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2164 305 S. Park Avenue Sales Contract305 SOUTH PARK AVENUE/CITY OF SANFORD CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT for Sale is made on this 18 day of August , 2019 is made by and between: KB Plus Inc hereinafter referred to as the "Buyer", whose address 516 Douglas Ave Ste 1110, Altamonte Springs, FL 32714. , AND 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 City agrees to sell and the Buyer 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 City'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: 25-19-30-5AG-0503-0090. (See attached Exhibit - Seminole County Property Appraiser Web site data sheet printout. Location/address: 305 South Park, Sanford, Florida. Legal Description (as shown on Seminole County Property Appraiser Web site): Lots 9 and 10 Bock 5 Tier 3, TOWN OF SANFORD, Plat Book 1, Page 58. 3. Purchase Price. The purchase price is $ 185,000 .00. 4. Payment of Purchase Price. The Buyer will pay the purchase price as follows: Upon signing of this Contract (deposit). $5000 Amount of mortgage. None. This is a cash purchase. Balance to be paid at Closing of title, in cash or by certified or bank cashier's check subject to adjustments at Closing). $ 180,000 .00 5. Deposit Moneys. The $5,000.00 deposit set forth herein shall be the property of the City if the Buyer elects not to purchase the Property after the inspection period, but shall be credited to the Buyer at a Closing. Page 1 of 14 6. Mortgage Contingency. None. This is a cash transaction. 7. Time and Place of Closing. The Closing date will occur on or before the 30 day of September , 2019. 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 Ownership/Insurance, Etc. At the Closing, the City will transfer ownership of the Property to the Buyer. The City will provide to the Buyer 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 Buyer. 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 Buyer upon recording of the deed to the Buyer, 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 City 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 surveyor's report to be furnished by the Buyer at the Buyer's expense). The Buyer 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 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 payment delivered to the City by the Buyer, 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 City 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 Buyer shall pay the cost of any surveys, tests or Page 2 of 14 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 City; Closing Documents. The City agrees to providAPARM Buyer agrees to accept a special warranty deed with covenant as to the City's acts and as necessary to vest insured title in the Buyer. The City 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 City has no notice or information of any litigation or administrative proceeding threatened or pending against the Property or the City's interest in it. The City shall not, without the consent of the Buyer, 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. 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 with 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 City does not make any claims of promises about the condition or value of any of the Property included in this sale except as may be specifically set forth in this Contract. The Buyer 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 City as provided for elsewhere in this Contract. The City agrees to maintain the grounds, buildings and improvements on the Property in the condition found on the date of this Contract, subject to ordinary wear and tear. 12. Inspection of the Property. The City agrees to permit the Buyer to inspect the Property at any reasonable time before the Closing. The City will permit access for all inspections provided for in this Contract. The Buyer may terminate this Contract on or before the end of the inspection period (which expires on 11.59 p.m. on August 30 2019) 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. The Property is acquired with the Buyer well knowing that the Property is subject to the provisions of Schedule "S", Historic Preservation, of the City of Sanford's Land Development Regulations/Land Development Code as well as an array of other land development regulations. Page 3 of 14 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 Buyer will evaluate this matter during the inspection period. 15. Property Lines. The City states that, to the best of City'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 City agrees to transfer and the Buyer 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 Buyer; (c). all items included in the historic preservation covenants and restrictions as attached hereto as an exhibit. In addition to the above, the ownership of the Buyer 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 City does not comply with paragraphs 15 or 16 of this Contract, the City will be notified and provided with 15 days to make it comply. If the City still does not comply after that date, the Buyer may cancel this Contract or give the City more time to comply. 18. Termite Inspection/Radon Gas/Mold/Condition Of The Property (Flood Zone, Energy And Lead -Based Paint). The Buyer shall evaluate all matters including, but not limited to, termite inspections, radon gas analysis, mold evaluations, flood zone conditions, energy efficiency and lead-based paint presence, during the inspection period. The City shall have no obligation relating thereto. 19. Risk of Loss. The City is responsible for any damage to the Property, except for normal wear and tear until the Closing. If there is damage, the Buyer can proceed with the Closing and either: (a). require that the City repair the damage before the Closing; or Page 4 of 14 (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 City 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 City at or before the Closing. If the improvement is not completed before the Closing, then only the Buyer will be responsible. If the improvement is completed but the amount of the charge (assessment) is not determined, the City will pay an estimated amount at the Closing. When the amount of the charge is finally determined, the City will pay any deficiency to the Buyer (if the estimate proves to have been too low), or the Buyer will return any excess to the City (if the estimate proves to have been too high). 22. Adjustments at Closing. The Buyer and the City agree to adjust the following expenses, if nay there are, as of the Closing date: electric services,water charges, sewer charges, taxes and insurance premiums. 23. Possession. At the Closing the Buyer 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 Buyer and the City. This Contract replaces and cancels any previous agreements between the Buyer and the City. This Contract can only be changed by an agreement in writing signed by both Buyer and the City. The City states that the City has not made any other Contract to sell the Property to anyone else. The City has an agreement to pay a Florida licensed real estate broker a real estate commission, including separate fees, which the City shall bear the sole responsibility for the fulfillment of this Contract. 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 Maria Shreve, 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 Buyer hereunder, the City's sole and exclusive remedies hereunder shall be retainage of the Payment previously paid by the Buyer. Page 5 of 14 (b). In the event of a default by the City under the terms of this Contract that is first discovered by the Buyer prior to the Closing and is not cured by the City as provided hereunder, the Buyer's sole and exclusive remedies hereunder shall be either to (i) terminate this Contract or (ii) seek specific performance of the City'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: Tom George Deputy City Manager City of Sanford City Hall 300 North Park Avenue 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 Buyer Clark E. Canada 516 Douglas Ave Ste 1110 Altamonte Springs, FL 32714 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 Page 6 of 14 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. (a)- Except as specifically set forth in Sections 24 and 29(b) hereof, if so shown, the City and the Buyer 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 Contract or the purchase and sale referred to herein, and the City and the Buyer 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 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 City and the Buyer acknowledge that REMAX Town Centre, Maria Shreve, an active Florida licensed real estate broker ("City's Broker'), is acting as the Broker for the City. In the event the Closing is consummated, but only if such sale is consummated, the City will direct the Closing Agent to distribute a commission to the City's Broker. SIGNED AND AGREED: (SIGNATURE PAGES FOLLOW): Page 7 of 14 WITNESSES/A Mness # 1 Stgnature &ZdazM e: <6 Witness # 1 Printed Name WitneAj kSignature_,...,. r Witness # 2 Printed Ngmd:7 STATE OF FLORIDA COUNTY OF SEMINOLE ) 64V4 41 cv��� Buyer - Clark E. Canada Date: August — 18,2019 ACKNOWLEDGEMENT I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Emg8ne 614 - Clark E. Canada 21 who is personally known to me or 0 who produced 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 ay of AaodL , A. D 2019. d v L MARY E ATHER Notary Pubk; State of Florida MY COMMISSION # GG 150716 (Affix Notarial Seal ) - v, EXPIRES October 11, 2021 Printed Name: 1rjAfj c, 4hel- I SIGNATURE PAGE FOLLOWS: Page 8 of 14 Attest. City Of Sanford By: Traci Houchin, City Clerk Jeff Triplett, M Page 9 of 14 This Instrument Prepared By and Return To: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert, & Whigharn, P.A. 1001 Heathrow Park Lane, Suite 4001 Lake Mary, Florida 32746 Tax Parcel Identification Numbers: 25-19-30-5AG-0503-0090. HISTORIC PRESERVATION COVENANTS AND RESTRICTIONS THESE HISTORIC PRESERVATION COVENANTS AND RESTRICTIONS made this 18 day of August —, 2019, by KB Plus Inc whose principal address is 516 Douglas Ave Ste 1110, Altamonte Springs, FL 32714 , hereinafter referred to as the "Grantor", and, CITY OF SANFORD, a Florida Municipal Corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771 hereinafter collectively referred to as the "City". WITNESSETH THE GRANTOR hereby agrees that the Subject Property shall be and shall permanently remain subject to the following agreement, easements, covenants and restrictions. These covenants and restrictions shall run with and burden the Subject Property in perpetuity, which the Grantor, and all heirs, successors, and assigns, covenant and agree, in the event the Subject Property is sold, or the transfer of ownership occurs, will be inserted in the deed or other instrument conveying or disposing of the Subject Property or referenced by Official Records book and pages. The Subject Property, as referenced herein, is the following real Seminole County Parcel Identification Number: 25-19-30-5AG-0503-0090. (See attached Exhibit - Seminole County Property Appraiser Web site data sheet printout. Location/address: 305 South Park, Sanford, Florida. Legal Description (as shown on Seminole County Property Appraiser Web site): Lots 9 and 10 Bock 5 Tier 3, TOWN OF SANFORD, Plat Book 1, Page 58. (2). These covenants and restrictions shall be administered solely by the City, it's successors in interest or assigns; and in all subsequent conveyances of the Subject Property, the City, its successors in interest or assigns shall be the sole party entitled to administer these covenants and restrictions. (3). The Grantor covenants and agrees to rehabilitate the Subject Property according to the terms and conditions as set forth herein, and, after rehabilitation, to continuously maintain, repair, and administer the Subject Property in accordance with applicable land development regulations and building codes (including Schedule "S" of the City's Land Development RegulationslLand Development Code and the specific provisions of Section 12.0 relating to demolition, the criteria for reviewing demolition permits, waiting periods, economic hardship matters, demolition by neglect Page 10 of 14 permits, and documentation requirements as well as with The Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings (2017) (hereinafter the Standards) so as to preserve the protection integrity of features, materials, appearances, workmanship and environment of the Subject Property. Maintenance shall be continuously provided. Said Standards are attached hereto and incorporated in these covenants by reference. (4)_ No alteration and no physical or structural change and no changes in the material or surfacing shall be made to the exterior of the Subject Property without the prior written of the City. (5). No addition or additional structure may be constructed or permitted to be built upon the Subject Property unless plans and exterior designs of the type customarily created to illustrate and to aid in the construction of such structure or addition have been submitted to the City in advance and have been approved in writing by the City. The City in reviewing the plans and designs for any addition or additional structure shall consider the following criteria: exterior building materials; height; fenestration; roof shapes, forms, and materials; surface textures; expression of architectural detailing; scale; relationship of any additions to the main structure; general form and proportion of structures; orientation to street; setback; spacing of buildings, defined as the distance between adjacent buildings; lot coverage; use of local or regional architectural traditions; and effect on archaeological resources and all pertinent laws, codes, rule and regulations including, but not limited to, Schedule "S" of the City's Land Development RegulationslLand Development Code. Contemporary designs for additions or additional structures shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, archaeological or cultural material, and such design is compatible with the size, color, material and character of the Subject Property and its environment. (6). There are Standards for four distinct, but interrelated, approaches to the treatment of historic properties -- Preservation, Rehabilitation, Restoration, and Reconstruction. Preservation focuses on the maintenance and repair of existing historic materials and retention of the Subject Property's form as it has evolved over time. (Protection and Stabilization have now been consolidated under this treatment.) Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or changing uses while retaining the property's historic character. Restoration is undertaken to depict the Subject Property at a particular period of time in its history, While removing evidence of other periods. Reconstruction re-creates vanished or non -surviving portions of the Subject Property for interpretive purposes. In summary, the simplification and sharpened focus of these revised sets of treatment standards is intended to assist users in making sound historic preservation decisions. Choosing appropriate treatment for a historic property, whether preservation, rehabilitation, restoration, or reconstruction, is critical. This choice always depends on a variety of factors, including the property's historical significance, physical condition, proposed use, and intended interpretation. The Grantor and the City hereby agree that the interior Page 11 of 14 architectural features listed below are elements which contribute to the architectural significance of the Subject Property: (7). The following provisions shall apply to the implementation of these covenants and restrictions: (a). After the Subject Property has been rehabilitated, no removal, relocation, or alteration of the above mentioned architectural features shall be made without the prior written approval of the City. (b). Neither the Subject Property nor any part thereof may be removed or demolished, in whole or part, without the prior written approval of the City after approval, with findings, by the Historic Preservation Board (HPB), relative to the requirements of Section 12.0 of Schedule "S" of the City's Land Development RegulationslLand Development Code, including, but not limited to, the provisions relative to demolition by neglect. The Grantor shall have an affirmative obligation to maintain the Subject Property in accordance with the requirements stated specifically herein and referenced herein. It is specifically noted that: (i). the Grantor shall apply for a Certificate of Appropriateness (COA) and pay required all application fees relative to any work or action on the Subject Property; (ii). the HPB shall review the application as if it was a new alteration and not consider the fact that any alteration has already been initiated or completed; and (iii). if the COA is denied, the owner shall comply with the Schedule "S" regulations, even if doing so requires partial or total demolition of the improvements already made. Neither the failure to obtain a COA prior to undertaking work or a violation to an approved COA constitutes grounds for an economic hardship determination. (c). When seeking approvals from the City, the Grantor shall give written notice to the City. Said Notice shall include the plans and drawings as determined by the City. The City's decisions shall be based on the criteria set forth herein and shall not be unreasonably withheld. (d). In case of any contemplated sale of the Subject Property or any portion thereof by the Grantor or any successor in title thereto, first refusal as to any bona fide offer of purchase must be given to the City. In such event, the Grantor shall notify the City the terms of any bona fide offer of purchase the Grantor has received. If the City so decides to purchase, it shall notify the then owner of its willingness to buy upon the same terms within thirty (30) days of receipt of written notice of such bona fide offer. Failure of the City to notify the then owner of its intention to exercise this right of first refusal within such thirty (30) day period shall free the owner to sell pursuant to the bona fide offer. When written notice to the Grantor is required by these covenants and restrictions, it shall be deemed given when given to the Grantor personally, posted to the Grantor at Grantor's last known address by first class mail or left at the Subject Property in the custody of a responsible adult. (e). Representatives of the City shall have the right to enter the Subject Property at reasonable times, after giving reasonable notice, for the purpose of Page 12 of 14 inspecting the buildings and grounds to determine if there is compliance by the Grantor with the terms of these covenants and restrictions. Notice under this paragraph may be written or oral. (f). Representatives of the City shall have the right of access to the exterior and interior features of the Subject Property. (g). The Subject Property the City seeks to protect may contain certain hazards as a result of outdated building practices or use of certain materials that may contain lead paint, asbestos, or some other hazards that may need to be removed or encapsulated before the buildings are habitable. Addressing these problems is one of the challenges of owning and restoring a historic property. The City does not have the resources to correct these problems and cannot take responsibility for the condition of the Subject Property being sold. The City is not liable in any way for any hazards, defects, or other problems with the Subject Property under the covenants created herein or for any damage caused by the Subject Property. (h). In the event of a violation of these covenants and restrictions, all legal and equitable remedies, including injunctive relief, specific performance, and damages, shall be available to the City. No failure on the part of the City to enforce any covenant or restriction herein nor the waiver of any right hereunder by the City shall discharge or invalidate such covenant or restriction or any other covenant, condition or restriction hereof, or affect the right of the City to enforce the same in event of a subsequent breach or default. (i). The City and the Grantor may by mutual agreement alter or amend these Covenants and restrictions. Said alteration or amendment to be effective, shall be in writing, signed and acknowledged by the Grantor and President of the City, attested by the Secretary of the City, and recorded in the Office of the Register of Deeds in Durham County and any other county wherein a portion of the Subject Property may lie. (k). No waiver of any one or more breaches of these covenants and restrictions or of any rights or obligations hereunder shall constitute a waiver of a party's right to enforce further or other breaches of, or rights or obligations under these covenants and restrictions, nor shall waiver of enforcement of certain provisions in other agreements with the City or with third parties be deemed to constitute a waiver of the right to enforce similar such provisions in these covenants and restrictions. (I). These covenants and restrictions contains the entire understanding of the parties hereto, supersedes all previous oral or written representations or agreements related to the subject matter hereof. (m). These covenants and restrictions shall be interpreted under the laws of the State of Florida without regard to the place of its physical execution or performance. Page 13 of 14 (n). If any provision of these covenants and restrictions shall be construed to be illegal or invalid, it shall not affect the legality or the validity of any of the other provisions hereof but shall be severable and all other provisions shall remain in full force and effect. IN WITNESS WHEREOF, XXXXXX has signed and sealed these presents the day and year above and below written. DATED this 18 day of August ,2019. WITNESSES/ATTEST' ess f-1 Signature Clark E. Canada e---. 9&12/1..x. tC. S Date: ' t?' –J--2— , 2019 Witness # 1 Witnes!97# 2 Signature �F-Aql,t Witness # 2 Printed Namet ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Emgei ie 019leffl11ebM Clark E. Canada W who is personally known to me or El who produced as identification and acknowledged before me that he executed the same. a WI NESS my hand and official seal in the County and State last aforesaid this ZL day of Q A. D. 2019. 0 MARY E ATHER MY COMMISSION # GGIS0716 , October 11 2021 EXPIRES I )W, � MA Notary Poblic; State of Florida (Affix Notarial Seal) Printed Name: fAn C, NNW' 1j Page 14 of 14 Comprehensive Rider to the Residential Contract For Sale And Purchase �--Realtors THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR _. If initialed by all parties, the clauses below will be incorporated into the Florida Realtors® /Florida Bar Residential Contract For Sale And Purchase between City of Sanford, Florida (SELLER) and KB Plus Inc (BUYER) concerning the Property described as 305 South Park Ave Sanford Florida 32771 Buyer's Initials Seller's Initials AA. LICENSEE DISCLOSURE OF PERSONAL INTEREST IN PROPERTY Jonathan Canada has an active or inactive real estate license and has a personal interest in the Property (specify if licensee is related to a party, or is acting as Buyer or Seller, etc.) Licensee is related to the President of the corporation buying property. Page I of I AA. LICENSEE DISCLOSURE OF PERSONAL INTEREST IN PROPERTY CR -5x Rev. 6/19 0 2015 Florida Realtors® and The Florida Bar. AM rights reserved. Serial#. 024729-400156-6175275 Form Simplicity Comprehensive Rider to the Residential Contract For Sale And Purchase ���Realtors THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR If initialed by all parties, the clauses below will be incorporated into the Florida Realtors®/Florida Bar Residential Contract For Sale And Purchase between City of Sanford, Florida (SELLER) and KB Plus-Tn-c (BUYER) concerning the Property described as 305 South Park Ave Sanford Florida 32771 Buyer's Initials Seller's Initials F. APPRAISAL CONTINGENCY This Contract is contingent upon Buyer obtaining, at Buyer's expense, a written appraisal from a licensed Florida appraiser, on or before September 19, 2019 (if left blank, then at least ten (10) days prior to Closing), stating that the appraised value of the Property is at least $ 175,000.00 (if left blank, the Purchase Price). If the appraisal states that the appraised value of the Property is less than the above value, Buyer shall deliver a copy of such appraisal to Seller within 3 days after the above date and deliver written notice to Seller, either: a) terminating this Contract in which event the Deposit paid shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract; or b) waiving and removing this contingency and continuing with this Contract without regard to the appraised value of the Property, except as provided in Paragraph 8(b) if it is checked. If Buyer fails to timely obtain an appraisal, or having timely obtained such appraisal fails to timely deliver notice of Buyer's exercise of the right to terminate granted above, this contingency shall be waived and removed, and Buyer shall continue with this Contract, without waiving any of Buyer's rights in Paragraph 8(b) if it is checked. Page 1 of 1 F. APPRAISAL CONTINGENCY CR -5x Rev. 6/19 © 2015 Florida RealtorsO and The Florida Bar. All rights reserved. Serial#: 047756-00015"176242 Form Simplicity Comprehensive Rider to the Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR -f Rf lC) C� If initialed by all parties, the clauses below will be incorporated into the Florida Realtors'/Florida Bar Residential Contract For Sale And Purchase between City of Sanford, Florida (SELLER) and KB Plus Inc (BUYER) concerning the Property described as 305 South Park Ave Sanford Florida 32771 Buyer's Initials C.�:�t..�' Seller's Initials P. LEAD-BASED PAINT DISCLOSURE (Pre -1978 Housing) Lead -Based Paint Warning Statement "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspection in the seller's possession and notify the buyer of any known lead- based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." Seller's Disclosure (INITIAL) (a) Presence of lead-based paint or lead-based paint hazards (CHECK ONE BELOW): ❑ Known lead-based paint or lead-based paint hazards are present in the housing. ❑ Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing. (b) Records and reports available to the Seller (CHECK ONE BELOW): ❑ Seller has provided the Buyer with all available records and reports pertaining to lead-based paint or lead-based paint hazards in the housing. List documents: ❑ Seller has no reports or records pertaining to lead-based paint or lead-based paint hazards in the housing. Buyer's Acknowledgement (INITIAL) CsL�+ (c) Buyer has received copies of all information listed above. cl*� (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. (e) Buyer has (CHECK ONE BELOW): .Received a 10 -day opportunity (or other mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint or lead-based paint hazards; or ❑ Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint or lead-based paint hazards. Licensee's Acknowledgement (INITIAL) (f) Licensee has informed the Seller of the Seller's obligations under 42 U.S.C.4852(d) and is aware of Licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true d accurate. SrELLER Dat BUYER Date SELLER Listing Licensee Date Date BUYER Selling Licensee Date Date Any person or persons who knowingly violate the provisions of the Residential Lead -Based Paint Hazard Reduction Act of 1992 may be subject to civil and criminal penalties and potential triple damages in a private civil lawsuit. Page 1 of 1 P. LEAD-BASED PAINT DISCLOSURE CR -5x Rev. 6/19 © 2015 Florida RealtorEP and The Florida Bar. All rights reserved. Serial#:065104-200156-6175721 Form Simplicity