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HomeMy WebLinkAboutItem 02 Approval to Proceed with an Appraisal and Contract for Purchase of Property Located at 18 N. Lakeshore Drive in Exercise of the City’s Right of First Refusal ocoee florlda AGENDA ITEM REPORT Meeting Date: April 6, 2021 Item # oZ. Reviewed By: Contact Name: Scott A. Cookson, Department Director: City Attorney Contact Number: 407-581-9715 City Manager: Subject: Authorization to proceed with an appraisal and contract for purchase of property located at 18 N. Lakeshore Drive in exercise of the City's right of first refusal Background Summary: In October 2013, Glenda Fay Hopkins, a.k.a. Glenda Dunn, as Seller, and the City, as Buyer, entered into that certain Contract for Sale and Purchase of Property (the "Contract") wherein the City was granted the right of first refusal to purchase the property located at 18 N. Lakeshore Drive, Ocoee, Florida, 34761 (the "Property") at fair market value. On March 15, 2021, Seller provided the City written notice that Seller intends to sell the Property and provided the City 90 days to purchase, or decline to purchase, the Property. On March 25, 2021, the City provided Seller with Notice that City Staff believes it is in the best interest of the City for the City to acquire the Property, and that City Staff would take this item to the City Commission to seek approval to move forward with the acquisition of the Property and obtain an appraisal of the Property. Section 15 of the Contract provides that fair market value shall mean a price agreed to by the parties acting in good faith and outlines certain requirements to determine fair market value by obtaining an appraisal of the Property. In accordance with the Contract, City Staff now seeks City Commissions' approval to move forward with obtaining an appraisal of the Property to determine fair market value. Issue: Should the City Commission authorize City Staff to obtain an appraisal of the Property, authorizing funding from the contingency fund balance not to exceed $5000, and then to authorize staff to provide the attached contract to the seller? Recommendations We recommend the City Commission authorize City Staff to obtain an appraisal of the Property authorizing funding from the contingency fund balance not to exceed $5000, and then to authorize staff to provide the attached contract to the seller. Attachments: 1. Contract for Sale and Purchase between Glenda Faye Hopkins, a.k.a. Glenda Dunn ("Seller") and City of Ocoee, Florida ("Buyer") dated October 15, 2013; 2. Seller's Notice of Intent to Sell Property, dated March 15, 2021; and 3. City's Notice to Owner to Exercise Right of First Refusal, dated March 25, 2021. Financial Impact: Cost of residential appraisal (likely less than $5,000) Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading X Consent Agenda ❑ Ordinance First Reading ❑ Public Hearing ❑ Resolution ❑ Regular Agenda X Commission Approval ❑ Discussion&Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A SHUFFIELD ATTORNEYS AND ADVISORS VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED March 25, 2021 Glenda F. Dunn, Trustee of the Glenda F. Dunn Trust u/a/d August 28,2015 18 N. Lakeshore Drive Ocoee, FL 34761 Re: Notice to Owner to Exercise Right of First Refusal; 18 North Lakeshore Drive,Ocoee, FL 34761 Dear Ms. Dunn, In response to your letter to the City of Ocoee(the"City")dated March 15,2021,providing notice of your intent to sell the property located at 18 North lakeshore Drive,Ocoee,Florida 34761 (the"Property"),please be advised that City Staff believes it is in the best interests of the City for the City to acquire the Property. As such, City Staff is preparing to take this item to the City Commission to seek their approval to move forward with the acquisition of the Property. This will also include authorization for City Staff to obtain an appraisal of the Property. Thank you for your assistance in this matter. Please do not hesitate to contact me should you have any questions. Sr: ip 4,141 oitiriF og.• J. •psahl Assistant City Attorney cc: Robert D. Frank, City Manager Scott A. Cookson, City Attorney ORLANDO • 1000 LEGION PLACE,SUITE 1700 • ORIANL)O. FL 32801 • P 407 581 9800 • F 407 581 9801 TAVARES • 545 WEST MAIN STREET • TAVARES. FL 32778 • P 352 253.2222 • F 352 253.2229 DF.LAND • 203 FAST RICH AVENUE • DELAND.FL 32724 • P 386.736 9225 • F 386 736 926' PORT ORANGE • 851 DUNLAWTON AVENUE,SUITE 300 • PORT ORANGE.FL.32127 • P 386 763 5083 • F 366 763 5085 WWW SHUI1IEI.DLOWMAN COM CONTRACT FOR SALE AND PURCHASE 1. PARTIES: Glenda Faye Hopkins,a.k.a.Glenda Dunn("Seller") Seller's Address: 33 E. Oakland Avenue, Ocoee, Florida 34761 And City of Ocoee, Florida, a Florida municipal corporation("Buyer") Buyer's Address: 150 North Lakeshore Drive, Ocoee, Florida 34761 Seller and Buyer hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively, the "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase("Contract"). 2. DESCRIPTION: a. Legal description of the real property portion of the Property located in Orange County, Florida: See attached Exhibit"A" b. Street address, city,zip,of the Property is: 33 E. Oakland Avenue, Ocoee, Florida 34761 c. Description of personal property portion of the Property: See Section 14 herein 3. PURCHASE PRICE: One Hundred Seventy Five Thousand and no/100s Dollars($175,000.00) 4. EFFECTIVE DATE;FACSIMILE: The date of Contract("Effective Date")will be the date when the last one of the Buyer and Seller has signed this Contract. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original. 5. FINANCING: This is a cash transaction with no contingencies for financing. 6. TITLE EVIDENCE: Within fifteen (15)days of the Effective Date, Seller shall, at Seller's expense, obtain a title insurance commitment (with legible copies of instruments listed as exceptions attached thereto)and, after closing,an owners policy of title insurance. 7. CLOSING DATE: This transaction shall be closed and the closing documents delivered on or before sixty(60)days of the Effective Date unless modified by other provisions of this Contract. 8. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; public utility easements of record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7% feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for community and governmental purpose(s), including parking for municipal facilities. 9. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller and Seller's spouse, Donald L. Dunn. Seller shall deliver ownership of the Property at Closing to Buyer. Seller shall have thirty (30) days from the date of Closing to vacate the Property. During the time of post-closing occupancy, Seller shall be subject to the terms of the lease agreement(the"Lease") attached hereto as Exhibit"B"and incorporated herein by this reference.The provisions of this section shall survive closing. 10. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. 11. ASSIGNABILITY: Buyer may not assign this Contract. I 12. 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 acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure. c. If Seller is a "foreign person"as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 13. BROKERS: The parties each represent to the other that there are no real estate brokers, salespeople, finders or consultants, who are or were involved in the negotiation and/or consummation of this transaction. Seller agrees to defend, indemnify and hold Buyer harmless from and against any and all costs and liabilities, including, without limitation, attorneys' fees through all levels of proceedings, for brokerage or professional service fees claimed by any broker employed or claiming to have been employed by Seller or any party other than Buyer. Buyer agrees to defend, indemnify and hold Seller harmless from and against any and all costs and liabilities, including, without limitation, attorneys' fees through all levels of proceedings, for brokerage or professional service fees claimed by any broker . employed or claiming to have been employed by Buyer. The indemnification provided hereunder shall be applicable to any party claiming that it is owed a fee or other form of compensation due to or arising out of this Contract. 14. REMOVAL OF FIXTURES AND SHED: Seller shall have the right to remove all fixtures and personal property on the Property, including, but not limited to, the Smithbuilt shed from the Property(the "Personal Property")for up to thirty(30)days after Closing, provided that Seller shall replace any and all doors,windows or other fixtures required to maintain the security of the Property that Seller removes from the Property pursuant to the terms of this paragraph. Seller also agrees to install locks and provide Buyer with keys for any door, window or other fixture that is replaced by Seller. In the event that Seller has not removed the Personal Property within thirty(30)days from Closing, Seller acknowledges and agrees that Seller's right to retrieve the Personal Property shall be terminated. The provisions of this section shall survive closing. 15. RIGHT OF FIRST REFUSAL: Buyer shall have the Right of First Refusal(the"ROFR")to purchase the property located at 18 N. Lakeshore Drive, Ocoee, Florida 34761 and currently owned by the Mary L. Gorden Trust (the "ROFR Property") at fair market value ("Fair Market Value"). Notwithstanding the foregoing and without terminating or modifying the ROFR, Buyer acknowledges and agrees that Glenda Dunn shall have the right to purchase the ROFR Property from the Mary L. Gorden Trust, but said right shall terminate upon ninety (90) days from the Closing on the Property, unless extended by written consent of the Buyer, said consent not to be unreasonably withheld. For purposes hereof, Fair Market Value shall mean a price agreed to by the parties acting in good faith. In the event the parties cannot agree on the price,the Fair Market Value shall be determined as follows: Both Buyer and ROFR Property Seller shall obtain at their own expense an appraisal of the ROFR Property within thirty (30)days from a Florida licensed appraiser experienced in appraising residential properties in Orange County, Florida. If after receipt of such appraisals the parties cannot agree on the price then the two (2) appraisers shall mutually select a third appraiser whose determination shall be final. The legal description for the ROFR Property is attached hereto as Exhibit"C" and incorporated herein by this reference. Seller hereby acknowledges and agrees that a Memorandum of Right of First Refusal providing for the Buyer's rights under this section and executed by Glenda Dunn as Trustee for the Mary L. Gorden Trust and by the Buyer, as provided in the form attached hereto and incorporated herein by this reference as Exhibit "D" shall be recorded at closing. Seller hereby agrees to execute an amendment to the ROFR (the "Amendment") in the form attached hereto as Exhibit "E" and incorporated herein by this reference, within three (3) days after Seller purchases the ROFR Property. The provisions of this section shall survive closing. 16. ADDITIONAL TERMS: Addendum "A"attached hereto and incorporated herein by this reference provides additional terms for the sale and purchase of the Property. In the event that the terms in Addendum"A"conflict with the terms of this Contract,Addendum"A"shall control. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W below are incorporated as a part of this Contract. • STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: With five (5) days after the Effective Date, Seller shall provide Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the Purchase Price, insuring Buyer's title to the real property, subject only to liens, encumbrances, exceptions or qualifications, • provided in this Contract and those to be discharged by Seller at or before Closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in this • Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from date of • receiving evidence of title to examine it. If title is found defective, Buyer shall within said ten (10) days notify Seller in writing specifying the defect(s). If defect(s) render title unmarketable, Seller will have fifteen(15)days from receipt of notice to remove the defects,failing which Buyer shall,within five(5)days • after expiration of the fifteen (15)day period, deliver written notice to Seller either: (1)extending the time for a reasonable period not to exceed one hundred twenty (120) days within which Seller shall use diligent effort to remove the defects; or (2) terminating this Contract. If Buyer fails to so notify Seller, • Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s)within the time provided therefor. If Seller is unable to timely correct the defects. Buyer shall either waive the defects, or terminate the contract, thereby releasing Buyer and Seller from all further obligations under this Contract. If evidence of title is delivered to Buyer less than 5 days prior to Closing, Buyer may extend closing date so that Buyer shall have up to five (5) days from date of receipt of evidence of title to examine same in accordance with this Standard. B. SURVEY: Buyer, at Buyer's 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 encroachments on the real property or that improvements located thereon encroach on setback • lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulation,the same shall constitute a title defect. C. RIGHT TO TERMINATE: During the time period for examining the title as provided in Section A herein, ; Buyer shall have the right to terminate the Contract for any reason or for no reason. In the event that Buyer elects to terminate the Contract, Buyer shall provide written notification to Seller within ten (10) days after receipt of the title commitment D. TERMITESIWOOD DESTROYING ORGANISMS: Intentionally deleted. 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 9 hereof, title to which is in accordance with Standard A. • F. LEASES: Intentionally deleted. G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the real property for ninety (90) days immediately preceding date of Closing. If the 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 materialmen in addition to Seller's lien affidavit setting forth the names of all i such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract. a H. PLACE OF CLOSING: Closing shall he held in the county wherein the real property is located at the office of the Title Agent. 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. CLOSING DOCUMENTS: Seller shall cause to be prepared the closing documents which include the closing statement, deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases and any other closing documents reasonably requested.. K. EXPENSES: Documentary stamps on the deed and recording of corrective Instruments shall be paid by Seller. Cost of recording the deed shall be paid by Buyer:Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title examination, title commitment, title policy and settlement and closing fee shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph 6. 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 policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing, or occupancy, if occupancy occurs before closing. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior years millage. If current year's • assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of Closing(not as of Effective Date)are to be paid by Seller. N. INSPECTION,REPAIR AND MAINTENANCE. Intentionally deleted. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before Closing, the Closing shall proceed pursuant to the terms of this Contract with no adjustment in the Purchase Price occurring. P. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them 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 shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities 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 judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction 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. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of 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 Seller 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. Q. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees,costs and expenses. R. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, Buyer shall no longer have the right the purchase the Property, whereupon Buyer and Seller shall be relieved of all obligations under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance without thereby waiving any action for damages resulting from Seller's breach. S. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. T. CONVEYANCE: Seller shall convey title to the real property by statutory warranty,trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 9 and those otherwise accepted by Buyer. Personal property shall,at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. U. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. V. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. SIGNATURES TO FOLLOW • IN WITNESS WHEREOF,the parties hereto have executed this Contract. Signed,sealed and delivered in the presence of: SELLER: GLENDA FAYE HOPKINS,a.k.a GLENDA DUNN C<L-te' L .ile --E Print Name: (c_/- 1 cc L vG s By:.1 t r E (.1 JOt r tic Name: G t e k, d_ �� e }/� /,uA L-n-- - Print Name: T 1 C k t NC e_ l A C"t V-'> DONALD L.DUNN,as Spouse of Glenda C.60 Dunn Print Name: C.:7-x 1�, �!j e`� L�.,r., By: `n:&)/L..,j-kt. 4.4 1.. tJ Print Name: \C ,,y1C BUYER: CITY OF OCOEE,a Florida municipal corporation • A k _ By: 5a t Name: S. Scott Vandergrift Mayor ��. rint Name: / Attest:,.A.— . .4 t Beth Eikenberry City Clerk [AFFIX SEAL] Executed on:5 _ [} ,2013 • 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 HELD legality this /S day of oert 3(L 2013. ON - rYlher \J ,2013 UNDER AGENDA ITEM NO-. SHUFFIELD,LOWMAN& WILSON, c ` r.;.1 . ,j P.A. By: ci orn y Joinder and Consent of ROFR Property Owner By the signature below,Glenda Dunn as Trustee for the Mary L. Gorden Trust does hereby join and consent to the Contract for the limited purpose of acknowledging the obligations relating to the Right of First Refusal Property referenced in Section 15 of the Contract. Wi ess: y By: .4)„, Print Name: Lair-IA_ 4-\_ Glenda Dunn as Trustee for the Mary L. Gorden Trust -'COS - Print Name: 1. 11 ki14, �T kf'f)P` Exhibit"A" Legal Description of the Property LOTS 18 AND 18,BLOCK D,MARION PARK,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L,AT PAGE 48 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA • 1 • 1 Exhibit"B" Form of Lease Agreement LEASE AGREEMENT This Lease Agreement("Lease")dated ,2013,is entered into by and between the City of Ocoee,Florida,a Florida municipal corporation,whose address is 150 Lakeshore Drive,Ocoee,Florida 34761 ("Landlord"),and Glenda Dunn and Donald L.Dunn, whose address is 33 E. Oakland Avenue, Ocoee,Florida 34761 ("Tenant"). • WITNESSETH: 1. DEMISE OF PROPERTY • In consideration of the rents,covenants and agreements hereinafter reserved and contained in this Lease to be observed and performed by Tenant,Landlord does hereby demises and subleases to Tenant certain property(the Property"Property") located at 33 E.Oakland Avenue,Ocoee, Florida 34761,to have and to hold from the Delivery Date(as hereinafter defined)and during the term of this Lease subject to the covenants and agreements contained in the Lease. 2. TERM (a) Delivery Date. Unless otherwise set forth in this Lease, Tenant's right of occupancy under this Lease shall commence on the date when the Landlord purchases the Property from Glenda Faye Hopkins,a.k.a. Glenda Dunn(the"Delivery Date"). (b) Term. The term of this Lease shall extend through thirty (30) days following the Rent Commencement Date. 3. USE Tenant agrees to observe and comply with all laws, ordinances and governmental regulations pertaining to Tenant's manner of use. • 4. PAYMENT OF RENT Tenant hereby covenants and agrees to pay to Landlord rent (the "Rent") in the amount of one and no/100s Dollars($1.00). • 5. INDEMNIFICATION (a) Tenant Indemnification. Tenant covenants with Landlord to indemnify and hold harmless Landlord from and against any and all claims, actions, damages, (but not indirect, consequential or punitive damages),liability and expense,including but not limited to reasonable attorneys' fees, that arise from or in connection with the possession, use, occupation, management, repair, maintenance or control of the Property, or any portion thereof. Tenant shall,at its own cost and expense,defend against any and all actions that may be brought against Landlord or any mortgagee with respect to the foregoing. Tenant shall pay,satisfy and discharge any and all judgments,orders and decrees that may be recovered against Landlord in connection with the foregoing. Notwithstanding anything herein to the contrary, Tenant's obligation to indemnify and hold the Landlord harmless shall not apply to claims,actions,damages,liabilities, or expenses resulting from the negligent or wrongful acts of Landlord, its agents, contractors, employees, servants, lessees,or concessionaires or to any claim arising from events occurring in the Common Areas of the Building except to the extent resulting from the negligent or wrongful acts of Tenant,its agents,contractors, employees, servants,lessees,or concessionaires. 6. WAIVER OF LIABILITY Unless otherwise provided herein,Landlord shall not be liable for any loss of or damage to any property of Tenant or of any others located in or on the Property,or any injury or damage to persons or property that occurs in or on the Premises or results from an occurrence in or on the Property except to the extent that any such loss,damage or injury is the direct result of Landlord's negligence,breach or default under this Lease and Tenant does hereby expressly release Landlord from all liability for any damage,loss,or injury covered in this Section. 7. ASSIGNMENT AND SUBLETTING; COLLATERAL ASSIGNMENT Tenant shall not have the right to assign,sublet,license or otherwise transfer any or all of its rights and privileges under this Lease. 8. SURRENDER OF PROPERTY Tenant agrees to deliver to Landlord physical possession of the Property upon the termination of or the expiration of the term of this Lease. The Property shall be delivered clean and free of all personal property and FFE. Upon the expiration of the tenancy hereby created, if the Landlord has requested Tenant to remove all of the movable additions,fixtures and moveable installations placed upon the Leased Property by Tenant and designated in said request,and to repair any damage occasioned by such removal or repairs due to Tenant's failure to comply with this paragraph,and if Tenant fails to remove the same Landlord may affect such removals. 9. HOLDING OVER If Tenant shall hold possession of the Property after the expiration or termination of this Lease, Landlord may required Tenant to pay rent in an amount that is double the fair market rental rate as determined solely by the Landlord. Landlord may also exercise any remedies it has under this Lease for Tenant default including a legal action against Tenant for wrongfully holding over. 10..HAZARDOUS SUBSTANCES Tenant agrees not to introduce any hazardous material in,on or adjacent to the Property. If Tenant's stores,uses or disposes of any hazardous material in,on or adjacent to the Property and such action results in any contamination of the Property,the soil or surface or groundwater requiring remediation under federal,state or local statutes,ordinances,regulations or policies, Tenant agrees to clean-up the contamination. Tenant further agrees to indemnify,defend and hold Landlord harmless from and against any claims, suits,causes of action,costs,fees, including attorneys'fees and costs,arising out of or in connection with any clean-up work,or government enforcement proceeding in connection therewith, and any hazardous materials currently or hereafter used,stored or disposed of by Tenant or its agents,employees, contractors or invitees on or about the Property. 11. GENERAL PROVISIONS (a) Severability. Any provision of this Lease that is contrary to a law that the parties cannot legally waive or contract against is and shall be void and not binding on either party hereto; provided, however, that the invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. (b) Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original,and all counterparts shall constitute one and the same instrument. (c) Entire Agreement. This Lease contains all of the agreements between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. (d) Governing Law. All questions concerning the validity or intention of this Lease shall be resolved under the laws of the state of Florida and venue shall lie in Orange County,Florida. (e) Exhibits. All exhibits attached to this Lease are incorporated herein by reference. (f) Sovereign Immunity. Nothing contained in the Contract or in any instruments executed pursuant to the terms of the is Agreement shall be construed as a waiver or attempted waiver by the Buyer of its sovereign immunity under the constitution and laws of the State of Florida; provided, however, that this paragraph shall not be construed as an attempt by the Buyer to negate any partial waiver of sovereign immunity made by the Legislature under the provisions of The Tort Claims Act, Section 768.28,Florida Statutes or any future statute or Act adopted by the Florida Legislature. [Signatures to follow] IN WITNESS WHEREOF,Landlord and Tenant have executed this Lease on the date first • written above. WITNESSES: LANDLORD: CITY OF OCOEE,a Florida municipal corporation Print Name: By: Print Name: S. Scott Vandergrift Mayor Attest: Beth Eikenberry City Clerk [AFFIX SEAL] Executed on: ,2013 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 HELD legality this day of 2013. ON ,2013 • UNDER AGENDA ITEM NO. SHUFFIELD,LOWMAN&.WILSON, P.A. • By: City Attorney • WITNESSES: • . TENANT: /) Glenda Dunn tint Name: (a rc i Jcz_ tL)l S+LPf'o - ,1 1 T. By: Print Name: u t16 r` Name: G!e- i J 4 - N y Donald L.Dunn U. t Name: L'cL. !a (oe3_b xi_ rint Name: ,D\Qk fA T-ct i"' + Name: 1 +u f - N • Exhibit"C" Legal Description of ROFR Property LOTS 9 AND 10,BLOCK H,MARION PARK,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L,AT PAGE 48 OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA I • ' I I I - Exhibit"D" (Memorandum of Right of First Refusal) THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO: Scott A. Cookson,Esq. Shuffield,Lowman&Wilson, P.A. 1000 Legion Place,Suite 1700 Orlando,FL 32801 407-581-9715 • MEMORANDUM OF RIGHT OF FIRST REFUSAL THIS MEMORANDUM OF RIGHT OF FIRST REFUSAL (this "Memorandum") is entered into as of this day of , 2013, between Glenda Dunn as Trustee for the Mary L. Gorden Trust ("Seller"), whose address is 18 North Lakeshore Drive, Ocoee, Florida 34761,and the City of Ocoee, a Florida municipal corporation("Buyer"), whose address is 150 North Lakeshore Drive,Orlando,Florida 34761. RECITALS WHEREAS, Seller has agreed to offer Buyer a right of first refusal (the"ROFR")on the real property(the"Property")described on Exhibit"A",attached hereto;and WHEREAS, Seller and Buyer desire to place this Memorandum and notice of Buyer's right to purchase the Property of record. ' AGREEMENT i NOW, THEREFORE, in consideration. of the foregoing and other valuable consideration herewith, the receipt and sufficiency of which are acknowledged, Seller and Buyer enter into the following agreement: 1. Recitals. The above recitals are true and correct and are incorporated in this Memorandum by reference as if set forth in full herein. 2. Capitalized Terms. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. 3. Right of First Refusal. Seller agrees that Buyer shall have the ROFR to purchase the Property upon Seller's intent to sell, transfer, convey, assign, gift or otherwise dispose of the Property. Until such time as this Memorandum is terminated, Seller shall not sell, transfer, assign, convey, gift or otherwise dispose of any portion of the Property to any party other than Buyer or its assignee until such time as Buyer is notified that the Property is for sale and Buyer has either (i) exercised its rights to purchase the property for Fair Market Value (as I determined pursuant to Section 15 of that certain Contract for Sale and Purchase between the City of Ocoee, Florida and Glenda Faye Hopkins, a.k.a. Glenda Dunn or as otherwise agreed between Buyer and Seller) or (ii) notified Seller in writing of Buyer's intent to terminate its ROFR. Buyer shall have ninety(90)days from receipt of the written notice from Seller to notify Seller of Buyer's intent to exercise one of the foregoing options. 4. Termination. This Memorandum shall terminate upon the earlier of(i) Buyer's acquisition of the Property, or(ii)the recording of an instrument signed by both Seller and Buyer terminating this Memorandum. 5. Binding Effect. The terms and provisions of this Memorandum shall be binding upon and inure to the benefit of Seller and Buyer, and their representatives, successors, and assigns. The burdens hereof shall run with the land, with the effect that any person or entity which acquires an interest in the Property shall be bound by the burdens hereof. [SIGNATURES AND NOTARIES ON FOLLOWING PAGES] i . • • • IN WITNESS WHEREOF, Seller and Buyer have executed this Memorandum as of the date first above-written. EaLte, S LLER: Signature of Witness 1 Glenda Dunn as Trustee for the Mary L. Gorden Trust Print name of Witness 1 Signature of Witness 2 • t)exY tk'-E'r.5 A • Print name of Witness 2 STATE OF FLORIDA ) • )ss.: COUNTY OF���Y, • ) The foregoing instrument was acknowledged before me this 1114_day of C t ( a( , 201 by Glenda Dunn as Trustee for the Mary L. Gorden Trust,who is nersny_ nahly known to rae or who produced . as identification. [Official Notarial Seal] 1 } . Notary Public ) r c u\Q r�0, Notary Public State of Florida (Print_or type name) Diana Lunsford � os My Commission DD989938 o,r. &Ores 05r09/2o14 Commission No.: D 3(C, My Commission Expires: t/ 4311 9 Signed, Sealed and Delivered in the Presence of: CITY OF OCOEE,FLORIDA By: Print Name: S. Scott Vandergrift,Mayor Print Name: ATTEST: Beth Eikenberry,City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON ,20_ LEGALITY this day of UNDER AGENDA ITEM NO. ,20 . SHUFFIELD LOWMAN By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY,personally known to me to be the Mayor and City Clerk,respectively,of the CITY OF OCOEE and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of ,20 Signature of Notary Name of Notary(Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): Exhibit"A"(to Memorandum of ROFR) Legal Description of the Property LOTS 9 AND 10,BLOCK H,MARION PARK,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L,AT PAGE 48 OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA • I 1 • • • • • • • • • • • EXHIBIT"E" (Amendment to Memorandum of Right of First Refusal) THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO: Scott A. Cookson,Esq. Shuffield,Lowman&Wilson,P.A. 1000 Legion Place,Suite 1700 Orlando,FL 32801 407-581-9715 AMENDMENT TO MEMORANDUM OF RIGHT OF FIRST REFUSAL THIS AMENDMENT TO MEMORANDUM OF RIGHT OF FIRST REFUSAL (this "Memorandum") is entered into as of this _ day of , 20 , between Glenda Dunn("Seller"),whose address is 18 North Lakeshore Drive, Ocoee, Florida 34761, and the City of Ocoee, Florida a Florida municipal corporation ("Buyer"), whose address is 150 North Lakeshore Drive,Orlando,Florida 34761. RECITALS WHEREAS, Glenda Dunn as Trustee of the Mary L. Gorden Trust and Buyer entered into that certain Memorandum of Right of First Refusal (the "Memorandum") whereby Glenda Dunn as Trustee agreed to offer Buyer a right of first refusal ("ROFR")on the real property (the "Property")described in Exhibit"A"attached hereto and incorporated herein by this reference; and WHEREAS, the Property was conveyed by Glenda Dunn as Trustee of the Mary L. Gorden Trust to Glenda Dunn;and WHEREAS, Seller and Buyer desire to amend the Memorandum of Right of First Refusal to recognize Glenda Dunn as the owner of the Property. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other valuable consideration herewith,the receipt and sufficiency of which are acknowledged, Seller and Buyer enter into the following agreement: 1. Recitals. The above recitals are true and correct and are incorporated in this Memorandum by reference as if set forth in full herein. 2. Ratification. Glenda Dunn, as owner of the Property, and Donald L. Dunn, as the spouse of Glenda Dunn, hereby ratifies the terms and conditions of the Memorandum of the : Right of First Refusal. 3. Counterpart Execution. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which shall together constitute one and the same agreement. Signature pages may be detached from the various counterparts and attached to a single copy of this document to physically form one document. A facsimile version or email scan of any signature hereto shall be deemed an original for all purposes. 4. Incorporation into Agreement. The terms of this Amendment are hereby incorporated into the Memorandum. Except as specifically modified or amended by the terms of this Amendment, the Memorandum remains in full force and effect, without change or modification, and is hereby ratified and confirmed in such respect. Which party prepared this Amendment shall have no bearing on its construction. All references in this Amendment to the Memorandum shall refer to the Memorandum, as amended by this Amendment, unless the context indicates otherwise. In the event of any irreconcilable conflict or ambiguity between the terms of the Memorandum and this Amendment,the terms of this Amendment shall control. SIGNATURES TO FOLLOW • • I ? 1 IN WITNESS WHEREOF,the parties have caused this Amendment to be executed by their duly authorized officers as of the day and year first above written. Signed,sealed and delivered in the presence of: SELLER: GLEN P)-(DUNNDA - ) 4..t&, l_A;'t'.-t Ll, L, By: ..t...-et....,_ ."' Print Name: Co r- 1ci. L�.S rr1 t Name: G )€ . : de. I r, , t - Print Name: r t i L K Ai tci -.r 50vN. DONALD L.DUNN,as spouse of Glenda i Y Dunn . -L'a ry(-4 e S L 4-4..+ By: ,.�,� -' •- is-,,�. Print Name: L i.r-i a [ c.1-�,S~t-4,-€,-,,.t f Name: a?, r.1,a L.p .. P- r)l4 Print Name: b co i c_t< tk act e r.54. t\ . STATE OF FLORIDA ) COUNTY OF C\(k;`�.� ) J The foregoing instrument was acknowledged before me this 1 011 day of CC Ac j1 t 1 , 2013, by Glenda Dunn, who is personally-..JcnAawn to _me or who produced as identification. [Official Notarial Seal] l A 0,, -Ai, ,74_,t.._4(7.``tNo Public 1').\t k`r1[,t 1.,w-Y Mid , .0 ,4,, Notary Public State of Florida= (Print orname Diana Lunsford type 0 f My Commission DD9e9938 Commission No.: (-1 6'R ?or po Expfrea 05/09/2014 My Commission Expires: CY)/Cn / a(s'J Iy STATE OF FLORIDA ) ' COUNTY OF -,-a 1 y uc ) The foregoing instrument was acknowledged before me this \ day ofc Ackv.i , 201 -j, by Donald L. Dunn, who is penally_ _knawn_ o me or who produced as identification. [Official Notarial Seal] _A J� C, '' 'No Public 1C, ^c >; < < Ly\ 3CZ (Print or type name) ) :for NI, Notary Public State of Florida Commission No.: l ]�t ] 3(11 3 c ' Miana y Commission 00989938 My Commission Expires: f- t ?or nod Expires 05/09/2014 : 3 f C 1 / {L`/ : BUYER: Signed,Sealed and Delivered in the Presence of: CITY OF OCOEE,FLORIDA By: Print Name: S.Scott Vandergrift,Mayor Print Name: ATTEST: Beth Eikenberry,City Clerk (SEAL) ' FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON ,20 LEGALITY this day of UNDER AGENDA ITEM NO. ,20_ SHUFFIELD LOWMAN , By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY,personally known to me to be the Mayor and City Clerk,respectively,of the CITY OF OCOEE and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of ,20 Signature of Notary • Name of Notary(Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): Exhibit"A"(to Amendment to Memorandum of ROFR) Legal Description of the Property LOTS 9 AND 10,BLOCK H, MARION PARK,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L,AT PAGE 48 OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA ADDENDUM"A" ADDENDUM TO CONTRACT THIS ADDENDUM TO CONTRACT forms a part of that certain Contract for Sale and Purchase (the "Contract") dated , 2013 by and between Glenda Faye Hopkins, a.k.a. Glenda Dunn, whose address is 33 E. Oakland Avenue, Ocoee, Florida 34761 ("Seller") and the CITY OF OCOEE, Florida a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 32761 ("Buyer") for the purchase and sale of certain real property described in the Contract(the"Property"). 1. Confirmation. Except as specifically modified by this Addendum,the Contract remains unmodified and in full force and effect and is hereby ratified and reaffirmed by the parties. In the event of a conflict between this Addendum and the Contract, the terms of this Addendum shall control. 2. Purchase by Municipality. Seller acknowledges that the Buyer is a Florida municipal corporation which is authorized to purchase real property pursuant to Chapter 166, Florida Statutes and that the conveyance of the Property shall occur under the threat of condemnation. Pursuant to Section 12B-4.013(4), Florida Administrative Code, the Buyer hereby determines and gives written notice to Seller that Buyer has decided to acquire the Property and that Buyer is prepared to institute condemnation proceedings to acquire the Property in the event Seller does not agree to sell the Property to Buyer in accordance with the terms and conditions of the Contract. This paragraph is included for the purpose of documenting that the conveyance of the Property is to be made by Seller to Buyer under threat of condemnation and that the conveyance is not subject to the Florida documentary stamp tax. 3. Real Property Taxes. 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. Notwithstanding the foregoing, if the Closing occurs between November 1 and December 31, then Seller shall pay all ad valorem taxes for the entire year of the Closing. 4. Default. In the event of a default by either party hereunder it is agreed that the exclusive remedies for such default shall be for the non-defaulting party to either: (1) terminate the Contract whereupon the parties hereto shall thereafter be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the termination of the Contract, or (2) seek and obtain specific performance of the Contract. IT IS SPECIFICALLY j F AGREED BETWEEN THE PARTIES THAT NEITHER PARTY WILL HAVE A CLAIM FOR • DAMAGES AGAINST THE OTHER PARTY IN THE EVENT OF A DEFAULT BY THE 'OTHER PARTY. Prior to either party declaring the other party in default hereunder,it is agreed that the non-defaulting party shall give written notice to the defaulting party setting forth with specificity the alleged default and the defaulting party shall thereafter have twenty (20) days to cure any such default; provided, however, that no notice shall be required to declare a default based upon the failure to close on the Closing Date. Notwithstanding anything contained in the Contract to the contrary, the City's indemnification obligations, if any, shall be limited to those provided by law. 5. Negotiated Price to be Without Prejudice. The purchase price for the Property specified in the Contract was negotiated by the parties on the basis of a total price for the Property and shall be without prejudice to any party, and inadmissible in any court proceedings which might hereinafter be brought if the City for any reason does not acquire the Property pursuant to the terms herein contained. The provisions of this paragraph shall survive the termination of the Contract. 6. Non-Waiver of Sovereign Immunity. Nothing contained in the Contract or in any instruments executed pursuant to the terms of the is Agreement shall be construed as a waiver or attempted waiver by the Buyer of its sovereign immunity under the constitution and laws of the State of Florida; provided, however, that this paragraph shall not be construed as an attempt by the Buyer to negate any partial waiver of sovereign immunity made by the Legislature under the provisions of The Tort Claims Act, Section 768.28, Florida Statutes or any future statute or Act • adopted by the Florida Legislature. 7. Disclosure of Beneficial Interest. Contemporaneous with the execution of the Contract, Seller shall deliver to the Buyer a public disclosure of its beneficial ownership which shall comply with the requirements set forth in Section 286.23,Florida Statutes. A form disclosure of beneficial interest is attached to this Addendum as Exhibit"A". The Contract constitutes a written notice from the City to Seller requesting the foregoing disclosure and informing Seller that such disclosure must be made under oath,subject to the penalties prescribed for perjury. 8. Closing Conditioned on Vacancy of Property. Notwithstanding anything contained in the Contract to the contrary, Buyer's obligation to close on the purchase of the Property is • conditioned upon Seller being able to deliver the Property to Buyer free and clear of all tenants, occupants and others with a claim to possession of the Property or any portion thereof. Buyer shall have the right to extend the closing on the purchase of the Property until it is reasonably satisfied that this condition has been met. • • IN WITNESS WHEREOF, the parties hereto have executed this Addendum to be effective as of the effective date of the Contract. ; Signed,sealed and delivered in the presence of: SELLER: Glenda Faye Hopkins,a.k.a. Glenda Dunn cj Cait1 B tAt .ct. tr �G� l (emu Print Name: u r Name: G) e M o t- I y e s J Title: Prmt Name: C r\( ---c\M le BUYER: CITY OF OCOEE,a Florida municipal corporation nt ame: fir i • S. Scott Vand rgrift i ` ; (/ (j Mayor 'nt Name: ,.lElITi :1INIffitt'" Attest<l )\'xX Jstk. l i` (1 ti� v Beth Eikenberry City Clerk [AFFIX SEAL] Executed on: A A LL,2013 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 HELD legality this /S11 day of Q, 2013. ON t . 1 1 ,2013 UNDER AGENDA ITEM NO SHUFFIELD,LOWMAN&WILSON, . NO Al ;{ , r c." c t \M ' P.A. • By: Cit of ey Exhibit"A" DISCLOSURE OF BENEFICIAL INTERESTS IN REAL PROPERTY TO: S. Scott Vandergrift,Mayor,City of Ocoee, a Florida municipal corporation FROM: Glenda Faye Hopkins a.k.a. Glenda Dunn SUBJECT: Proposed Sale from Glenda Faye Hopkins a.k.a. Glenda Dunn to the City of Ocoee ("Buyer") of real property described in Exhibit "A" attached hereto (the "Property") Please be advised that the undersigned, after diligent search and inquiry, hereby states under oath, and subject to the penalties prescribed for perjury: (i) that the Seller is the owner of fee simple title to the Property,(ii)that the Seller's address is 33 E. Oakland Avenue,Ocoee,Florida 34761, (iii) that the undersigned has been authorized by Seller to execute this disclosure on behalf of Seller, and (iv) that the name and address of each person having a legal or beneficial interest in the Property is as follows: Name Address dc,_ L; n1 /Lt C r- k k cu c i 4 v'o I swear and affirm that the information furnished herein is accurate as of the date hereof, and I agree to promptly disclose any changes in the information contained herein, or any errors in such information between the date hereof and the date of the sale of the Property from Seller to Buyer. This disclosure is made under oath and I understand I am subject to penalties for perjury for any false information contained herein. This disclosure is made pursuant to Section.286.23, Florida Statutes, in connection with a conveyance of the Property to the Buyer. SIGNATURE AND NOTARY FOR DISCLOSURE OF BENEFICIAL INTERESTS Print Name: C I e-, dn. 1-1. c ,,i , S STATE OF 1-13 COUNTY OF COY )9( The foregoing instrument wits sworn to and subscribed before me this ( i ri'' day of_CXytti 2013,by • z'Ct � � � ��.�3 , [4 who is personally known to me.or[ ]who has produced the following type of identification: jkO - 7 � Notary Public-State of • Typed Name: ‘CkYY KirSct.rd My commission expires: _`or'`t Notary Public Stata of Florida • Expires Diana Lunsford T My Commission DD989936 • or 05/OB/2014 • • • Exhibit"A" Legal Description LOTS 18 AND 19,BLOCK D,MARION PARK,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L,AT PAGE 48 OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA • • • • • • • • i • •