HomeMy WebLinkAboutItem 07 Approval of Property Acquisition at 180 N. Bluford Avenue ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 1, 2020
Item # 7
Reviewed By:
Contact Name: Stephen C. Krug Department Director: • _ -
Contact Number: 6002 City Manager: /`'� /"-.
Subject: Property Acquisition of 180 N. Bluford Avenue.
Background Summary:
Public Works approached the property owners of 180 N. Bluford to secure a drainage easement for
maintenance over the existing canal through the property which ultimately drains to Starke Lake. After
a discussion, the owners offered to sell the entire property to the City. The property is adjacent to the
proposed stormwater park and though not required for the park, acquiring the property will enhance the
connectivity to the City Hall campus and the future proposed improvements along the canal to Starke
Lake. City staff have found the asking price to be below comparable sales for this area and recommend
proceeding with the purchase at the proposed $150,000.00. The purchase is adequately funded in the
Stormwater budget.
Issue:
Request the City Commission to approve the purchase of the property at 180 N. Bluford Avenue.
Recommendations:
Recommend approval to purchase the property at 180 N. Bluford Avenue for $150,000.00 and for the
Mayor, City Attorney, City Manager and Staff to execute the agreements on behalf of the City.
Attachments:
Purchase Agreement.
Financial Impact:
The $150,000.00 is adequately funded in the Stormwater Division's CIP budget under the Stormwater
Master Plan Project Improvements.
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
X Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. )41si j- ,� 44 N/A
Reviewed by ( ) EI N/A
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PURCHASE AGREEMENT
This Purchase Agreement (the "Agreement") is made and entered into this
day of , 2020 by and between MICHAEL ALAN DAVIS, SR., GARY
RODGER DAVIS,ROSANNE DAVIS,and KATHLEEN D. RITTEN, whose address
is 180 N. Bluford Avenue, Ocoee, FL 34761 (hereinafter collectively referred to as the
"Seller"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is
150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Seller is the owner of fee simple title to certain real property
located at 180 N. Bluford Avenue, Ocoee, FL 34761, (Parcel # 17-22-28-6144-02-221), as
more particularly described in Exhibit "A" (the "Property"), which is attached hereto and
by this reference made a part hereof; and
WHEREAS, Seller desires to sell, transfer, and convey the Property to City in an
"As Is"condition, and City desires to purchase and acquire the Property from Seller"As Is",
upon and subject to the terms and conditions set forth in this Agreement.
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.
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2. The Purchase — The Property. Seller 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, as provided herein. Notwithstanding anything
contained herein to the contrary,the parties acknowledge that the existing A/C unit, ceiling fans
and paneling within the Property may be removed by Seller prior to Closing.All other equipment
and fixtures shall remain with the Property.The removal of the permitted items shall be at Seller's
sole cost, expense and risk. In the event any of such items are not removed by Seller prior to
Closing, such items shall be considered part of the Property and conveyed to City at Closing.
3. Purchase Price. The Purchase Price for the Property shall be ONE
HUNDRED FIFTY THOUSAND AND No/100 DOLLARS ($150,000.00) (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 (b) 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 incurred by Seller.
4. Closing Costs; Tax Proration. The City shall pay all closing costs
associated with this Agreement, including all recording fees relating to 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
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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. City's Due Diligence. The parties agree that this is an"As Is"Agreement;
however,the City shall be allowed thirty (30) days from execution of this Agreement (the
"Inspection Period") in which to inspect the Property, and to conduct any engineering,
environmental, feasibility, and/or other studies. Any boring holes made by the City shall
be promptly filled and packed to the surrounding earth level by the City. If City, in its sole
discretion, determines that the Property is not suitable for City's needs, then City may
terminate the Agreement by delivering a written termination notice to the Seller prior to
the expiration of the Inspection Period.
6. Title Documents. City shall, within twenty (20) days of full execution of the
Agreement, obtain at the City's expense, a title insurance commitment to be issued by a
national title insurance underwriter licensed in Florida. City may, at City's expense,
obtain a boundary survey of the Property prior to the expiration of the Inspection Period.
7. City's Review of Title. Any objection to the condition of the title or survey
shall be made in writing within ten(10)business days following receipt of the later of title
commitment or survey, but in all events prior to the expiration of the Inspection Period (a
"Buyer's Objection Letter"). Matters shown in the Commitment (or any amendments or
updates thereof)that are not timely objected to by City as provided above shall be deemed
to be"Permitted Exceptions." Seller shall cooperate with City to eliminate title exceptions
objected to by City, but Seller shall have no obligation to cure or correct any matter
objected to by City. On or before the fifth (5th) Business Day following Seller's receipt
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of Buyer's Objection Letter, Seller may elect, by delivering written notice of such election
to City ("Seller's Response"), to cause Title Insurer to remove or insure over any matters
objected to in City's Objection Letter. If Seller fails to deliver Seller's Response within
the period set forth above, it shall be deemed an election by Seller not to cause Title Insurer
to so remove or insure over such objections. If Seller elects or is deemed to have elected
not to cause Title Insurer to so remove or insure, or if City determines, in its sole
discretion, that any proposed endorsement for or insurance over an objected matter is
unsatisfactory, then City must elect, by delivering written notice of such election to Seller
on or before the earlier to occur of(a)the fifth(5th)Business Day following City's receipt
of Seller's Response or (b) if no Seller's Response is received by City, the fifth (5th)
Business Day following the date on which Seller shall have been deemed to have
responded, as provided above, to: (i) terminate this Agreement; or (ii) proceed with this
transaction, in which event those objected to exceptions or matters that Seller has not
elected to cause Title Insurer to so remove or insure shall be deemed to be Permitted
Exceptions.
8. Condition of Title at Closing. At the Closing, Seller shall sell,transfer, and
convey to City fee simple title to the Real Property by a duly executed and acknowledged
warranty deed, subject only to the Permitted Exceptions. The conveyance shall be free and
clear of all tenants and occupants. At Closing, Seller shall convey to City a final owner's
title insurance policy based on the value of the Property.
9. Closing Update. At least five (5) days prior to Closing, Closing Agent shall
cause the Title Insurer to endorse or update the Commitment to reflect the conveyance of
the Property at the Closing. If the endorsement to/update of the Commitment includes any
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additional requirements, Seller must satisfy the same prior to the Closing at Seller's sole
cost and expense unless said new requirements were caused by an action of City. If the
endorsement to/update of the Commitment includes any exceptions that are not already
Permitted Exceptions, Seller must take all action necessary to delete the same prior to the
Closing at Seller's sole cost and expense unless said new exceptions were caused by an
action of the City or unless City consents in writing to the same as a Permitted Exception
prior to the applicable Closing. Failure to satisfy said requirements and/or delete said
exceptions shall be a default under this Agreement by Seller.
10. Closing. Closing of title for the Property shall take place at the offices of
Scott Cookson, City Attorney, Shuffield, Lowman & Wilson, P.A., 1000 Legion Place,
Suite 1700, Orlando, Florida ("Closing Agent"). Closing will occur on or before fifteen (15)
days following the expiration of the Inspection Period, but in no event earlier than
February 1,2021. The City's legal counsel shall be responsible for the preparation of all
closing documents, at the City's expense.
11. 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.
12. Further Documentation. The parties agree that at any time 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
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transactions contemplated hereby. The provisions of this paragraph shall survive the
closing.
13. 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.
14. 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.
15. 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.
16. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
17. 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.
18. 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.
19. Brokerage. The City represents that it has not involved any broker, finder,
or similar consultant in connection with the subject matter of this Agreement. Seller
represents that it has not involved any broker, finder, or similar consultant in connection
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with the subject matter of this Agreement other than Sonia Brown of Micki Blackburn
Realty which Seller agrees to compensate pursuant to a separate agreement. Each party
agrees to indemnify the other against brokerage or commission claims arising out of the
indemnifying party's actions. The provisions of this Section shall survive Closing.
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IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement,to become effective as of the date and year first above written.
SELLER:
Michael Alan Davis, Sr.
Gary Rodger Davis
Rosanne Davis
Kathleen D. Ritten
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
Executed on: , 2020
By:
Signature Rusty Johnson
Mayor
Print Name Attest:
Melanie Sibbitt
City Clerk
[AFFIX SEAL]
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IN WITNESS WHEREOF,the parties hereto have duly executed this
Agreement,to become effective as of the date and year first above written.
. /
Gary P.k��ger
R`, 4eAelfatt-"°'43.
Klatnititetevt)/a
D.Ritten
Signed,sealed and delivered
in the presence of
CITY OF OCOEE,a Florida municipal
corporation
Executed on: ,2020
By:
Signature Rusty Johnson
Mayor
Print Name Attest
Melanie Sibbitt
City Clerk
[AFFIX SEAL]
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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 ,
2020. 2020 UNDER AGENDA ITEM NO.
By:
Name:
City Attorney
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EXHIBIT "A"
Begin at the NE corner of Lot 23, Block 2, TOWN OF OCOEE, according to the plat thereof
as recorded in Plat Book "A", Page 100, of the Public Records of Orange County, Florida, run
thence West 96 feet, thence South to South boundary line of Lot 22, thence East along center
line of said ditch to East line of Lot 23, thence North to Point of Beginning.
Also, South 30 feet of West 60 feet of Lot 22, Block 2, of TOWN OF OCOEE, according to
the plat thereof as recorded in Plat Book "A", Page 100, of the Public Records of Orange
County, Florida.
Together with all the appurtenances, easements, and benefits belonging or in anyway
appertaining to said property.
Property Address: 180 N. Bluford Avenue
Ocoee, FL 34761
Orange County Tax ID No.: 17-22-28-6144-02-221