Item 03 Land Acquisition – Downtown Master Stormwater System ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: April 2, 2018
Item #
Reviewed By:
Contact Name: Mary Solik, Esq. Department Director: A Of
Contact Number: 407-367-7868 City Manager: /4f��t
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Subject: Land Acquisition—Downtown Master Stormwater System
Background Summary:
The City needs to acquire certain property necessary for the Downtown Master Stormwater Pond Project subject
to Commission approval.
Issue:
City Staff have negotiated acquisition of property necessary for the Downtown Master Stormwater Pond Project,
subject to Commission approval.
Recommendations
Approve attached Purchase Agreement.
Attachments:
Memorandum and Purchase Agreement.
Financial Impact:
$112,200 purchase price plus closing costs.
Type of Item: (please mark with an ax")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. �'—�
: /l 7 N/A
Reviewed by () N/A
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DOTY
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Mary Doty Solik, Esq. 407-367-7868
121 S. Orange Ave., Ste. 1500 msolik@dotysoliklaw.com
Orlando, FL 32801
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Mary Doty Solik,Special CounselMA
DATE: March 13,2019
RE: City of Ocoee City Downtown Master Stormwater Pond Project: Hendrix Purchase
Agreement
Based on the current project design the City needs to acquire the following property:
Property Owner Property Interest Location of Property Appraised
Needed Value
Dorothy Hendrix Fee Simple Title 26 Franklin St. $102,000.00
The property will be used by the City for the development of the Master Stormwater Pond. Bledsoe &
Ebaugh appraised this property at the value set forth in the chart above. We sent an initial offer to
purchase this property at a price of $112,200, 10% above its appraised value, to Thomas Hendrix on
June 28, 2018. Mr. Hendrix is now deceased and his widow, Dorothy Hendrix, is now in title.
Mrs. Hendrix has now agreed to accept the offer conveyed on June 28, 2018.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
1. Approve the attached Purchase Agreement, authorizing execution thereof by the Mayor and
City Clerk, and further authorizing all necessary actions in order to proceed to closing.
MDS/kh
attachments
cc: Robert Frank
Craig Shadrix
Charles Smith
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PURCHASE AGREEMENT
This Purchase Agreement (the "Agreement") is made and entered into this
day of 2019 by and between Dorothy Ann Hendrix, whose address is 608
Jay St., Ocoee, FL 34761 (hereinafter referred to as the "Seller"), and the CITY OF
OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive,
Ocoee, Florida 34761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Seller is the owner of fee simple title to certain real property
located in Orange County, Florida, as more particularly described in Exhibit "A" (the
"Property"), and attached hereto and by this reference made a part hereof; and
WHEREAS, the City is a Florida municipal corporation which is authorized to
exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City is constructing the Downtown Master Stormwater Pond
(the "Project") and in connection therewith needs to acquire from the Seller title to the
Property for the Project; and
WHEREAS, the City has advised Seller that if the City and the Seller do not
enter into an agreement for the purchase and sale of the Property that the City intends to
use its power of eminent domain to condemn its required interest in the Property; and
WHEREAS, Seller, under threat of condemnation, has agreed to sell the Property
to the City, and the City has agreed to purchase the Property, together with any and all
improvements, structures, fixtures and appurtenances thereto on the terms and conditions
stated below.
NOW, THEREFORE, in consideration of the promises and other good and
valuable considerations exchanged between the parties hereto, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. The Purchase — The Property. Seller, under threat of condemnation,
agrees to sell and the City agrees to purchase, for the purchase price and on the terms and
conditions herein set forth, the Property, together with all tenements, hereditaments,
improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining
thereto and all of the Seller's right, title, and interest therein. The Seller shall convey to
the City marketable, fee simple title to the Property by special warranty deed free and
clear of all liens, mortgages and encumbrances, except for restrictions, reservations and
easements of record, if any. The instrument of conveyance shall transfer all of Seller's
interest in and to all improvements, fixtures, easements, trees, shrubbery, rights-of-way,
tenements and appurtenances belonging or appertaining to the Property, including
without limitation of the foregoing, all right, title and interest of Seller in and to any land
lying in the bed of any street, alley, road or avenue (before or after vacation thereof, and
whether previously abandoned or vacated or hereafter abandoned or vacated
3. Purchase Price. The Purchase Price for the Property shall be
ONE HUNDRED TWELVE THOUSAND TWO HUNDRED AND NO/100
DOLLARS ($112,200.00) (the "Purchase Price"). The parties hereto acknowledge and
agree that the Purchase Price: (a) constitutes full compensation to the Seller for the value
of the Property and the resultant damage, if any, to the remainder of the lands adjacent
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thereto owned by the Seller; (b) includes full compensation to the Seller for all trees,
shrubbery and other improvements on the Property, all of which may be removed by the
City in connection with the Project; and (c) includes compensation and reimbursement to
the Seller for all costs and expenses incurred or to be incurred incident to this Agreement
and the closing hereof, including but not limited to attorneys' fees and appraisal fees.
4. Closing Costs; Tax Proration. The City shall pay all closing costs
associated with this Agreement, including all recording fees and documentary stamp
taxes relating to or resulting from the transfer of title to the City of the Property. Real
property taxes in connection with the conveyance of the Property shall be prorated as of
the day of the acceptance of the conveyance by the City and the prorated amount shall be
paid by the Seller and shall be escrowed in accordance with the provisions of Section
196.295, Florida Statutes.
5. Not Used.
6. Closing. Closing of title for the Property shall take place at the offices of
Scott Cookson, City Attorney, Shuffield, Lowman & Wilson, P.A., 1000 Legion Place,
Suite 1700, Orlando, Florida on or before July 31, 2019. The City's legal counsel shall be
responsible for the preparation of all closing documents, at the City's expense.
7. Additional Documentation. In connection with the conveyance of the
Property the Seller shall execute such closing documents as may reasonably be required
by the City, including but not limited to a standard form no-lien affidavit, a non-foreign
certification, and a closing statement.
8. Use of Property Prior to Closing. From the date hereof through the date
of acquisition of the Property, the City through its consultants, contractors and
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employees, will be and are hereby authorized to enter upon the Property for the purposes
of having scientific investigation, surveying and the taking of soil borings in connection
with the Project. Any boring holes made by the City shall be promptly filled and packed
to the surrounding earth level by the City.
9. Further Documentation. The parties agree that at anytime following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to
confirm and/or effectuate the obligations of either party hereunder and the consummation
of the transactions contemplated hereby. The provisions of this paragraph shall survive
the closing.
10. Specific Performance. Both the City and the Seller shall have the right to
enforce the terms and conditions of this Agreement by an action for specific performance.
11. Time of Essence. Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to be
performed or satisfied by the parties hereto.
12. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings
and agreements, with respect to the subject matter hereof. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
13. Applicable Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
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14. Disclosure of Beneficial Interest. Contemporaneous with the execution
of this Agreement, Seller shall deliver to the City a public disclosure of its beneficial
ownership which shall comply with the requirements set forth in Section 286.23, Florida
Statutes. This Agreement 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.
15. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the parties hereto, their respective legal representatives, successors, heirs
and assigns.
16. Negotiated Price to be Without Prejudice. The purchase price specified
herein was negotiated by the parties on the basis of a total price for the Property and shall
be without prejudice to any party, and inadmissable in any condemnation proceedings
which might hereinafter be brought if this transaction is not closed for any reason
whatsoever.
17. Time for Acceptance. The Seller is irrevocably executing this
Agreement prior to approval by the City; provided, however, that in the event the City
does not approve and execute this Agreement on or before April 26, 2019, then the
Seller's execution hereof shall be automatically terminated and the City shall
immediately return to the Seller the executed originals hereof
18. Effective Date. The Effective Date of this Agreement shall be the date
that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written.
Signed, sealed and delivered SELLER:
in the present- of: ' c2.
ILS V D rothy Ann H Brix
1
yri dAl/X
Signed, sealed and delivered CITY:
in the presence of: CITY OF OCOEE, a Florida municipal
corporation
By:
Rusty Johnson
Mayor
Attest:
Melanie Sibbitt
City Clerk
[AFFIX SEAL]
Executed on: , 2019
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For use and reliance only by the City of APPROVED BY THE OCOEE CITY
Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING
legality this day of HELD ON
2019. 2019 UNDER AGENDA ITEM NO.
By:
Name:
City Attorney
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EXHIBIT "A"
PARCEL 103
Lot 20, Less the south 18 feet, Block 2, Town of Ocoee, according to the map or plat thereof, as
recorded in Plat Book A, Page(s) 100 and 101, of the Public Records of Orange County, Florida.
Property Address: 26 Franklin Street
Ocoee, FL 34761
Orange County Tax ID No.: 17-22-28-6144-02-202
DISCLOSURE OF BENEFICIAL INTERESTS IN REAL PROPERTY
TO: Rusty Johnson, Mayor, City of Ocoee, a Florida municipal corporation
FROM: Dorothy Ann Hendrix
SUBJECT: Proposed Sale from Dorothy Ann Hendrix ("Seller") to 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 608 Jay St., Ocoee, FL 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
g
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
A- d
othy Ann endrix
STATE OF Fl-
COUNTY OF Ora 14.8t
The foregoing instrument was sworn to and subscribed before me this 13A day of
ft\ai(Ch 2019, by Dorothy Ann Hendrix, who is personally known to me or who has
produced the following type of identification: F(_. 'D L
14)Z-V1 cblet5f7t--Th
Notary Public - State of
Typed Name:
My commission expires:
?o`►s '�yvc KAREN HAR1N
* � Commission#�GG 1ER75815
EXHIBIT "A"
PARCEL 103
Lot 20, Less the south 18 feet, Block 2, Town of Ocoee, according to the map or plat thereof, as
recorded in Plat Book A, Page(s) 100 and 101, of the Public Records of Orange County, Florida.
Property Address: 26 Franklin Street
Ocoee, FL 34761
Orange County Tax ID No.: 17-22-28-6144-02-202