Loading...
2513 Contract for Sale of Property - Mason/Meeks - Oleander and 3rd StBEVERLY B. MASON AND ROCHELLE MEEKS/CITY OF SANFORD CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT for Sale is made on the last day of execution by a party as set forth below by and between: Beverly B. Mason and Rochelle Meeks, whose address is 309 East Crystal Drive, Sanford, Florida 32773-4752, hereinafter referred to as the "Sellers"; FA `5 the City of Sanford, Florida, a municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the "City". 1. Purchase Contract. The City agrees to buy and the Sellers agree to sell the Property described in this Contract. 2. Property. The real property to be sold consists of the following parcel: Address: Oleander Avenue and 3rd Street; Sanford, Florida 32771, Tax Parcel Identification Number. 25-19-30-5AG-0417-OOAO. (Hereinafter collectively referred to as the "Property" with the Seminole County Property Appraiser Data Sheets for the parcel attached hereto as Exhibit "A"). No Personal Property is included in the purchase and sale of the Property provided for in this Contract. 3. Purchase Price. The purchase price is $22,500.00. 4. Payment of Purchase Price. The City will pay the purchase price as follows: (a). Earnest Money Deposit: Within 5 business days of full execution of this Contract, the City will deposit into escrow, to be held by Stenstrom, McIntosh, Colbert & Whigham, P.A. (the "Escrow Agent"), the sum of $1,000.00 as the earnest money deposit (the "Deposit"), to be held by the Escrow Agent in a trust account under the terms of this Contract. The Deposit be fully refundable to the City in the event that the City terminates this Contract at any time prior to the expiration of the Due Diligence Period and any extensions thereto or in the event of Sellers' default (hereinafter defined). At Closing, the Deposit will be credited in favor of the City as part of the sales price for the Property. (b). Cash Balance: At Closing of title, via wire(s) from a U.S. financial institution, subject to adjustments at Closing, all wires being at the I IP -I-,0 cost of the City the additional sum of $21,500.00 subject to credits, apportionments and adjustments. 5. Mortgage Contingency. None. 6. Time and Place of Closing. Provided that the City has not terminated this Contract as provided herein, the City and the Sellers will close on or before November 1, 2023. The Closing will be held at the office of the Escrow Agent with the maximized use of remote and electronic communications and transmissions as may be feasible. Time is of the essence in the performance of this Contract. The parties agree that they Will diligently and expeditiously pursue their respective obligations set forth in this Contract. 7. Transfer of Ownership/Insurance, Costs, Etc. At the Closing, the Sellers will transfer ownership of the Property to the City as set forth herein. The Sellers will provide to the City a proper deed and an adequate affidavit of title as well as all other documents necessary to convey the Property to the City as set forth herein. 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 agree 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 if the City elects to have a survey accomplished). The City shall have until 15 business days from receipt of the Title Commitment within which to review the Title Commitment and to notify the Seller of such reasonable written objections as the City may have to matters set forth in the Title Commitment and the survey which materially affect the feasibility of the contemplated use by the City as deemed to exist by the City. In the event any such objections are made by either party, the parties shall have a period of 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, in which event all rights and obligations between the parties shall be null and void. The search fees or Title Commitment fees and premium for the Title Insurance Policy shall be paid at the Closing by the City. Any instrument, assurance or deposit made or given in order to cure a defect in title shall be in such form, on such terms, under such conditions and in such amount as may be reasonably required by the title insurance company insuring title to satisfy said company sufficiently for it to ascertain and accept the facts and/or omit (or insure over) any exception to title not permitted under this Contract. There are no State documentary stamps to be paid or affixed to the statutory warranty deed of conveyance. See, Rule 1213-4.014, Florida Administrative Code. The 21Page City shall pay the cost of any surveys, tests or evaluations that the City may commission, any environmental audit reports that it may commission, and the costs to record the deed, as aforesaid. The City will pay real property taxes, if any are due, and tax assessments, if any are due, for the calendar year in which Closing occurs. 8. Type of Deed; Representations of the Sellers; Closing Documents. The Sellers agree to provide and the City agrees to accept a statutory warranty deed which includes the covenant of further assurance and with a covenant as to the Sellers' acts and as necessary to vest insured title in the City. The Sellers agree 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 will be removed at Closing) and that it can convey the same without the joinder of any other persons or entities. The Sellers have no notice or information of any litigation or administrative proceeding threatened or pending against the Property or the Sellers' interest in it. The Sellers will 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. The parties further agree to execute and deliver such other documents at Closing as are typical in a real estate transaction. 9. Personal Property and Fixtures. There is no personal property located on the Property. 10. Physical Condition of the Property. The Property is being sold "AS IS" and "WHERE IS". The Sellers do not make any claims of promises about the condition or value of any of the Property included in this sale except as may be specifically set forth in this Contract. The 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 Sellers as provided for elsewhere in this Contract. The Sellers agree to maintain the grounds, buildings and improvements on the Property in the condition found on the date of this Contract, subject to ordinary wear and tear. 11. Inspection of the Property. The Sellers agree to permit the City to inspect the Property at any reasonable time before the Closing. The Sellers 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 October 31, 2023) 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. 12. Building and Zoning Laws. The Property is acquired with the City well knowing that the Property is subject to the provisions the City of Sanford's Land Development Regulations/Land Development Code as well as an array of other land development regulations including, but not limited to, historic preservation areas. 31Page 13. Property Lines/Boundaries. The Sellers state that, to the best of Sellers' knowledge, all buildings, driveways and other improvements on the Property, if any, are within its boundary lines. Also, no improvements on adjoining properties extend across the boundary lines of the Property. An affidavit to this effect may be required at Closing. 14. Ownership. The Sellers agree to transfer and the City agrees to accept ownership of the Property free of all claims and rights of others 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; and (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. 15. Correcting Defects. If the Sellers do not comply with Section 15 of this Contract, the Sellers will be notified and provided with 15 days to make it comply. If the Sellers still do not comply after that date, the City may cancel this Contract or give the City more time to comply. 16. Cancellation of Contract. No additional provisions. 17. 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. 18. Complete Contract. This Contract is the entire and only agreement between the Sellers and the City. This Contract replaces and cancels any previous agreements between the Sellers and the City. This Contract can only be changed by an agreement in writing signed by both Sellers and the City. The Sellers state that the Sellers have not made any other contract to sell the Property to anyone else. 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 and the Sellers shall assume any and all such costs if any there are. 19. 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 Sellers' sole and exclusive remedies hereunder shall be the payment of a $500.00 payment. 4 Page (b). In the event of a default by the Sellers under the terms of this Contract that is first discovered by the City prior to the Closing and is not cured by the City as provided hereunder, the City's remedies hereunder shall include the right to (i) terminate this Contract or (ii) seek specific performance of the Sellers ' obligations under this Contract. 20. 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. 21. Notices. Any notices, requests, demands, tenders and communications hereunder Will 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 Will be deemed effectively given on the date and time of delivery if personally delivered or sent by electronic transmission or telecopy, on the date and time delivered if sent by courier service, or 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: If to the Sellers: Lonnie N. Groot, Esquire Igroot@stenstrom.com Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway Suite 100 Lake Mary, Florida 32746 Beverly B. Mason 309 East Crystal Drive Sanford, Florida 32773-4752 22. 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 51Page 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. 23. Brokers and Commission. The City and the Sellers each represent and warrant to the other that neither has employed, retained or consulted any other properly licensed Florida real estate broker, agent, or finder in carrying on the negotiations in connection with this Contract or the purchase and sale referred to herein, and the City and the Sellers 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 provision shall survive the Closing of the transaction addressed herein. Notice: One of sellers, Beverly B. Mason, is a Licensed Real Estate Broker in the State of Florida. 24. Covenant and Release. The Sellers and their successors and assigns, of each and every type or nature, hereby fully and forever, irrevocably and unconditionally release, remise, discharge, and acquit the City and its officers, officials, employees, successors and assigns, whether present, future or former, from any and all claims, demands, actions and causes of actions, lawsuits, defenses, judgments, claims for costs, attorney's fees, damages, losses and expenses of any kind or nature whatsoever in law or equity, whether known or unknown, direct or consequential, foreseen or unforeseen, matured or un -matured, developed or undeveloped, discoverable or undiscoverable, that the Sellers have, may have or might claim to have against the City arising out of or relating to any matter occurring before the effective date of this Agreement relative to the Property. This provision shall survive the Closing of the transaction addressed herein; provided, however, that the Sellers shall execute a document at Closing satisfactory to the City to further provide for a full and plenary release of the City. SIGNED AND AGREED: (SIGNATURE PAGE FOLLOWS): 61Page SELLERS: BEVERLY B. MASON AND ROCHELLE MEEKS By: C� Signature Beverly B. Mason Witnesses By: Signature CIL" O 1 &3 Printed Name Date: 6 q h, 0c `�0—k-5 Attest: Traci HouchMMC FCRM d4�Y Clerk ' Dater i f, J 4i j q -h 01 By. Signature Rochelle Meeks By: i Signature r1�ne Printed Name Date: b U , y FS, Approved as to form and legal sufficiency City Attorney Date: lo — 1 7i a2,-/ EXHIBIT "A" SEMINOLE COUNTY PROPERTY APPRAISER DATE SHEET DAVID JOHNSON, CFA SENINULE COUNTY PROPERTY APPRAISER Property Record Card Parcel Information Parcel # 25-19-30-5AG-0417-OOAO Owners MASON, BEVERLY B - Tenants in Common :50 MEEKS, ROCHELLE - Tenants in Common :50 Trustee Property Address OLEANDER & 3RD ST SANFORD FL 32771 Mailing 309 E CRYSTAL DR SANFORD, FL 32773-4752 u .;'i _Nd 04,40 .co- i Wi =yd 31 32 P.c Legal Description W 1/2 BLK 4 TR 17 & S 1/2 OF VACD R/W ADJ ON N TOWN OF SANFORD PB 1 PG 113 81Page Values Valuation Method Number of Buildings Depreciated Bldg Value Depreciated EXFT Value Land Value (Market) Land Value Ag Just/Market Value ** Portability Adj Save Our Homes Adj Amendment 1 Adj P&G Adj Assessed Value 2023 Working Values Cost/Market 0 $20,230 $20,230 $0 $8,649 $0 $11,581 2022 Tax Amount without Exemptions: $378.47 2022 Tax Bill Amount (Actual): $246.24 2022 Tax Savings with Exemptions: $132.23 2023 Tax Estimator TRIM Notice TRIM Help * Does NOT INCLUDE Non Ad Valorem Assessments 9 jPage 2022 Certified Cost/Market 0 $21,194 $21,194 $0 $10,666 $0 $10,528 SEMINOLE COUNTY PROPERTY APPRAISER DAVID JOHNSON. CFA Property Address OLEANDER & 3RD ST SANFORD, FL 32771 v: s. •a 0319 03x8— 's 17 L: Sorry, No Image 0418 A 7 Available at this Time F i - g 0518 0517 = 0516 o U i Parcel Information Parcel 25-19-30-5AG-0417-OOAO 1 2023 Working 2022 Certified Values Values • MASON, BEVERLY B - Tenants in Common :50 MEEKS, ROCHELLE - Tenants in Common :50 Trustee Valuation Method Cost/Market Cost/Market Property Address OLEANDER & 3RD ST SANFORD, FL 32771 Number of Buildings 0 0 Mailing 309 E CRYSTAL DR SANFORD, FL 32773-4752 Depreciated Bldg Value Subdivision Name SANFORD TOWN OF Depreciated EXFT Value Tax District S1-SANFORD Land Value (Market) $20,230 $21,194 Land Value Ag DOR 00 -VACANT RESIDENTIAL Just/Market Value $20,230 $21,194 Exemptions�None AG Classification: No Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $8,649 $10,666 P&G Adj $0 $0 Assessed Value $11,581 $10,528 2022 Tax Amount without Exemptions $378.47 2022 Tax Savings with Exemptions $132.23 2022 Tax Bill Amount $246.24 Does NO -i [NICLUDE: Pion Ad Valorem Assessments W 1/2 BLK 4 TR 17 & S 1/2 OF VACD R/W ADJ ON N TOWN OF SANFORD PB 1 PG 113 September 11, 2023 07:38 AM Page 112 Taxes Taxing Authority Assessment Value Sales Description Date Book Page Land Method Frontage Depth Exempt Values Taxable Value Amount Qualified Vac/Imp Units Units Price Land Value Building Information Permits Permit # Description Agency Amount CO Date Permit Date Extra Features Description Year Built Units Value New Cost Zoning Zoning Zoning Description Future Land Use Future Land Use Description , Utility Information Fire Station Power Phone(Analog) Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler C-.1.00 FPL AT&T SANFORD CITY OF SANFORD NA NA NA NA Political Representation Commissioner US Congress State House State Senate Voting Precinct • •PLAKON Dist 10 - Jason Brodeur 7 School Information Elementary School District Middle School District High School District Woods Copyright 2023 © Seminole County Property Appraiser , CITY OF 11 A[]✓ s °pQOo�D WS PIM Sik.NFORD - \~� FLORIDA Item No. to CITY COMMISSION MEMORANDUM 23-182.8 OCTOBER 9, 2023 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Craig Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM, City Manager SUBJECT: Purchase of Tax Parcel Identification Number 25-19-30-5AG-0417-OOAO /Oleander Avenue/3`d Street; Stormwater Drainage Purposes; Beverly B. Mason and Rochelle Meeks STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ® Promote the City's Distinct Culture ❑ Update Regulatory Framework ® Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of the purchase of real property assigned Seminole County Tax Parcel Identification #25-19-30-5AG-0417-OOAO in the area of Oleander Avenue/3`d Street for stormwater drainage purposes is requested for the amount of $22,500, plus closing costs estimated to be approximately $1,000. FISCAL/STAFFING STATEMENT: Funding is available in the stormwater fund to acquire this real property. BACKGROUND: The subject property is located on the southeast corner of Oleander Avenue and.West 3`d Street adjacent to another City owned parcel. The owners of the subject property are Beverly B. Mason and Rochelle Meeks. The proposed use of the property is to improve stormwater drainage issues within the City. The City has a Municipal Separate Storm Sewer System (MS4) Permit through the Florida Department of Environmental Protection. Under the permit, the City is required to make a 5% improvement within pollutant discharge rates to Lake Monroe every five years. This property straddles Mills Creek and, together with the City owned parcel, will provide sufficient area to design improvements which will address a portion of the 5% requirement during the current cycle. The estimated fair market value according to the Seminole County Property Appraiser is $21,194 and the current year's property taxes are approximately $300. The property can be purchased within the City Real Property Transactions City Administrative Policy regarding the acquisition of real property below the 15% ceiling value. Closing costs will be paid by the City and the property is being acquired in a manner that will result in the payment of no documentary stamp tax. LEGAL REVIEW: The City Attorney's office has assisted in this matter and has no legal objection to the purchase of the real property. RECOMMENDATION: City staff recommends that the City Commission approve the purchase of the subject real property for $22,500, plus all closing costs estimated to be approximately $1,000. SUGGESTED MOTION: "I move to approve the purchase of the subject real property, as proposed." Attachments: (1). Contract for Sale of Real Estate. (2). Seminole County Property Appraisal Record Card.