2345 Option Contract for Real Estate - 176 Lakebreeze Cir Lk MaryTo: City Clerk
RE: Option Contract for Real Estate (Parcel 03-205AY-0000-0688)
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Ordinance
F-1 Resolution
M Option Contract for Real Estate (Parcel 03-205AY-0000-068B)
❑ Mayor's signature
❑ Recording
❑ Rendering
Safe keeping (Vault)
❑ City Manager
❑ City Attorney's Sijznature
Once completed, please:
F-1 Return original
F-1 Return copy
Z —Notify us it has been received for safe keeping
Special Instructions:
Please store for safe keeping.
Thank you!
B.Marcous 7/7/2021
From Date
ADRIENNE V. WINBUSHICITY OF SANFORD
OPTION CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT for Sale is made on this 6th day of February, 2017 is made by and
between: ADRIENNE V. WINBUSH
Adrienne V. Winbush, hereinafter referred to as the "Seller", whose address is 176
Lakebreeze Circle Lake Mary, FL 32746;
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".
9. Purchase ContractThe 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: 3938 Kentucky St., Sanford FL 32771
Seminole County Parcel Identification Number:
03-20-31-5AY-0000-068B
Location/address:
3938 Kentucky St., Sanford FL 32771
Legal Description: -
East 165 feet of West 330 feet of South 330 feet of Lot 68, Plat of Celery Delta, as
recorded at Plat Book 1, Pages 75 through 76 of the Official Records of Seminole County,
Florida
3. Purchase Price. The purchase price is $73,000.
4. Payment of Purchase Price. The City will pay the purchase price as follows:
Previously paid by the City (option deposit) $500.00
Upon signing of this Contract (balance of deposit) $ 0.00
Amount of mortgage $ 0.00
<Contract -Lender Mortgage Fundings (see paragraph 6 $ 0.00
for mortgage contingency)
. I
Page I of 9
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 adjustment at $72,500.
Closing)
S. Option Deposit Moneys. The $500.00 option deposit set forth herein shall, upon
payment by the City to the Seller obligate to leave the offer set forth herein open to the
City to accept by execution of this Contract on or before the 27th day of February, 2017.
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 301
day of March, 2017. Both parties will fully cooperate in order the Closing can take place
on or before the established Closing date. T * he 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 OwnershipiInsurance, Etc. At the Closing, the Seller Will
transfer ownership of the Property to the City. The Seller will provide to the City 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 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 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
Page 2 of 9
obtain a refund of the Deposit, 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 Seller. 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 and for 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 Seller 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 statutory 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
9
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 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.
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 shall 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
Page 7, of 9
elsewhere in this Contract. The Seller agrees to maintain the grounds, buildings and
improvements on the Property 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 is 11.59 p.m. on March 15, 2017) 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.
16. Property Lines. The Seller states that, to the best of Sellers 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;
(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. I
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.
Page 4 of 9
18. 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.
23. Possession. At the Closing the. City will be given possession of the
Property. No tenant will have any right to the Property unless otherwise agreed in this
Contract.
24. Complete Con ' tractThis 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. The Seller has no agreement to
pay any Broker.
26. Remedies Upon Default.
page 5of9
(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 Sellers
sole and exclusive remedies hereunder shall be either to (i) seek actual damages incurred
by the Seller or (ii)' seek specific performance of the -Seller's. obligations under this
Contract.
(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 Sellers 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 ()C) 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 Marcous
Interim Utility Director
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
• Page 6 of 9
If to Seller Adrienne V. Winbush
176 Lakebreeze Circle
Lake Mary, FL 32746
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.
(a). Except as specifically set forth in Section 29(b) hereof, if so shown,
the Seller and the City each represent and warrant to the other that neither has employed,
retained or consulted any 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
the indemnitor's breach of this representation and warranty. This Section 29(a) shall
survive the Closing or any termination of this Contract
(b). The Seller and the City acknowledge that Paul Osborne, of Venture
Properties, a 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 shall pay a 3% commission to the City's Broker.
Page 7 of 9
SIGNED AND AGREED: (SIGNATURE PAGES FOLLOW):
WITNESSES/ATTEST-
Witness # 1 Skignature
Witness # I Printed Name
#2
# 2 Printed Name
STATE OF FLORIDA
COUNTY OF SEMINOLE )
Adrienne V. Winbush
04','c9
Date: 0-- 15, 2017
ACKNOWLEDGEMENT
ho *d to
ze
I HEREBY CERTIFY that on this day, before me, an officer duly aut
administer " oaths and take acknowiedgments, personally appeared XXXY r1vZo is
personally known -to me or 0 who produced FtDL as
identification and acknowledged before me that s/he executed the same.
_tL6'WITNESS my hand and official seal in the County and State last aforesaid this day of February, A. D. 2017. "1*
4.1 * WIN i JORDAN VWNBUSH
h -FA h. mm ssI #
My COMMISSION # FF945M
EXPIRES
019
XPIRES Demmber 22, 2019
Notary Public;, a e 0 or
(Affix Notarial Seal)
Printed Name: 7._Oaltr� ( 0�
SIGNATURE PAGE FOLLOWS:
Page 8 of 9
Attest City Of Sanford
By:
Cyntfiia Porter, City Clerk Jeff Triplett, Mayor
Date: 2-- 7—']
Approved as to form and legal sufficiency.
Liam L. Colbert City Attorney
Page 9 of 9
r. ".
Addendum to Residential Sale and Purchase Contract
— Rtsmm-MAL REAL ESTATE
Addendum NumberAA . This addendum shall amend, modify and be part of the certain
Residential Sale and Purchase Contract dated 02/06/2017 concerning
the property described as: 3938 Kentucky Street, Sanford, FL 32773
by and between Adrienne Winbush (Seller)
and City of Sanford, Florida, a municipal corporation (Buyer).
Buyer and Seller hereby agree as follows:
addendum is written to alter Clause 29 A. to reflect that SELLER is represented by Andrew Pierson of
mell Banker. The buyer shall not be responsible for any commission to be paid to Mr. Pierson or his
and the seller shall pay all on such costs at closing.
Date
Date
Buyer
Buyer
Date Seller
Date Seller
Copyright 2007 Coldwell Banker Residential Real Estate LILC
An Equal Opportunity Company. An Equal Housing Opportunity. Owned and Operated by NRT ULC 7107
d
C'=PverW.td
11, AIPM EST
)44X
-0M
0I-A4M3-N9KN
W.WeLIL-41,11
Addendum to Residential Sale and Purchase Contract 1? OMK 10,2'
FlU
'177
IME �61. tflwm
Addendum NumberAA . This addendum shall amend, modify and be part of the certain
Residential 'Sale and Purchase Contract dated 02/06/2017 concerning
the property described as: 3938 Kentucky Street, Sanford, FL 32773
by and between Adrienne Winbush (Seller)
and Ci of Sanford, Florida, a municipal corporation (Buyer).
Buyer and Seller hereby agree as follows:
This addendum is written to alter Clause 29 A. to reflect that SELLER is represented by Andrew Pierson of
Caldwell Banker. The buyer shall not be responsible for any commission to be paid to Mr. Pierson or his
firm and the seller shall pay all on such costs at closing.
Date Z-- ?--I —1 -7 Buyer
Date
Buyer
Date Seller
Date Seller
Copyright 2007 Caldwell Banker Residential Real Estate ULC
An Equal Opportunity Company. An Equal Housing Opportunity. Owned and Operated by NRT LLC 7107
Seller's Real Property Disclosure Statement
1. SELLER(S) NAME(S):Adrienne winbush
Property Address: 3938 Kentucky Street Sanford, FL 32773
Is each individual named above a U.S. Citizen or resident alien? Yes 0 No
Approximate Age of Property: unknown Date Purchased: unknown
2. NOTICE TO SELLER
Each Seller is obligated to disclose to a buyer all known facts that may materially affect the value of the property being sold
and that are not readily observable. This disclosure statement is designed to assist the seller in complying with disclosure
requirements and to assist the buyer in evaluating the property being considered. The listing real estate broker, the selling real
estate broker and their respective representatives (collectively, "Brokers") will also rely upon this information when they
evaluate, market and present the property to prospective buyers.
3. NOTICE TO BUYER
THIS IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED By
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT BUYER MAY WISH TO OBTAIN. ITIS
NOT A WARRANTY OR REPRESENTATION OF ANY KIND BY THE BROKERS (NONE OF WHOM HAVE MADE ANY
INDEPENDENT VERIFICATION OF THE INFORMATION CONTAINED HEREIN), AND BUYER AGREES NOT TO RELY ON THE
INFORMATION CONTAINED HEREIN AS SUCH. BUYER AGREES TO INDEMNIFY AND HOLD BROKERS HARMLESS FROM
ANY NON -DISCLOSURE, OMISSION, OR MISREPRESENTATION OF SELLER. SELLER SHALL NOT BE OBLIGATED TO
REPAIR OR CORRECT ANY ITEM LISTED BELOW UNLESS STATED IN THE SALES CONTRACT.
4. OCCUPANCY
Does Seller currently occupy this property? Yes ONo ®If not, how long since Seller occupied the property?
Is the property currently being leased? Yes [:]No ®If yes, when does the lease expire?
6. LAND (SOILS, DRAINAGE AND BOUNDARIES)
(a) Is there any fill or expansive soil on the property? Yes 0 No 0 Unknown 0
(b) Do you know of any sinkhole, sliding, settling, earth movement, upheaval or earth stability problems that have occurred on
the property or in the immediate neighborhood? Yes[] No 0
(c) Has any insurance company paid any amounts on a sinkhole claim? Yes []NoO If "Yes"; were the full amounts of the
proceeds utilized to repair the sinkhole damage? Yes[] NoO (Required pursuant to §627.7073, Fla. Stat.).
(d) Is the property located in a flood zone or wetlands area? Yes 0- No [] Unknown 0
(e) Do you currently have flood insurance? Yes [] No 0 Is the policy assumable? Yes [] No [_-] Unknown
(f) Do you know of any past or present drainage or flood problems affecting the property or adjacent properties? Yes [] No
(g) Is the property partially or totally seaward of the Coastal Construction Control Line? Yes U3 No (J Unknown 0
(h) Do you know of any encroachments, boundary lines disputes, or easements affecting the property? Yes E]Noo
If any of your answers in this section are "Yes," explain in detail:
STRUCTURAL ITEMS
(a) Areaware of any past or present movement, shifting, deterioration, or other problems with walls or foundations?
YesaX 0
(b) Have you ever filed an insurance or manufacturer's claim for defective or damaged construction materials? Yes ONo 0
(c) Are you aware of any past or present cracks or flaws in the walls or foundations? Yes 0 No 0
(d) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?
Yes t3Noo
(e) Have there been any repairs or attempts to control the cause or effect of any problem above? Yes [] No 0 Unknown ❑
If any of your answers in this section are "Yes," explain in detail. When describing repairs or control efforts, describe the
location, date, nature of repair or control effort, and name of person who performed repair or control effort:_
ADDITIONSIREMODELS
(a) Have you made any additions, structural changes, or other alterations to the property? Yes [I No 0
If 'Yes," did you obtain all necessary permits and approvals and was all work done in compliance with building codes?
Yes [3 No 0 if your answer is "No," explain:
(b) If in flood zone, has there been any major remodeling or additions within the past 5 years that would impact the FEMA
50% rule? Yes []No []Approximate cost of additions/ remodeling
(c) Did any former owner(s) make any additions, structural changes, or other alterations to the property? Yes [] No
Unknown [] If "Yes", was all work done with all necessary permits and approvals and in compliance with building codes?
Yes 0 NX0 Unknown Olf your answer is "Na", explain:
ELECTRICAL SYSTEM
Are you aware of any problems or conditions that affect the value or desirability of the electrical system? Yes [3No 0
If "Yes," explain in detail:
Seller Initials I 0,;;n-,- I 1, I I Buyer Initials
02011 Cofdwell Banker Residential Real Estate
An Equal Opportunity Company. Equal Housing Opportunity. Owned and Operated by NRT LLC. (Rev. 06111)
Page I of 3
Seller Name: Adrienne Winbush Property Address: 3938 Kentucky Street
9. HEATING AND AIR CONDITIONING
(a) Air Conditioning: Central Electric OCentral GasMWindOW2Units Included in Sale
(b) Heating: HElectric ❑Fuel Oil Natural Gas V Other
C
(c) Water Heating: ®ElectricHGas Solar Other
0
Are you aware of any problems regarding these items? Yes [3 No If "Yes," explain in detail:
10. PLUMBING -RELATED ITEMS
(a) What is your drinking water source: Public [] Private System 0 Well on Property 21
(b) What is the water source for your sprinkler system, if applicable?
(c) If your drinking water is from a well, when was your water last checked for safety and what was the result of the test?
(d) Do you have a water softener? Yes [] No 0 Is it Leased Owned
(e) What is the type of sewage system: Public Sewer ❑ Private Sewer Septic Tank Cesspool
(0 Is there a sewage or sump pump? Yes [3 No 0
(g) When was the septic tank or cesspool last serviced?unknown
(h) Doou know of any leaks, backups, or other problems relating to any of the plumbing, water, or sewage system? Yeso
No If 'Yes", explain in detail:
11. ROOF
(a) Approximate age: un1mown years.
(b) Has the roof ever leaked during your ownership? Yes [[No® Unknown
(c) Has the roof been replaced or repaired during your ownership? Yes [I No
(d) Are you aware of any past or present hail or wind damage? Yes [] No 0
(e) Have you ever filed an insurance or manufacturers claim for roof defects or damage? Yes []No 0
Do you know of any problems with the roof or rain gutters? Yes 0 No RI
If any of your answers in this section are "Yes," explain in detail:
12. TERMITES, DRY -ROT, PESTS
(a) Do you have any knowledge of termites, dry -rot, or pests on or affecting the property? Yes []No
(b) Do you have any knowledge of any damage to the property caused by termites, dry -rot, or pests? Yes [] No
(c) Is your property currently under warranty or other coverage by a licensed pest control company? Yes LINO
If yes, please state the name of the company:
(d) Does the warranty cover repairs? Yes [] Na 0 / Does the warranty cover Ve—atment?Ws No 0
Does the warranty cover regular pest control? Yes C]Noo Does the warranty transfer to the Buyer? Yes:]NoO
(e) Do you know of any termite or pest control reports or treatments for the property in the last five years? Yes 8 No b(j
If any of your answers in this section are "Yes," explain in detail:
13. EQUIPMENT AND APPLIANCES
Mark the items that may be included in the sale of yourpro erty Electric Garage Door Opener Number of
Transmitters);Ij Hurricane shutters or panels (Q Complete
[Partial set ); Security Alarm System ([30wned []Leased,
Omonitored UNon-monitored); _01 -awn Sprinklers; Smoke Detectors (How many? LjAutomatic Timer;
Swimming Pool; [] Pool Heater, U Sath t tub; 0 Pool/Spa Equipment list):
Refrigerator, []Stove; 00ven; aou
Microwave Oven; Owasher, UDryer; ElDishwasher, []Trash Compactor,
intercom; ®Ceiling Fans; []Disposal, [jIce Maker, 0Other
Are any of these in need of repair or replacement? Yes ONO -0 If "Yes," explain in detail: missing a blade
Are you aware of any swimming pool or spa leaks? Yes [] No ®If "Yes!', explain in detail:
14. DOCKS, DAVITS, PIERS AND SEAWALLS
(a) Are you aware of any conditions that may affect the deslrabllity, use, or function of the dock, davits, pier or seawall?
Yes[] No 0 If "Yes!', explain:
(b) Was (is) a federal, state, or local governmental permit required for the construction or maintenance of the dock davits,
pier or seawall? Yes [3No (3 Unknown 0 If "Yes", were all appronate permits and approvals issued for the
construction and maintenance of such structures? Yes []No[] Unknown If no, explain*
15. MOLD AND TOXIC SUBSTANCES
(a) Are you aware of an past or present water leakage,
space? Yes 0 No [I
(b) Arevnu aware of any past or present instances of mold
Yes jj_No &I If -Yes", explain in detail:
Seller Initials Buyer Initials
accumulation, or dampness within the house, basement or crawl
or water or moisture intrusion in the structure(s) on the property?
012011 Coldwell Banker Residential Real Estate
An Equal Opportunity Company. Equal Housing Opportunity. Owned and Operated by NRT I.I.C. (Rev. 06111)
Page 2 of 3
Seller Name: Adrienne Whibush Property Address: 3938 Kentucky Street
(c) Are you aware of any past or present damage to the structure(s) on the property that resulted from water or moisture
intrusion, including, but not limited to, the presence of mold? Yes [] No 0
If yes, where:
(d) Are you aware of any underground tanks or potentially toxic substances present on the property (structure or soil) such as
asbestos, PCB'S, accumulated radon, Chinese/defective drywall, lead paint, above ground or buried oil tanks, or others?
Yes[] No 0 Unknown[]
If "Yes," explain in detail:
(e) Are you aware of whetherthe hasbeenfor any of the items listedin(d) above? Yes U No U Unknown
If "Yes," explain in detail:
Are you aware of any repairs or other corrective or remedial measures that were undertaken as a result of the matters
identified in sections (a), (b), (c), (d) or (e) above? Yes 0 No 0 If "Yes", explain in detail:
16. CONDOMINIUMS, HOMEOWNERS ASSOCIATIONS AND COMMUNITY DEVELOPMENT DISTRICTS
(a) Is the property located in a Community Development District? Yes[] No 0 If "Yes", is the remaining capital balance on
this special tax assessment to be: 0 assumed by Buyer, or 0 paid in full by the Seller, at closing.
(b) Are the recreational or common areas leased or owned by the associafion?E]Owned [] Leased
(c) Is the property part of a condominium or other common ownership or is it subject to covenants, conditions, and
restrictions of a homeowner's association? Yes 0 No [J(lf "No", ignore remainder of this section).
(d) Is there any defect, damage, or problem with any common elements or common areas that could affect their value or
desirability? Yes [] No [] Unknown 0
(e) Is there any condition or claim which may result in a special assessment or increase in assessments or fees? Yes 0
No E]Unknown R]
(I) Is there any existing or threatened legal action against the association? Yes []No []Unknown
(g) If 'Yes" to any of the above, explain in detail: --th—
(h) Do you authorize prospective buyers to contact e -association as your designee to obtain all available information
concerning the property and common elements? Yes []No 0
(1) Assigned parking spaces to be conveyed with the property? Yes 0 No []How many _Space Nos.
17. NEIGHBORHOODIGOVERNING ASSOCIATIONS
(a) Are you aware of any existing condition or proposed change in your neighborhood that could adversely affect the value or
desirability of the property, such as noise or other nuisance, electric and magnetic field levels, threat of condemnation or
street changes? Yes D No 0 If "Yes," explain in detail:
(b) If the property is located within a governing condominium, homeowners, or cooperative unit association (collectively
"Association"), are you aware of anything affecting the Association which may adversely affect the value or desirability of
the property, such as pendia assessments, major repairs under consideration, lifigation, financial instability of the
association., etc.? Yes 0 Nola If "Yes," explain in detail:
18. OTHER MATTERS
(a) Is there any existing or threatened legal action affecting the property? Yes ONo 0 Unknown
(b) Do you know of any violations of local, state, or federal laws or regulations relating to this property? Yes E]No 0
(c) Is there anything else that you feel you should disclose to a prospective Buyer because it may materially affect the value or
desirability of the propert�_(e.g., zoning or code violations, nonconforming units, setback Violations, potential zoning or
road changes, etc.)? Yes U No 0 If your answers to (a), (b) or (c) are "Yes," explain in detail:
(d) Is there an existing home warranty in place? Yes No t7l if 'Yee', company name:
(e) Does the warranty automatically transfer to the Buyer? es []Noo Explain:
ACKNOWLEDGMENT OF SELLER
Seller acknowledges and represents that the information in this Disclosure Statement is accurate and complete and Seller agrees
to notify the listing broker in writing immediately if any information becomes inaccurate in any way through the passage of time.
Seiler represents that Seller, and not the Brokers, have filled out this Disclosure Statement and that Seller is not relying on the
Brokers for env of the information contained herein. Seller authorizes the Brokers to provide this information to prospective buyers.
ACKNOWLEDGMENT OF BUYER
Buyer acknowledges and represents that the Buyer has received this Real Property Disclosure Statement, has been advised to
have the property examined by professional inspectors to evaluate its conditions and to investigate every aspect of the property
that could be important to Buyer. Buyer acknowledges that the Brokers are not qualified to conduct such professional inspections
or to inspect or detect physical defects in the property, and the Brokers have not dertaken any independent investigation to
verify the accuracy of the information contained in this Disclosure Statement. If the are any blank responses above that are
important to Buyer, Buyer agrees to obtain written responses or a corrected disclo e st
s e. ?ament from the Selledl-esser prior to
shall
signing below. Acceptance of this Disclosure Statement with partial or inco0late an shall constitute a waiver of any claims
against Brokers in any way related to such information.
I I TIM 3P
THIS IS A LEGAL BINDING DOCUMENT. IF NOT UNqEoSkCONSULT AN ATTORNEY
02011 Caldwell Banker Resident, tate
'd and An Equal Opportunity Company. Equal Housing Opportunity. 0 ed d Operated by NRT I.L.C. (Rev. 06/11) Page 3 of 3
ADRIENNE V. WINBUSHICITY OF SANFORD
OPTION CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT for Sale is made on this 6th day of February, 2017 is made by and
between: ADRIENNE V. WINBUSH
Adrienne V. Winbush, hereinafter referred to as the "Seller", whose address is 176
Lakebreeze Circle Lake Mary, FL 32746;
Ulm$
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 ContractThe 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: 3938 Kentucky St., Sanford FL 32771
Seminole County Parcel Identification Number:
03-20-31-5AY-0000-068B
Location/address:
3938 Kentucky St., Sanford FL 32771
Legal Description: -
East 165 feet of West 330 feet of South 330 feet of Lot 68, Plat of Celery Delta, as
recorded at Plat Book 1, Pages 75 through 76 of the Official Records of Seminole County,
Florida
3. Purchase Price. The purchase price is $73,000.
4. Payment of Purchase Price. The City will pay the purchase price as follows:
Previously paid by the City (option deposit) $500.00
Upon signing of this Contract (balance of deposit) $ 0.00
Amount of mortgage $ 0.00
(Contract -Lender Mortgage Funding) (see paragraph 6 $ 0.00
for mortgage contingency)
Page 1 of 9,
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 adjustment at $72,500.
Closing)
5. Option Deposit Moneys. The $500.00 option deposit set forth herein shall, upon
payment by the City to the Seller obligate to leave the offer set forth herein open to the
City to accept by execution of this Contract on or before the 27th day of February, 2017.
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 30th
day of March, 2017. Both parties will fully cooperate in order the Closing can take place
on or before the established Closing date. T ' he 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 Seller will
transfer ownership of the Property to the City. The Seller will provide to the City 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 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 owners 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
Page 2'of 9
obtain a refund of the Deposit, 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 Seller. 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 and for 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 Seller 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 statutory 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 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.
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 CRY has inspected
the Property, or shall 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
Page 3 of 4
elsewhere in this Contract. The Seller agrees to maintain the grounds, buildings and
improvements on the Property 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 is 11.59 p.m. on March 15, 2017) 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.
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:
(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;
(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.
Page 4 of 9
18. '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 I 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.
23. Possession. At the Closing the City will be given 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
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. The Seller has no agreement to
pay any Broker.
26. Remedies Upon Default.
page 5oO
(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 either to (i) seek actual damages incurred
by the Seller or (ii)* seek specific performance of the -Seller's obligations under this
Contract.
(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, o ' r (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 Marcous
Interim Utility Director
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
Page 6 of 9
If to Seller Adrienne V. Winbush
176 Lakebreeze Circle
Lake Mary, FL, 32746
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
hich 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 Section 29(b) hereof, if so shown,
the Seller and the City each represent and warrant to the other that neither has employed,
retained or consulted any 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
the indemnitor's breach of this representation and warranty. This Section 29(a) shall
survive the Closing or any termination of this Contract
(b)- The Seller and the City acknowledge that Paul Osborne, of Venture
Properties, a 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 shall pay a 3% commission to the City's Broker.
Page 7 of 9
SIGNED AND AGREED: (SIGNATURE PAGES FOLLOW):
WITNESSES/ATTEST-
Witness # 1 Signature
Ci I
Witness # I Printed Name
# 2 Sip.nature
*1' — t
# 2 Printed Name
STATE OF FLORIDA
COUNTY OF SEMINOLE )
Adrienne V. Winbush
Date: J— 15 , 2017
ACKNOWLEDGEMENT
ho to
I HEREBY CERTIFY that on this day, before me, an officer duly aut
administer oaths and take acknowledgments, personally appeared XXX)( rvZo is
personally known to me or 0 who produced FEDI.. as
identification and acknowledged before me that s/he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
L6�day of February, A. D. 2017.
J-O—RDIAN-VANBUSH
My COMMISSION # FF945M
December
D 22.20!9
EXPIRES December
Of
Notary Public; SIT e 0 or
(Affix Notarial Seal
Printed Name: !!n.).--.,
SIGNATURE PAGE FOLLOWS:
Page 8 of 9
Attest:
L� (?�
Cynthi`9 Porter, City Clerk
Approved as to form and legal sufficiency.
7
William L. Colbert City Attorney
City Of Sanford
By:
Jeff Triplett,
Date: 7,'.1
Page 9 of 9
dotloop signature verification:
Addendum to Residential Sale and Purchase Contract
Addendum NumberAA . This addendum shall amend, modify and be part of the certain
Residential Sale and Purchase Contract dated 02/06/2017 concerning
the property described as: 3938 Kentucky Street, Sanford, FL 32773
by and between Adrienne Wimbush (Seller)
and City of Sanford, Florida, a municipal corporation (Buyer).
Buyer and Seller hereby agree as follows:
addendum is written to alter Clause 29 A. to reflect that SELLER is represented by Andrew Pierson of
well Banker. The buyer shall not be responsible for any commission to be paid to Mr. Pierson or his
and the seller shall pay all on such costs at closing.
Date Buyer
Date
Buyer
Date Seller
Date Seller
Copyright 2007 Coldwell Banker Residential Real Estate LLC
An Equal Opportunity Company. An Equal Housing Opportunity. Owned and Operated by NRT LLC 7107
Seller's Real Property Disclosure Statement
1. SELLER(S) NAMES):Adrienne Winbush
Property Address: 3938 Kentucky Street, Sanford, FL 32773
Is each individual named above a U.S. Citizen or resident alien? Yes No
Approximate Age of Property: unknown Date Purchased: unknown
2. NOTICE TO SELLER
Each Seller is obligated to disclose to a buyer all known facts that may materially affect the value of the property being sold
and that are not readily observable. This disclosure statement is designed to assist the seller in complying with disclosure
requirements and to assist the buyer in evaluating the property being considered. The listing real estate broker, the selling real
estate broker and their respective representatives (collectively, "Brokers") will also rely upon this information when they
evaluate, market and present the property to prospective buyers.
3. NOTICE TO BUYER
THIS IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT BUYER MAY WISH TO OBTAIN. IT IS
NOT A WARRANTY OR REPRESENTATION OF ANY KIND BY THE BROKERS (NONE OF WHOM HAVE MADE ANY
INDEPENDENT VERIFICATION OF THE INFORMATION CONTAINED HEREIN), AND BUYER AGREES NOT TO RELY ON THE
INFORMATION CONTAINED HEREIN AS SUCH. BUYER AGREES TO INDEMNIFY AND HOLD BROKERS HARMLESS FROM
ANY NON -DISCLOSURE, OMISSION, OR MISREPRESENTATION OF SELLER. SELLER SHALL NOT BE OBLIGATED TO
REPAIR OR CORRECT ANY ITEM LISTED BELOW UNLESS STATED IN THE SALES CONTRACT.
4. OCCUPANCY
Does Seller currently occupy this property? Yes DNo ®If not, how long since Seller occupied the property?
Is the property currently being leased? Yes 0 No ®lf yes, when does the lease expire?
5. LAND (SOILS, DRAINAGE AND BOUNDARIES)
(a) Is there any fill or expansive soil on the property? Yes ❑ No Q Unknown
(b) Do you know of any sinkhole, sliding, settling, earth movement, upheaval or earth stability problems that have occurred on
the property or in the immediate neighborhood? Yes 0 No
(c) Has any insurance company paid any amounts on a sinkhole claim? Yes ❑No ® If 'Yes", were the full amounts of the
proceeds utilized to repair the sinkhole damage? Yes[] No.0 (Required pursuant to §627.7073, Fla. Stat.).
(d) Is the property located in a flood zone or wetlands area? Yes ❑ No Q Unknown 23
(e) Do you currently have flood insurance? Yes []No 0 Is the policy assumable? Yes ❑ No ❑ Unknown
(f) Do you know of any past or present drainage or flood problems affecting the property or adjacentroperties? Yes 0 No
(g) Is the property partially or totally seaward of the Coastal Construction Control Line? Yes 0 No Unknown
(h) Do you know of any encroachments, boundary lines disputes, or easements affecting the property? Yes ❑No
If any of your answers in this section are "Yes," explain in detail:
6. STRUCTURAL ITEMS
(a) Areou aware of any past or present movement, shifting, deterioration, or other problems with walls or foundations?
Yes)No
(b) Have you ever filed an insurance or manufacturer's claim for defective or damaged construction materials? Yes IL-1 No
(c) Are you aware of any past or present cracks or flaws in the walls or foundations? Yes ❑ No
(d) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?
YesoNo®
(e) Have there been any repairs or attempts to control the cause or effect of any problem above? Yes [] No 0 Unknown ❑
If any of your answers in this section are "Yes," explain in detail. When describing repairs or control efforts, describe the
location, date, nature of repair or control effort, and name of person who performed repair or control effort:
7. ADDITIONS/REMODELS
(a) Have you made any additions, structural changes, or other alterations to the property? Yes []No
If "Yes," did you obtain all necessary permits and approvals and was all work done in compliance with building codes?
Yes []No [31f your answer is "No," explain:
(b) If in flood zone, has there been any major remodeling or additions within the past 5 years that would Impact the FEMA
50% rule? Yes QNo []Approximate cost of additions/ remodeling $
(c) Did any former owner(s) make any additions, structural changes, or other alterations to the property? Yes Cl No
Unknown 0 If "Yes", was all work done with all necessary permits and approvals and in compliance with building codes?
Yes [] No 0 Unknown ❑ If your answer is "No", explain:
8. ELECTRICAL SYSTEM
Are you aware of any problems or conditions that affect the value or desirability of the electrical system? Yes ❑No 0
If "Yes," explain in detail:
Seller Initials 101i2071 / 1 I Buyer Initials 1 (_/_I 1 Page 1 of 3
02011 Coldweli Banker Residential Real Estate
An Equal Opportunity Company. Equal Housing Opportunity, Owned and Operated by NRT I.I.C. (Rev. 06!91)
Seller Name:Adrienne Winbush - Property Address: 3938 Kentucky Street
HEATING AND AIR CONDITIONING
(a) Air Conditioning: BElectric
Central Electric []Central Gas MVVind=2 fAl Units Included in Sale
(b) Heating: Fuel Oil Natural Gas Other
i�l
(c) Water Heating: Electric []Fuel
Solar "Other
C
Are you aware of any problems regarding these items? Yes 0 No If "Yes," explain in det-aiF-
4%
10. PLUMBING -RELATED ITEMS
(a) What is your drinking water source: Public[] Private System [] Well on Property J3
(b) What is the water source for your sprinkler system, if applicable?
(c) If your drinking water is from a well, when was your water last checked for safety and what was the result of the test?
(d) Do you have a water softener? Yes [3 Na &I Is it Leased 0 Owned
(a) What is the type of sewage system: Public Sewer [] Private Sewer Septic Tank &j Cesspool[]
(0 Is there a sewage or sump pump! Yes [] No 0
(g) When was the septic tank or cesspool last serviced?unknown
(h) Do you know of any leaks, backups, or other problems relating to any of the plumbing, water, or sewage system? Yes[]
No 0 If "Yes", explain in detail:
11. ROOF
(a) Approximate age: unknown years.
(b) Has the roof ever leaked during your ownership? Yes DNoo Unknown
(c) Has the roof been replaced or repaired during your ownership? Yes [Njo
(d) Are you aware of any past or present hall or wind damage? Yes 0 No RI
(a) Have you ever filed an insurance or manufacturer's claim for roof defects or damage? Yes []No
Do you know of any problems with the roof or rain gutters? Yes [3 NO
If any of your answers in this section are "Yes," explain in detail:
12.
TERMITES, DRY -ROT, PESTS
(a) Do you have any knowledge of termites, dry -rot, or pests on or affecting the property? Yes []No
(b) Do you have any knowledge of any damage to the property caused by termites, dry -rot, or pests? YesNo
(c) Is your property currently under warranty or other coverage by a licensed pest control company? Yes []-[I No 0 -
If yes, please state the name of the company:
(d) Does the warranty cover repairs? Yes [] No hd / Does the warranty cover treatment? Yes No ho
Does the warranty cover regular pest control? Yes []No 0 Does the warranty transfer to the Buyer? Yes ONo 21
(e) Do you know of any termite or pest control reports or treatments for the property in the last five years? Yes U No L(j
If any of your answers in this section are "Yes," explain in detail:
13. EQUIPMENT AND APPLIANCES
Mark the items that may be included in the sale of your proerty: [] Electric Garage Door Opener Number of
Transmitters); HHurricane shutters or panels ([] Complete Partial set); Security Alarm System (nOwned E] Leased,
[]Monitored Non-Monitored);01-awn Sprinklers; ]Smoke Detectors (How many? []Automatic Timer;
[]Swimming Pool; []Pool Heater, []Spathot tub; [] Pool/Spa Equipment (list):
HRefrigerator, []]Stove; Qoven; []Microwave oven; []Washer,(Dryer; []Dishwasher, []Trash Compactor,
intercom; OCeiling Fans; []Disposal; Dice Maker; ElOther-
Are any of these in need of repair or replacement? Yes ®Noif"Yes," explain in detail: missing a blade
Are you aware of any swimming pool or spa leaks? Yes tj No 0 If "Yes!% explain in detail:
14. DOCKS, DAVITS, PIERS AND SEAWALLS
(a) Are you aware of any conditions that may affect the desirability, use, or function of the dock, davits, pier or seawall?
Yes []No ®If "Yes!', explain:
(b) Was (is) a federal, state, or local governmental permit required for the construction or maintenance of the dock, davits,
pier or seawall? Yes [3 No 0 Unknown 0 If "Yes", were all appropriate permits and approvals issued for the
construction and maintenance of such structures? Yes [] No[] Unknown [3 If no, explain:
IS. MOLD AND TOXIC SUBSTANCES
(a) Are you aware of any past or present water leakage, accumulation, or dampness within the house, basement or crawl
space? Yes 10 No 0
(b) Are you aware of any past or present instances of mold or water or moisture intrusion in the structure(s) on the property?
Yes No 0 If 'Yes", explain in detail:
F4___1
Seller Initials I oWlrml? I I Buyer Initials I El Page 2 of 3
02011 Coldwell Banker Residential Real Estate
An Equal Opportunity Company. Equal Housing Opportunity. Owned and Operated by NRT LLC. (Rev. 06/11)
Seller Name: Adrienne Winbush-- Property Address: 3938 Kentucky Street
(c) Are you aware of any past or present damage to the structure(s) on the property that resulted from water or moisture
intrusion, including, but not limited to, the presence of mold? Yes [] No
If yes, where:
(d) Are you aware of any underground tanks or potentially toxic substances present on the property (structure or son) such as
asbestos, PCB'S, accumulated radon, Chinese/defective drywall, lead paint, above ground or buried oil tanks, or others?
Yes 0 No 0 Unknown 0
If "Yes," explain in detail:
I Unknown
E . J
(e) Are you aware of whether the I!ir:1p1.1!!1)1 has iiiii1q I tested la, RIG!!)
If "Yes," explain in detail:
(f) Are you aware of any repairs or other corrective or remedial measures that were undertaken as a result of the matters
identified in sections (a), (b). (c), (d) or (e) above? Yes 0 No 0 If "Yes!% explain in detail:
16. CONDOMINIUMS, HOMEOWNERS ASSOCIATION I S AND COMMUNITY DEVELOPMENT DISTRICTS
(a) Is the property located in a Community Development District? Yes 0 No 0 If 'Yes", is the remaining capital balance on
I this special tax assessment to be: []assumed by Buyer, or 0 paid in full by the Seller, at closing.
(b) Are the recreational or common areas leased or owned by the association? E]Owned 0 Leased
(c) Is the property part of a condominium or other common ownership or is it subject to covenants, conditions, and
restrictions of a homeowner's association? Yes []No JJ(If "Nd', ignore remainder of this section).
(d) Is there any defect, damage, or problem with any common elements or common areas that could affect their value or
desirability? Yes []No[] Unknown 0 special assessment or increase in assessments or fees? Yes El
(e) Is there any condition or claim which may result in a
No []Unknown R]
(f) Is there any existing or threatened legal action against the association?, Yes []No 13Unknown
(g) If "Yes" to any of the above, explain in detail: your lr��! I - i5 e �in orffi'ation
(h) Do you authorize prospective buyers to contact the as.,iiX.H.111011 3 P.11.1 E! g
0. Ml;:,!,:! ;l
to "otain 2 oval
concerning the property and common elements? Yes 0No 0
(1) Assigned parking spaces to be conveyed with the property? Yes 0 No []How many _Space Nos.
17. NEIGHBORHOOD/GOVERNING ASSOCIATIONS
(a) Are you aware of any existing condition. or proposed change in your neighborhood that could adversely affect the value or
desirability of the pro2erty, such as noise or other nuisance, electric and magnetic field levels, threat of condemnation or
street changes? Yes U No 2] If "Yes," explain in detail:
(b) If the property is located within a governing condominium, homeowners, or cooperative unit association (collectively
"Association"), are you aware of anything affecting the Association which may adversely affect the value or desirability of
the property, such as pending assessments, major repairs under consideration, litigation, financial instability of the
association, etc.? Yes [] No olf "Yes," explain in detail:
18. OTHER MATTERS
(a) Is there any existing or threatened legal action affecting the property? Yes oNo 0 unknown[]
(b) Do you know of any violations of local, state, or federal laws or regulations relating to this property? Yes ONo 0
(c) Is there anything else that you feel you should disclose to a prospective Buyer because it may materially affect the value or
desirability of the property_(e.g., zoning or code violations, nonconforming units, setback violations, potential zoning or
road changes, etc.)? Yes U No® if your answers to (a), (b) or (c) are "Yes," explain in detail:
(d) is there an existing home warranty in place? Yes NoIf "Yes", company name:
(e) Does the warranty automatically transfer to the Buyer? es oNoo Explain:
ACKNOWLEDGMENT OF SELLER
Seller acknowledges and represents that the information in this Disclosure Statement is accurate and complete and Seller agrees
to notify the listing broker in writing immediately if any information becomes inaccurate in any way through the passage of time.
Seller represents that Seller, and not the Brokers, have filled out this Disclosure Statement and that Seller is not relying on the
Brokers for any of the information contained herein. Seller authorizes the Brokers to provide this information to prospective louvers.
ACKNOWLEDGMENT OF BUYER
Buyer acknowledges and represents that the Buyer has received this Real Property Disclosure Statement, has been advised to
have the property examined by professional inspectors to evaluate its conditions and to investigate every aspect of the property
that could be important to Buyer. Buyer acknowledges that the Brokers are not qualified to conduct such professional inspections
or to inspect or detect physical defects in the property; and the Brokers have not u dertaken any independent investigation to
any
or
o ' r
verify the accuracy of the information contained in this Disclosure Statement. If the are any blank responses above that are
P Ico a I
important to Buyer, Buyer agrees to obtain written responses or a corrected disclos e st meat from the Seller/Lesser prior to
t
signing below. Acceptance of this Disclosure Statement with partial or into late an shall constitute a waiver of any claims
against Brokers in any way related to such information.
�Z Z7—(7
-Z 2
THIS IS A LEGAL BINDING DOCUMENT. IF NOT UNCf�od 6, CONSULT AN ATTORNEY
state
02011 Coldwell Banker Residenti M
An Equal Opportunity Company. Equal Housing Opportunity. -Wed'and Operated by NRT LLC. (Rev. 06/11) Page 3 of 3
ACKNOWLEDGMENT OF CLOSING AGENT STATUS
THIS ACKNOWLEDGMENT OF CLOSING AGENT STATUS (hereinafter referred
to as "Acknowledgment") is made by ADRIENNE V. WINBUSH, a married woman
(hereinafter referred to as "Seller") and CITY OF SANFORD, a Florida municipal
corporation (hereinafter referred to as "Buyer"). Seller is the seller and Buyer is the
purchaser of certain real estate in Seminole County, Florida, located at 3938 Kentucky
Street, Sanford, Florida 32773 (hereinafter referred to as the "Property") more fully
described as follows:
The East 165 Feet of the West 330 feet of the South 330
feet of Lot 68, SANFORD CELERY DELTA, according to the
plat thereof as recorded in Plat Book 1, Page 75 and 76, of
the Public Records of Seminole County, Florida.
(hereinafter referred to as the "Property").
RECITALS:
WHEREAS, Seller and Buyer have reviewed and accepted the Closing Statement
prepared in connection with the purchase of the Property and hereby authorize the law firm
of Stenstrom, McIntosh, Colbert & Whigham, P.A. to disburse the settlement funds in
accordance therewith. Seller and Buyer acknowledge that from time to time a clerical
error can occur which has an economic impact on Seller and Buyer as closing parties.
WHEREAS, as a condition to the law firm of Stenstrom, McIntosh, Colbert &
Whigham, P.A. agreeing to serve as closing agent, Seller and Buyer have entered into this
Acknowledgment.
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, Seller and Buyer agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by
this reference.
2. Seller and Buyer agree and acknowledge that the law firm of Stenstrom,
McIntosh, Colbert & Whigham, P.A is serving as the closing agent.
3. Seller and Buyer agree to cooperate with the law firm of Stenstrom, McIntosh,
Colbert & Whigham, P.A to correct any errors or omissions discovered after closing,
including submitting funds determined by the law firm of Stenstrom, McIntosh, Colbert &
Whigham, P.A to be due as a result of a clerical error.
4. The signature page of this Acknowledgment may be transmitted byelectronic
means, and such signature page shall be deemed to be an original.
IN WITNESS WHEREOF, Seller and Buyer have signed this Acknowledgment
effective the date and year first above written.
BUYER: CITY OF SANFORD, a Florida
municipal corporation
Attest:
City
":kQ
gid: March , 2017
By:
Cynthia Porter, Ci O(eVk
Dated: March , 2017
SELLER:
, C-- �-": � � LL_� - -
Adrienne V. Winbush
Dated: March ` , 2017
Acknowledgment of Closing Agent Status
Page 2 of 2