286-WilnerpARTIeS: Stuart N.Wilner, Edward Englander, and Ralph Scl~midt, Jr., Trustee of the ,
~I< Lake JessuD Joint Venture, 1,~: Azelia Place, Win~er Park, F]~"~.da (Pho.e ),
and City of Sanford, Florida , ("Buyer"),
of P.O. BOx 1778. Sanford. Florida 32772-1778 (Phone ),
hereby agree that the Seller shall Sell and Buyer shall buy the foilowir~ property (*'Property') upon the following terms and conditions which INCLUDE the
I. DESCRIPTION: (a) Legal description of Pror~r~y located in Se~L~o.le County, Flori0a:
See attached Exhibit "A" made a Dart hereof by reference
(b) Streeteddress, ifany, ofthe ProPer~y being conveyed is F~t HicThway 46 between Sanford and Geneva
(c) personal property (-Personally") included:
None
u.' PURCHASE PR,CE:. [Based. OD. as~Aed. a~I~g.e..o.f..2, ~Q.2 :;7..a.c~..e.s ) ........ ,: ..... . . $ '3,523,472.00
pAYMBNT: Stenstrora, McIntosh, Ju] i an, Colbert
(4) Deposit(s} to be heid in escrow by & ~Figham, P.A. in the smount of ...S 5,000.00
(b) ' Subject to AND assumption of Mortgage. in good standing in favor of
: having an approximate present principal balance of . . . $ None
(c) Purchase money mortgage and note bearing interest at % on terms set forth heroin below, in me
principal amount of ......................................................... S None
(d) Other ~aa~t~c)n~] (~pOSit (see P~racrraph 3 of addendum)
e Balance to close (U.S. cash LOCALLY DRAWN carrifle or casher's check), subject to adjustments and prorations..
ill TIME FOR ACCEPTANCE; EFFECTIVE DATE: If t i ~not execute ,' y all parties, and the FACT OF EXECUTlON'comr~unicated in writing or
and the offer withdrawn and deemed null ~_nd v,___o!d= T__he date of Contrac~ ("Effective Dat~ ') shall b~the date when the last One of Selier and Buyer ~as signed this offer.
' '{b) ~eexlstingmortgagede-scribedinParagraPhll{b . sICHECK~lh~f[2)):{1)rlavarlableint_erectrataORC2}rlafixedin~e_r_e~trateof ' ,, '.%
Huntinq riChts a~reement, easements and rights of way of public record ;provided, howe~eE, that there
Y~ A~IGNABILITY: (CHECK (~) or 12I): Buyer I1) ~ may assign OR (2) O may not assign
<1. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Ridpr shall be attached here~o an~ m~de part hereof. 'at
~II. SPECIAL CLAUSES: (SeeAddendumaTtachedheretoandma_deadarthereofby_.reference) Adde~d~ ~d .~:t.1-J.nl.b:Lts A - C tach~cl.
THIS IS INTENDED TO BE A LEGAL_LY BINDING CONTRACT,
IF NOT FULLY UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Date
~ (IF NO LISTING AGREEMENT IS'CURRENTLY IN EFFECT):
Sefier agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compensation in the amount of (COMPLETE
INLY ONE) 5 % of gross purchase price'OR $ for Broker's services in affecting the sale by finding a Buyer ready, willing and abte
Jt of this Contract, con.Cerning thte Broker's fee, the prevailing party shall be entitled to recover reasonable attor ey fees an sts.
e
PAGE 1 of 2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
XII SPECIAL CLAUSES
1) Inapplicable Sections. Paragraph IV, B, D, N and 0 of
Contract for Sale and Purchase are del~ed in their entirety.
2) Adjustment to Purchase Price. The "Purchase Price" described
in Paragraph II is based on an assumed acreage of 2,202.17
($1,600.00 per acre). The purchase price is subject to adjustment'
in the event the acreage is determined to be greater than or less
than 2,202.17 by a registered Florida surveyor. Adjustment will
be made on the closing date described in Paragraph VI.
3) Additional Deposit. "Additional Deposit" described in
Paragraph II(e) shall be deposited in escrow in the trust account
of Stenstrom, McIntosh, Julian, Colbert & Whigham, P.A. (City
Attorney) within seven (7) days of the "Effective Date" described
in ParagraphtII.
4) Title Insurance. The title insurance commitment described in
Paragraph V shall be obtained by the City Attorney through
Attorneys' Title Insurance Fund, Inc. at Seller's expense. The
owner's title policy premium charged shall be the "promulgated
risk premium" established by state statutes (i.e. the minimum
premium permitted by law).
~] ~,~veV. Buyer desires to obtain a survey at its expense prior
to closing a~ prG~,~aed in Paragraph "C". The purchase price
~ shall be adjusted if the a~Ie.~ge ~ertified by the survey is
greater or less than the 2,202.17 acres cont~x~Flatea by the
. ~ Seller and Buyer.
6) Conditional Acceptance by Seller. This contract is contingent
on the consent to the terms hereof by fifty-one percent (51%) or
more of the interest in the Lake Jessup J int Venture as required
al e co ic
the Buyer in writing or this contract shall be null and void and
the deposit shall be returned to Buyer forthwith. Date of
receipt of said consent shall constitute the "effective date" of
this contract.
7) Conditional Offerby Buyer. Buyer desires to hold a public
hearing as described in Section 166.045 Florida Statutes, whether
actually required by law or not. Therefore, this contract is
subject to the condition that it receive final approval of the
City Commission at a public meeting after 30 days public notice.
The City will not be under any obligation to close this
transaction and the deposit shall be returned to Buyer forthwith
unless this contract receives final approval by vote of the City
Co~miss~n at or after said public hearing.
8) Existing Leases. Notwithstanding the provisions of Paragraph
"F" Of this contract, Buyer reserves the right to require the
termination of the existing Cattle Lease and Hunting Lease of the
property prior to the closing of this transaction in the event
the City determines in its sole discretion that said leases are
inconsistent with the City's intended use of the property.
Seller will not enter into any new leases of the property without
first securing the written consent of the Buyer while this
contract for sale and purchase is pending.
Page lA of 2
5. SURVEY
Buyer shall have until not later than 9~ days from the
date of the closing to o~tain a survey at its expense,
$25,0~ of the purchase pri=e shall be placed in escrow at
the time of closing for purposes of adjusting the sales
price to reflect the correct number of acres conveyed. Upon
completion of the certified survey, an adjustment shall be
made on the basis of $16e8 per acre for 22~2.17 acres as
pro'vided in Paragraph 1. If any amount is due to buyers, it
shall be paid out of escrow and the balance paid to sellers;
if any amount is due to sellers, buyers shall pay any
additional amount forthwith and the escrow balance shall be
paid to sellers.
ADDENDUM CONT. Page 2 of 2
9) Right to Enter Land. Buyer shall have the right to enter on
the land described in said contract to carry out such preliminary
work as may be necessary, including but not limited to survey,
soil borings, and analysis by consulting engineers in a manner
such as to cause the lease possible disturbance to the possession
of Sellers. In the event the transaction does not close, Buyer
agrees to compensate Seller for any damage that may arise out of,
or be incidental to such work. In the event the transaction
closes, Seller releases anyand all claims for damage arising out
of or incidental to such work. Copies of all reports, surveys
and other findings concerning the property will be furnished to
Seller promptly when received by Buyer.
Q,Q) Re~ioit~ Pe~,~iLs. Buyer shall not be required to consummatc
the F~chase of the property herein unless it obtains all
necessary a lid permits from the proper authorities for the
construction of stewater effluent disposal system on the
property, for the instal ' of all equipment incident thereto,
and for the operation of such rise by August 20, 1987.
While not obligated to consummate the pu e of the property
unless the permits are obtained, the Buye in any event
· returnedI 3c Buyer fcrwith.
BUYER:
(SEAL) ~' " ' :
BY: M~yy" ' '"
SELLER:
Date TRUSTEE
TO: CITY OF SANFORD, FLORIDA
Re: Contract for Sale and Purchase between
Lake Jessup Joint Venture, Seller, and
the City of Sanford, Florida, Buyer,
Dated June 8, 1987
Paragraph ~of the Addendum of said
Contract.
In compliance with said Paragraph~s<f the Addendum
to said Contract, the Trustees of ake Jessup Venture
hereby have the consent of more than 51% of the share-
holders to approve said Contract.
Stuart N. Wilner
Dated: June ) ~ , 1987
TO: CITY OF SANFORD, FLORIDA
In the absence of Stuart N. Wilner, the third Trustee
for the Lake Jessup Venture, we the undersigned
Trustees hereby state that we are authorized to sign
said Contract for Sale and Purchase of property owned
by Lake Jessup Joint Venture to the City of Sanford,
Florida.
TRUSTEES
}~alp~//~midt, ~r. ~ ~
Dated: June l Q~ , 1987
H. lING CLUB LEASE LAKE JESSUP
This instrument shall represent the total agreement between Lake Jessup Hunting
Club represented by Larry Casey and Jack Martin and the lease holders, Ralph
Schmidt, Stuart Willnet and Ed Englander, Trustees of Lake Jessup Joint Venture.
1) Hunting Club will hold lease for a period of three (3) years with a 3'year
option. At the end of the three years a price renegotiation will be lease
holders' option with a 20% maximum increase in price. The yearly lease
payment will be $7,500.00. It is understood that this amount may be
modified due to sale of a portion of the property based on a rate of $3.25
per acre of usable hunting land, The lease may be terminated in full if all
usable property is sold or developed. A 60 day notice must be given to the
Hunt Club to remove personal property in the event of sale.
2) Hunt Club shall retain a minimum of $100,000.00 liability insurance.
3) Hunt Club shall have full use of property, year round, for the purpose of
hunting legal game within Florida Hunting Laws. May also have the privilege
to hunt hogs per the Florida Hunting Laws. Club may also use the property
for camping for the term of the lease.
4) The lease may be terminated at any time for the following:
a) Sale or joint venture of the. property
b) Disregard of Florida Hunting Laws
c) Destruction, misuse or illegal use of the property
5) The Club shall be limite~ to fifteen (t5) members and one (1) guest per member.
There shall be no guest on property without member.
6) The Club shall be held liable for any damage ~hey do to the cattle or fences
on the property. In the event of such damage the Club shall be responsible to
the Cattle Lease Holder.
7) No game (including hogs) will be taken from property by anyone except Hunting
Club member or their guests.
8) The above are all the agreements of this instrument and no other shall be
honored.
9) Lease term from 7/25/85 to 7/25/88. An annual payment of $7,500.00 will be
due by 7/25th of each year.
r Date ~itness
, ~ 'v ~e ' " ' je ~.~
Le e Heide
Date Witnes~
Willnet ~ic s "~
EXHIBIT
CATTLE GRAZING LEASE
THIS IS A LEASE between Lake Jessup Joint Venture,
called "Lessor" and Charles Franz and Kenneth Jacobs, called "Lessee",
and dated October 24, 1985.
In consideration of the covenants hereln contained
on the part of the Lessee to be kept and performed, the sum of
$2,000.00 paid to Lessor per year 1986 through 1990. Lessee will
restore fence on Eastern Boundary, and frontage on Hwy 46, with 4 strands
of barbed wire and posts as needed by June, 1988.
Lessor leases unto Lessee exclusive cattle grazing
rights and privileges for Lessee's cattle on those certain lands
situated in Seminole County, Florida, pursuant to the terms hereinafter
set forth, which lands are more particularly described in Exhibit
"A", attached hereto.
TO HAVE AND TO HOLD the said grazing rights and privileges
for the term from January 1, 1986 through December 31, 1990.
1. Lessee shallmaintain all fences and gates enclosing
the demised premises in as good a state of repair as they are at
this date and at the termination of the term of this lease to deliver
same to Lessor in the same condition.
2~ Lessee will maintain the pastures for grazing.'
Palmettos' growth will. be retarded and weeds will be mowed when they
become excessive.
3. Lessee will not authorize anyone to go or be upon
said demised premises, except his employees or agents when engaging
in working cattle. Lessor will be responsible for the repair of
fence damaged by any of his agents.
-1-
EXHIBIT C
4. Lessees shall cooperate in preventing hogs roaming
on the demised premises.
5. Lessees shall make no.offensive, improper or unlawful
use of said demised rights and privileges.
6. L~ssees shall not assign,.nor sublet said demised
livestock grazing rights and privileges, or any part thereof,
withou~ the written consent of Lessors.
7. Lesse&s shall cooperate with Le~bors to prevent
trespassing on Lessors' lands, and to cooperate with Lessors in
the apprehension and prosecution of trespassers, unauthorized
hunters and fishermen during the term of this lease.
8. Controlled burning on demised premises is necessary
in the interests of conservation of the timber lands of Lessors,
burns during certain periods'of the year are beneficial and desirable
for grazing. Lessors may therefore undertake a burning program to
be c~rried out in a manner that will reasonably protect and benefit
the interests of the parties to this lease, and will, from time to
time, confer with Lessees of their wishes in this respect, but in
any event, it is understood that all such burning of uplands and
timbered lands will be done at the discretion of Lessors. Lessees
shall cooperate in every way in reference thereto and shall use
their employees, at their expense, to accomplish same.
9. The parties shall use their best efforts to see that
'all persons opening and passing through gates or gaps in fences
located on said land, shall promptly close and secure same.
10. Lessees shall have the right to construct and maintain
necessaTy convenient cross-fences, holding pastures, crevices and
pens, provided they are located so as not to materially affect
Lessors and their invitees use and enjoyment of the Lessors' lands,
and provided further that adequate gates are provided so as not to
impede free paLage over said lands.
11. Lessees shall cause no careless or intentional injury
or damage to the property and they agree to indemnify the Lessors
against any such injury or damage caused by their employees or agents.
12. All fences, bridges, pens, or other improvements
and materials used in improving and repairing said property of
Lessors, shallbecome a part thereof, and at the expiration of
this lease shall be left thereon.
13. Lessors further reserve the right to have such
persons upon demised premises as it shall deem advisable in
their best interest.and furtherance of their ownership of the
lands.
14. The parties hereto shall supply each of their
agents, employees, members, officers, licensees or assigns,
with identification which Shall be carried on their persons when
onsaid lands, and any person not carrying and displaying such
identification on request, may be ejected from said lands for
such failure.
15. Lessors reserve for their exclusive use, all other
rights, privileges and uses of their lands except grazing rights,
cow pens and' crevices, the use of which is granted to Lessees.
16. Lessors may cut and/or sell timber from the demised
lands during the term of this lease, and selland harvest cabbage
buds, palm trees, pulp wood, and/or posts from time to time as they
deem to their best interest.
17. If kt shall become necessary for either party to
enforce any of the terms hereof, it shall be the obligation of
the defaulting party'to pay reasonable attorneys' fees to the party
who must seek to have the terms ~__~of enforced, whether suit be
brought or not.
18. This lease shall be in default if. the Lessees shall
fail to keep and perform any of the conditions, stipulations and
agreements herein contained on the part of the Lessees to be kept
and performed and the Lessees fail to cure same within 15 days
after written ~otice thereof except that if such default cannot
be cured within said 15 days, it shall be sufficient. if Lessees
commence to cure such default within such 15 days and thereafter
diligently continue from day to day, to endeavor to cure the default.
12. All fences, bridges, pens, or other improvements
and materials used in improving and repairing said property of
Lessors, shallbecome a part thereof, and at the expiration of
this lease shall be left thereon.
13. Lessors further reserve the right to have such
persons upon demised premises as it shall deem advisable in
their best interest.and furtherance of their ownership of the
lands.
14. The parties hereto shall supply each of their
agents, employees, members, officers, licensees or assigns,
with identification which Shall be carried on their persons when
on said lands, and any person not carrying and displaying such
identification on request, may be ejected from said lands for
such failure.
15. Lessors reserve for their exclusive use, all other
rights, privileges and uses of their lands except grazing rights,
cow pens and crevices, the use of which is granted to Lessees.
16. Lessors may cut and/or sell timber from the demised
lands during the term of this lease, and sell aund harvest cabbage
buds, palm trees, pulp wood, and/or posts from time to time as they
deem to their best interest.
17. If ~t shall become necessary for either party to
enforce any of the terms hereof, it shall be the obligation of
the defaulting partyto pay reasonable attorneys' fees to the party
who must seek to have the terms hereof enforced, whether suit be
brought or not.
18. This lease shall be in default if the Lessees shall
fail to keep and perform any of the conditions, stipulations and
agreements herein contained on the part of the Lessees to be kept
and performed ~nd the Lessees fail to cure same within 15 days
after written notice thereof except that if such default cannot
be cured within said 15 days, it shall be sufficientif Lessees
commence to cure such default within such 15 days and thereafter
diligently continue from day to day, to endeavor to cure the default.
If the default shall continue for 15 days from written notice
thereof or the Lessees have not commenced on their endeavor to
cure such default if the default cannot be cured within said
15 days, then, the Lessors may, at Lessors' option, terminate
and end this lease and re-enter upon the property, whereupon
the terms hereby granted, and at Lessors' option all right,
title and interest under it, shall end and the..Lessees become
tenants at sufferance whereupon the Lessors shall have all rights
afforded to them under the laws of the State of Florida with
reference thereto and for damages against the Lessees for such
breach; although the Lessors need not terminate this lease to
be entitled to damages for breach by Lessees.
19. If the Lessees shall suffer to be filed against .~
them, or either one of them, an involuntary petition of bankruptcy
or shall be adjudged voluntary or involuntary bankrupt or make an
assignment for the benefit of creditors, or should there be appointed.
a receiver to take charge of the premises either in the State Courts
or in the Federal Courts then, in such events, the Lessors may, at
Lessors' option, terminate and end this lease and re-enter upon the
property, whereupon the term hereby granted, and at Lessors' option,
all right, title and interest under it, shall end and the Lessees
become a tenant at sufferance.
20. The rights of the parties hereto under the foregoing
shall be cumulative, and failure on the part of either party hereto
to exercise promptly and rights hereunder, shall not operate to
forfeit any~of said rights.
· 21. In the event Lessors sell their interest in the
described lands, or in any part thereof, Lessors may at their option
cancel this lease upon 90 days written notice to Lessees, and Lessees
shall have 90 d~ys from such notice within which to vacate such lands.
Upon vacating the lands, the Lessors shall refund to Lessees any
unearned portion of the advance rental paid on a prorata basis. In
the event Lessors do not cancel in the event of sale~ Lessees shall
attorn to the purchaser of the land from the Lessors..
22. Lessees agree to cooperate fully with Lessors in
the prevent~nE and putting out of unauthorized woods fires affecting
the demised premises and to aid in tl~e prosecution of persons
responsible therefor.
23. Lessees agrea to cooperate w~th Lessors in keeping
the above described premLses posted against teespassing.
24. Lessees agree to furnish Lessors;' in writing, all
t'he ownership an d marks and txTands of' cattle, grazing on the above
described lands.
25. Time is the essence of this contract, and this
contract shell be binding on the parties hereto, their respective
heirs and assigns.
26. When either party desires to give notice to the other,
or to make demands, such notice shall Be in writing and shall be
delivered either By Western Union Tele6rem or by certified mail, return
receipt requested, addressed to the party to whom it is intended as
follows:
FOR TEE LESSOR: 1061 Azalea P1.
Winter Park, Florida 32789
FOR 'f~ LESSEE: . 1925 M~zell Ave.
Winter Park, Florida 32789
and such notice shall Be deemed given w~- and only when it has been
received by the addresses, unles= receipt of said notice has Been
refused by the addresses ]m whictl case ~t shall be conclusively pre-
sumed that said notice has been delivered.'
27. Lessee shall purchase liability insurance in the amount
of $100,000/$300,000 for personal injury and $10,000 for property
damage. Lessor shall be named as.party who is insured under the
terms of said policy, along wit5 the Lessee. Lessee shell give
evidence to the Lessor that sucI1 insurance is in full force and
effect and that Lessor is protected party ti~_reunder.
-5-
28. TIL~S lease may [2e e.~ecuted Ln any n~ber of counter-
parts, ~c~ of w~ch s~ll he d~ an ordinal, and all of
counterparts s~ll cons~tut~ one
SIG~ ~ D~ ~h~/~t~ da of ~, 1985.
BI~l h~~~art~
~ ~glande~
Co-T~stees, Lessor
C~rles Franz - ~nneth Jacobs
L~s~
PARCEL NO. 1:
SECTION TO~'/}:Siii? RANGE
The Southeast quarter (SE 1/4) of the Sout}:east
quarter (SE 1/4) (less the East 20 feet thereof
which was deeded to Seminole County, 'Florida,
for road purposes in that certain Deed dated
February 15, 1923, recorded in Deed Book 28,
at page 25 of the Seminole County Public
Records) of 1 20 South 31 East
All of the unsurveyed parts (also known as
Government Lots 3, 5, 6 and 7) of 12 20 South 31 EaSt
Government Lots 1 and '2 and the East half ,,
(East t/2) of the Southeast quarter (SE 1/4) of 12 20 South 31 East
The North half (North 1/2) of all of the
unsurveyed Darts (also. known aS GovermT, ent
Lots 4 and 5) of ' 13 20 South 31 Eas~
Government Lot '3 of 13 20 South 3!'Eas~
Government Lots 1 and 2 of 13 20 South 31 Eas~
. All of the West half (West 1/2) of the Southwest
quarter (SW 1/4) South of State Road No. 46
(less the West 20 fee~ thereof which was deeded
to Seminole County, Florida for road purposes
in that certain Deed dated Aoril !8, ~9~
recorded in Deed Book 28 at page 26 of the
Public Records of Seminole County, Florida) of 6 20 South 32 has
All of the North three quarters (North
South of State Road No. 46, and the West three
'Was~ 3/4) of the South one quarter
quarters ~
(South 1/4) of 7 20 South 32 has
'All of the Southwest quarter (SW i/4) South
of State Road No. 46 of' 8 20 South 32
All of the North three quarters (North 3/4)
of the West half (west 1/~) South of State
Road No. 46 and the West one quarter (West 1/4)
of the North half (North 1/2) of the Southwest
~uarter (SW 1/4) of the Southeast quarter
.(SE 1/4) of 17 20 South 32
The South 18 acres of the Northeast quarter
(NE 1/4) of the Northeast q'~arter (~iE t/4) ;d
the west three quarters (?7est 3/4) c~ the
North half (North 1/2) and the Southc. ast
quarter (SE 1/4) of the Northeast quarter
(NE 1/4)(less the South 1~ chains of the
East 5 chains) and the South half (S~'.~C~ 1/2) of 18 20 South 32
The North half (North 1/2) of the Northeast
quarter (NE 1~4) of - 19 20 South 32
D.- ~ exceoL '~ nU f~o~n thc~ n~,~ vc-de~c 7~ bc,~] . . _ y
~ . ' . oroo.=,ru- 60 foot strip of land
along the ]Last boun<]arv of S.ac%ions !2 .~nd i3, Tc~ship 20 South, Range
31 East and a~ong the %'zct~L bounc]ary of SectLions 7 and ~8 Township 20
South, Ranca 32 E~st Quit-Cla.imed to Sez.inole County, Florida for a
public road by that certain Quit-Claim Deed dated j~:nuary 6, 1941,
recorded in D.ccd Book 85 at page 306 of the Public Records. of Seminole
County, Florida.