2175 Lois Mae Paulucci Real Estate Contract - 1st & Pine AveTHIS CONTRACT for Sale is made on this 3rd day of February, 2020 is made by an(i---
beU.een:
Paul V. Mellini, as Trustee for the Lois Mae Paulucci Trust, dated May 1, 1997, as
amended by the 1 Oth complete amendment, hereinafter referred to as the "Seller", whose
address is C/O Tammy Agnini, RE/MAX Town Centre, 330 East Central Boulevard,
Orlando, Florida 32801;
01 T no
the City of Sanford, Florida, a municipal corporation, whose address is 300 North Park
Avenue, Sanford, Florida 32771, hereinafter referred to as the "City".
I . Purchase Contract. The Seller agrees to sell and the City agrees to buy the
Property described in this Contract; provided, however, that the City may not assign its
rights under this Contract without the express written consent of the Seller.
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 Seller'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 Numbers 30-19-31-515-22OA-0000/30-19-31-507-
OGOO-0060. (See attached Exhibit - Seminole County Property Appraiser Web site data
sheet printouts.)
Legal Description: All that part of Block 22, lying South of 1st Street, of CHAPMAN AND
TUCKER'S ADDITION TO SANFORD, according to the plat thereof, as recorded in Plal
Book 1 Page 24 of the Public Records of Seminole County, Florida together with Grantor's
interest in vacated street adjacent on South; AND Lots 6, 7, 8, 9, 10, of Block "G" of First
Street,
Fa -IN -M
ALL SOUTH OF 1 ST ST + 1/2 OF VACD ST ON S BLK 22 CHAPMAN + TUCKERS ADD
PB 1 PG 24.
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LOTS 6 7 8 9 + 10 & N 112 OF VACD ALLEY ADJ ON S BLK G 1ST STREET
EXTENSION PB 3 PG 76.
3. Purchase Price. The purchase price is $375,000.00.
4. Payment of Purchase Price. The City will pay the purchase price as follows:
Deposits: (held in escrow by Escrow Agent/City
Attorney).
191
Contract -Lender Mortgage Funding (see paragraph 6 for
mortgage contingency).
Balance to be paid at Closing of title, in cash or by
certified or bank cashier's check subject to adjustments
2t Closing).
'It 1 111101-
1&ZQ1$J11,rS1 frjg�
111 11,111 OVA'
$375,000.00 less the
amount(s) paid on
deposit by the City.
-Ell
or paid to the Seller by the Escrow Agent if the Buyer does not terminate this Contract
prior to the termination of the inspection period set forth in Section 12, as to the initial and
the payment of the said sum shall be the sole remedy against the Buyer.
6. Mortgage Contingency. None,
7. Time and Place of Closing. The Closing date will occur on or before May 1,
2020. Both parties will fully cooperate in order the Closing can take place on or before the
established Closing date. The Closing will be held at the office of the Seller's title
company. 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 Seller will
transfer ownership of the Property to the City. The Seller will provide to the City a special
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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 relative to the any changes in the
condition of the Property made by the City. 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 if any there is.
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
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forth herein. The City will inspect the Property during the inspection period set forth in
Section 12, and will rely on this inspection or the inspections and the provisions of this
Contract. The Seller agrees to maintain the grounds, buildings and improvements on the
Property subject to ordinary wear and tear if any there are.
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 March 26, 20 20)
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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
?s "flood areas". This means they are more likely to have floods than other areas. The
'Clity will evaluate this matter during the inspection period set forth in Section 12.
15. 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:
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(a). the rights of utility companies to maintain pipes, poles, cables and wires
#ver, 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; • (3) unreasonably limit the normal use • the Property as
contemplated • the City;
(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
• this Contract, the Seller will •- notified and provided with 15 • 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.
18. Termite Inspection/Radon Gas/Mold/Other Conditions Of The Property. Tht.
City shall evaluate all matters affecting the condition of the Property during the inspection
period set • in • 12.
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 cos)
• ••r the •!"
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
• annual real •rop taxes will be paid • the Seller at • before the Closing. If the
improvement is not completed before the Closing, then only the City will be responsible.
If the improvement is completed • the amount • the •' (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
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the estimate proves to have been too high). None are known at the time of the execution
of this Contract.
22. Adjustments at Closing. The City and the Seller agree to adjust the
following expenses as of the Closing date: any applicable, to the extent that any exist,
rents, municipal water charges, sewer charges, taxes, interest on any mortgage to be
assumed, other charges or insurance premiums. 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.
23. Possession. At the Closing the City will be given possession of the
Property. No tenant, if any there are, will have any right to the Property unless otherwise
agreed in this Contract.
24. Complete Contract. This Contract is the entire and only agreemen)
between the City and the Seller. This Contract replaces and cancels any previous
agreements between the City and the Seller. This Contract can 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.
(a). If the purchase and sale of the Property contemplated hereby is noll
consummated in accordance with the terms and conditions of this Contract due to
circumstances or conditions which constitute a default
sole and exclusive remedies hereunder shall be to be paid the deposit made under the
provisions of this Contract.
(b). In the event of a default by the Seller under the terms of this Contract that
is first discovered Wn the CN tTAV%r,*n4D
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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
th at the
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 (i) on the date
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and time of delivery if personally delivered or sent by electronic transmission or telecopy,
(ii) on the date and time delivered if sent by courier service, or (iii) on the date and time
indicated on the return receipt if mailed. Either party may change its address for notices
by giving • to the other as provided below.
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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.
300 International Parkway
Suite 100
Lake Mary, Florida 32746
If to Seller Paul V. Mellini
C/O Tammy Agnini
RE/MAX Town Centre
330 East Central Boulevard
Orlando, Florida 32801
28. Additional Provisions. The provisions of this Contract shall bind and
inure to the benefit of the heirs, personal representatives, successors and • (as
may
•- permitted) of the parties. This Contract shall •e governed • 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
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(a). Except as •' set forth in • 29(b) •' if so •
a
I UUfflef I I U I LF I" IF criase a no sale FeTerrea to nerein, an a 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
or insolvency,) which may be asserted or recovered against the indemnified party on
account • any brokerage fee, commission or • compensation arising • reason of
the indemnitor's breach of this representation and warranty. This Section 29(a) shall
survive the Closing • any termination • this •
(b). The Seller • the City acknowledge that Tammy Agnini, RE/MAX
Town Centre, 330 East Central Boulevard, Orlando, Florida 32801 ("Seller's Broker"), is
acting as the Broker for the Seller. In the event the Closing is consummated, • • if
such sale is consummated, the Seller will direct the Closing Agent to distribute a
commission to the Seller's Broker in accordance with their listing agreement.
I'llill Jill, IIJ!"I 'I'' i�il
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WITNESSES/ATTEST.-
Witne'* I Signdft re
Witnessst# 1 Printed Name
r
-/I A,
w
Witness # 2�pignature
Witness # 2 Printed Name
COUNTY OF SEM41040LE. )
I A A A
Paul V. Mellini, as Trustee for the Lois
Mae Paulucci Trust, dated May 1, 1997,
as amended by the 10th complete
amendment.
Date: January .31
�, 2020
FA91 IN 1k 0 T T 11 .1010 :117,
►
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
administer oaths and take acknowledgments, personally appeared Paul V. Mellini,
Trustee for the Lois Mae Paulucci Trust, dated May 1, 1997, as amended by the 10
complete amendment, Ef who is personally known to me or 0 who produc
as identification and acknowledged before me that t
executed the same. Sworn and subscribed before me by Paul V. Mellini by means of
physical presence or { ) online notarization and who is personally know by me on the
day of January, 2020.
41, WITNESS my hand and official seal in the County and State last aforesaid th
,3C day of January, A. D. 2020. 1
at pug JEFFREY D. REGAL
My COMMISSION # GG 100318
EXPIRES: August 29, 2021
Bonded Thru Notary Public Underwriter
r
V�
-*rinted Name:
1�4k'&14 "Li -e -y
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Attest.'
Traci Houchin, CIVIC, FCRM, City Clerk
Cn
A,
Approved as to form and legal sufficiency. 0
IN
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