HomeMy WebLinkAboutVI (B) DISCUSSION/ ACTION RE: Purchase of Plantation Grove Shopping Center Site from Ferdinand Brothers for Fire Stations #3 AGENDA 10-15-96
OCOEE FIRE DEPARTMENT Item VI B
125 N. BLUFORD AVENUE-OCOEE, FLORIDA 34761-2216
Ron Strosnider Business 656-7796
Fire Chief EMERGENCY 911
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Ron Strosnider, Fire Chief
DATE: October 10, 1996
RE: PURCHASE OF SITE FOR FIRE STATION #3\MAGUIRE ROAD
HISTORY:
The City of Ocoee Fire Department owns a .979 Acre parcel of land located on the
West Side of Maguire Road approximately 650 ft South of Winshire Blvd.
This .979 Acre of land was going to be used for the temporary site of the Maguire
Road Station (#3). Due to the requirement for on site retention and set backs, this site
would not meet the requirements for a permanent facility.
REASON:
Work Order #1 by Gee & Jensen for a temporary facility was designed and bid.
This cost for site work and a temporary facility approached Two Hundred Thousand
Dollars ($200,000). We felt that this was not economically feasible and decided to
reevaluate this location for a temporary facility.
After a review of other parcels of land along Maguire Road, the Ferdinand Brothers
had an out parcel in the Plantation Grove Shopping Center on the North ingress/egress
road, that was .964 Acres of land, that met our needs. This parcel has on site drainage
water and sewer and does not require any on site retention, thus making this parcel
ready to build on, and would cost less to develop.
We also confirmed with Jim Shira that the Maguire Road widening project needed
the use of the original fire station site as a retention facility.
This site was ideal for the retention facility. It was decided that this site should be
appraised and sold to the road project and apply the funds to the purchase of the
Plantation Grove Shopping Center site upon the approval of your board.
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PURCHASE OF SITE FOR FIRE STATION #3/MAGUIRE RD
Page 2
An independent appraisal was done on both pieces of property by Consortium
Appraisal and Consulting Services, Inc. on September 8, 1996. The property on the
West side of Maguire Road appraised for Three Hundred Nine Thousand Dollars
($309,000) and the Plantation Grove Shopping Center out parcel appraised at Three
Hundred Fifteen Thousand Dollars ($315,000).
The Ferdinand Brothers agreed to sell the out parcel at the Plantation Grove
Shopping Center for Three Hundred Thousand Dollars ($300000) and released the
original P.U.D. agreement for the Fire Station site to be used for the retention facility on
the West side of Maguire Road.
SUMMARY:
The Fire Department has pre-determined that the fire facility will fit on the new site
and not exceed the square footage or set back requirements that have been set.
We recommend that the City sell the original fire station site to the road impact
fund and transfer these funds to the fire impact fee fund to purchase the Plantation Grove
Shopping Center site for the permanent Maguire Fire Station site.
The appraisal will be available at the City Clerk's office for your review.
RDS\sm.092
ATTACHMENTS
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CONTRAC:r FOR SALE AND Pt`RC VASE: -
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PARTIES: James V. Ferdinand, as to a 50% interest, and Robert L. Ferdinand and Mary V. maal
• Ferdinand his wife as to ti0� in erPst (. 1P,r°�
and CITY OF OCOEE, a Florida municipal corporation (Phone)
of 150 North Lakeshore Drive, Ocoee, FL 34761 ('g°Ver").
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property. (cdllectivety P (Phone)(407) 6 56-2322
Include Standards for Real Estate Transactions(`$tandardfs(")on the reverse side hereof or attached hereto and riders and addenda two Contract fortSal and Purchase conditions.
I. DESCRIPTION:
(a)Legal description of the Real Property located in Orange county.Florida: Lot 6, OPUS SOUTH, as recorded in
Plat Book 33, Page 21, Public Records of Orange County, FlorTda
(b)Street address.city,zip,of the Property is; N/A
(c)Personal Property: NONE
II. PURCHASE PRICE: s 300,600.00.
PAYMENT:
(a)Deposit held in escrow by in the amount of $
—0—
(b)Additional escrow deposit to be made within days after Effective Date(as defined in Paragraph III)in the amount of $ —0—
(c)Subject to AND assumption of existing mortgage in good standing in favor of
having an approximate present principal balance of $ —0—
(d)Purchase money mortgage and note to Seller(see addendum)in the amount of $ —0—
(e)Other: - _.__ .• $_ _0_
(f)Balance to close by U.S.cash.LOCALLY DRAWN certified or cashier's check or third-party loan,subject to adjustments or proration $ 300,600.00
III. TIME FOR ACCEPTANCEAF OFFER:EFfECTTV.E,/4?;FACSIMILE:If this offer in not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before UC L O e r l d, yy b the deposit(s)will,at Buyer's option,be returned and this offer withdrawn.The date of Contract('Ejfgsuve Date-)will
be the date when the last one of the Buyer and Seller has signed this offer.A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as originals.
Date for(CHECK ONLY ONE):7 a fixed: 7 an adjustable;or 0 a fixed or adjustable rate loan in the principal amount of$ at an i est rate not to
exceed %.discount and origination fees not to exceed %of principal amount,and for a term of years.Buyer will make a within days after Effective
Oate and use reasonable diligence to obtain a loan commitment and.thereafter,to satisfy terms and conditions of the co and close the loan.Buyer shall pay all loan
expenses.If Buyer fails to obtain a commitment or fails to waive Buyer's rights under this subparagraph within th • o •ning a commitment or,after diligent effort,fails to meet
the terms and conditions of the commitment,then either party thereafter,by written notice to the cancel this Contract and Buyer shall be refunded the deposit(s):or
(b)The existing mortgage described in Paragraph Mc).above,has(CHECK 0 • a variable interest rate;or O a fixed interest rate of %per annum.At time of title
transfer,some fixed interest rates are subject to increase;if i , a rate shall riot exceed %per annum.Seller shall,within days after Effective Date,furnish a
statement from each mortgagee stating the pri • ,method of payment interest rate and status of mortgage.If Buyer has agreed to assume a mortgage which requires
approval of Buyer by the mortga notion,then Buyer shalt promptly obtain the necessary application and diligently complete and return it to the mortgagee.Any mortgagee
charge(s)not to exc shall be paid by Buyer.If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with
the term niract or mortgagee makes a charge in excess of the stated amount Seller or Buyer may rescind this Contract by written notice to the other party unless either
f. TiTLE EVIDENCE At least 10 days before dosing date.
(CHECK ONLY ONE):0 Seller shall,at Seller's
xperise.deliver to Buyer or Buyer's attorney;or A Buyer shall at Buyer's expense obtain(CHECK ONLY ONE): CI abstract of title:or• title insurance commitment(with legible copies of
instruments listed as exceptions attached thereto)and,after dosing,an owner's policy of title insurance.
'I. CLOSING DATE:This transaction shall Declined and the deed and other closing papers delivered on November 12, 1ag�modified by other provisions of this Contract
'II. RESTRICTIONS:EASEMENTS;UMITATiONS:Buyer shall take title subject to:comprehensive land use plans,zoning,restrictions.prohibitions and other requirements imposed by
overnmental authority;restrictions and matters appearing on the plat or otherwise common to the subdivision;public utility easements of record(easements are to be located contiguous to
teal Property lines and not more than 10 feet in width as to the rear or front lines and 71/2 feet in width as to the side lines.unless otherwise stated herein):taxes for year of closing and
(if additional,items. see,addendum);provided,that there exists at dosing no violation of the foregoing
nd none prevent use of the Property for afire station pub c service bu i i c i rig purpose(s).
iII. OCCUPANCY:Seller warrants that there are no parties in occupancy other than Seller,but if Property is intended to be rented or occupied beyond dosing,the fact and terms thereof
rid the tenant(s)or occupants shall be disclosed pursuant to Standard F.Seiler shall deliver occupancy of Property to Buyer at time of dosing unless otherwise stated herein.If occupancy
to be delivered before dosing,Buyer assumes all risks of loss to Property from date of occupancy,shall be responsible and liable for maintenance from that date,and shall be deemed to
ave accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein.
L TYPEWRITTEN OR HANDWRITTEN PROViSIONS:lypewritten or handwritten provisions,riders and addenda shall control all printed provisions of this Contract in conflict with them.
. RIDERS:(CHECK those riders which are applicable AND are attached to this Contract):
(a) 7 COASTAL CONSTRUCTION CONTROL LINE (d) 0 VA/FHA (g) O HOMEOWNERS'ASSOCIATION DISCLOSURE
(b) 7 CONDOMINIUM (e) 0 INSULATION (h) 3 RESIDENTIAL LEAD-BASED HAZARD DISCLOSURE
(c)A FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (f) 0'AS IS' (I)
I. ASSIGNABILITY:(CHECK ONLY ONE):Buyer'?may assign and thereby be released from any further liability under this Contra=0 may assign but not be released from liability
rider this Contract orX1 may not assign this Contract.
U. DISCLOSURES:
(a)Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.Additional information regarding Radon or Radon testing may be obtained from
your County Public Health unit •
(b)Buyer may have determined the energy efficiency rating of the residential building,if any is located en the Real Property.
(c) If the Real Property includes pre-1978 residential housing then Paragraph X(h)is mandatory.
•
(f;itenpin end r.Ilaeerrhenrl+rrtriar-FiianA AL(it taaadc tisa�Z9 ^•i a"•'"•� ^,y:
IV. SPECIAL CLAUSES;ADDENDA:it additional terms are to be provided.attach addendum and CHECK HERE V. .
•
THIS IS INTENDED TO BE A LEGALLY 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 ANO THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and commons in this Contract should be accepted by the parties in a particular transaction.Terms and conditions should
be negotiated based upon the respective interests.objectives and bargaining positions of all interested persons.
COPYRIGHT 1995 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
See Attached Signature Page See Attached Signature Page
(Buyer) (Date) (Seller) (Date)
xcial Security or Tax I.D.I Social Security or Tax I.D.*
i8uyerl (Date) (Seller) , !Date)
cial Security or Tax 10.a Social Security or Tax I.D.*
,posit under Paragrapn II lai received:IF OTHER THAN CASH.THEN SUBJECT TO CLEARANCE. N/A :Escrow a,ent;
IOKER'S FEE:The broxers named below.Inducing listing and cooperating brokers.are the only brokers entitled to compensation in connection with this Contract:
me: N/A N/A
STANDARDS Fc A REAL ES r TL: TRANSACTIONS
A EVIDENCE OF TiTLE:r t 1 an a stract of tits preparea or broil tit current b a r
_'•3'a."--'ate s ^ the instruments affecting title to the Real Propertyy red QUWde ant existinc dbs::ad.firm fA not existing then cCrtihed as correct Qy an existing hum.Du•b�•;,••-
1-2 v otsis o' in ced in the public:ecar's of the county wherein the Real Property
_„—^erce with the ean,es:puoiic retorts.or such later Bate as may be customs in the coupope ry is tocatee Impugn 1 Bi.v a Ca
ry ty.Upon of tros Contract.the abstract snail become the property of Bcvd•
•-`. 'ib': 7!retention thereof by first mortgagee until fully paid.(2)A title insurance cdmmgment issued by a F closingnda licensed title insurer agreeing to issue Buyer upon rerrc:ng 3::
?2J It Buver. an owners oo'icy of tote insurance in the amount of the purchase price. insuring Buyers title to the Real Property suo;ect only to liens. encumbrances. exceo:ic^s
'.C31.C^s orcviceo in this Contract and those to be discharged by Seller at or Deloro dosing. Seiler snail convey marketable tale subjecpt O�nly to liens. encumbrances. exceC:Or_
cuautecatrons crovidea in this Contract.Marketable title shall be determined according to applicable Title Standards Poop tete by authdnty of The Ponca Bar and in accordance wan is:. 5_:9
snail have 30 days if abstract.or 5 days.ii title commitment.from date of receiving evidence of title to examine it.If tine is found detective. Buyer shall within 3 days thereafter at:ii Se.-L'
in wining soecirying the detects).II defects)render title unmarketable.Seller will nave 30 days from receipt Cf notice to remove the aefects.lading which Buyer snail.within dive t5i cis'
atter expiration of the thirty(30)day period.deliver wnnen notice to Seller either:(1)extending the time for a reasonable period not to exceed 120 days within wnicn Seller shall use dn.ge-:
effort to remove the defects:or(2)requesting a refund of deposals)paid wroth snail be immediately returned to Buyer. If Buyer fails to so notify Seiler. Buyer snail be deemed to ra.c
accepted the title as it then is.Seiler snail,if title is found unmarketable.use diligent effort to correct deletes)watnan the time provided tnerelor.if Seller is unable to lonely correct the Ce!ecs
Buyer shad either waive the defects.or receive a refund of deposals),thereby releasing Buyer and Seller from all further obligation under thus Contract.
B.PURCHASE MONEY MORTGAGE;SECURITY AGREEMENT TO SELLER:A purchase money mortgage and mortgage note to Seller snail provide for a 30•day grace period in the
event of default if a first mortgage ana a 15day grace period of a second or lesser mortgage:snail provide for ngnt of prepayment in whole or in part without penalty;snail permit acceleration
In event of transfer of the Real Property:shad require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mongagelsl
snail require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against the ana au perils included wnri:n
the term-extended coverage endorsements'and such other nsks and pants as Seller may reasonable require,in an amount equal to their highest insurable value:and the mortgage.note
ana security agreement snail be otherwise in form and content required by Seller:but Seller may only require clauses and coverage customany found in mortgages,mortgage notes and
secuntyagreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the Real Property is located.At Personal Property and teases
being conveyed or assigned will,at Seders option,be subject to the lien of a secunty agreement evidenced by recorded financing statements.II a balloon mortgage.the final payment wit exceed the periodic payments thereon.
C.SURVEY:Buyer.at Buyers expense,within time allowed to deliver evidence of title and to examine same.may have the Real Property surveyed and certified by a registered Florida
surveyor.If the survey discloses encroacnments on the Reel Property or that improvements located thereon encroach on setback lines.easements,lamas of others or violate any restrictions.
Contract covenants or applicable governmental regulation,the same shall constitute a tine defect.
D.TERMITES:Buyer,at Buyers expense,within the time allowed to deliver evidence of title,may nave the Property inspected by a Florida Certified Pest Control Operator("Operator')to
determine if tnere is any visible active termite infestation cr visible damage from termite infestation in the Property.If author or both are found.Buyer shall have 4 days irom date of written
notice thereof within which to have cost of treatment,if required,estimated by the Operator and all damage inspected and estimated by a licensed builder or general contractor.Seller snap pay valid casts of treatment and repair of all damage up to the amount provided in Paragraph XIII(a).If estimated costs exceed that amount.Buyer shall have the option of canceling this
Contract witrun 5 days after receipt of contractors repair estimate by giving wnrten notice to Seller or Buyer may elect to proceed with the transaction,and receive a credit at dosing on Inc
amount provided in Paragrapn XIII(a).-Termites'shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act,as amended.
E.INGRESS AND EGRESS:Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described in Paragraph VII hereof,tine to
which is in accordance with Standard A.
F.LEASES:Seller shall,not less than 15 days before dosing,furnish to Buyer copies of all wnnen leases and estoppel loners from each tenant specifying the nature and duration of the
tenant's occupancy,rental rates.advanced rent and secunty deposits paid by tenant.If Seller is unable to obtain such tenet from each tenant,the same information shall be furnished cy
Seller to Buyer within that time period in the form of a Sellers affidavit,and Buyer may thereafter contact tenants to confirm such information.Seller shall,at dosing,deliver and assign all
original leases to Buyer.
G.UENS:Seller snail furnish to Buyer at time of dosing an affidavit artesnng to the absence,unless otherwise provided for herein,of any financing statement claims of lien or potennat
fienors known to Seiler and further attesting that there have been no improvements or repairs to the Real Property for 90 days immediately preceding date of dosing.If the Real Property
has been improved or repaired within that time.Seller shall deliver releases or waivers of construction liens executed by all general contractors.subcontractors,suppliers and matenatmen
in apdtban to Sellers lien affidavit setting forth the names of all such general contractors.subcontractors.suppliers and matenalrnen,further affirming that an charges for improvements or
repairs wrecl could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the dosing of this Contract.
H.PLACE OF CLOSING:Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller.
I.TiME:In computing time periods of less than six(6)days.Saturdays.Sundays and state or national legal holidays shall be excluded.Any time periods provided for herein which shall end
on a Saturday.Sunday,or a legal holiday shall extend to 5:00 p.m.of the next business day.Time Is of the essence in this Contract.
J.DOCUMENTS FOR CLOSING:Seller snail furnish the deed,bill of sale,construction lien affidavit,owners possession affidavit,assignments of leases,tenant and mortgagee estoppel
letters and corrective instruments.Buyer shall furnish closing statement,mortgage,mortgage note,security agreement and financing statements.
K.EXPENSES:Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller.Documentary stamps and intangible tax on the purchase money mortgage
and any mortgage assumed,and recording of purchase money mortgage to Seller,deed and financing statements shall be paid by the Buyer.Unless otherwise provided by law or rider to
this Contract.c narges for the following related title services,namely title or abstract charge.title examination,and settlement and closing fee,shall be paid by the party responsible!or
furnisrung the title evidence in accordance with Paragraph V.
L PRORATiONS;CREDITS:Taxes,assessments,rent interest insurance and other expenses of the Property shall be prorated through the day before closing.Buyer shall have the option
of taking over existing polices of insurance,A assumable,in which event premiums shall be prorated.Cash at dosing shall be increased or decreased as may be required by prorations to
be made through day pnor to dosing or occupancy if occupancy ocwrs before dosing.Advance rent and security deposits will be credited to Buyer.Escrow deposits held by mortgagee will
be credited to Seller.Taxes shall be prorated based on the current years tax with due allowance made for maximum allowable discount.homestead and other exemptions.If closing occurs
at a date when the current years millage is not fixed and current year's assessment is available,taxes will be prorated based upon such assessment and prior years midage.If current year's
assessment is not available.then taxes will be prorated on prior years tax.If there are completed improvements on the Real Property by January 1st of year of closing,*non improvements
were not in existence on January 1st of prior year.then taxes snail be prorated based upon prior years millage and at an equitable assessment to be agreed upon between the parties:
falling wnicn,request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions A tax proration based on an estimate snail.at
request of either party,be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at dosing.
IA.SPECIAL ASSESSMENT UENS:Certified,confirmed and ratified special aSGtament liens as of date of dosing(riot as of Effective Date)are to be paid by Seller.Pending liens as cf
date of closing shall be assumed by Buyer.It the improvement has been substantially completed as of Effective Date.any pending lien shall be considered certified,confirmed or ratified ano
Seller shall,at closing,be charged an amount equal to the last estimate or assessment for the improvement by the public body.
N.INSPECTION.REPAIR AND MAINTENAIyCE: Seller warrants that as of 10 days pnor to dosing, the ceiling, roof(including the fascia and soffits) and exterior and interior walls.
foundation.seawalls(or equivalent)and dockage do not have any VISIBLE EVIDENCE of leaks,water damage or structural damage and that the septic tank pool,all appliances.mechanical
items,heating,cooling,electrical.plumbing systems and machinery are in WORKING CONDITION.The foregoing warranty shall be limited to the items specified unless otherwise provided
in an addendum.Buyer may,at Buyers expense.have inspections made of those items by a firm or individual specializing in home inspections and holding an occupational license for such
purpose(if required)or by an appropnatey licensed Florida contractor.Buyer shall,prior to Buyers occupancy or not less than 10 days pnor to dosing,whichever occurs first report in writing
to Seller such items that do not meet the above standards as to defects.Unless Buyer timely reports such defects,Buyer shall be deemed to have waived Seller's warranties as to defects
not retorted.If repairs or replacements are required to comply with this Standard.Seller stall cause them to be made and shall pay up to the amount provided in Paragraph XIII(b).Seiler
is not required to maze repairs or replacements of a cosmetic nature unless caused by a defect Seller is responsible to repair or replace.If the cost for such repair or replacement exceeds
the amount provided in Paragraph XIII(b),Buyer or Seller may elect to pay such excess.tailing which enter party may cancel this Contract If Seller is unable to correct the defects pnor to
closing,the cast thereof shall be paid into escrow at dosing.Seller shall,upon reasonable notice,provide utilities service and access to the Property for inspections.inducing a walk•througn
prior to dosing,to confirm that all items of Personal Property are on the Real Property and,subject to the foregoing,that ail required repairs and replacements have been made and tut
the Property.including,but not limited to.lawn,shrubbery arid pool.A any,has been maintained in the condition existing as of Effective Date.ordinary wear and tear excepted.
0.RISK OF LOSS:If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3%of the assessed valuation of the Property so damaged.
cost of restoration shall be an obligation of the Seller and dosing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing.If the cost of restoration
exceeds 3%of the assessed valuation of the Property so damaged.Buyer shall have the option of either taking the Property as is,together with either the 3%or any insurance proceeds
payable by virtue of such loss or damage,or of canceling this Contact and receiving return of the deposrt(s).
P.PROCEEDS OF SALE;CLOSING PROCEDURE:The deed shall be recorded upon clearance of funds.If an abstract of title has been furnished.evidence of one snail be continued at
Buyers expense to show one in Buyer,without any encumbrances or change which would render Seller's bee unmarketable from the date of the last evidence.All dosing proceeds shall to
herd in escrow by Sellers attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date.If Sellers title is rendered unmarketable,!nrougr no
fault of Buyer.Buyer shall,within the 5-clay period,notify Seller in wntng of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect if Seller tails
to timely cure the defect au deoosat(s)and dosing funds shall,upon written demand by Buyer and within 5 days after demand,be returned to Buyer and,simultaneously with such repayment.
Buyer snail return the Personal Property,vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale.If Buyer fails to make timery demand for
refund,Buyer snail take tale as is.waning all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of
sale.II a portion of the purchase price is to be derived from institutional financing or refinanang,requirements of the lending institution as to place.time of day and procedures for closing.
and for disbursement of mortgage proceeds shall control over contrary provision in this Contract Seller shall have the right to require from the lending institution a written commitment that
it will not withhold Disbursement of mortgage proceeds as a result of any title defect annbutabls to Buyer-mortgagor.The escrow and dosing procedure required by this Standard shall be
waived it the one agent insures adverse matters pursuant to Section 627.7841.F.S..as amended.
O.ESCROW:Any escrow agent(' err)receiving funds or equivalent is authorized and agrees by acceptance of them to deposit diem promptly,hold same in escrow and.subject to
clearance.disburse them in accordance with terms and conditions of this Contract Failure of funds to clear snail not excuse Buyers performance.If in doubt as to Agent's duties or liablities
under the provisions of this Contract Agent may,at Agent's option,continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement
of a court of competent jurisdiction shall determine the nghts of the parties,or Agent may deposit same vnth the dark of the circuit court having junscicbon of the dispute.Upon notifying all
parties concerned of such action,all liability on the part of Agent shall fully terminate,except to the extent of accounting for any items previously delivered out of escrow.If a licensee real
estate broker.Agent will comply with provisions of Chapter 475.F.S.,as amended.Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder.
or in arty suit wherein Agent interpleads the subject matter of the escrow.Agent shalt recover reasonable attomey's fees and costs incurred with these amounts to be paid from and out cf
the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party.The Agent shall not be liable to any party or person for misdelivery to Buyer or
Seder of items subject to the escrow,unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent.
R.ATTORNEY'S FEES;COSTS:In arty litigation,including breach.enforcement or interpretation,arising out of this Contract,the prevailing party in such litigation.which,for purposes of
this Standard.snail include Seller.Buyer and arty brokers acting in agency or nonagencv relationships autnonzed by Chapter 475.F.S..as amended.shall be entitled to recover frcm the
non•prevaiiing party reasonable attorneys fees,costs and expenses.
S.FAILURE OF PERFORMANCE:if Buyer fails to perform this Contract within the time speafhed.including payment of all deposits.the deposals)paid by Buyer and deposits)agrees a
be paid.may be recovered and retained by and for the account cf Seller as agreed upon liquidated damages.consideration for the execution of this Contract and in full settlement of any
datms:whereupon,Buyer and Seller shall be relieved of all obligations under this Contract:or Seller.at Sellers option.may proceed in equity to enforce Sellers rights under this Contract
If for any reason other than failure of Seiler to make Sellers hale marketable after diligent effort. Seller fails, neglects or refuses to penor m this Contract. the Buyer may seek sceclic
performance or elect to receive the return of Buyer's deposi(s)without thereby waiving any action for damages resulting from Sellers breach.
T.CONTRACT NOT RECORDABLE;PERSONS BOUND;NOTICE:Neither this Contract nor any notice of it shall be recorded in any pubic records.This Contract snail bind and inure to
the benefit of tre parties and their successors in interest.Whenever the context permits,singular shall include plural and one gender shall include all.Notice given oy or to the attorney:or
any party shall be as effective as if given try or to that party.
U.CONVEYANCE:Seller snail convey title to the Real Property by statutory warranty,trustees.personal representatives or guardian's deed.as appropnate to the status ct Sailer.Suc;ect
only to manors contained in Paragrapn VII and those otherwise accepted by Buyer.Personal Property shall.at the request of the Buyer,be transferred by an absolute bill of sale with war:a-',
C:title.suo!ec;only to such matters as may be otherwise provided for herein.
V.OTHER AGREEMENTS:No prior or present agreements or representations snail be binding upon Buyer or Seiler unless included in this Contract.No moedicauon to Or change in:r..s
Contract snail be vatic or binding upon the parties unless in wnting and executed by the party or parties intended to be bound oy it.
W.WARRANTY:Seller warrants that there are no fads known to Seller matenaly affecting the value Cl:he Property which are not readily observable Dy Buyer or which rave act tee^
Disdcsec to Buyer
SIGNATURE PAGE FOR
CONTRACT FOR SALE AND PURCHASE
BY AND BETWEEN
JAMES V., ROBERT L. AND MARY V. FERDINAND ("Seller")
AND THE CITY OF OCOEE ("Buyer")
BUYER: CITY OF OCOEE, FLORIDA
ATTEST: By:
S. Scott Vandergrift, Mayor
By:
Jean Grafton, City Clerk
(SEAL) DATE:
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY_
THE CITY OF OCOEE, FLORIDA COMMISSIONER AT AMEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1996.
THIS _ DAY OF , 1996. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
BY:
City Attorney
SELLER.
:ores V. Fe 1. 1
obert L. Ferdinand
Wa„,/
Mary V. Ferdinand
DATE: (ói' 2C
C:1WP51\DOCS\OCOEISIGPAGE.REV 110/9/961 DEBBIEH IPER:dh
ADDENDUM
TO
CONTRACT FOR SALE AND PURCHASE ("Contract")
by and between
JAMES V., ROBERT L. AND MARY V. FERDINAND ("Seller")
and the CITY OF OCOEE, FLORIDA ("Buyer")
Dated , 1996
The parties hereto agree that the following provisions are hereby agreed to and
incorporated into the Contract:
1. STANDARDS FOR REAL ESTATE TRANSACTIONS B, D, F, J, K, L, N, Q
and S are hereby deleted.
2. Paragraph IV of the Contract is hereby deleted.
3. Real property taxes for the year of closing and prior years shall be paid by Seller
and shall not be prorated based on the closing date.
4. Buyer agrees to pay all costs of closing as set forth in Standard K, except for the
cost of recording corrective instruments, if any, which will be paid by Seller.
Each party shall pay their respective attorneys' fees, if any, associated with this
transaction and the closing.
5. Seller and Buyer hereby acknowledge and represent to each other that no broker
or finder has been employed by either Seller or Buyer in connection with the
transaction contemplated in this Contract.
6. Seller acknowledges that the obligation of Buyer to close on the Property is
contingent upon Buyer, at its own expense, securing the appropriate zoning for
its intended use as a Fire Station/Public Services building. Seller does hereby
authorize Buyer on behalf of Seller to take those actions necessary to acquire
appropriate_zoning for Buyer's intended use, including but not limited to, an
air' ndment to the Plantation Grove Planned Unit Development.
7. In connection with the development of the Property, Buyer agrees to comply with
all landscaping requirements of the Ocoee City Code and, in addition to such
requirements, will construct, at Buyer's expense, a wall along the northern (rear)
boundary of the Property, such wall to be comparable to and compatible with the
existing wall separating the residential and commercial property within the
Plantation Grove PUD. The provisions of this paragraph shall survive the
closing.
8. Buyer agrees that the fire station proposed to be constructed on the Property will
have a tile roof comparable to the roof on the adjacent shopping center. The
provisions of this paragraph shall survive the closing.
9. Buyer agrees that the Ocoee Fire Department and emergency vehicles located on
the Property will not use sirens when exiting the Property on the Ingress/Egress
Easement which provides the Property with access to Maguire Road. The
foregoing provision shall be incorporated as a deed restriction in the deed from
Seller to Buyer and shall be specifically enforceable by Seller and its assigns and
shall run with the land for the benefit of adjacent lands owned by Seller or
Maguire Road Corporation as of the Effective Date. Further, Buyer agrees, at
Buyer's expense, to install and maintain a fire signal light at the intersection of
Maguire Road and the Ingress/Egress Easement and that such light will be
equipped with the Opticom System or its equivalent. The Opticom System is a
unit mounted on the stop light with a control device on all emergency vehicles.
The use of the Opticom System will eliminate the need for any sirens to be
utilized when emergency vehicles enter or exit the Property to/from Maguire
Road. The provisions of this paragraph shall survive the closing.
10. Seller represents that there are no deed restrictions, restrictive covenants or other
documents applicable to the Property which would prevent the use of the Property
by Buyer as a fire station site and the construction of a fire station on the
Property.
11. Buyer's counsel shall prepare all documents required for the closing of the
Contract and Buyer agrees to pay all costs associated herewith.
12. In the event either party fails to perform this Contract, other than Buyer's failure
to obtain the zoning after a good faith effort as set forth in paragraph 6 of this
Addendum or Seller's failure to make Seller's title marketable after diligent
effort, then either party may seek specific performance of the Contract, but in no
event shall either party be entitled to seek damages resulting from the other
party's breach.
13. The address of Seller is do Scott D. Clark, Esq., 369 North New York Avenue,
Third Floor, Winter Park, FL 32790.
14. This Addendum shall control in the event of any conflict with the Contract. _
BUYER: CITY OF OCOEE, FLORIDA
ATTEST: By:
S. Scott Vandergrift, Mayor
By:
Jean Grafton, City.Clerk
(SEAL)") DATE:
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSIONER AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1996
THIS — DAY OF _ , 1996. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
BY:
City Attorney
e V. Ferdin ALI
i
Tut L. Ferdinand
ve, ) z
May . Fe dinand
DATE: lD "I0 '`7.
C:\WP51\DOCS\OCOE\MAGUIREA.2 10/9/961DEBBIEH I PER:4h
FOREIGN INVESTMENT IN REAL PROPERTY TAx ACT.("FIRPTA") RIDER1.14
FAR/BAR
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as
amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to
withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Intemal
Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or
before closing, Seller provides Buyer with(1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice
of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of
federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in
proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding
Documents furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not
be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser
amount as is required by the applicable Withholding Document,as the case may be,and shall submit the amount
so withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulation which concern the filing of an application for a
Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations
to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's
reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense,
until a final determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall
deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation, In the
event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving
Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false,
Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply
with Section 1445 and to remit the amount so withheld and report such information as required under the
Regulations to the Internal Revenue Service.
FAR/BAR-6 Revised 1987