
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 Contract. This 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 may only be changed by an
agreement in writing signed by both City and the Seller. The Seller states that the Seller
has not made any other Contract to sell the Property to anyone else. 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:
Page 6 of 12
If to The City: Lonnie N. Groot, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane
Suite 4000
Lake Mary, Florida 32746
If to Seller: Sammy Nasser
100 Alexandria Boulevard
Suite 10
Oviedo, Florida 32765
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 inserted 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. Except and unless as specifically set forth in
Sections 24, 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 asserted or recovered against the indemnified party on
account of any brokerage fee, commission or other compensation arising by reason of
Page 7 of 12
the indemnitors breach of this representation and warranty. Section 24 and 29(a) shall
survive the Closing or any termination of this Contract.
SIGNED AND AGREED: (SIGNATURE PAGES FOLLOW):
Page 8 of 22
Witn&s #1 Sign ture
Witness # 1 Printed Name
Witness #2Signature
Witness -92 Printed Name
COUNTY OF
SAK8K0Y 0/\SSER
I HEREBY CERTIFY that on this day, before nne, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Senonny Nasser []
who iSpersonally known iorneor [] who produced as
identification and acknowledged before methat lie executed the same.
WITNESS my hand and official seal in the County and Stabs last aforesaid
this 2]oday of April, A. D. 2018�
Notary Public; State Of Florida
(Affix Notarial Seal)
PhnhedN@nle: _RL|
`
yx��9^[|I
WITNESSES/ATTEST.
n s # 2 Signature
5'-40/ji —TAV4-^C-S
Witness # 2 Printed Name
STATE OF COLORADO
COUNTY OF
TONY NASSER
Tony Mriser
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Tony 0 who is
personally known to me or El who produced 0, as
identification and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid
this M day of MO. A. D. 2018.
CHANTED
TEL ZIMB
-1
b
Notary Public
Mate of Colorado
fvotary ID # 2017400487
5
i iICommission Expires 02.01-
2021
Notary Public; State of-Fkfftd2---C-(�
(Affix Notarial Seal)
Printed Name: C.�1�N4e-
SIGNATURE PAGES FOLLOW:
Page 10 of 12
Witness # 1 Printed Name
STATE OF TEXAS
COUNTY OF `764�hjj
NANCY NASSER (now NANCY
WOOD)
Nancy Nasser (now Nancy Wood)
ACKNOWLEDGEMENT
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Nancy Nasser (now
Nancy Wood) 0 who is personally known to me or E? who produced
14 �mk%s Ltvtge as identification and acknowledged before me that she
executed the same.
WITNESS my hand and official seal in the County and State last aforesaid
this /7 day of April, A. D. 2018.
MELINDA JT PLUMB
Notary ID #1 29458834
My Commission Expires Notary Public; St -Fbt'id�
June 14, 2021 -1 (Affix Notarial Seal)
Printed Name: -Mk,{n& ELIPb—
SIGNATURE PAGE FOLLOWS:
Page I 1 of 12
Traci Houchin, City Clerk
Approved as to form and legal su
\8/U= -Dl L Colbert, City . [Dey
CITY OF SANFORD
Deputy City Manager
Page 9 of 9
SCPA Parcel View: 22-19-30-501-0000-002A 4/11118, 8:33 AM
'aa�tn rx .cra Proilerty_._P.eeo Gard:
Parcel: 221�:;O-(:l
&?`ra. ;-x.t a::-s.�vx•cri.cxa��a Property Address: L2 HlAi 1�A!1F0RD FL :?21,71 _
Parcel information Value Summary
Parcel 22-19-30-501-0000-002A 2018 Working 2017 Certified
Values Values
Owner NASSER, SAMMY & NASSER, TONY
NASSER, NANCY Valuation Method CosttMarket Cost/Market
Property Address 17-92 HWY SANFORD, FL 32771 Number of Buildings 0 0
Mailing , 100 ALEXANDRIA BLVD STE 10 OVIEDO, FL 32765 Depreciated Bldg Value
Subdivision Name Depreciated EXFT Value
Tax District 01 -COUNTY -TX DIST 1 land Value (Market) $100 $100
Land Value Ag
DOR Use Code 0030 -VACANT WATERFRONT _
Exemptions ; i r tom. r .._ $100 $100
Portability Adj
Save Our Homes Adj $0 $0
I -.- Amendment 1 Adj $0 $0
,a k e o'n r o P&G Adj $0 $0
" Assessed Value $100 $100
Tax Amount without SOH: $1.47
2.011 i' Iax Lm' ntol'iL3, $1.47
Save Our Homes Savings: $0.00
Does NOT INCLUDE Non Ad Valorem Assessments
SF ir:incle County GIS
Legal Description
E 200 FT N OF US HWY 17-92
AMENDED PLAT RIBAUT FOREST
PB7PG11
Taxes _
Taxing Authority
Assessment Value
Exempt Values Taxable Value
County General Fund
$100
_ $0
$100
Schools
$100
_ $0
$100
Fire
$100
$0 _
$100
Road District
$100
$0
$100
SJWM(Saint Johns Water Management)
$100
$0
5100
County Bonds
$100
$0
$100
Sales
Description
Date Book
Page
Amount Qualified Vac/Imp
SPECIAL WARRANTY DEED
10/1/2007 6'84
_
�
$16,900 No Vacant
Land
_
Method Frontage
Depth Units
Units Price Land Value
LOT
1
$100.00
$100
http://parceidetaii.scpaft.org/ParcelDetailinfo.aspx?PID=221930501000000EXHIBIT Page 1 of 2
Page 1 of 2
SCPA Parcel View: 22-19-30-501-0000-002A 4/11118, 8:33 AM
http://parceidetaii.scpafl.org/ParcelDetailinfo.aspx?PID=2219305010000004,XHIBIT Page 2 of 2
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