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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DATE: If t i ~not execute ,' y all parties, and the FACT OF EXECUTlON'comr~unicated in writing or and the offer withdrawn and deemed null ~_nd v,___o!d= T__he date of Contrac~ ("Effective Dat~ ') shall b~the date when the last One of Selier and Buyer ~as signed this offer.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.