HomeMy WebLinkAboutItem #14 Purchase of Property at 31 E. Lakeview Street
AGENDA ITEM COVER SHEET
Meeting Date: January 17, 2006
Item # \~
Contact Name:
Contact Number:
Bob Zaitooni
6002
Reviewed By:
Department Director:
City Manager:
~J
~
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Background Summary:
In order to construct the future City Hall park and the Starke Lake stormwater retention pond, it is necessary to
purchase the available properties on the north side of the existing City Hall ditch. The current plan for the park/pond
entails construction of continuous sidewalks on the perimeters of the pond, cascaded falls, a lighted fountain, benches,
etc. The property at 31 E. Franklin Street is available and staff has conducted preliminary discussion with the property
owner; and has obtained a formal appraisal for the property. The purchase price is $60,000 with terms to pay (1)
$14,400 in monthly installments of $600 monthly for 24 months, and (2) a payment of $45,600 at the conclusion of the
24-month period. The property appraised at $53,000, however because of the installment terms, staff agreed to an
additional $7,000 above the appraised value.
Issue:
Should the City Commission approve the purchase of the property at 31 E. Franklin Street?
Recommendations
Staff recommends approval of the purchase of property at 31 E. Franklin Street and authorize the Mayor and
City Clerk to execute the Contract for the purchase of the property.
Attachments:
Appraisal report, preliminary pond lay-out, As-Is Contract, Addendum to "As-Is" Contract, Lead-Based Paint
Disclosure.
Financial Impact:
The funding for purchase of this property is provided from the Parks Impact Fees.
Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
IZI Commission Approval
D Discussion & Direction
For Clerk's Deaf Use:
D Consent Agenda
D Public Hearing
IZI Regular Agenda
~ Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
Commissioners
!::~ary HoodL.I2iBtricU
Scott Anderson, District 2
Rustv Johnson, District 3
Nancv J. Parker, District 4
J\J~lY.QI
S. ScottY_~ndergIift.
City Manager
Robert Frank
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Robert Zaitooni, Director of Public Works
DATE:
January 6, 2006
RE:
Purchase of Property at 31 E. Franklin Street (33 Lakeview Street)
ISSUE
Should the City Commission approve the purchase of the property at 31 E. Franklin Street?
BACKGROUND/DISCUSSION
In order to construct the future City Hall park and the Starke Lake stormwater retention pond, it is necessary to
purchase the available properties on the north side of the existing City Hall ditch. The current plan for the
park/pond entails construction of continuous sidewalks on the perimeters of the pond, cascaded falls, a lighted
fountain, benches, etc. The property at 31 E. Franklin Street is available and staff has conducted preliminary
discussion with the property owner; and has obtained a fonnal appraisal for the property. The purchase price is
$60,000 with terms to pay (1) $14,400 in monthly installments of$600 monthly for 24 months, and (2) a
payment of $45,600 at the conclusion of the 24-month period. The property appraised at $53,000, however
because of the installment terms, staff agreed to an additional $7,000 above the appraised value.
The purchase contract documents are provided with this staff report for execution by the Mayor and City Clerk.
The funding for purchase of this property is provided from the Parks Impact Fees.
RECOMMENDATION
Staff respectfully recommends approval of the purchase of the property at 31 E. Franklin Street and authorize
the Mayor and City Clerk to execute the contract for the purchase of the property.
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THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
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"As Is"
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PARTIES: FLORA JAMES LIFE ESTATE ('Seller"),
and CITY OF OCOEE. a Florida municipal corporation ("Buyer"),
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION:
(a) Legal description of the Real Property located in Oranl!e County, Florida: The South Yz of Lot 3. Block Bin
Lakeridl!e Subdivision in the City of Ocoee. Florida accordinl! to the Plat thereof recorded in Plat Book F. Pal!e 123. Public Records
of Oranl!e County. Florida (Parcel No. 28-22-28-4725-02-031)
(b) Street address, city, zip, of the Property: 31 Franklin Street. Ocoee. FL 34761-2238
(c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fanes), light fixture(s), and window treatment(s) unless
specifically excluded below.
Other items included are: None
Items of Personal Property (and leased items, if any) excluded are: NONE
$
60.000.00
II. PURCHASE PRICE (U.S. currency): .........................,....................,.. ....... ......... ................................,.............
PAYMENT:
(a) Deposit held in escrow by (Escrow Agent) in the amount of (checks subject to clearance):.
(b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date
(see Paragraph III) in the amount of ...,......................,.,.......................,...............................................................
(c) Financing (see Paragraph IV) in the amount of.............................................................................................
(d) Other.............................................................................................,........................... ................................,....
(e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
to adjustments or prorations.. ...... ..... ........................... ..... ....... ......... ..... ....... ............. ..... ............ ..... .............. .......
Ill. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
(a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on
or before January 19. 2006 the deposit(s) will, at Buyer's option, be returned and this
offer withdrawn. UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2
DAYS FROM THE DATE THE COUNTEROFFER IS DELIVERED.
(b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for
acceptance of this offer or, if applicable, the final counteroffer.
IV. FINANCING:
181 (a) This is a cash transaction with no contingencies for financing;
D (b) This Contract is contingent on Buyer obtaining approval ofa loan ("Loan Approval") within _days (if blank, then 30 days) after
Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): D a fixed; D an adjustable; or D a fixed or adjustable rate loan, in
the principal amount of $ , at an initial interest rate not to exceed %, discount and origination fees not to exceed
% of principal amount, and for a term of years. Buyer will make application within _ days (if blank, then 5 days)
after Effective Date. Buyer shall use reasonable diligence to; obtain Loan Approval and notify Seller in writing of Loan Approval by Loan
Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condition related to
the sale of other property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. If Buyer
does not deliver written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or waived this financing
contingency, then either party may cancel this Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven
(7) days prior to Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this
financing contingency, if Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer
shall be refunded the deposit(s). Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by
Closing, of those conditions of Loan Approval related to the Property;
D (c) Assumption of existing mortgage (see rider for terms); or
D (d) Purchase money note and mortgage to Seller (see "AS IS" Standards Band K and riders; addenda; or special clauses for terms).
V. TITLE EVIDENCE: At least ~ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of
instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see "AS IS"
Standard A for terms) shall be obtained by:
(CHECK ONLY ONE): D (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
181 (2) Buyer at Buyer's expense
(CHECK HERE): D If an abstract of title is to be furnished instead of title insurance, and attach rider for terms.
~ CLOSING DATE: This transaction shall be closed and the closing documents delivered on the thirtieth 30th) dav after the Effective Date
("Closing"), unless modified by other provisions of this Contract. IfQII:,er is IIllallle t8 81ltaill IIRZlifa, 'Nilla, F188a, 8r II8me€r:.'Il0FB' illSIIFaftee at a
Feas81lalll8 Fato aile t8 BJltreme '(:eatHer e8llaitiilllB, Qu:,'er ma:,' aBla:, Cl0Sillg tor 1I11 to ) llaj's aRBr SIIBH Be':BFagBllBBemB8 a':ailallIB.
VII. RESTRICTIONS; EASEMENTS; LIMIT A TIONS: Seller shall convey marketable 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; unplatted public utility easements of record
(located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in
width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money 1/10/06
FAR/BAR ASIS-l Rev. 7/04 @2004 Florida Association ofREALTORS@ and The Florida Bar All Rights Reserved Page 1 of5
ORLA 399228.1
$
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
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 retention pond purpose(s).
VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended
to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard
F. If occupancy is to be delivered before Closing, 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 have accepted Property in its existing condition as of time of taking occupancy.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all
printed provisions of this Contract in conflict with them.
X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer D may assign and thereby be released from any further liability under this Contract;
D may assign but not be released from liability under this Contract; or ~ may not assign this Contract.
XI. DISCLOSURES:
(a) D CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments which
continue beyond Closing and, ifso, specify, who shall pay amounts due after Closing: D Seller D Buyer D Other (see addendum)
(b) 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.
(c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
regarding mold, Buyer should contact an appropriate professional.
(d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S,
(e) Ifthe real property includes pre-1978 residential housing, then a lead-based paint rider is mandatory,
(f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
(g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE.
(h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY
TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR
SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS
OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
XII. MAXIMUM REPAIR COSTS: DELETED
XIII. HOME WARRANTY: D Seller D Buyer ~ N/A will pay for a home warranty plan issued by
at a cost not to exceed $
XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have lQ days from Effective Date ("Inspection Period") within
which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the Seller
during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage to and restoration
of the Property resulting from such inspections; and (c) if Buyer determines, in Buyer's sole discretion, that the condition of the Property is
not acceptable to Buyer, Buyer may cancel this Contract by delivering written notice of such election to Seller prior to the expiration of the
Inspection Period. If Buyer timely cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and
Seller shall be released of all further obligations under this Contract, except as provided in this Paragraph XIV. The above provision (b) shall
survive termination of this Contract.
XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this
Contract: D CONDOMINIUM D VA/FHA D HOMEOWNERS' ASSN. ~ LEAD-BASED PAINT D COASTAL CONSTRUCTION
CONTROL LINE D INSULATION D Other Comprehensive Rider Provisions ~ Addenda
Special Clause(s):
XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt ofa copy
of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIA nON OF REAL TORS@ AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions 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.
AN ASTERISK(*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
(BUYER)
CITY OF OCOEE, a Florida municipal corporation
(SELLER)
FLORA JAMES LIFE ESTATE
SEE NEXT PAGE FOR OCOEE SIGNATURE
By:
NAME/TITLE:
Social Security or Tax I.D.#
Sellers' address for purposes of notice:
(DATE)
(DATE)
Tax ID # 59-6019764
Buyers' address for purposes of notice: 150 North Lakeshore Drive
Ocoee. FL 32761
407-905-3100 Phone
Phone
Riders and Contracts can be obtained by Contacting Florida Lawyers Support Services, Inc. (407) 515-1501
FARlBARASIS-1 Rev. 7/04
ORLA_399228.1
Florida Association ofREALTORS@ and The Florida Bar
All Rights Reserved Page 2 of 5
(g 2004
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
130 BROKERS: The brokers (including cooperating brokers, if any), named below are the only brokers entitled to compensation in connection with
131 this Contract:
132 Name: None None
133 Cooperating Brokers, if any Listing Broker
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136 APPROVAL BY BUYER
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ATTEST:
CITY OF OCOEE, FLORIDA
By:
BETH EIKENBERRY, City Clerk
S. SCOTT VANDERGRIFT, Mayor
(SEAL)
Executed on:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
,2006
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2006
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
Riders and Contracts can be obtained by Contacting Florida Lawyers Support Services, Inc. (407) 515-1501
FAR/BAR ASlS-l Rev. 7/04
ORLA _399228.1
Florida Association of REALTORS" and The Florida Bar
All Rights Reserved Page 3 of 5
((;J2004
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
191
192 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
193 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue buyer, upon recording of the deed to
194 Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyers marketable title to the Real Property, subject only to matters
195 contained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be, determined according to applicable Title
196 Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to
197 examine it, and if title is found defective, notify Seller in writing specifying defect(s) which render title unmarketable, Seller shall have 30 days from receipt
198 of notice to remove the defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either:
199 (I) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the detects; or (2) requesting a
200 refund of deposit(s) paid which shall be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is.
201 Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided, If, after diligent effort, Seller is unable to timely
202 correct the defects, Buyer shall either waive the defects, or receive a refund of deposits, thereby, releasing Buyer and Seller from all further obligations
203 under this Contract. If Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so
204 that Buyer shall have up to 5 days from date ofreceipt to examine same in accordance with this "AS IS" Standard.
205 B PlJRCII' ~E 11f9NEV I1fQRTC' CEl SECUIUTY 'CREEMENT 'I'9 ~Eb1.ERI '. ptlfOHaB~ lfillRO) lfillrtgag~ aRil lfi8rtgllgO R8t~ t8 f;ol18r 8Hall
206 pr8 ,~€Io fllr a 311 €Ia~ grao~ pOR8il iR tflo 8' ORt 8f €Iofalllt if a First lfi8rtgllgo aR€I a 13" ila~ gfll80 p~fill€l if a B~OllRil llr hBB~r lfi8rtgago; 8Hall pr8 :iilo f4H figHt
207 llf pfopa~moRt iR , Hlllo 8r iR part itHllllt pORalt) i 8Hall /l~_it aoo~lorllti8R iR 0 ORt llf trllRBfor 8f tHO R oal Prllport); 8Hall nljllin all /lR8r lioRB aRil
208 01l01lmllrllRo~8 hl llo I.o/lt iR g1l8il BtaR€liRgl BHall forlliil lfiBiliFioatiaRB Bf, 8r flltllfO a€l aROOB lIRilor, pRllr lfi8rtgag8(B)1 SHall fOljllin BlI~ 8T tB lfiaiRtaiR
209 /lBlioi~s Bf iRBlIfllROO BBRtaiRiRg a BtaR€lafil lfillftgago~ olallBa oa, ORng all ilfi/lrll OlfiORtS Illoat~€1 llR tHO Roal Pfap~ft) aglliRst Fin aR€I all pORIB illBIlIiloil
210 itkin the term "ontBllaca 0~r Brage eRQ~H8gm.ent8" ana 8lieh atfigr flsl:a and IHrr=.ils tiEl [:eller ma~ nlafHnlalJ]~ Tequila, in. an fUBiHlllt €Hlual 18 their nigkest
211 iRBlIralllo alll~l aRil tflo lfiaftgago, R8t~ aRil Boollrit;, agroolfiBRt BHallllo lltHOI" is~ iR fll_ aRil OBRt~Rt rOljllirBilll:, f;olhr, llllt f;ollBr lfia~ BRI:, rBljllifO
212 elall8iJEI aRa B8 . erage BlultBmaFil~ W1UlQ ill BlBFtgagea, mortgage Botos IlJui Bootuit:, agreomBnta gellBrlll1~ utili.808 lJ~ SS.1Dgl:J ana 188ft iRotlhitiBREI af alate aT
213 RatiBRalllanhB IBoatoil iR tflB OBlIRt) HOfoiR tflB Roal Pr8/lut;, iB IBoat~€1 'll P~rsllRal PfBp~ft) aRil haBoBlloiRg OBR o)'oil ar aBBignBil ill, at ~Bll~r'B
214 B/ltilln, llo BOOjOOt ta tHO lioR llfa BOBlIfit:,' agr~olfioRt o"iil~Rooilll~ r80Bf€loil ar Filoil FiRaRoiRg BtatolfiBRtB Br oortiFioatos llftith If a llall8BR lfillrtgllgO, tfle
215 FiRal /la~moRt. ill ~;18~B€I tHO pOR8€1io pa~lfioRtB tHOrBBR
216 C. 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
217 certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on
218 setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a
219 title defect.
220 D. WOOD DESTROYING ORGANISMS: DELETED
221 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
222 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access.
223 F bE' SESI f;ollor BHall at loaBt III ila~ B llofllro Cl8aiRg, famiaH tB BlI~'or oa/lios Bf all Rtt~R 10aBos aRil oBtB/lpollott8f8 frBm ~aaH tORaRt s/laoif:, iRg tHO
224 Hahne ana duration sf the tenRNt's €HH.nipa1l3~, [(rotal rates, ad. aRces font ana B€H:nlftt~ dO}HHlitB IJaid lJ~ tenant If ~ol1gr i8 yltable to a"8tain mlOk lotter from
225 BIIOH tORant, tH~ samo iRfermatiaR sHallllo famiaHoilll:, ~allor tB BlIj or itfliR tHat tim~ /l~RBil iR tfla f8_ llf a ~olhr'B afMila'1t, aRil BlI)'or lfia~ tflof8aftor
226 oeRtast tORaRt tll 08RFi_ BlIOH iRw_atillR If tho torms llf tho 10llBOB iliff~r mat~Rall:,' wllm ~ oll~r's nljlfBSaRtlltiBRa, BlI) Br mll~ to_iRata tHia CBRtfliBt ll~'
227 iloli, oriRg "ritt~R Rlltioo tB ~ollor at haBt 5 ilaj a /lfillr tB ClBBing ~ollor BHall, at CIBBiRg, iloli ~r aRil aSBign all 8figiRalloaB~s ta llll~ or
228 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
229 statement, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for
230 90 days immediately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers
231 of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Sellers lien affidavit setting forth the
232 names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could
233 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.
234 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
235 ("Closing Agent") designated by the party paying for title insurance, or, ifno title insurance, designated by Seller.
236 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
237 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
238 this Contract.
239 J C1.QSIN{: I}QCrM.Ell'TT~1 ~allor BHall fumiBH tH~ ilOB€I, llill Bf Bala, oORiFioato llf titla, 08RstmotiBR lioR afMila it, B, 'Ror's pB8soasi8R afJiiila 1t,
240 RS8iglUftBRtB €If 189.888, teNant and Huntgag88 BBteppel lothJFB Rlld geNae!. e iOBtnlDHfRta Qll~ BT aka]] mFfiiaft BHlrtgagB, ftUntgagB nolo, IHHnui~ agreemeNt
241 ana HR811elng atatemoRta
242 K. EXPENSES: DBOlllfiORtlll') Stlllfi/lS BR tHO ilaail aR€I rOBllf€liRg Bf oal'fBBti ,0 iR8tramoll.ta BHall ll~ paiil ll~ E ollor 'll 01l8tB Bf BlI) ~r's 181111 (, HotHor
243 OBtained from EgIler aT third }Jartj), inohuling, lHlt Rot limited 18, fhHHlmentap) attlftlP8 aDS illtsRgilJle taH aft the IHuckaBa m8Re~' mortgage Slut an~
244 ftHHtgage 888110108, mortgagee title illBUralHHJ oommitmont itk folatad [eoB, ana nJcafdillg sf }HlfOnaOo mBlle~ BlertgagiJ, flood aNd ihlRNOiftg statements
245 SHIIllll 0 /lai€lll) BlI~ aF. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title
246 examination, and closing fee (including preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence in
247 accordance with Paragraph V.
248 L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before
249 Closing. y II~ ~r BHall Ha, 0 tHO Bpti8R af tahiRg II . or ollistiRg /laliBi08 Bf inBlIfaRoo, if a8slImiMlIB, iR "mOH 0 ORt /lFOlfiillma BHallll ~ /lr8rat~il CaBH at CI BaiRg
250 8HIIlI llo inoT8asoil Br iloofoaao€l as ma:, llo rOljllif8illl~ /lfllratiBnB tB ll~ lfiailo tftrllllgH €Ia:, pRllr tll CIBBing, Br 8~Olljlanaj, if 800~/lanOj BBBlIm llofllfB
251 CIBBillg' €I alloo fORt aRil aoslIrit;. ilO/laBitB iIIllo Of8ilitoil t8 BlI) or MBOfB ilo/leaiw Holilll~ m8rtgagoB .. illllo Bnilitoiltll Eollor Taxes shall be prorated
252 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
253 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 year's
254 millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real
255 Property by January I st of year of Closing, which improvements were not in existence on January 1st at of prior year, then taxes shall be prorated based
256 upon prior year's millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property
257 Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be
258 readjusted upon receipt of current year's tax bill.
259 M. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph XI(a), certified, confirmed and ratified special assessment liens imposed by public
260 bodies as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. If the improvement has been substantially completed
Riders and Contracts can be obtained by Contacting Florida Lawyers Support Services, Inc. (407) 515-1501
F ARlBAR ASIS- I
ORLA 399228.1
Rev. 7/04
rg 2004
FTorida Association ofREALTORS@ and The Florida Bar
All Rights Reserved Page 4 of 5
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
261 as of Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last
262 estimate or assessment for the improvement by the public body.
263 N. INSPECTION AND REPAIR: DELETED
264 Q RISK QY bQSSI Ifik~ PrBll~ft) is allmllgBa IlS tin Br Bth~r @IIBlilllt;, Il8fBf~ CIBsing IIna BBSt Bfr~stBflltiBn aB~B nBt ~ll~~~a I ~% BfthB Plir~has~ PFi~~,
265 ~BSt Bf f~stBrlltiBn shllll Il~ IIn Bllliglltilln Bf ~~ll~r IIna CIBsing shllllllrll~~~a lllirsulInt tll th~ tllfRlS llf this CllRkIl~t ith rllstllfatillR ~BBt!l llBOfll oa lit
266 CIBBing If ikB BBSt llf fBstllratilln ol[o~BlIB I 5% llf ik~ PllfBhaBB PFio~, Yli~ ~r shall ~iikBr tllh~ iko PrllllOft) 118 iB, tsgoikor iik oiik~r th~ I 5% sr an:,'
267 inSUfllnOB llfBoo~as llll~ ool~ Il~ lrttlo llf slioh IllSS llr aamagB, llr fBoBi 0 a r~funa llf aOllBBit(B), thonll~ nlollsing YliS Br IIna ~Bllor frllm 1111 furthBr
268 llllliglltilln8 tlJl.aBr ikiB CllRkIlBt
269 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841,
270 F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following
271 closing procedures shall apply: (I) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2)
272 if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller
273 shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall,
274 upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the
275 Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make
276 timely demand for refund. Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by
277 virtue of warranties contained in the deed or bill of sale.
278 Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to
279 deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of
280 funds to clear shall not excuse Buyer's performance. It in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at
281 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
282 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
283 dispute- An attorney who represents a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such
284 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
285 licensed 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
286 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
287 attorney's tees 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
288 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
289 such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent.
290 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in
291 such litigation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships
292 authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's tees, costs and expenses.
293 SF' IblJRE QY PERFQWl "NeE: If Yli~ Br fails tll llBrwfftl this CllntrRBt '''iikin ik~ tim~ BllB~iti.oa, iRBlliaing llli)'RlBDt llf all aBllllSits, th~ aOllllsit(B)
294 llaill IlS' YliS Br ana aOllllBit(s) agfBoa tll IlB llaia, ma~ Ilo rBOB, ~foa ana rBtainBa Il:, ana fllr ikB aOBlllifit llf ~oll~r as agt"od tljllln li'lliiaatBa aamagBs,
295 ~llnsiaoratiBn fBr ik~ ~nBslitiBn sf tilis CBntfaot ana in full B~ttlom~nt Bf aft) olaims; '''h~f~tljlan, Y tI:, sr ana ~ollu shallllB rllliB oa Brall BllligatiBRB linaBr
296 thiB CBRtraBt; llr ~Blhf, at flBllor's lllltiBn, ma~ llflloooa in B'lliit) tB BnfBros ~~llBr's FightB tlnaBr this Cllntfllot If far aRS nR8an llikor ikan failurB llf gBllor
297 tll mahB gBllBr's tith marl[otool~ IIftor ailig~nt ~ffllft ~~ll~r fllils, R~gl~~ts or nflis~s to ll~rfllfftl ikio Cllntfa~t Ytl) ~r ma~ s~~h sll~Biti.~ ll~fftlfRllln~~ Br ~Ioot
298 tB fBo~i ~ ik~ ntliffi llfYli) or's a~llosit(s) iiklllit ik~f~ll:, IIi .lng an~ lI~tilln fllr aamagBs rBBlilting from ~~llBr's IlfBlWh
299 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in
300 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
30 I shall include plural and one gender shall include aiL Notice and delivery given by or to the attorney or broker representing any party shall be as effective as
302 if given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of this
303 Contract and any signatures hereon shall be considered for all purposes as an originaL
304 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's
305 deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property
306 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
307 herein.
308 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No
309 modification to or change in this Contract shall be valid or binding upon the parties unless in writing anel executed by the parties intended to be bound by it
310 W. SELLER DISCLOSURE: (I) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by
3 II Buyer or which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or
312 implied, as to the physical condition or history of the Property; and (3) Seller has received no written or verbal notice from any governmental entity or
313 agency as to a currently uncorrected building, environmental or safety code violation.
314 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the
315 Property, including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear excepted. Seller shall,
316 upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to
317 confirm that all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller
318 will assign all assignable repair and treatment contracts and warranties to Buyer at Closing.
319 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the
320 Property under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to effectuate the
321 Exchange, including the execution of documents; provided (I) the cooperating party shall incur no liability or expense related to the Exchange and (2) the
322 Closing shall not be contingent upon, nor extended or delayed by, such Exchange.
323 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
324 in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the Buyer or
325 anyone claiming by, through, under of against the Buyer.
Riders and Contracts can be obtained by Contacting Florida Lawyers Support Services, Inc. (407) 515.1501
FAR/BAR ASIS-l Rev. 7/04
ORLA_399228.l
(Q 2004
Florida Association ofREALTORS@ and The Florida Bar
All Rights Reserved Page 5 of 5
ADDENDUM TO "AS-IS" CONTRACT FOR SALE AND PURCHASE
by and between
FLORA JAMES LIFE ESTATE ("Seller")
and
CITY OF OCOEE, a Florida municipal corporation ("Buyer")
Dated
,2006
THIS ADDENDUM is intended by the parties to supplement the attached Contract, and
all the terms, conditions, and provisions of the Contract not specifically modified herein shall in
all respects govern and control. The Contract is hereby amended as follows:
1. Title and Survey Matters. Seller represents to the Buyer that it is authorized to
sign this Contract on behalf of all persons having any interest in the Property. Notwithstanding
any provision contained in the Contract to the contrary, the Seller shall be obligated at Closing to
convey unencumbered fee simple title to the Property free and clear of any life estate such that
the Buyer may proceed with the demolition of the structures located on the Property. In the event
the Seller raises any objections with respect to title or survey matters and Seller is unable to cure
such objections within the time periods set forth in AS IS Standards A and C, then Seller, at its
option, may elect to extend for up to 120 days the time for Seller to cure such title and survey
matters.
2. Environmental Investi2ation Period. Buyer and Buyer's engineers, and other
agents shall have a period of thirty (30) days from the Effective Date (the "Environmental
Investigation Period") within which to undertake such environmental investigations and inquiries
concerning the Property as may be necessary for Buyer.
For purposes of undertaking such investigation of the Property, Seller hereby
grants to Buyer and its agents full right of entry upon the Property during the Environmental
Investigation Period and prior to the Closing (unless this Contract is terminated in which case
such right of access shall terminate upon termination of the Contract). Buyer agrees that if it
shall cause any physical damage to the Property occasioned as a result of any soil borings or
similar physical tests or examinations, such damage shall be repaired and the Property returned
to its original condition in the event Buyer does not close on the purchase ofthe Property.
In the event Buyer is not satisfied with the results of its investigation, Buyer may,
at Buyer's sole discretion, elect to terminate this Contract by furnishing written notice thereof to
Seller prior to the expiration of the Environmental Investigation Period and in such event all
rights and obligations of the parties hereunder shall thereafter cease and terminate.
1/10/06
ORLA_399173.1
3. Condition of Real Estate. THE BUYER ACKNOWLEDGES AND AGREES
THAT EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE CONTRACT THE
PROPERTY AND THE IMPROVEMENTS LOCATED THEREON ARE TO BE
PURCHASED BY BUYER AS IS AND WHERE IS WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER BEING MADE
BY SELLER.
4. Convevance Under Threat of Condemnation. Pursuant to Section l2B-
4.013(4), Florida Administrative Code, 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 this 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.
5. Promissory Note. At Closing, Buyer shall execute an unsecured promissory note
(the "Note") in the amount of the purchase price, less the first payment, for a total of FIFTY
NINE THOUSAND FOUR HUNDRED AND NO/lOO DOLLARS ($59,400.00). The terms of
the Note shall be as follows:
A. Payment Terms. The purchase price shall be payable to the Seller as follows:
1. Twenty- four (24) consecutive monthly installments of SIX
HUNDRED AND NOll 00 DOLLARS ($600.00) commencing on
the Closing Date and payable on the 15th day of each month
thereafter, for a total of FOURTEEN THOUSAND FOUR
HUNDRED AND NO/lOO DOLLARS ($14,400.00).
11. At the end of twenty-four (24) months, the remaining balance of
the Note shall balloon and Buyer shall make one final payment of
FORTY FIVE THOUSAND SIX HUNDRED AND NOll 00
DOLLARS ($45,600.00).
B. Interest. The Note shall bear an interest of zero percent (0%).
C. Pre-payment. Pre-payment by the Buyer of the amount due and payable shall
be prohibited.
6. Expenses and Closin2 Documents. Buyer shall be responsible for the costs of
any title insurance, survey, recording of the deed and Buyer's legal expenses. Seller shall be
responsible for Seller's legal expenses. 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. Buyer's counsel shall prepare all closing
documents.
2
ORLA_399173.1
7. Brokers. Each party represents and warrants to the other that it has not used the
services of any real estate agent, broker or finder with respect to the transactions contemplated
hereby. Each party agrees to indemnify and hold harmless the other, to the extent permitted by
law, against and from any inaccuracy in such party's representation under this Paragraph. This
indemnification shall survive the delivery of the deed and shall not merge therein.
8. Specific Performance. Both Buyer and the Seller shall have the right to enforce
the terms and conditions of this Contract by an action for specific performance as their sole
remedy hereunder and neither party may assert any claim for any damages or pursue any other
remedy against the other party.
9. 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 transactions
contemplated hereby.
10. Surviving: Clauses. The provisions of this Addendum shall survive the Closing
pursuant to the Contract. Except as set forth in the preceding sentence or as otherwise expressly
set forth in the Contract, no other provision of the Contract shall survive the Closing of this
transaction or any termination hereof by either party as a matter of right.
11. Counterparts: Facsimile Copies. The Contract and any amendments hereto may
be executed in any number of counterparts, each of which shall be deemed to be an original
instrument, but all such counterparts together shall constitute one and the same instrument.
Facsimile copies of the Contract and any amendments hereto and any signatures thereon shall be
considered for all purposes as originals.
12. Addendum Controls. This Addendum is being executed by Seller and Buyer
contemporaneous with the Contract, is hereby made a part of the Contract, and controls in the
event of any conflict with the printed text of the Contract.
Signatures to Follow
3
ORLA_399173.1
IN WITNESS WHEREOF the parties hereto have executed this Addendum as of the
date set forth below, intending to be legally bound.
SELLER:
FLORA JAMES LIFE ESTATE
By:
N arne/Title:
Executed on:
,2006
BUYER:
ATTEST:
CITY OF OCOEE, FLORIDA
By:
BETH EIKENBERRY, City Clerk
S. SCOTT VANDERGRIFT, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,2006
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2006
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_399173.1
1/10/06
THIS FORM HAS BEEN APPROVED BY THE FL.ORIDA ASSOCIATION OF REALTORS<<' AND THE FLORIDA B.AR
II
s.i:jIt"ICt:~I"(;
Comprehensive Rider to the FAR/BAR Contract for Sale and Purchase
FLORIDA ASSOClgl~N OF REAITorifi'
If initialed by all parties, the clauses below will be incorporated into the F AR/BAR Contract for Sale and Purchase between
FLORA JAMES LIFE ESTATE (Seller)
and CITY OF OCOEE. FLORIDA (Buyer)
concerning the Property described as 31 Franklin Street. Ocoee. Florida 34761-2238
LEAD-BASED PAINT DISCLOSURE
Buyer's initials - Seller's initials: If to be made a part of the Contract.
( )( )--( )( )
Lead-Based Paint Warnine: Statement
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified
that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead
poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The
seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards
from risk assessments or inspection in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk
assessment or inspection for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure (INITIAL)
(a) Presence oflead-based paint or lead-based paint hazards (CHECK ONE BELOW):
D Known lead-based paint or lead-based paint hazards are present in the housing.
181 Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing.
(b) Records and reports available to the Seller (CHECK ONE BELOW):
D Seller has provided the Buyer with all available records and reports pertaining to lead-based paint or lead-based paint hazards in
the housing. List documents:
181 Seller has no reports or records pertaining to lead-based paint or lead-based paint hazards in the housing.
Buyer's Acknowledgement (INITIAL)
(c) Buyer has received copies of all information listed above.
(d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
(e) Buyer has (CHECK ONE BELOW):
D Received a IO-day opportunity (or other mutually agreed upon period) to conduct a risk assessment or inspection for the presence
of lead-based paint or lead-based paint hazards; or
I8IWaived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint or lead-based paint hazards.
Licensee's Acknowledgement (INITIAL)
(f)Licensee has informed the Seller of the Seller's obligations under 42 U.S.c. 4852(d) and is aware of Licensee's
responsibility to ensure compliance.
(Remainder of Page is Intentionally Blank)
FBCR-6 Rev. 7/04 @2004 Florida Association ofREALTORS@and The Florida Bar
Page _ of Comprehensive Rider to the FAR/BAR Contract for Sale and Purchase
ORLA 399242.1
All Rights Reserved
1/10/06
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have
provided is true and accurate.
SELLER:
FLORA JAMES LIFE ESTATE
By:
Name/Title:
Executed on:
,2006
BUYER:
ATTEST:
CITY OF OCOEE, FLORIDA
By:
BETH EIKENBERRY, City Clerk
S. SCOTT VANDERGRIFT, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
,2006
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 2006
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
Any person or persons who knowingly violate the provisions of the Residential Lead-Based Paint Hazard Reduction Act of
1992 may be subject to civil and criminal penalties and potential triple damages in a private civil lawsuit.
2
ORLA 399242.1
!File No. A269.D51
FROM:
INVOICE
C. WAYNE EFURD & ASSOC. INC.. 121 WEST PLANT STREET
WINTER GARDEN, FL34787
INVOICE NUMBER
A269-05
DATE
11/15/2005
Telephone Number:
Fax Number:
REFERENCE
I"
Telephone Number:
Alternate Number:
Fax Number:
E-Mail:
Internal Order #:
Lender Case #:
Client File #:
Main File # on form: A269-05
Other File # on form:
Federal Tax 10:
Employer 10:
Lender: CITY OF OCOEE
PurchaserlBorrower: N/A
Properly Address: 31 FRAN KLI N ST.
City: OCOEE
County: ORANGE State: FL
Legal Description: LAKE RIDGE PLAT F/123 S1/2 OF LOT 3 BLK B 3174/2430
DESCRIPTION
Zip: 34761-2238
FEES
AMOUNT
APPRAISAL
325.00
SUBTOTAL 325.00
PAYMENTS AMOUNT
Check #: Date: Description:
Check #: Date: Description:
Check #: Date: Description:
SUBTOTAL
TOTAL DUE $ 325.00
Form NIV5 - "TOTAL for Windows' appraisal software by a la mode, inc. - 1.800.ALAMODE
C. WAYNE EFURD & ASSOCIATES, INC.
C. WAYNE EFURD & ASSOCIATES, INC.
!File No. A269-051
The purpose of this summary appraisal report Is to provide the lender/client with an accurate, and adequately supported, opinion of the market value of the subject property.
Prooertv Address 31 FRANKLIN ST. Citv OCOEE State FL Zio Code 34761-2238
Borrower N/ A Owner of Public Record FLORA JAMES County ORANGE
Leoal Descrtotion LAKE RIDGE PLAT F/123 S1/2 OF LOT 3 BLK B 3174/2430
Assessor's Parcel # 28-22-18-4725-02-031 TaxYear 2004 R.E. Taxes $ 598.57
Neinhborhood Name LAKE RIDGE Man Reference 28-22-18 Census Tract 0149.05
Occuoant 0 Owner 0 Tenant t8J Vacant Special Assessments $ N/A o PUD HDA $ N/A II oer vear o ner month
.. PrlJoertV Ri(Jl1ts Aooraised t8J Fee Simple o Leasehold n Other! describe)
Assinnment Tvne fl Purchase Transaction rl Refinance Transaction lX1 Dtherldescribe\ ESTATE PLANNING
Lender/Client CITY OF OCOEE Address 150 N. LAKESHORE DR. OCOEE FL. 34761
Is the subiect orooertv currentlv offered for sale or has tt been offered for sale in the twelve months orior to the effective date of this aooraisal? II Yes t8J No
Renort data source(s) used, offerlno orice(s), and daters\.
I o did o did not analyze the contract for sale for the subject purchase transaction. Explain the resuils of the analysis of the contract for sale or why the analysis was not
pertormed.
: Contract Price $ N/A Date of Contract N/A is the nronertVseller the owner of nublic record? rl Yes n No Data Source(s)
Is there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behaif of the borrower? o Yes o No
. If Yes, reoort the total dollar amount and describe the ttems to be paid. N/A
Note: Race and the racial composition of the neighborhood are not appraisallactors.
.'.'. " . Ne,iilhboi~ocjd Characteristics ,. . '."'i' One,;Unit Hollsing} . Present land Use %
Location t8J Urban il Suburban il Rural Propertv Vaiues t8J Increaslno Stable Declinino PRICE AGE One-Untt 90%
Buiil-iJ01l0ver 75% !'XI 25-75% 0 Under 25% Demand/Sunnlv r l Shortaoe x In Balance Over Supplv $ (OOm (vrs) 2-4 Untt %
: Growth r l Ranid lX1 Stable 0 Slow Marketing Time 0 Under 3 mths 3-6 mths Over 6 mths 55 Low 24 Multi-Famllv %
~ Neiohborhood Boundaries THE SUBJECT NEIGHBORHOOD IS BOUNDED BY' W. SILVER STAR RD. 166 Hioh 65 Commercial %
~ NORTH' STARKE LAKE EAST' STORY RD. SOUTH' OCOEE-APOPKA RD. WEST. 145 Pred. 46 Other 10 %
Neiohborhood Description See attached addenda.
Market Conditions Oncludino suoport for the above conclusions) See attached addenda.
Oimensions 31-82-50-82 Area 4025 +/- sa. FT. Shaoe ANGULAR View RESIDENTIAL
SDllcific Zoninn Classification R-1 Zonlnn Descrintion SINGLE FAMILY RESIDENTIAL
Zoninn Compliance t8J Lenal r l Leoal Nonconlorming (Grandfathered Use) il No Zonino lllleoal (describe)
Is the hiohest and best use of subiect orooertv as improved (or as oronosedner nlans and soecificationS\ the oresent use? t8J Yes o No if No, describe
Uti Iities Public Other (describe) Public Other (describe) Off-site Improvements - Type Public Private
Electricilv IX1 il Water t8J 0 Street ASPHALT t8J 0
Gas Il il Sanilarv Sewer r l r l SEPTIC SYSTEM AlIev NONE n fl
FEMA Snecial Flood Hazard Area o Yes R1 No FEMA Rood Zone X FEMA Mao # 12095C0210E FEMA Mao Date 12/6/2000
Are the utilities and off-site Imnrovements tvpical for the market area? t8J Yes 1T No If No, describe
Are there anv adverse sile conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)? o Yes n No i! Yes, describe
THERE WERE NO ADVERSE EASEMENTS OR ENCROACHMENTS DETECTED. NORMAL UTILITY EASEMENTS MAYBE PRESENT. SEPTIC
SYSTEMS ARE TYPICAL OF THE AREA AND DO NOT AFFECT VALUE.
-.-..--:- "" .General Description:..) ..' '.',',,',","'..:i,Foulldation --,- E)(jeriQr,pescription ' materials/condition Interior.. . materials/condition
Untts IX1 One r lOne with Accessorv Unit IIX1 Concrete Siab o Crawl Soace Foundation Walls BLOCK Floors WOODNlNYL .
# of Stories 1 o Full Basement o Partial Basement Exterior Walls FRAME Walls DRYWALL .
Tvne ""i'X'I Del. D All. r l S-Del./End Unit Basement Area NONE sn.ft. Roof Surtace COMP.SHINGLE T rim/Rnish WOOD .
.-rxf Existinn r l Pronosed il Under Consl. Basement Finish % Gutters & Downspouts NONE Bath Floor VINYLE .
Design IStvle\ RANCH l Outside EntrviExit o Sumo Pumo Window T voe ALUM. S.HNG. Bath Wainscot PAINT .
Year Built 1954 Evidence of rllnfestation NONE NOT Storm Sash/Insulated Car Storane r l None
Effective Age (Yrs) 51 o Oampness lEU Settlement Screens SCREENS t8J Drivewav # of Cars 1
Allic I.XI None Heatino r l FWA III HWBB If l Radiant Amenilies D Woodstovels) # N Drivewav Surtace ALL WEATHER
D Droo Stair D Stairs lOther I Fuel ELECT. D Flrenlacels\ # N t8J Fence CH. LINK l Garane # of Cars
l Roor D Scuttle Coolino rl Central Air Conditionin" D PatiolDeck NONE t8J Porch COV. ENT t8J Caroort # of Cars 1
o Finished D Heated t8J Individual 10 Other D Pool NONE o Other t8J Atl. o Del. o Built-in
Appliances t8J Refrigerator t8J Range/Oven t8J Dishwasher t8J Disposal o Microwave t8J Washer/Dryer D Other (describe)
Finished area above orade contains: 4 Rooms 2 Bedrooms 1 Bathls) 672 Sauare Feet of Gross Livino Area Above Grade
. Additional features (soecial enerov efficient items, etc.\. 33 sa. FT. COVERED ENTRY.
Describe the condttlon of the propertv (includino needed repairs, deterioration, renovations, remodelino, etc.\. THE SUBJECT PROPERTY APPEARS TO BE IN
POOR CONDITiON DUE TO THE FACT THAT IT HAS NOT BEEN WELL MAINTAINED AND NO UPGRADES HAVE BEEN MADE. NO
FUNCTIONAL OR EXTERNAL DEPRECIATION APPLIED. CONSTRUCTION IS TYPICAL FOR THE AREA PHYSICAL DEPRECIATION is
CALCULATED BY THE AGE-LIFE METHOD.
Are there anv physical deficiencies or adverse conditions that affect the livabilitv, soundness, or structurallnteoritv of the propertv? t8J Yes il No If Yes, describe
TARP COVERING ROOF DAMAGE DUE TO HURRICANE KITCHEN CABINETS ARE SAGGING DRYWALL DAMAGE.
Does the nronertv generallv conform to the neiohborhood (functional utilltv, sMe, condition, use, construction, etc.)? t8J Yes 0 No If No, describe
Uniform Residential Appraisal Report
File # A269-05
Freddie Mac Form 70 March 2005
Page 1 of 6
Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE
There are 0 comoarable oronerties currently offered for sale in the sublect neiohborhood ranoino in orice from $ N/A to $ N/A
There are 1 comparable sales In the subject neighborhood within the past twelve months ranging in sale price from $ 55,000 to $ N/A
FEATURE I SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3
Address 31 FRANKLIN ST. 612 ORANGE AVE. 713 CRYSTAL DR. 108 WURST RD.
OCOEE FL ^ .-. MM OCOEE OCOEE OCOEE
Proximitv to Subiect 0.76 miles 31 miles 1.06;;:;j1..-~
Sale Price $ N/A "::I$ 55 000 1$ <;<; $ 60 000
Sale Price/Gross Liv. Area $ sO.ft. $ 66.51 so.ft.I')).', $ 65.80 so.ft.I>;'>',.'" ..: $ 77.02 so.ft.l> '"
Data Source(s) ..,..... ,... INSPECTION/MLS I NSPECTION/MLS INSPECTION/MLS
Verificafion Sourcels) I.......",' PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +1-) $ Adjustment DESCRIPTION + H $ Adiustment DESCRiPTION + (-) $ Adiustment
Sales or Financing ,,,'.<,',;',;,... N/A N/A N/A
Concessions ~"..U> .... CONV. CONV. CONV.
Date of SalelTime ..."..,.......<:.;>..,..';. 05/06/2005 08/19/2005 07/29/2005
Location AVERAGE AVERAGE AVERAGE AVERAGE
'~_AAl.A''''''''AA l"'l__I_ Fee Simuild rcE FEE FEE
Uld~tHIUIUfn:ll::l oJlIJI It;
Site 4 025 +/- SQ. FT SIMILAR SIMILAR SIMILAR
View RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL
Desion(StVle\ RANCH RANCH RANCH RANCH
Qualit\lof COnstrucfion AVER/FRAME AVER/BLOCK AVER/FRAME AVER/FRAME
Actual Aoe 51 49 46 60
Condition POOR AVERAGE FAIR -2000 POOR
Above Grade Total I Bdrms.1 Baths Total I Bdrms.1 Baths Total I Bdrms.1 Baths TotalTBdrms} Baths
Room Count 4 I 2 I 1 5 I 2 I 1 5 I 3 I 1 4 I 2 I 1
Gross Livinn Area 672 sO.ft. 827 sn.1t. -4 340 851 sO.ft. -5012 779 SO.1t. -2 996
Basement & Rnlshed NONE NONE NONE NONE
Rooms Below Grade
Functional Ufilitv AVERAGE AVERAGE AVERAGE AVERAGE
HeafifWtCoolinn WALL UNIT WALL UNIT CENT/CENT WALL UNIT
Enernv Efficient Items AVERAGE AVERAGE AVERAGE AVERAGE
Garaoe/Caroort 1 C. CARPORT 1 C. CARPORT NONE +1 500 NONE +1500
Porch/PafiolDeck COV. ENTRY CO. ENT/PRCH -2000 CO. ENT/PRCH -3 200 CO. ENT/PRCH -1,700
. Rrenlac8rS1 ecl NONE NONE NONE NONE
. Fence Pool ect FENCE NONE +1000 FENCE NONE
. Net AdiustmentfTotall >; D+ ~- $ 5,340 D+ ~. $ 8712 D+ fX1. $ 3196
Adjusted Sale Price .. 'i. y~.;/!! Net 9.7 % Net 15.6 % Net 5.3 %
of Comparables Gross 13.3 % $ 49,660 Gross 20.9 % $ 47,288 Gross 10.3 % $ 56,804
IN did r did not research the sale or transfer history of the subject or ooertv and comoarabie sales. If not, exolain
Mv research l did ~ did not reveal anv orior saies or transfers of the subiect oropertv for the three vears orior to the effective date of this aporaisal.
Data Source(s COUNTY RECORDS
Mil research l did fX1 did not reveal anv orior saies or transfers of the comnarable sales for the year orior to the date of sale of the comnarable sale.
Data Sourcels COUNTY RECORDS
Reoort the results of the research and analvsis of the orior sale or transfer historv of the subiect orooertV and comoarable sales (reoort additional orior sales on oaoe 3).
ITEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3
Date of Prior SalelT ransfer NONE NONE NONE NONE
Price of Prior SalelTransfer PAST 3 YEARS PAST 3 YEARS PAST 3 YEARS PAST 3 YEARS
Data Source(sl CTY RECORDS CTY RECORDS CTY RECORDS CTY RECORDS
Effective Date of Data Source(s) 11/14/05 11/14/05 11/14/05 11/14/05
Analvsis of nrior sale or transfer history of the SUbject property and comparable sales THE SUBJECT'S CURRENT AND PRIOR SALES ARE CONSISTENT
WITH THE ABOVE SALES ANALYSIS. PRIOR SALES OF THE COMPARABLE PROPERTIES OCCURRED MORE THAN THREE YEAR AGO
UNLESS STATED.
Summary of Sales Comnarison Annroach THE SUBJECT is COMPATIBLE TO THE NEIGHBORHOOD IN STYLE AND SIZE. APPROXIMATELY
EQUAL WEIGHT WAS GIVEN TO ALL 3 SALES IN THE FINAL DETERMINATION OF ESTIMATED CURRENT MARKET VALUE. ALL 3 SALES
ARE CLOSED SALES AND ARE CONSIDERED TO BE RELIABLE INDICATORS OF VALUE. A SEARCH OF THE COUNTY RECORDS AND
MULTI-LISTING SERVICE DID NOT REVEAL THREE COMPARABLE SALES WITHIN A MILE RADIUS THEREFORE THE SEARCH WAS
EXPANDED TO THE NEAREST COMPETiNG AREAS REVEALING COMPARABLE SALES #2 AND #3. THE CONDITION OF COMPARABLE
SALE #1 WAS FAIR AT THE TIME OF PURCHASE BUT IS CURRENTLY BEING RENOVATED THEREFORE NO ADJUSTMENT WAS MADE.
Indicated Value by Sales Comparison Approach $ 52.000
Indicated Value by: Sales Comparison Approach $ 52 000 Cost Approach (if developed) $ Income Approach (if developed) $ N/A
THE COST APPROACH AND THE SALES COMPARISON APPROACH ARE CONSIDERED RELIABLE HOWEVER MOST WEIGHT IS GIVEN
. THE SALES COMPARISON APPROACH AS IT IS SUPPORTED BY THE ACTIONS OF BUYERS AND SELLERS IN THE REAL ESTATE
MARKET. THIS IS A SUMMARY APPRAISAL REPORT.
- This appraisal is made ~ "as is", D subject to complefion per plans and specifications on the basis of a hypothefical condifion that the Improvements have been
completed, D subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterafions have been completed, or D subject to the
. followlnn renuired insnecfion based on the extraordlnarv assumofion that the condition or deficiency does not renuire alteration or reoair: NO WARRANTY OF THE
APPRAISED IS GIVEN OR IMPLIED.
Based on a complete visual insp'ection of the interior and exterior areas of the subject properw; defined scope of work statement of assumptions and limiting
conditions, and appraiser's certification, my (our) opinion of the market value, as defined, of t e real property that is Ihe subject of this report is
$ 52,000 as of 11/09/2005 which is the date of insoection and the effective date of this aooralsal.
Freddie Mac Form 70 March 2005
IFile No. A269-0sl
Uniform Residential Appraisal Report
File # A269-05
Page 2 of 6
Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800.ALAMODE
IFile No. A269-0sl
. URAR : Neinhborhood - Descriotion
THERE ARE NO APPARENT ADVERSE FACTORS WHICH WOULD AFFECT THE SUBJECT'S MARKETABILITY. THE AREA APPEARS TO
BE WELL BUFFERED FROM HIGHER DENSITY RESIDENTIAL COMMERCIAL AND INDUSTRIAL USES. THE SUBJECT IS ACCESSIBLE TO
SHOPPING SCHOOLS, RECREATIONAL FACILITIES MAJOR ARTERIAL HIGHWAYS AND EMPLOYMENT. THE AREA HAS PARKS OR
OPEN SPACE AREAS AVAILABLE TO THE PUBLIC. EMPLOYMENT IS STABLE. THIS IS A COMPLETE SUMMARY APPRAISAL REPORT.
. URAR : Neinhborhood - Market Conditions
PUBLIC RECORDS AND MULTIPLE LISTING SERVICE STATISTICS SHOW THAT RESIDENTIAL REAL ESTATE VALUES IN THIS AREA HAVE
BEEN INCREASING FOR THE PAST TWO YEARS. TYPICAL MARKETING TIME FOR THE COM PARABLES IS FROM ONE MONTH TO SIX
MONTHS. NO ADJUSTMENTS FOR SALES CONCESSIONS FOR FINANCING ARE USUALLY NECESSARY HOWEVER ADJUSTMENTS ARE
APPLIED WHEN CALLED FOR. SUITABLE FINANCING IS READILY AVAILABLE FROM A VARIETY OF SOURCES.
.
.
.
.
= ;';";',.,.,.;,:1. l;U::;1 by Fannie Mae) ., -c ..'
.
Provide adeauate infarmatian far the lender/client ta reallcate the below cost fiaures and calculations.
Suoaort for the ooinlon of slle value (summarv of comparable land sales or other methods for estimatina site value)
ESTIMATEO 1'1 REPRODUCTION OR rl REPLACEMENT COST NEW OPINION OF SITE VALUE uu"_"',n""'nu, '..__n...........__........ nnnnn -$
;. Source of cost data DWELLING Sq-Ft.@$ -$
Quaiih0atinn from cost service Effective date of cost data Sq-Ft.@$ $
: Comments on Cost Approach (gross livino area calculations, depreciation, etc~ -$
. Garaoe/Carnort Sq-Ft.@$ $
Total Estimate of Cost-New h_hn $
Less Physical I Functional I External
Denreciatlan I I $(
Deoreciated Cost of Imorovements $
"As-is" Value of SlIe Improvements $
Estimated Remaining Economic Life (HUD and VA only) Years !INDICATED VALUE BY COST APPROACH. S
",;", ;>.:-:;'t};(.:;:'::"":-'-' ""INCOME APPROACH TO VALUE (not required by Fannie Mae)
,~.-: ,"..'," ,:,)",;... ..;':,.,.....'.,:'.,:; >"",;';0:.:" :.:.'....>\;-.......
. Estimated Monthlv Market Rent $ N/A X Gross Rent Multinller N/A $ Indicated Value bv income Aporoach
Summarv of Income Aooroachnncludina suooart for market rent and GRMl
;" .. . PROJECT INFORMATION FOR PUDs (if applicable)
Is the develooer/builder In cantral of the Homeawners' Assaciatian (HDm DYes rl Na Unll lvoe(s) n Detached rl Attached
Provide the fallawina infarmatian far PUDs ONLY II the develaper/builder is in cantrol of the HOA and the subiect propertv is an attached dwellina unit.
Leaal Name af Proiect
. Total number af nhases Total number of units Tatal number of units said
Tatal number of units rented Total number af units far sale Data saurce(s)
. Was the aroiect created bv the canversian of existina building(s) inta a PUD? DYes D No If Yes, date af canversian.
~ Daes the oroiect cantain anv multi-dwellina units? n Yes rl No Data Saurce
Are the units, common elements, and recreation facilities complete? DYes D Na If Na, describe the status af completion.
.
Are the common elements leased to or bv the Homeowners' Association? DYes D No If Yes, describe the rental terms and options.
Describe cammon elements and recreatianal facilities.
Uniform Residential Appraisal Report
File # A269-05
Freddie Mac Form 70 March 2005
Page 3 of 6
Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL for Windows" appraisal software by a la mode, inc. - 1-800-ALAMODE
IFile No. A269-0sl
Uniform Residential Appraisal Report
File # A269-05
This report form is designed to report an appraisal of a one-unit property or a one-unit property with an accessory unit;
including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a
manufactured home or a unit in a condominium or cooperative project.
This appraisal report is subject to the following scope of work. Intended use, intended user, definition of market value,
statement of assumptions and limiting conditions, and cerlificatlons. Modifications, additions, or deletions to the intended
use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may
expand the scope of work to include any additional research or analysis necessary based on the compiexity of this appraisal
assignment. Modifications or deietions to the certifications are also not permitted. However, additional cerlifications that do
not constitute material alterations to this appraisal reporl, such as those required by law or those related to the appraiser's
continuing education or membership In an appraisal organization, are permitted.
SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the
reporling requirements of this appraisal report form, including the following definition of market value, statement of
assumptions and limiting conditions, and cerlifications. The appraiser must; ~t ~ minimum: (1) perform a complete visual
inspection of the interior and exterior areas of the subject properly, (2) inspect the neighborhood, (3) Inspect each of the
comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources,
and (5) report his or her analysis, opinions. and conclusions in this appraisal report.
INTENDED USE: The Intended use of this appraisal report is for the lender/client to evaluate the property that is the
subject of this appraisal for a morlgage finance transaction.
INTENDED USER: The intended user of this appraisal report Is the lender/client.
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open
market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming
the price is not affected by undue stimulus. Implicit In this definition is the consummation of a sale as of a specified date and
the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both
parlies are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a
reasonable time Is allowed for exposure In the open market; (4) payment is made in terms of cash in U. S. dollars or in terms
of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale.
* Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are
necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are
readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party Institutional
lender that Is not already Involved in the property or transaction. Any adjustment should not be calculated on a mechanical
dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's
reaction to the financing or concessions based on the appraiser's jUdgment.
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's cerlification in this report is
subject to the following assumptions and limiting conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the properly being appraised or the title
to it, except for information that he or she became aware of during the research involved in pertorming this appraisal. The
appraiser assumes that the title is good and marketable and will not render any opinions about the title,
2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements.
The sketch is included only to assist the reader in visualizing the properly and understanding the appraiser's determination
of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an
identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or
implied, regarding this determination.
4. The appraiser will not give testimony or appear in courl because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand, or as otherwise required by law.
5. The appraiser has noted in this appraisal reporl any adverse conditions (such as needed repairs, depreciation, the
presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or
she became aware of during the research involved in pertorming the appraisal. Unless otherwise stated in this appraisal
report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the
property (such as. but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances
adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no' such
conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such
conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.
Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as
an environmental assessment of the property.
6. The appraiser has based ~is or her appraisal r~porl and valuation ~onclusio~ for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that the completion, repairs. or alterations of the subject properly will
be pertormed In a professional manner.
Freddie Mac Form 70 March 2005
Page 4 of 6
Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL for Windows" appraisal software by a la mode, inc. - 1-800-ALAMODE
Wile No. A269-051
Uniform Residential Appraisal Report
File # A269-05
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I have, at a minimum, developed and reporled this appraisal in accordance with the scope of work requirements stated in
this appraisal report.
2. I pertormed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition
of the improvements in factual, specific terms. I identified and reporled the physical deficiencies that could affect the
livability, soundness, or structural integrity of the property.
3. I performed this appraisal In accordance with the requirements of the Uniform Standards of Professional Appraisal
Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in
place at the time this appraisal report was prepared,
4. I developed my opinion of the market value of the real properly that is the subject of th.is report based on. the sales
comparison approach to value. I have adequate comparable market data to develop a reliable sales companson approach
for this appraisal assignment. I further cerlify that I con~irip.rp.d the cost and income apprc~Ghcs to valUG but did nut ueveiop
them, unless otherwise indicated In this report.
5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject properly, any offering for
sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject
properly for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report.
6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior
to the date of sale of the comparable sale, unless otherwise Indicated in this report.
7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject properly.
8, I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that
has been built or will be built on the land.
9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject
property and the comparable sales.
10. I verified, from a disinterested source, all information in this repOrl that was provided by parties who have a financial interest in
the sale or financing of the subject property.
11. I have knowledge and experience in appraising this type of property in this market area.
12. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing
services, tax assessment records, public land records and other such data sources for the area in which the property is located.
13. I obtained the Information, estimates, and opinions furnished by other parties and expressed in this appraisal repOrl from
reliable sources that I believe to be true and correct.
14, I have taken into consideration the factors that have an Impact on value with respect to the subject neighborhood, subject
property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I
have noted in this appraisal reporl any adverse conditions (such as, but not limited to. needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, adverse environmental conditions. etc.) observed during the inspection of the
subject properly or that I became aware of during the research involved in pertormlng this appraisal. I have considered these
adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and
marketability of the subject property.
15. I have not knowingly withheld any significant information from this appraisal report and. to the best of my knowledge, all
statements and Information in this appraisal report are true and correct.
16. I stated in this appraisal report my own personal, unbiased, and professional analysis. opinions, and conclusions, which
are subject only to the assumptions and limiting conditions in this appraisal report.
17. I have no present or prospective interest in the properly that is the subject of this repOrl, and I have no present or
prospective personal interest or bias with respect to the parliclpants in the transaction. I did not base, either partially or
completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age. marital
status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the
present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law.
18. My employment and/or compensation for pertorming this appraisal or any future or anticipated appraisals was not
conditioned on any agreement or understanding, written or otherwise, that I would reporl (or present analysis sUPPorling) a
predetermined specific value, a predetermined minimum value, a range or direction in vaiue, a value that favors the cause of
any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending
morlgage loan application).
19. I personally prepared all conclusions and opinions about the real estate that were set forlh in this appraisal report. If I
relied on significant real property appraisal assistance from any individual or individuals In the performance of this appraisal
or the preparation of this appraisal repOrl, I have named such individual(s) and disclosed the specific tasks performed in this
appraisal repOrl. I certify that any individual so named is qualified to pertorm the tasks, I have not authorized anyone to make
a change to any item in this appraisal repOrl; therefore, any change made to this appraisai Is unauthorized and I will take no
responsibility for it.
20. I identified the lender/client in this appraisal report who is the individual organization or agent for the organization that
ordered and will receive this appraisal report. "
Freddie Mac Form 70 March 2005
Page 5 of 6
Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL for Windows" appraisal software by a la mode, inc. -1.800-ALAMODE
!File No. A269-051
Uniform Residential Appraisal Report
File # A269-05
21. The lender/client may disclose or distribute this appraisai reporl to: the borrower; another lender at the request of the
borrower; the mortgagee or its successors and assigns; morlgage insurers; government sponsored enterprises; other
secondary market parliclpants; data collection or reporting services; professional appraisal organizations; any deparlment,
agency, or instnumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to
obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal
report may be disclosed or distributed to any other parly (including. but not limited to, the public through advertising, pUblic
relations, news, sales, or other media),
22. I am aware that any disclosure or distribution of this appraisal repOrl by me or the lender/client may be subject to certain
laws and regulations. Furlher, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice
that perlaln to disclosure or distribution by me.
23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, morlgage
insurers. government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part
of any mortgage finance transaction that involves anyone or more of these parties.
24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are
defined in applicable federai and/or state laws (excluding audio and video recordings), or a facsimile transmission of this
appraisal reporl containing a copy or representation of my signature, the appraisal repOrl shall be as effective, enforceable and
valid as if a paper version of this appraisal report were delivered containing my original hand written signature.
25. Any intentional or negligent misrepresentation(s) contained In this appraisal reporl may result in civil liability and/or
criminal penalties including, but not limited to, fine or Imprisonment or both under the provisions of Title 18, United States
Code, Section 1001, et seq" or similar state laws.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that
1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's
analysis, opinions, statements, conclusions, and the appraiser's certification.
2. I accept full responsibility for the contents of this appraisal report including. but not limited to, the appraiser's analysis, opinions,
statements, conclusions, and the appraiser's cerlificatlon.
3. The appraiser identified in this appraisal report Is either a sub-contractor or an employee of the supervisory appraiser (or the
appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law.
4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal
report was prepared.
5, If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are
defined in applicable federal and/or state iaws (excluding audio and video recordings), or a facsimile transmission of this
appraisal report containing a copy or representation of my signature, the appraisal repOrl shall be as effective, enforceable and
valid as If a paper version of this appraisal report were delivered containing my original hand written signature.
APPRAISER
Signature /)L.:- JL ~m..:.
Name KEVIN SHAWN ELLIS
Company Name C. WAYNE EFURD & ASSOC. INC.
Company Address 121 W. PLANT ST.
WINTER GARDEN, FL 34787
Telephone Number 407-656-1505
Email AddressRayNLait@worldnet.att.net
Date of Signature and Report 11/15/2005
Effective Date of Appraisal 11/09/2005
State Cerlification # TRAINEE APPRAISER
or State License # RI13957
or Other (describe) State #
State FL
Expiration Date of Cerllflcation or License 11/30/06
ADDRESS OF PROPERTY APPRAISED
31 FRANKLIN ST.
OCOEE, FL 34761-2238
APPRAISED VALUE OF SUBJECT PROPERTY $
LENDER/CLIENT
Name
Company Name CITY OF OCOEE
Company Address 150 N. LAKESHORE DR.
OCOEE , FL 34761
Emall Address
52,000
SUPERVISORY APPRAISER (ONLY IF REQUIRED)
Signature v~ ~ p
Name RAY N. LAIT
Company Name C. WAYNE EFURD & ASSOC. INC.
Company Address 121 w. PLANT ST.
WINTER GARDEN, FL 34787
Telephone Number 407-656-1505
Email Address
Date of Signature 11/15/2005
State Certification # ST CERT RES REA#0000859
or State License #
State FL
Expiration Date of Certification or License 11/30/2004
SUBJECT PROPERTY
~ Did not inspect subject property
D Did inspect exterior of subject property from street
Date of Inspection
D Did inspect interior and exterior of subject properly
Date of Inspection
COMPARABLE SALES
~ Did not inspect exterior of comparable sales from street
D Old inspect exterior of comparable sales from street
Date of Inspection
Fannie Mae Form 1004 March 2005
Freddie Mac Form 70 March 2005
Page 6 of 6
Form 1004 - "TOTALfor Windows" appraisal software by a la mode, inc. - 1-800-ALAMOOE
Building Sketch (Page - 1)
IFile No. A269-0sl
Borrower/Client N/A
Prooertv Address 31 FRANKLIN ST.
Citv OCOEE Counfv ORANGE Slate FL Zin Code 34761-2238
Lender CITY OF OCOEE
BEDROOM BATH BEDROOM
b
-.i
N
A." KITCHEN
LIVING ROOM
28.0'
b, cov.'
lr.i L_.~_~!~_'1j
6.6'
Sk8tch by Apex IV"
CARPORT
b
-.i
N
12.0'
Comments:
AREA CALCULATIONS SUMMARY
Code Description Net Size Net Totals
GLAl First Floor 672.0 672.0
Pip COVERED ENTRY 33.0 33.0
GAR CARPORT 288.0 288.0
Net LIVABLE Area ( Rounded) 672
LIVING AREA BREAKDOWN
Breakdown Subtotals
First Floor
24.0 x 28.0 672.0
1 Item ( Rounded) 672
Form SKIBldSkl- "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE
IFile No. A269-051
Subject Photo Page
Borrower/Client N/A
Pronertv Address 31 FRANKLIN ST.
City OCOEE County ORANGE State FL ZiD Code 34761-2238
Lender CITY OF OCOEE
Subject Front
31 FRANKLIN ST.
Sales Pnce N/ A
Gross Living Area 672
Total Rooms 4
Total Bedrooms 2
T olai Bathrooms 1
Location AVERAGE
View RESIDENTIAL
Siie 4,025 +i- SQ. FT.
Quality AVER/FRAME
Age 51
Subject Rear
Subject Street
Form PICPIx.sR - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE
IFile No. A269-0sl
Borrower/Client N/A -',
Pronertv Address 31 FRANKLIN ST.
C;;- OCOEE Counlv ORANGE State FL Zin Code 34761-2238
Lender CITY OF OCOEE
Co~par~ble Photo Page
Comparable 1
612 ORANGE AVE.
ProX. to SUbject
Sale Price
Gross Living Area
Total Rooms
T Dial Bedrooms
Total Bathrooms
Location
View
Site
Quality
Age
0.76 miles
55,000
827
5
2
1
AVERAGE
RESiDENTIAL
SIMILAR
AVER/BLOCK
49
Comparable 2
713 CRYSTAL DR.
Prox. to SUbject 1.31 miles
Sale Price 56,000
Gross Living Area 851
Total Rooms 5
Total Bedrooms 3
Total Bathrooms 1
Location AVERAGE
View RESIDENTIAL
Sne SIMILAR
Quality AVER/FRAME
Age 46
Comparable 3
108 WURST RD.
Prox. to Subject 1.06 miles
Sale Pnce 60,000
Gross Living Area 779
T alai Rooms 4
T alai Bedrooms 2
Total Bathrooms 1
Location AVERAGE
View RESIDENTIAL
Sne SIMILAR
Quality AVER/FRAME
Age 60
Fonn PICPDCCR - "TOTAL for Windows" appraisal software by a la mode, inc. -1.800-ALAMODE
!File No. A269-0sl
Comparable Sales Map
Borrower/Client N/A
Pronertv Address 31 FRANKLIN ST.
City OCOEE Countv ORANGE State FL Zio Code 34761-2238
Lender CITY OF OCOEE
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(File No. A269-051
Plat Map
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Pronertv Address 31 FRANKLIN ST.
Citv OCOEE Countv ORANGE State FL
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IFile No. A269-0sl
RAVN LAIT
STN('l: Cf,ltTWIED REsmENTIAL RI~^I, t:STATE API'RAISER YIU>(){l{l{I8.."i9
121 WEST PLAN1' STRRET
WINTER GARDEN, FLORIOA 3,1787
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I Ac#1699026
I
'I
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL :SD SEQ#L041021032H
I
11. j '. . .,,~' . ... .. .',')ioj:~IlIIl""!=l:~LICENSE NBR)......
~OL21L2004101!l.~:71750jRD859 ..... ....
I The CE.RTI FIE.D.... R.. E. S. IDE.NTIAL .APP,RA.... I.S.ER
Named below.IS CERTIFIED ... '.'
Under the provisions of Chaptisr 475FS;
1 Expiration date: NaV 30, 2006.' .
I . . . .
I
I
I
LAIT, RAY N
121 W PLAN'!' ST
WINTER GARDEN
FL 34787
Form SeA - "TOTAL for Windows" appraisal software by a la mode, inc. - 1-800-ALAMOOE
IFile No. A269-0sl
k"E'VIN SHA vm ELLIS
TRAINEE APPRAISER # RI13957
121 \VEST PLA.~T STREET
WINTER GARDEN, FL. 34787
Graduated West Orange High School.
1985 '''inter Garden, Florida
06-03-1985
Succcssfully completed the follo\\;ng apprllislIl courses:
Real Estate Education Specialists;
Satisfactory completion of 75 classroom hours
Licensed Residential Appraiser Course 1
09-15-2003
Ketcham Education Providers;
Satisfactory completion of 3 bour 11'lorida State Law Update course
11-18-2004
Ketcham Education Providers;
Satisfactory completion of7 hour Florida USPAP Update course
11-19-2004
Became Independent Contractor. for C. Wayne Efurd
& Associates, Inc.
121 'liVest Plant Street 'Vinter Gardcn, Florida. 34787
12-05-2004
Supervised by;
Ray N. Lait, State Certified Residential Appraiser #RD0000859
AC#1760654 STATE OF FLORIDA
DEPARTMENT OF BUSINESS ~~ PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD SEQ#L04112600073
: ' , : "'- LICENSE NER
11 26/2004 040474101 RI13957
The REGISTERED TRAINEE APPRAISER
Named below HAS REGISTERED
Under the provisions of Chapter 475 FS.
Expiration date: NOV 30, 2006
ELLIS, KEVIN SHAWN
230 TEMPLE GROVE DR
WiNTER GARDEN FL 34787
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
DIANE CARR
SECRETARY
Form SeA - 'TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE