2254 918 W 6th Street Sale Contract Lessard/CityMICHAEL BRADY LESSARD/CITY OF SANFORD
CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT for Sale is made on thi day of August, 2020 is made by and
between:
Michael Brady Lessard, hereinafter referred to as the "Seller", whose address 1908 Tabby
Way, New Smyrna Beach, Florida 32168-5382;
ZEN
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 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; (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 Tax Parcel Identification Number: 25-19-30-5AG-0712-0030.
Location/address: 918 West 6th Street.
Legal Description: South 50 feet of the West 124 feet, Block 7,Tier 12 TOWN OF
SANFORD, Plat Book 1, Page 62, Public Records of Seminole County, Florida.
3. Purchase Price. The purchase price is $10,500.00.
4. Payment of Purchase Price. The City will pay the purchase price as follows:
Upon signing of this Contract (deposit). $500.00
Amount of mortgage.
None. This is a cash purchase.
Balance to be paid at Closing of title, via wire(s) from a U.S. financial institution, subject
to adjustments at Closing, all wires being at the cost of the City). $10,500.00
5. Deposit Moneys. The $500.00 deposit set forth herein shall be the property of
the Seller if the City elects not to purchase the Property after the inspection period, but
shall be credited to the City at a Closing.
6. Mortgage Contingency. None. This is a cash transaction.
1 I Page
7. Time and Place of Closing. The Closing date will occur on or before
September 7, 2020. 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 with the use of electronic communications and
transmissions as may be feasible. 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. Notwithstanding the following
provisions of this Section, the City recognizes that the issuance of title insurance
may be problematic as the Property was recently acquired by the Seller by means
of a tax deed sale and that, if title insurance cannot be procured, that the City will
accept the release of the Seller's interest to the City by means of the quit claim
deed as set forth herein. At the Closing, the Seller will transfer ownership of the Property
to the City. The Seller will provide to the City a quit claim deed, 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 quit claim
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
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 (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 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
21Page
corrective title instruments and, inasmuch as this transaction is under threat of
condemnation, there are not State documentary stamps to be paid or affixed to the quit
claim deed of conveyance. See, Rule 1213-4.014, Florida Administrative Code. 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 costs to record the quit claim
deed, as aforesaid
9. Quit claim Deed; Representations of the Seller; Closing Documents. The
Seller agrees to provide and the City agrees to accept a quit claim deed with covenant as
to the Seller's acts and as necessary to release the Seller's interest to the City.
10. Personal Property and Fixtures. The Property shall be conveyed will all
personal property and fixtures as may be located on the Property although no such
property is known of.
11. Physical Condition of the Property. The Property is being sold "AS IS" and
"WHERE IS". The Seller does not make any claims of promises about the condition or
value of any of the Property included in this sale. The City has inspected the Property and
relies on this inspection.
12. Inspection of the Property. The City has inspected the Property to its
satisfaction.
13. Building and Zoning Laws. The Property is acquired with the City well
knowing that the Property is subject to the provisions the City of Sanford's Land
Development RegulationslLand Development Code as well as an array of other land
development regulations.
14. Termite Inspection/Radon Gas/Mold/Condition Of The Property (Flood Zone,
Energy And Lead -Based Paint). The City has evaluated all matters including, but not
limited to, termite inspections, radon gas analysis, mold evaluations, flood zone
conditions, energy efficiency and lead-based paint presence, to its satisfaction.
15. Property Lines. The Property is being sold "AS IS" and "WHERE IS".
16. Ownership. The Seller agrees to transfer and the City agrees to accept
ownership of the Property as if the City procured the property by means of the tax deed
sale by which the Seller became the owner of the property.
17. Correcting Defects. No additional provisions.
18. Risk of Loss. The Buyer is responsible for any damage to the Property.
19. Cancellation of Contract. No additional provisions.
31Page
20. Assessments for Municipal Improvements. The City shall have all liability as if
the City purchased the property at the tax deed sale and not the Seller.
21 Adjustments at Closing. The City and the Seller agree not to adjust the
following expenses, if any there are, as of the Closing date: electric services,water
charges, sewer charges and taxes. The Seller shall receive $10,500.00 without
deduction.
22. 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.
23. 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 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.
24. Remedies Upon Default. No additional provisions.
25. 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.
26. 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: William L. Colbert, Esquire
Stenstrom, McIntosh, Colbert & Whigham, P.A.
1001 Heathrow Park Lane
Suite 4000
Lake Mary, Florida 32746
If to Seller Michael Brady Lessard
411)age
1908 Tabby Way
New Smyrna Beach, Florida 32168-5382
27. 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. 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.
28. Brokers and Commission. 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 Contract or the purchase and sale referred to herein.
SIGNED AND AGREED: SIGNATURES FOLLOW:
51Page
Attest.
4 W—NAD*?'" —
4jk
Witness 1 Sign re
Witness # 1 Printed Name4k�-A f`i
City Of Sanford
N. Bgn9parte, JJ/, ICMA-CM
ianager--
g.2y"F'Z'4'
Michael Brady Lessard
is ael Brady Lessard
Witnes§ # 2 Signature
Witness # 2 Printed Name s~ hq v�-
ACKNOWLEDGEMENT
STATE OF FLORIDA)
COUNTY OF SEMINOLE )
HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Michael Brady
gessard { } whoispersonally known to me or { } who produced
f j ve-r (.,jLw �°-- as identification and acknowledged beforea that he
exec d the same. Sworn and subscribed before me, bA6W LeZ�'�y means
of {ti} physical presence or { }online notarization on theme ay of August, 2020.
LO
WITNESS my hand and official seal in the County and State last aforesaid this
L day of August, 2020.
(Affix Notarial Seal)
Traci Houchin, MMC, FCRM
I AMELAROBINSON
o
City Clerk
de
'.FOF F�.•
waded ThroNotaryPublicUnderwrilers
Approved as to legality only.
4 W—NAD*?'" —
4jk
Witness 1 Sign re
Witness # 1 Printed Name4k�-A f`i
City Of Sanford
N. Bgn9parte, JJ/, ICMA-CM
ianager--
g.2y"F'Z'4'
Michael Brady Lessard
is ael Brady Lessard
Witnes§ # 2 Signature
Witness # 2 Printed Name s~ hq v�-
ACKNOWLEDGEMENT
STATE OF FLORIDA)
COUNTY OF SEMINOLE )
HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Michael Brady
gessard { } whoispersonally known to me or { } who produced
f j ve-r (.,jLw �°-- as identification and acknowledged beforea that he
exec d the same. Sworn and subscribed before me, bA6W LeZ�'�y means
of {ti} physical presence or { }online notarization on theme ay of August, 2020.
LO
WITNESS my hand and official seal in the County and State last aforesaid this
L day of August, 2020.
(Affix Notarial Seal)
I AMELAROBINSON
o
MY COMMISSION # HH 024847
EXPIRES: July 2. 24
de
'.FOF F�.•
waded ThroNotaryPublicUnderwrilers
Notary Public; Siate of Florida
Printed Name:C(M [G- c�t5dl-'
6113age