HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute Purchase Agreement with Deborah Stone and Jeanette Stone for their parcel located on the west side of Maguire Rd. Parcel to be used for the Maguire Road Reclaimed Water Tanks Agenda 4-02-2002
Item III B
FOLEY : LARDNER
A T T ORNE YS A T L A W
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
P.0. BOX 2193
ORLANDO, FLORIDA 32802-2193
TELEPHONE:407.423.7656
FACSIMILE:407.648.1743
WWW.FOLEYLARDNER.COM
MEMORANDUM
CLIENT•MATTER NUMBER
0203770565
TO: The Honorable Mayor and City
Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney /1.0111l
DATE: March 20, 2002
RE: Maguire Road Reclaimed Water Tank
Based on the Project design prepared by PEC the City needs to acquire the
property owned by Deborah Stone and Jeanette Stone located on the west side of Maguire Road
just north of the office development on the corner of Maguire Road and Roberson Road. The
property to be acquired is improved with a single family residence where Jeanette Stone and her
husband reside. The parcel is .67 acres in size. The City has had this property appraised by
DeRango Best & Associates who determined its appraised value to be $247,000.00. The Stones
have agreed to sell the parcel to the City for its appraised value plus 10%, or $271,700.00.
Closing is set for June 3, 2002 but the Purchase Agreement provides for continued possession by
the Stones through August 31, 2002. Attached is the Purchase Agreement which reflects the
agreement of the Stones.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
(1) approve the Purchase Agreement executed by the Stones, authorizing
execution thereof by the Mayor and City Clerk;
(2) authorize City Staff and the Mayor to execute all documents necess. \, to
proceed to closing.
MAD/j lc
cc: Jim Gleason, City Manager 101
James W. Shira, City Engineer
FOLEY&LAR
006.250966.1
PURCHASE AGREEMENT
This Purchase Agreement (the "Agreement") is made and entered into this
day of March 2002 by and between Jeanette Stone and Debra Stone, whose address is
932 Maguire Road, Ocoee, FL 34761 (hereinafter referred to as the "Seller"), and the
CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North
Lakeshore Drive, Ocoee, Florida 32761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Seller is the owner of fee simple title to certain real property
located in Orange County, Florida, as more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof (the "Property"); and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City is constructing the Maguire Road Reclaimed Water Tank
(the "Project") and in connection therewith needs to acquire from the Seller fee simple
title to the Property for the location of the reclaimed water tank; and
WHEREAS, the City has advised Seller that if the City and the Seller do not
enter into an agreement for the purchase and sale of the Property that the City intends
to use its power of eminent domain to condemn its required interests in the Property;
and
WHEREAS, Seller, under threat of condemnation, has agreed to sell the
Property to the City, and the City has agreed to purchase the Property, together with
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any and all improvements, structures, fixtures and appurtenances thereto on the terms
and conditions stated below.
NOW, THEREFORE, in consideration of the promises and other good and
valuable considerations exchanged between the parties hereto, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. The Purchase — The Property. Seller, under threat of condemnation,
agrees to sell and the City agrees to purchase, for the purchase price and on the terms
and conditions herein set forth, the Property, together with all tenements,
hereditaments, improvements, structures, fixtures, trees, shrubbery, roads and
easements, appertaining thereto and all of the Seller's right, title, and interest therein.
The Seller shall convey to the City marketable, fee simple title to the Property by
special warranty deed free and clear of all liens, mortgages and encumbrances, except
for restrictions, reservations and easements of record, if any. The instrument of
conveyance shall transfer all of Seller's interest in and to all improvements, fixtures,
easements, trees, shrubbery, rights-of-way, tenements and appurtenances belonging or
appertaining to the Property, including without limitation of the foregoing, all right,
title and interest of Seller in and to any land lying in the bed of any street, alley, road
or avenue (before or after vacation thereof, and whether previously abandoned or
vacated or hereafter abandoned or vacated).
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3. Purchase Price. The Purchase Price for the Property shall be TWO
HUNDRED SEVENTY-ONE THOUSAND SEVEN HUNDRED AND NO/100
DOLLARS ($271,700.00) (the "Purchase Price"). The parties hereto acknowledge
and agree that the Purchase Price: (a) constitutes full compensation to the Seller for the
value of the Property and the resultant damage, if any, to the remainder of the lands
adjacent thereto owned by the Seller; (b) includes full compensation to the Seller for all
trees, shrubbery and other improvements on the Property, all of which may be removed
by the City in connection with the Project; and (c) includes compensation and
reimbursement to the Seller for all costs and expenses incurred or to be incurred
incident to this Agreement and the closing hereof, including but not limited to
attorneys' fees and appraisal fees.
4. Closing Costs; Tax Proration. The City shall pay all closing costs
associated with this Agreement, including all recording fees and documentary stamp
taxes relating to or resulting from the transfer of title to the City of the Property. Real
property taxes in connection with the conveyance of the Property shall be prorated as of
the day of the acceptance of the conveyance by the City and the prorated amount shall
be paid by the Seller and shall be escrowed in accordance with the provisions of Section
196.295, Florida Statutes.
5. Closing. Closing of title for the Property shall take place at the offices
of Foley & Lardner, 111 North Orange Avenue, Suite 1800, Orlando, Florida at 10:00
a.m. on June 3, 2002. The closing date, however, may be changed by mutual
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agreement of the parties. The City's legal counsel shall be responsible for the
preparation of all closing documents, at the City's expense.
6. Additional Documentation. In connection with the conveyance of the
Property the Seller shall execute such closing documents as may reasonably be required
by the City, including but not limited to a standard form no-lien affidavit, a non-foreign
certification, and a closing statement.
7. Use of Property Prior to Closing. From the date hereof through the
date of acquisition of the Property, the City through its consultants, contractors and
employees, will be and are hereby authorized to enter upon the Property for the
purposes of having scientific investigation, surveying and the taking of soil borings in
connection with the Project. Any boring holes made by the City shall be promptly
filled and packed to the surrounding earth level by the City.
8. Use of Property after Closing. The parties agree that the Seller shall be
entitled to possession of the Property through August 31, 2002.
9. Further Documentation. The parties agree that at anytime following a
request therefor by the other party, each shall execute and deliver to the other party
such further documents and instruments, in form and substance reasonably necessary to
confirm and/or effectuate the obligations of either party hereunder and the
consummation of the transactions contemplated hereby. The provisions of this
paragraph shall survive the closing.
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10. Specific Performance. Both the City and the Seller shall have the right
to enforce the terms and conditions of this Agreement by an action for specific
performance.
11. Time of Essence. Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to
be performed or satisfied by the parties hereto.
12. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings
and agreements, with respect to the subject matter hereof. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by
formal amendment.
13. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
14. Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective legal representatives,
successors, heirs and assigns.
15. Negotiated Price to be Without Prejudice. The purchase price
specified herein was negotiated by the parties on the basis of a total price for the
Property and shall be without prejudice to any party, and inadmissable in any
condemnation proceedings which might hereinafter be brought if this transaction is not
closed for any reason whatsoever.
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16. Time for Acceptance. The Seller is irrevocably executing this
Agreement prior to approval by the City; provided, however, that in the event the City
does not approve and execute this Agreement on or before April 16, 2002, then the
Seller's execution hereof shall be automatically terminated and the City shall
immediately return to the Seller the executed originals hereof.
17. Effective Date. The Effective Date of this Agreement shall be the date
that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written.
Signed, sealed and delivered ,�
in the presence of: SELLS
- _ _> r � � _ �'
Debra Stone
! camni pit
Signed, Seale• and tielivered
in the pre -nce of 4`° Dianne Harris SELLER:
• My Commission DD022075
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Jeanette Stone Aocp.
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Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift
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Mayor
Attest:
Jean Grafton
City Clerk
[AFFIX SEAL]
Executed on: , 2002
For use and reliance only by the City of APPROVED BY THE OCOEE CITY
Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING
legality this day of HELD ON ,
2002. 2002 UNDER AGENDA ITEM NO.
By:
Name:
City Attorney
Foley & Lardner
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EXHIBIT A
LEGAL DESCRIPTION:
N 100Ft of S 460 Ft of E 330 Ft of Se 1/4 of Ne 1/4 (less E
40 Ft) of Sec 31-22-28 OR Book & Page 4938/0558 on
06-22-95 inst Qc Lw-96-84 (mc).
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