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2347 Option Contract for Real Estate - 3926 Kentucky StTo: City Clerk RE: Option Contract for Real Estate (Parcel 03-205AY-0000-068C) The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Ordinance F-1 Resolution Z Option Contract for Real Estate (Parcel 03-205AY-0000-068C) ❑ Mayor's signature ❑ Recording ❑ Rendering Z Safe keeping (Vault) ❑ City Manager ❑ City Attorney's Signature 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 T-1 F100im EUGENE CHAMBERS/CITY OF SANFORD OPTION CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT for Sale is made on this2VIay of January, 2018 is made by and between: Eugene Chambers, hereinafter referred to as the "Seller", whose address is 3926 Kentucky Street, Sanford, Florida 32773-6518; ME 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 Parcel Identification Number: 03-20-31-5AY-0000-068C. (See attached Exhibit - Seminole County Property Appraiser Web site data sheet printout. Location/address: 3926 Kentucky Street. 1.25 acres, more or less with 1991 3 bedroom/2 bathroom/garage stucco home which is approximately 1,492 square feet in size. Legal Description (as shown on Seminole County Property Appraiser Web site): The West 165 fleet of the South 330 feet of Lot 68, SANFORD CELERY DELTA, Plat Book 1, Pages 75 — 76, LESS the South 25 feet thereof for road. 3. Purchase Price. The purchase price is $210,000.00. 4. Payment of Purchase Price. The City will pay the purchase price as follows: Previously paid by the City (option deposit). Upon signing of this Contract (balance of deposit). Amount of mortgage. Contract -Lender Mortgage Funding) (see paragraph 6 for mortgage contingency). $ O.00C i TEED COPY CyiCIP ;iter City Cterk �� oP Si�,�". ��r"ggi�C�'C� �ig� 0 /y� Dote: /--2,Z,/ V. By the Seller taking back a note and mortgage. $ 0.00 Balance to be paid at Closing of title, in cash or by certified or bank cashier's check subject to adjustments $209,900.00 at Closing). 6. - Option Deposit Moneys. The $100.00 option deposit set forth herein shall, upon payment by the City to the Seller, not later than five (5) business days from the date of delivery of the Seller signed original of this option agreement to the City, shall then obligate the Seller to leave the offer set forth herein open to the City to accept by execution of this Contract on or before the 31st day of January, 2018. Said sum shall be the property of the Seller if the City elects not to exercise the option to purchase, but shall be credited to the City at a Closing. 6. Mortgage Contingency. None. 7. Time and Place of Closing. The Closing date will occur on or before the 28th day of February, 2018. Both parties will fully cooperate in order for the Closing to be fully accomplished, on or before the established Closing date. The Closing will be held at the office of the City's City Attorney. 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.1At 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 Page 2 of 14 longer if so extended in writing by both parties) from the receipt of the same in order to cure such objections. Failure to cure the objections to the satisfaction of the other party shall give the objecting party the right to: (1) Waive the title objections and close the sale and purchase; or (2) Terminate this Contract and obtain a refund of all payments including the option payment delivered to the Seller by the City, in which event all rights and obligations between the parties shall be null and void. The search fees or Title Commitment fees and premium for the Title Insurance Policy shall be paid at the Closing by the 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 sufl•iciently 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 owners 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 pen'ding against the Property or the Seller's interest in it. The Seller covenants that the Seller has no or information indicating the presence of hydrocarbons, hazardous wastes, toxic materials, asbestos, environmental contamination or environmental pollutants on the Property and shall not cause or authorize any of the same to be introduced to the Property while this Contract is in force. While this Contract is in force, the Seller shall not, without the consent of the City, execute any easements or restrictions or otherwise take or permit any action that would constitute an exception under the Surveys, Title Commitment or Title Policy, or any other matter. Should any representation by the Seller herein prove false as set forth in this Section, the City shall be entitled to terminate this Contract, in which event all rights and obligations hereunder shall terminate. All representations contained in this Section shall survive for 6 months subsequent to the Closing, but the Seller shall have no obligations to the City relative to any changes in the condition of the Property during this post closing time period. The parties further agree to execute and deliver such other documents at Closing as are typical in a real estate transaction. 10. Personal Property and Fixtures. The Property shall be conveyed will all personal property and fixtures as may be located on the Property. Page 3 of 10 11. Physical Condition of the Property. The Property is being sold "AS IS". The Seller does not make any claims of promises about the condition or value of any of the Property included in this sale except as set forth in this Contract. The City has inspected the Property, or may inspect the Property during the inspection period, and relies on this inspection and any rights which may be and statements of the Seller as provided for elsewhere in this Contract. The Seller agrees to maintain the grounds, buildings and improvements on the Property in the condition found on the date of this option agreement, subject to ordinary wear and tear. 12. , Inspection of the Property. The Seller agrees to permit the City to inspect the Property at any reasonable time before the Closing. The Seller will permit access for all inspections provided for in this Contract. The City may terminate this Contract on or before the end of the inspection period (which expires on 11.59 p.m. on February 15, 2018) if it determines that the Property is not suited for its purposes in its sole discretion in which case the parties shall be released from each other in all matters relating to the acquisition of the Property and shall have no duty or liability one to another of any type or nature whatsoever. 13. Building and Zoning Laws. None applicable. 14. Flood Area. The Federal and State governments have designated certain areas as "flood areas". This means they are more likely to have floods than other areas. The City will evaluate this matter during the inspection period. 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. Page 4 of 10 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. 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 complpted before the Closing and which are not paid in installments as a portion of the regular annual real properly 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 sole and exclusive possession of the Property. No tenant will have any right to the Property unless otherwise agreed in this Contract. Page 5 of 10 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 an agreement to pay a Florida licensed real estate broker a real estate commission, including separate fees, which the Seller shall bear the sole responsibility for the fulfillment of this agreement. The City is not responsible for any real estate broker commissions, or fees, in this transaction which may be due any current and active Florida licensed real estate broker, except for The Triece Company; as set forth in a separate contract for professional real estate broker services. 25. Remedies Upon Default. (a). If the purchase and sale of the Property contemplated hereby is not consummated in accordance with the terms and conditions of this Contract due to circumstances or conditions which constitute a default by the City hereunder, the Seller's sole and exclusive remedies hereunder shall be retainage of the Option Payment previously paid by the City. (b). In the event of a default by the Seller under the terms of this Contract that is first discovered by the City prior to the Closing and is not cured by the Seller as provided hereunder, the City's sole and exclusive remedies hereunder shall be either to (i) terminate this Contract or (ii) seek specific performance of the Seller's obligations under this Contract. 26. Parties Liable. This Contract is binding upon all parties who sign it and all who succeed to their rights and responsibilities. The signatories to this Contract represent that they have the authority to execute this Contract and bind the respective parties hereto as set forth in this Contract. 27. Notices. Any notices, requests, demands, tenders and communications hereunder shall be in writing and may be served (i) by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; (ii) by recognized overnight, third party prepaid courier service (such as Federal Express); (iii) by delivering the same in person to such party; or (iv) by successful transmission by electronic mail or telecopy. Any notice or other communication mailed as aforesaid shall be deemed effectively given (x) on the date and time of delivery if personally delivered or sent by electronic transmission or telecopy, (y) on the date and time delivered if sent by courier service, or (z) on the date and time indicated on the return receipt if mailed. Either party may change its address for notices by giving notice to the other as provided below. The addresses for notices are as follows: Page 6 of 10 If to The City: Bill Marcous Utility Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 With copy to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 1001 Heathrow Park Lane Suite 4000 Lake Mary, Florida 32746 If to Seller Eugene Chambers 3926 Kentucky Street Sanford, Florida 32773-6518 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 Sections 24 and 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 other properly licensed Florida real estate broker, agent, or finder in carrying on the negotiations in connection with this Agreement or the purchase and sale referred to herein, and the Seller and the City shall each indemnify and hold the other harmless from and against any and all claims, demands, Page 7 of 10 causes of action, debts, liabilities, judgments and damages (including costs and reasonable attorneys' and paralegals' fees suffered or incurred in connection with the enforcement of this indemnity, whether or not an action is commenced, whether incurred before, during or after trial, or upon any appellate level, or in arbitration, mediation, any administrative proceeding or any proceeding in bankruptcy or insolvency,) which may be asserted or recovered against the indemnified party on account of any brokerage fee, commission or other compensation arising by reason of the indemnitor's breach of this representation and warranty. Section 24 and 29(a) shall survive the Closing or any termination of this Contract. (b). The Seller and the City acknowledge that Joan Marie Campbell, of Charles Rutenberg Realty Orlando, who represents herself to be a current active Florida licensed real estate broker sales associate ("Seller's Broker'), is only acting as the real estate broker/sales agent for the Seller. In the event the Closing is consummated, but only if such sale is consummated, the Seller will direct the Closing Agent to distribute a commission to the Seller's Broker. SIGNED AND AGREED: (SIGNATURE PAGES FOLLOW): Page 8 of 14 WITNESSES/ATTEST: 4:r \Afjtness # I Si nature Witness # I Printed Name Witness # 2 Signature J � kA Witness # 2 Printed Name STATE OF FLORIDA COUNTY OF SEMINOLE ) EUGENE CHAMBERS Eugene Chambers Date: I r2- - Z,2)) -7 , 2017 ACKNOWLEDGEMENT I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Eugene Chambers 0 who is personally known to me oral who produced as identification and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ZL day of December, A. D. 2017. Yrc VgOTAROWI 'Nir'Gon"; -.tWA10,20 one 6�- Notary Public; State of Florida (Affix Notarial Se I Printed Name: SIGNATURE PAGE FOLLOWS: Page 9 of 10 Attest: CynthA Porter, City Clerk Approved as to form and legal sufficiency. William L. Colbert City Attorney City Of Sanford By Jef Da Page 10 of 10 SCPA Parcel View: 03-20-31-5AY-0000-068C EXHIBIT A Property. Record Card earls k"nsan,crR Parcel: 03-20-31-5AY-0000.068C Owner: CHAMBERS EUGENE tcp Property Address: 3926 KENTUCKY ST SANFORD, FL 32773-6518 Parcel Information Value Summary 12/13117, 9.41 AM 12018 Working 2017 Certified Parcel i 03-20-31-5AY-0000-068C Values ...... Values Owner CHAMBERS EUGENE Valuation Method Cost/Market Cost/Market Prop" Address 3926 KENTUCKY ST SANFORD, FL 32773-6518 ---- --- ---- -- i t Number of Buildings I Mailing; 3926 KENTUCKY ST SANFORD, Fl. 32773-6518 Depreciated Bldg Value $93.280 $87,880 Subdivision NameSANFORD CELERY DELTA $1,000, $1,000 ------------ , :1 Depreciated EXFT Value Tax District' 01-COUNTYTX DIST I ...... Land Value (Market) $53,125 $63,125 DOR Use Code 01 -SINGLE FAMILY Land Value Ag Exemptions! 00-HOMESTEAD(1994)$147,405 $142,005 Just/Markel Value Portability Adj i Save our Homes Adj $49,101 545,723 Amendment I Adi $0 P&G Adj $0 $o Assessed Value S98,304 $96.282 30 Tax Amount without SOW $1,263.01 2017 Tax Bill Amounl $613.95 Tax Estimator Save Our Homes Savings: $649-06 SO i Does NOT INCLUDE Non Ad Valorem Assessments ......... z Seminole County GIS Legal Description W 165 FT OF S 330 FT OF LOT 68 SANFORD CELERY DELTA PB I PGS 75 + 76 Taxes Taxing Authority County General Fund Schools Fire Road District SJWM(Saint Johns Water Management) County Bonds Sales Assessment Value Exempt Values $98,304 $98,304 $98,304 $98,304 $98,304 $98,304 $98.304 $25,000 $50,000 $50,000 $50,000 S50,000 Taxable Value $0 $73,304 $48,304 $48.304 i $48,304 $48.304 Description I Date i Book Page i Amount Qualified Vac/Imp QUIT CLAIM DEED 6/111992 02448 0147 $9,000 No Vacant WARRANTY DEED 11111980 01261 0610 54,500 Yes Vacant i CERTIFICATE OF TITLE$100 511/1979 01226 1696 No Vacant Land http:llparceldetaii.scpafl.org/ParceiDetailinfo.aspx?PID=0320315AY0000068C Page 1 of 2 SCPA Parcel View- 03-20-31-5AY-0000-068C 12113/17,9:41 AM Method i Frontage ! Depth Units Units Price I Land Value ; ACREAGE 0.00 0.00 1.25 542,500.00 553,125 ; Building Information Is B-ed/Bath count iorrect? Click FrrFr Year Built (Fixtures !Bed !Bath ; Base Area # Description i Total SF ; LivingSF ; Fxd Wall + Adi Value Rept Value Appendages p ActuaVEffective 1 SINGLE 1991 5 3 1`5 1,430 2,002 1,430 CB/STUCCO $93,280 $104,224 ; Description i Area FAMILY FINISH - ---- I iGARAGE^ I` 552.00 i 1 i FINISHED OPEN PORCH 20.00 4 j FINISHED Permits Permit # Description Agency i Amount i CO Date Permit Dale 02410 REROOF 31 SQ 'COUNTY $2,945 411/1997 01679 COMPLETE SFR -CORRECT VIOLATION COUNTY $500 3/1/1996 Extra Features DescriptionYear Built Units i Value New Cost y FIREPLACE 2 5/111991 1 $1,000 $2,500 SHED -NO VALUE 5/111991 1 50 ""o VWMFtMff1 M*WCOMMIS"#031309M T EXP'JRES.k9j t 1t1, 2b21 ' hof �.�� BatOed Thu gudgei Notary Setuf ens http:/lparceidetall.scpafl.org/ParcelDetailinfo,aspx7.PID=032031SAY0000068C Page 2 of 2 CHECK NO. 177871 EUGENE CHAMBERS 9999999 ******100.00 CHECK NO. 177871 EUGENE CHAMBERS 9999999 ******100.00 CHECK NO. 177871 GATEWAY :WAT W WAY C�fy of.'sanf(5fd., Ac�counts Payable 2 Szfnford FL 32771 I'M . mmmll- Rl *-iloo. 00 PAY 'HtEt;:-`-ONE HUNDRED AND 00/100 DOLLARS EUGENE CHAMBERS MAYOR TOTHE ORDER OF MITI BORDER CONTAINS LUCROPRINTMG i:12L0002t.131:200001t,4?0133ill'