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165-Lake Monroe Industrial Park S, JOSEPH PIAZZA, LLM, TELEPHONE (305) 425-1812 S're'~NLSARCUS March 20~ 1987 Frank Faison, City Manager William Colbert,-County City of Sanford Post Office Box 1330 Post Office Box 1778 Sanford, Florida 32771 Sanford, Florida 32771 Dear Messrs. Faison and Colbert: This firm represents J.W. Hickman. Dr. Hickman owns a portion of the real estate located within the city limits of Sanford, which real estate was originally transferred by the City to South Shore Club, Inc. subject to a Right of Reverter. Thereafter, by an Extension Agreement dated March 25, 1983, the City released its Right of Reverter for the payment of $54,500.00 and $10,000.00 per year until such time as a Certificate of Occupancy was issued by the City for at least 240 dwelling units and 60 beds of a proposed life-care facility. The apparent purpose of the $10,000.00annual payment was to compensate the City for lost tax revenue during any period in which there was not full development of the property. As you may know, there have been a number of events subsequent to the City's transfer of the property to South Shore Club, Inc. which radically change the potential utilization of the property and, thereby, make the former agreements between South Shore Club, Inc. and the City unworkable from a realistic development prospective. Without getting into unnecessary detail, it suffices to say that the property is currently owned as follows: Candace Berry 10.0% Robert Feather 12.5% South Shore Club, Inc. 77.5% The property cannot be currently economically developed in accordance with the intentions of South Shore Club, Inc. when it acquired the property and the City's desire for development. Specifically, the property consists of a site formerly used by the Page 2 City Manager of Sanford and Atty. Colbert March 20, 1987 City for refuse disposal. As a result, the site consists of various layers of refuse and fill. The soil base is unsuitable for development without the use of pilings, the cost of which are virtually prohibitive. Neither South Shore Club, Inc. nor the City anticipated this problem at the outset of the agreements. It is obviously the desire of our client to develop the property to its fullest extent or transfer the property to a developer for that purpose. Equally obvious is the City's desire to see the property developed so that adequate tax revenue can be generated by its development. Neither of these desires can be met, however, under the existing arrangement. First, because of the expense of development it does not seem possible that 240 units can be constructed on the site. Second, subsequent to the transfer of the property, the "Certificate of Need" for the life- care facility has expired and, accordingly, such facility cannot be constructed. We request a meeting with the appropriate officials of the City of Sanford for the purposes of discussing, in detail, the foregoing and reaching an amicable resolution to the satisfaction of all parties. We believe that the resolution will require the City to agree to forego the $10,000.00 annual payments pending development of the property and further agree to modifications for the use of the property. In the interim, to show good faith, our client has delivered to us its check for $10,000.00 payable to the City of Sanford. A copy of that check is enclosed. We would like to meet with the appropriate officials as soon as possible and look forward to discussing the resolution of this matter with you at your earliest convenience. If you have any questions or require any additional information, please feel free to contact me. If not, please contact me to schedule a mutually convenient time for a meeting. Sinc tel SJP/ldl cc: client cc: Honorable Bette Smith TRANSMITTALMEMORANDUM  TO: Mr. Pete Knowles, City Manager Date: July 5, 1983 P.O. Box 1778 ~j Sanford, FL 32771 Re: File No. Your No. DOCUMENTS OR PAPERS LISTED BELOW ARE ENCLOSED: Enclosed is the 6riginal Agreement to the City from Bud Feather and a copy of the deed from the City to Feather. If you have questions, please advise. PLEASE TAKE THE FOLLOWING ACTION: THANK YOU. STENSTROM, MclNTOSH, JULIAN, COLBERT & WHIGHAM, P.A. Attorneys at Law Suite 22, Flagship Bank Post Office Box 1330 Sanford, Florida 32771 Telephone: (305) 322-2171 ~~BER~T~ Orlando Exchange 834-5119 WILLI AGREEMENT THIS AGREEMENT entered into the 27 day of June, A.D., 1983, by ROBERT G. FEATHER (hereinafter "OWNER"), and the CITY OF SANFORD, FLORIDA (hereinafter "CITY"). WHEREAS, ROBERT G. FEATHER is the owner of certain real property located in the City of Sanford, Florida, as more par- ticularly described in Exhibit "A" attached hereto (hereinafter "the PROPERTY"); and WHEREAS, the OWNER plans to construct a life care center with up to 400 dwelling units and a 120 bed nursing facility, and a 2 acre office/commercial park on the property (hereinafter "the PROJECT"); and WHEREAS,the CITY has authorized the issuance of tax exempt industrial revenue bonds to finance the PROJECT; and WHEREAS, the CITY received certain rights of reverter by instruments described as follows: Reverter I dated 12/9/81 and recorded in OR Book 1370, Page 0042, Public Records of Seminole County, Florida; Reverter II dated 12/9/81, unrecorded; Agreement to Release dated 12/22/81, unrecorded; Agreement and Reverter dated 6/28/82, recorded in OR Book 1401, Page 1175, Public Records of Seminole County, Florida; and Extension Agreement dated 3/25/83, unrecorded. (Copy attached and incorporated herein by reference. ) WHEREAS, the OWNER has paid to the CITY the sum of $54,500.00 and the CITY has agreed to release its reverter rights as provided in paragraph two of the Extension Agreement described above; and WHEREAS, the CITY and the OWNER intend to be bound by the remaining paragraphs of said Extension Agreement; and OFFICIAL RECORDS PAGE 1151 SE~I!NOLECO. FL. WHEREAS, a suit has been commenced by EOGHAN N. KELLEY against ROBERT G. FEATHER and the CITY OF SANFORD, FLORIDA, in Case No. 83-525-CA-09-E, Seminole County, Florida, to recover architectual fees and costs allegedly owed by ROBERT G. FEATHER from any loss, damage, fee or expense~ of said suit; and WHEREAS, the CITY desires to assure itself that the OWNER of the PROPERTY will be obligated to pay the CITY for municipal services provided for the life of the PROJECT, even if the PROJECT or PROPERTY should become exempt from ad valorem property taxes. NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, and other good and valuable con- sideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. That the CITY will, simultaneously with the signing of this Agreement, release by Quit Claim Deed all of its right, title and interest in the PROPERTY described in Exhibit "A" attached hereto; in particular its reverter rights known as Reverter I and Reverter II. 2. That OWNER agrees to pay the CITY $10,000.00 per year, plus all ad valoremreal property taxes from March 1, 1983 until the date a certificate of occupancy is issued by the CITY for at least 240 dwelling units and 60 beds of the proposed life care facility. The first payment shall be paid on or before March 1, 1984, and shall be paid annually thereafter. Payments shall be prorated for any part of the year when the certificate of occupancy described above is issued. 3. The parties agree that the obligation to pay the $10,000.00 described in the preceding paragraph shall run with the land, and any payments not timely made shall constitute -2- a lien against the property and shall be subject to foreclosure in the same manner as any other lien. 4. OWNER agrees and covenants that the real property and the improvements to be constructed thereon shall now and at all times in the future be subject to all City ad valorem real property taxes, or that equivalent payments in lieu of taxes will be madeas described in the next paragraph. 5. That in the event the PROJECT should become exempt from ad valorem property taxes in the CITY, during the life of the PROJECT, the OWNER of the PROPERTY shall, during each year of ownership, pay to the CITY an amount equivalent to the amount that would then be due annually to the CITY if the PROJECT or PROPERTY was not exempt during such year, such amount to be paid each year in lieu of ad valorem property taxes, as reimbursement to the CITY for the proviaion of police and fire protection~ refuse service~ street and road construction, main- tenance, and repair~ utility construction, maintenance and repair; and/or other such services normally provided by the CITY. 6. That OWNER shall indemnify and hold the CITY harmless, f~l~fh~=~l~fe~=~i=~=~-~M~from any loss, damage, fee or expense of Case No. 83-525-CA-09-E, filed by EOGHAN N. KELLY against ROBERT G. FEATHER and the CITY OF SANFORD, FLORIDA. 7. This Agreement shall be placed in the land records of Seminole County, Florida, and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, the OWNER, his successors and assigns~ and all subsequent o~mers of the property or any interest therein, until such time as the PROJECT is no longer in existence. 8. All prior agreements between the parties and their predecessors in title are hereby ratified and confirmed -3- · - ' ~ 6FFJCtAL RECORDS 1468 115S SEMINOLE C0. FL, and shall remain in full force and effect except as modified herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 'day and date first above written. · ?.;?% ~ CITY OF SANFORD, FLORIDA Deputy City Clerk ~ = ~;~./i~ By  ~ Mayor ROSA M. ROTUNDO~ -. STATE OF FLORIDA) , SE~NOLE COUNTY OF ~ Sworn to and subscribed before me this J of June, A.D., 1983, by LEE P. MOOE , ~ Mayor of the City of Sanford, Florida, and ROSA M. ROTUNDO, as Depty City Clerk of the City of Sanford, Florida. Notary P~lic - Stat~ ~f ~lorida STATE OF FLORIDA) SEMINOLE) COUNTY OF M) Sworn to and subscribed before me this j day of June, A.D., 1983 by ROBERT G. FEATHER.~+~ -4- } G8 1155 EXTENSION AGREEMENT SEMINOLEC0. FL THZS.AGI~EE~d~NT. ma~e a~ e~ecQted th~s~5' da~ of ~arc~, 1983, ~et~een ~O~ERT G. FEATHER and THECIT3f O~ SAN~ORD~ ~O~IDA. HHEREAS, the C~t~ of Sacford, ~lorlda sold ~ro~ert~ to South Shore CIQ~, Inc., for the ~rpose of constrQctincj a~artment com~le~ ~h~ch ~o~ld ~e a soarce of taz reve~e for the C~t~ a~d a6d~t~O~al d~e~l~n~ Q~ts for ~ts c~t~ens~ a~d HHE~AS, the sale ~as sQ~ject to a R~t of Re~erter · ~ro~d~ t~t ~ t~e e~ent Soath Shore Cl~ Z~c. d~d not comme~ce const~ct~onof ~m~ro~ements ~th~n 180~a~s that the C~t~ could reacq~re the ~ro~ert~ ~or the su~u of $117,000o00; a~d co~ence~ ~h~n ~he ~e~u~=ed ~80 6a~ ~e ~e~od, and ~he C~ HH~S, sa~d ~=o~e=~ Has ~=c~ased'~ HH~S, ~ ~g~ee~en~ and ~e~e=te= da~e~ ~he 28~h o~ ~e, ~982, ~he C~ ~ee~ to ez~e~d ~he~e ~o c0~e~ce const=~c~o~ ~ 270 da~s; and days as ~e~ed ~y the sa~d ~g~ee~e~ and ~e~e~e=; ~he=e~o ~as ~e~aes~ed a ~a~ve~ o~ ~he C~'s ~e~e~e= ~9~s so as ~o ~ac~Z~te co~s~Qc~on.o~ a ~o~osed ~e ca~e center, consisting o~ ~ ~O ~00 d~eZZ~n~ ~ a~ a ~20 bed ~s~g HH~S~ ~he C~' Co~ss~onhas 6e~e=~ned HH~S, t~e C~ ~as aa~o=~e~ the ~ss~a~ce oE ta~ NOW~ THEREFORE, FOR VALUE RECEIVED, ROBERT G. FEATHER AND THE CITY OF SANFORD, FLORIDA, AGREE AS FOLLOWS: 1. Anextension oftime is granted to Robert G. Feather by the City of Sanf0rd, and said extension of time shall commence on March 1, 1983, and terminate 90 days thereafter. The City of Sanford agrees notto exercise its rights of reverter within said 90 day extension. ~ 2. The City agrees to accept the sum of $54,~00.00 if tendered by Robert G. Feather within said 90 day extension and upon receipt of said funds, the City of Sanford agrees to execute the necessary documents to release all reverter rights it has in and to the said property. 3. In consideration of said extension of~'time and offer to release rights of reverter given by the City of Sanford, RobertG. Feather agrees to pay the City of Sanford $10,000.00 per year, plus all ad valorem real property taxes from the date of said extension until the date a certificate of occupancy is issued by the City of Sanford for at least 240 dwelling units and 60 beds of the proposed life care facility. The first payment shall be paid on or before.! March 1~ .19.84, and shall be paid annually thereafte~o Payments shall be prorated for any part of the year when the certificate of occupancy described above is ~ issued. ~ cD 4. The parties agree ~ha~ the obligation ~o pay the ~ $10,000.00, described in paragraph. ~hree above, shall run with p the land, and any payments not timely made shall constitute a lien against the property and shall be subject to foreclosure in the same manner as- any other l~en. 5. Robert G. Feather agrees and covenants that the real proper~y and the improvements to be constructed theEeon shall now and at all times in the future be subject to all City' ad valorem real property taxes. 6. At the time the City of Sanford executes releases its rights of reverter, Robert G. Feather shall execute such '. documents. as are necessaryto effect the provisions of paragraphs 3, 4, and 5 above. 7. All parties to this agreement agree 'that its te~ms and conditions shall survive the 'closing, De binding on all heirs, successors or assigns of the parties, and sha~ll attach. to .and run with the land described herein. 8. All prior agreements between the parties and their predecessors in title. are hereby ratified and confirmed and s~all 9. Time is of the essence of eem~ ' ~ RO ER A~ST~~:-~:}: ~ LEE P. MOO~, ~YOR STATE OF FLORIDA ) (CORPO~TE SEAL) COUNTY 0F SEMINOLE ) __ SWORN to and subscribed before me by ROBERT G. ~:~ATHER, ~' this ~ day of March, 1983. - ~ COUNTY OF SEMINOLE. ) I HE~BY CERTIFY tha't on this day, before me,' an~0fficer duly authorized in the State and County aforesaid to tak~ acknowledgemen~s, personally apppeared LEE P. MO0~-and HENRY N. T~, well known to me to be the Mayor and City Clerk respectively of the City of Sanford, and that they severally- acknowledged executing the same freely and volUn~rily under authorit~.~u~y.. vested in them by said corporation and that the seal afford ~o is the true corporate seal of said corporation. WITNESS' my hand and seal in the County a~d:Si~ la~"'~% aforesaid this 30~ay of March, 1983. =~':= ~,' J EXTENSION" 'AGREEMENT THIS AGREEMENT..made and executed this~ day of March, 1983, between ROBERT G. FEATHER and THE.CITY OF SANFORD, FLORIDA. WHEREAS, the City of Sanford, Florida sold property to South Shore Club, Inc., for the purpose of constructing an apartment comple~ which would be a source of tax revenue for the City and additional dwelling units for its citizens~ and WHEREAS, the sale was subject to a Right ofiReverter providing that in the event South Shore Club, Inc. did not commence construction'of improvements within 180.days that the City could reacquire the property for the sum of $117,000.00; and WHEREAS, the construction of improvements was not commenced Within the required 180 day time period, and the City was asked to delay implementation of the ReVerter provisions; and WHEREAS, said property was purchased' by Robert G. Feather'from South Shore Club, Inc.'; and WHEREAS; by Agreement and Reverter dated the 28th day .of June, 1982, the City agreed to extend the'time to commence construction by 270 days; and WHEREAS, improvements were hot commenced within 270 days as required by the said Agreement and Reverter; and WHEREAS, Robert G. Feather has requested an additional extension of time to commence construction and in addition thereto has requested a waiver of the City's reverter rights so as to facilitate construction of a proposed life care center, consisting of up to 400 dwelling unit~ and a 120 bed nursing facility, and a proposed 2 acre office/comercial'park; and WHEREAS, the City' Commission has determined it in the public interest to encourage the construction of a life care center with up to 400 dwelling units and a 120 bed nursing facility, and a 2 acre office/commercial park, while requiring the property and the improvements thereon to be subject to all City ad valorem real property taxes; and WHEREAS, the City has authorized the issuance of tax exempt industrial revenue bonds to finance said improvements. NOW, THEREFORE, FOR VALUE RECEIVED, ROBERT G. FEATHER THE CITY OF SANFORD, FLORIDA, AGREE AS FOLLOWS: !. An extension of time is granted to Robert G. Feather by the City of Sanford, and said extension of time shall commence on March 1, 1983, and terminate 90 days thereafter. The City Of Sanford agrees not to exercise its rights of reverter within said 90 day extension. ~ 2. The City agrees to accept the sum of $54,~00.00 if tendered by Robert G. Feather within said 90 day extension and upon receipt of said funds, the City of Sanford agrees to execute the necessary documents to release all reverter rights it has in and to the said property. 3. In consideration cf said extenslcn of"time and cffcr to re!case rights of rcverter given by the City of Sanford, l~(:rt G. Feather agrees to pay the Cit~' of Sanford $10,000.00 T..c:r '.i,;,- ~us all ad va!orc~ real property taxes _.c._ date c:! [..':l~ c:xtcnDion until the c~atc a Cer~__ c _ c- cccupanc3' is ic.==',=~.cl bD' the City of Sanfcr~ fcr at least 2-~? d'~e!lin-7 unit5 and ~0 beds of the'proposed life care facility. The first payment shall be paid on or before. March 1~ 19.84, and shall be paid annually thereafter. Payments shall be prorated for any part of the year when the certificate of o'ccupancy described above is issued. 4. The parties agree ~hat..~he obligation to pay the $10,000.00, describedin paragraph three above, s~a'll run with the land, and any payments not timely made shall constYtute a lien against the property and shall be subject tO foreclosure in the same manner as' any other lien. 5. Robert G. Feather agrees and covenants that the real property and the' improvements to be constructed thereon shall now and at all times in the future be subject to all City ad valorem real property taxes. 6. At the time the City of Sanford executes releases to its rights. of reverter, Robert G. Feather shall execute such documents as' are. necessary to effect 'the' provisions of paragraphs 3, 4, and 5 above. 7. All parties to thils agreement.agree 'that its terms and conditions she'll survive th~ 'closing, be binding on all heirs, successors or assigns of th~ parties, and shall attach to.and run with the land described he'rein. S. All prior agreements between the parties and the'it predecessors in title are hereby ratified and confirmed and shall effect except as modified h 're'n. 9. Time is of the essence . -. '. :"..", .... ATTEST: · STATE OF FLORIDA ) (CORPORATE SEAL) COUNTY OF SEMINOLE ) SWORN to and subscribed before me by ROBERT G. FEATHER, this JF day of March, 1983. ~ - q~ NOTARY " ' My Co~issi'on Expires: COUNTY OF SEMINOLE 1 I HEEBY CERTIFY that on this day, before me,' an officer duly authorized in the State and County aforesaid to take acknowledgements, personally apppeared LEE P. MOOE-and HENRY N. TM~, well known to me to be the Mayor and City Clerk respectively of the City of Sanford, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested h them by said corporation and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and seal in the County a~d State last aforesaid this ~ay of March, 1983. AGREEMENT TO RELEASE FOR VALUE RECEIVED, the CITY OF SANFORD, FLORIDA, (CITY) covenants and agrees unto SOUTH SHORE CLUB, INC. (OWNER) that in the event City does not accept either deed or reconveyance as procided for under Reverter I and II attached hereto within sixty (60) days from the date tendered by Owner, said Reverters shall be null and void'and City shall execute and record in the Public Records of Seminole County, Florida, a release of said Reverters. CITY OF SANFORD, FLORIDA A STATE OF FLORIDA COUNTY OF SEMINOLE SWORN TO AND AUBSCRIBED before me this ~ ~'~'~'day of December, A.D., 1981. NOTARY PUBLIC State of Florida My Commission Expires: ~K Commlssi;~ Expires April 16, ~.__~ ....... _ REVERTER I THIS REVERTER made and cxecuted this 30th day of November, A~ D., 1981, by SOUTH SHORL CLUB, INC., a Florida corporation existing under the laws of Florida. FOR VALUE RECEIVED, SOUTH SHORE CLUB, INC., (OWNER) hereby agrees toconvey title to the following described property, to-wit: Lots 5, 6, 7, (Less the Westerly 84.06 feet of said Lot 7) and 11, LAKE MONROE INDUSTRIAL PARK, according to the Plat thereof as recorded in Plat Book 14, Page 20, Public Records of Seminole County, Florida; Lots 3, 4, and 8 (Less the Westerly 209.06 feet of said Lot 8), LAKE MONROE INDUSTRIAL PARK, amended replat according to Plat Book 14~ Page 78 of the Public Records of Seminole County, Florida; and also that abandoned portion of MAPLE CONCOURSE as set forth in Official Records Book 977, Page 418, Public Records of Seminole County, Florida, to the CITY OF SANFORD~ FLORIDA, (CITY) in the event Owner does not commence construction of contemplated improvements no later than one hundred eighty (180) days from November 30, 1981, and in consideration of such reconveyance, there shall be immediately due and payable to OWner by City, in exchange for the deed, the sum of One Hundred Seventeen Thousand Dollars ($117,000.00) in U. S. funds. SOUTH SHORE ?LUB, I,NC- Witness As Its President 'STATE' OF FLORIDA COUNTY OF ORANGE SWORN TO AND SUBSCRIBED before me this 9th day of December, A. D., 1981. ~b~ ~y Publib, State of Florida lsslon Explr REVERTER II THIS REVERTER made and executed this 30th day of November, A. D., 1981, by SOUTH SHORE CLUB, INC., a Florida corporation existing under the laws of Florida. FOR VALUE RECEIVED, SOUTH SHORE CLUB, INC., (OWNER) hereby agrees to convey the following described property, to-wit: Lots 5, 6, 7 (Less the Westerly 84.06 feet of said Lot 7 and 11, LAKE MONROE INDUSTRIAL PARK, according to the Plat thereof as recorded in Plat Book 14, Page 20, Public Records of Seminole County, Florida; Lots 3, 4, and 8 (Less the Westerly 209.06 feet of said Lot 8), LAKE MONROE INDUSTRIAL PARK, amended replat according to Plat Book 14, Page 78, of the Public Records of Seminole County, Florida; and also that abandoned portion of MAPLE CONCOURSE as set forth in Official Records Book 977, Page 418, Public Records of Seminole County, Florida, to the CITY OF SANFORD, FLORIDA (CITY) in the event Owner fails to proceed with construction in accordance with usual standards of development and'Without unreasonable delay to completion of said improvements on the above described real property once construction has cemmenced, and in consideration of said re- conveyance, there ~hall be immediately due and payable to Owner by City, in exchange for the deed, the sum of One Hundred Seventeen Thousand Dollars ($117,000.00) in U. S. funds. Witness As Its President TRANSMITTAL MEMORANDUM TO: HENRY TAMM Date: 12-23-81 Re: Sanford/Rucker File No. Your No. DOCUMENTS OR PAPERS LISTED BELOW ARE ENCLOSED: Original Warranty, Deed and Reverter I which was recorded PLEASE TAKE THE FOLLOWING ACTION: THANK YOU. STENSTROM, McINTOSH, JULIAN, COLBERT & WHIGHAM, P.A. Attemeys at Law Suite 22, Flagship Bank Post Office Box 1330 Sanford, Florida 32771 Telephone: (305) 322-2171 Orlando Exchange 834-5119 WILLIAM L. COLBERT '~P!j~oI~ 'X~unoD eIOU.TUIeS ~O SpjzOD~H o.-ciqnci '8I~ abed 'LL6 ~oo~ sp~ooe~ ~ u~ ~o~ ~es se ~S~flODMOD ~d~ ~o uo~od peuopu~qe ~ osie pu~ l~p~ioi~ 'X~unoD eiou~eS ~o sp~ooa~ D!iqnd e~ ~o 8L e6~d '~I ~oo~ ~Id o~ 5u~p~ooo~ ~Ide~ pepue~ '~d ~IH~S~NI ~OHNON ' (8 ~o~ p~P~'~o ~ee~ 90'60E XI~e~saM e~ ssa~) 8 pu~ '~'[ s~o~ ~pl~oiZ 'K~unoD aioul~eS ~o sp~ooe~ (L ~o~ pies ~o ~ee~ 90'~8 KI~e~saM a~ sse~) L'9'S s~o~ :z~a '"P~d '4unoD ~IOU~DS u~ alvn~!~ ~ u~v~daa 1u~1 flu 'aaluv~6 ~; o/un ~/uoo pun ~a~uoa 'a~a~ 'as!~aa 'ua~u 'lies 'u~vS~u~ '~u~6 seep sluasaad a~a~{ ~ ,paspaimou{~ ~a~a~ ~ Joaaa~m id!aaa~ 'suo~vdap~suoo a]~vn}va ep~oT~ ts~u~dS ~uo~T~ ~uE~o~q~S u~ L~ 1ussa~ppu ao~J/olsod ;uau~aad sl~ ~l~m ' ~pT~oI~/o at~;S a~; Jo sm~ a~; aapun 6u~;s~xa uoUvaod~oo v SUBSSee' ~0 S~a~ S~ pU~ ' 'DMI '~D ~OHS H~OS o; '~o;uws a~ p~lo~ aalJvu~aaa~ Jo S~d l~!~yd st~ ~u!an~ pun ' ~p~OI~ Jo sm~ a~; aapun ~u;;s~a uo~ivao~o~ u 'uo~2od~O~ Ied~o~unm e '~GIMO~ '~MO~S ZO X~ID 13TO OOr+2 SE~=9~OLE CO. FL. REVERTER I THIS REVERTER made and executed this 30th day of November, A. D., 1981, by SOUTH SHORE CLUB, INC., a Florida corporation existing under the laws of Florida. FOR VALUE RECEIVED, SOUTH SHORE CLUB, INC., (OWNER) hereby agrees to convey title to the following described property, to-wit: Lots 5, 6, 7, (Less the Westerly 84.06 feet of said Lot 7) and llt LAKE MONROE INDUSTRIAL PARK, according to the Plat thereof as recorded in Plat Book 14, Page 20, Public Records of Seminole County, Florida; Lots 3, 4, and 8 (Less the Westerly 209.06 feet of said Lot 8), LAKE MONROE INDUSTRIAL PARK, amended replat according to Plat Book 14, Page 78 of the Public Records of Seminole County, Florida; and also that abandoned portion of MAPLE CONCOURSE as set forth in Official Records Book 977, Page 418, Public Records of Seminole County, Florida, to the CITY OF SANFORD, FLORIDA, (CITY) in the event Owner does not commence construction of contemplated improvements no later than one hundred eighty (180) days from November 30, 1981, and in consideration of such reconveyance, there shall be immediately due and payable to Owner by City, in exchange for the deed, the sum of One Hundred Seventeen Thousand Dollars ($117,000.00) in U. S. funds. SOUTH SHORE CLUB, INC. Witness As Its President iSTATE OF FLORIDA December, A.D., 1981. Sanford, Florida 32771 Commi~iou-rfianaqer Plan October 1, 1981 305/322,.3161 e. O, BOX 1778 3~ NORTH pARK AVENUE WARREN E. KNOWLES CiTY MANAGER ~r. Tb~es F o Nncker 5~ San Sebastian prado Altamonte Springs, Florid1 32701 Re: Labgfront p~operty Cit of Sanford receiving. e biuder for a sixty ( is ' chsse the previously agreed 19kefront property, west of T~e City Cczmission approved t, bis si~t~/(60) d~y time extension at ~heir Sep~enber 28, 1981 meetinto You shoul~ plan to close on ~he purchase prior ~o Novetx~ ~9, !981 if you s~e ~o ret, ain the ProPertY° ~e~/truly yours, City Manager Senford City C~i°n ~ Attorney ~ CiTY OF SANFORD, FLORIDA No. 04'61 9m- Oct. 2, ~1 ~ece~v~ Of THOMAS RUCER $ ] O, 000, O0 Ten Thousand Dollar~ Ooll~ p~nb~se l~ke frnnt prnp~rty by R .- coEision 9/28/81. ~ Sanford '~UJ Commission-l'~aaager Plan ~ ~; JUly 1, 1981 WARREN E. KNOWLES 305/322-3161 CITY MANAGER P.O. BOX 1778 300 NORTH PARK AVENUE Mr. Thomas F. Rucker 527 San Sebastian Prado Altamonte Springs, Florida 32701 Re: lakefront property This is to acknowledge receipt of your check in the amount of $10,000.00 and your request for a time extension of three months for the actual closj/~g date of the sale to be October 1, 1981. The $10,000.00 is in addition to the $13,000.00 previous paid to the City as non-returnable deposit and part of the purchase price. It is understood that the delay for your request is due to complete revision of the planned construct/on into a project of three times greeter than previously conceived and that the revision is possible now due to you receiving the backing through the Aspen DeveloFment end Management Corporation. I am reoa~Lendjng acceptance of the $10,000.00 as an additions] good faith binder for the three month extension of the closing date and this will be suhnitted to the Sanford City C~m~ission at their JUly 13, 1981 meeting. Very truly yours, W. E. "Pete" Knowles City Manager WEK/mjh cc: Sanford City Cu~,~Hssion "The Friendly City" ,/ .i //f SaNfOrd, ?~OridaNo. O< .; ~ Ten thouse~nd and no 00/000 Dollc~rs For ~dditional binder and deposit on lake front propertyF #Acct nmber ~-01-11595-2~ · OPTION AND CONTRACT TO PURCHASE THIS AGREEMENT made and entered into this 28th day of January , 1980, by and between THE CITY OF SANFORD, FLORIDA, a Municipal corporation, hereinafter referred to as "Seller", and THOMAS F. RUCKER, hereinafter referred to as "Buyer": WITNESSETH: WHEREAS, Seller is the owner of certain real property situated in Sanford, Seminole County, Florida, which Buyer desires to purchase in accordance with the terms and conditions hereinafter set forth; and WHEREAS, it is the understanding and intent of the parties that the purchase of the property by Buyer is contingent upon Buyer's ability to arrange for certain development of the property and is, therefore, conditioned upon Buyer proceeding with the development of the property in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the sum of THIRTEEN THOUSAND AND NO/100 ($13,000.00) DOLLARS, receipt of which is hereby acknowledged by Seller, Seller hereby grants unto Buyer the privilege of purchasing within the time stated herein for the purchase price of ONE HUNDRED THIRTY THOUSAND AND NO/100 ($130,000.00) DOLLARS, of which the consideration paid for this contract is a part, the real property situated in Sanford, Seminole County, Florida and described as follows: Lots 5, 6, 7 (Less the Westerly 84.06 feet of said Lot 7) and tl, LAKE MONROE INDUSTRIAL PARK, according to the Plat thereof as recorded in Plat Book 14, page 20, Public Records of Seminole County, Floirda; Lots 3, 4 and 8 (Less the Westerly 209.06 feet of said Lot 8), LAKE MONROE INDUSTRIAL PARK, amended reptat according to Plat Book 14, page 78 of the Public Records of Seminole County, Florida; and also that abandoned portion of MAPLE CONCOURSE as set forth in that certain instrument of record, recorded in Officail Records Book 977, page 418, Public Records Of Seminole County, Florida. The remaining portion of the purchase price in the sum of ONE HUNDRED SEVENTTEN THOUSAND AND N0/100 ($117,000.00) DOLLARS shall be paid to Seller at closing, subject to any adjustments for proration or closing costs. The terms and provisions of this contract as as follows: 1. The option to purchase granted herein shall expire on December 1, 1980. However, if On November 1, 1980, the prime interest rate generally recognized by the banking industry is more than ten (10%) percent, Buyer shall have until June 1 , 1981, to exercise the option to purchase. 2. If Buyer elects to exercise this option to purchase, notice of such election must be given to Seller in writing stating the closing date which shall not be later than thirty (30) days from and after the date such notice is mailed. It is the specific understanding of the parties that it is essential that this transaction be closed no later than December 1, 1980 unless there are title problems which cannot be cured by Seller by that date and unless the prime interes rate generally recognized by the banking industry is more than ten (10%) percent on November 1, 1980. 3. Thirty (30) days from and after the execution of this contract, Seller shall, at its expense, furnish a complete abstract of title from the earliest public records of Seminole County, Floirda down to a date subsequent to the date of this contract. Said abstract of title shall be prepared by a person or firm acceptable to the Buyer, and the complete abstract covering all of the property described in this instrument for the period of time set forth above shall be delivered to Buyer within said time period. Buyer shall proceed to have title examined, and if said title examination reveals that title to the property is free and clear of all liens andsencumbrances, and title is good, marketable and insurable, then this transaction shall be closed on a date to be determined by Buyer. If the evidence of title shall not meet the requirements above specified, - 2 - Seller shall ~ave a reasonable period o± aime to cure the defects, and will, in good faith, exercise due diligence to do so. If the defects are not cured within: that time, the Buyer shall have the right to either: a. Take any and all necessary action to cure said defects at the expense of Seller, or b. Accept title of Seller, notwithstanding said defects, and to close this transaction in accordance with its terms and conditions, or c. Terminate this contract, and if the Buyer shall elect to terminate, the amount paid as consideration for this contract and all extensions thereof shall immediately be refunded to Buyer, and until refunded, Buyer shall have alien upon all of the above described land. If Seller cures the defects within said reasonable period of time, and upon doing so, the Buyer shall fail to close this transaction in accordance with the terms of this contract, then, and in such event, this agreement shall terminate and the amount paid as consideration on this contract and all extensions thereof, shall be forfeited to the Seller as liquidated damages and all obligations of this agreement as to all parties shall terminate. 4. If Buyer elects to exercise this option to purchase and upon receipt of notice of such election Seller shall within fifteen (15) days from receipt of said notice furnish Buyer with an update of said abstract referred to in paragraph 3, said update commencing with the last date certified to be covered in the aforesaid abstract and bringing said title down through the date of notice of the exercise. Buyer shall have ten (10) days within wliich to examine the updated abstract and all pro- visions as to objections to title and Buyer and Seller's remedies thereto referred to in paragraph 3 above shall apply. 5. The parties hereto specifically acknowledge and agree that time is of the essence of this contract and that it is an essential term of this contract that construction of the contemplated improvements commence no later than thirty (30) days following closing. The time for closing and commencement of construction shall only be extended in the event there are defects in the title of the property which cannot be cleared within the time frame specified in this contract. In such event,' - 3 - the closing of this transaction and co~nencement of construction will take place within thirty (30) days of the date title is cleared. In addition to commencing construction, Buyershall proceed with construction in accordance with usual standards of development and without reasonable delay to completion of said improvements. In the event Buyer does not proceed with the development of the property as specified herein and title has been conveyed to Buyer, Buyer agrees to reconvey title to Seller, and in such event Seller shall return to Buyer all sums of money paid by Buyer herein save and except the THIRTEEN THOUSAND AND NO/100 ($13,000.00) DOLLAP~ consideration for this option agreement which Seller may retain and all parties will release each other from all liability. 6. In the event this contract is exercised and this transaction is closed, the property herein described shall be conveyed to Buyer or his nominee by Warranty Deed ~ith full covenants of warranty, free and clear of liens and encumbrances except as outlined herein, and Seller shall, at its expense, affix to the deed the requisite amount of documentary stamps and Buyer shall deliver the balance of the ~equired initial payment. 7. During the first sixty (60) days after the date of this contract, Buyer, his employees, agents or representatives, shall have the right and privilege to enter upon the above described land to make inspection thereof, to make surveys and/or soil test~, etc., to determine the use~/'to which said property may be put, so long as the inspection, surveys and/or tests do no damage to the property or interfere with the ordinary transaction of business by the Seller. In the event that said survey indicates encumbrances upon said property which are not referred to herein, then said encumbrances shall be treated as title defects pursuant to paragraph 3 above. If the report of soil tests or other tests s~alldisclose any soil or subterranean condition which would necessitate any extraordinary cost in construction of the foundation for Buyer's proposed buildings, then in that event, BUyer may, at his option, cancel and terminate this contract by furnishing written notice of such - 4 - cancellation and termination to Seller, along with a copy of the written report of the results of said tests, in which event the aforesaid consideration for this option agreement and any extensions hereof shall be promptly refunded to Buyer. In the event Buyer desires to cancel and terminate this contract for the reasons stated herein, the written notice of such cancelation and termination shall be submitted to Seller within sixty (60) days from the date of this contract. 8. Seller represents and warrants unto Buyer that the proper~y described herein contains approximately 7.9 acres and ths. t the property is situated within the City of Sanford, Seminole County, Florida and that at the time Buyer in~tends to construct his project as set forth above and of which project Seller is aware there will be no governmental prohibitions, restrictions, zoning, or other ordinances which would prohibit Buyer's intended improvements to the subject property or materially increase the construction costs or materially change Buyer's plans of construction of said project. 9o In the event Buyer fails to exercise this option to purchase, the THIRTEEN THOUSAND AND NO/100 ($13,000.00) DOLLARS deposit paid herein shall be f6rfeited to Seller. 10. If the Seller fails to perform any of the covenants of this contract, or if any of Seller's warranties are not complied with, the aforesaid money paid by the Buyer shall, at the option of Buyer, be returned to the Buyer on demand and all parties shall execute a release of the other party of their rights and obligations under this contract; the Buyer, however, at his option, may proceed in law or equity to enforce his legal rights under this contract, all monies paid pursuant to this contract by the Buyer as aforesaid shall be retained by or for the account of the Seller as consideration for the execution of this contract and as agreed and liquidated damages and in full settlement of any claims for damage. 11. In connection with any litigation arising out of this contract, the prevailing party shall be entitled to recover any costs incurred, including reasonable attorneys' fees. 12. Buyer shall have the right to assign his interest in this contract only upon the written consent of Seller, which consent shall not be unreasonablywithheld. Buyer shall have the right to assign his interest to any legal entity, whether a corporation or partnership, so long as Buyer has a substantial personal interest in said legal entity. 13. No agreements or representations, unless incorporated in this contract, shall be binding upon the parties. The terms and conditions of this contract shall be binding upon and inure to the benefit of the parties hereto, their heirs and assigns. IN WITNESS WHEP~OF, the parties hereto have hereunto set their hands and seals on the date and year first above written. Signed, sealed and delivered in the presence of: =[~ZZ~ ~. ,J'~2~' The Ci o or , Florida -- By: ~~ Attest: Y Clerk / - 6 -