2010-66 AGREEMENT REGARDING CODE ENFORCEMENT LIENS
This Agreement is entered into by and between the City of Clermont, Post Office Box 120219,
Clermont, FL 34712, hereinafter "City" and Duane M. Bortnyik, 1869 Vale Drive, Clermont, FL 34711,
hereinafter "Bortnyik" who in consideration of the following promises and obligations, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as
follows:
I. Property and Property Interest that is the subject of this transaction:
(a) Bortnyik is the prospective purchaser of the real property located at 847 Diston Avenue, Clermont;
Florida, described as CLERMONT WOODLAWN LOTS 20, 21, BLK 1, PB 8, PG 57, ORB 55'1,iPG
924, PARCEL # 1922261400001 0200, LAKE COUNTY, FLORIDA, hereinafter "the Property."
(b) There exists on the subject property code enforcement liens running in favor of the City and recorded
in the public records of Lake County, copies of the liens are attached hereto and incorporated herein as
composite Exhibit "A" and are hereinafter collectively referred to as the "CEB Liens ". j j ,
II. Bortnyik Obligations
(a) Bortnyik shall cause to be paid to City $1,000 upon closing of the purchase of the Property by
Bortnyik.
(b) Bortnyik shall cause to be deposited in escrow to be held by the Escrow agent/closing■ agent,
Merideth Nagel, P.A., $4,000, hereinafter the "Escrow Deposit ". 1 '
(c) Bortnyik shall, on or before ninety (90) days after closing take all measures necessary to bring the
Property into compliance with all applicable codes of the City and shall contact City and authorize
City to inspect the property for compliance. f '
(d) Bortnyik shall pay or cause to be paid all closing costs associated with the recording of documents
contained herein and any and all escrow agent or closing agent fees j 1�
III. City's Obligation u3Or {e.
a ttr iv 0 1 9 i
(a) City shall at closing deliver to the closing agent satisfactions of the CEB Liens(in a recordable form. Q '
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(b) City shall withhold code enforcement action related to the Property for a period of ninety (90) days; „V
from the date of the closing. f I ,
IV. Terms and Conditions Regarding Escrow Deposit
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(a) - Upon written request from City, with five (5) days notice to Bortnyik, in the event that Bortnyik has
not complied with the terms contained in' Section II above, the Escrow Agent /closing agent shall
deliver to City the Escrow Deposit. I j
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(b) Bortnyik expressly agrees and acknowledges that upon delivery of the Escrow Deposit referred to
herein, City shall be authorized, however, it shall not be required to, on it own or through' its
authorized agent of subcontractor, to enter upon the Property and demolish the existing structure
contained thereon. Bortnyik,`in express consideration of $10 as part of the funds paid to City referred
to above, agrees to hold the City harmless and waive any claims or causes of actions for damages
whether directly or indirectly related to the City exercising its rights hereunder.
(c) In the Bortnyik timely complies with all of the terms and conditions contained herein and upon
inspection of the Property by City and the issuance of an affidavit of compliance, the Escro 1 Agent
shall deliver to Bortnyik the Escrow Deposit.
(d) Nothing herein shall require the City to demolish the structure at anytime or withhold future code
enforcement action, other than as set forth in Section III (b) above. 1,
V. Miscellaneous
(a) In the event it shall be necessary for either party to the Agreement to bring suit to enforce any
provision hereof the prevailing party in any such litigation, including any appeals, shall be entitled to
recover from the other party, in addition to any damages or other relief granted as a result of (such
litigation, all costs and expenses of such litigation and all reasonable attorneys' fee as fixed by the
Court.
(b) Any notice or other communication permitted or required to be given hereunder by one party to the
other shall be in writing, shall be effective upon sending the notice by registered or certified United
States Mail, postage prepaid, return receipt requested, or by facsimile or telecopy transmission, [ with
acknowledgment of receipt upon transmission (provided that if notice is sent by facsimile or telecopy
transmission, it must also be sent by one of the other methods of delivery specified herein), to the party
entitled or required to receive the same, as follows:
TO BORTNYIK: 1869 Vale Drive
Clermont, FL 34711
TO CITY: City of Clermont
P.O. Box 120219 i
Clermont, FL 34712
Attention: City Manager
TO ESCROW AGENT: Merideth Nagel, P.A.
450 E Highway 50, Suite 4
_ Clermont, Florida 34711
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(c) This Agreement and the interpretation and enforcement of the same shall be governed by and
construed in accordance with the laws of the State of Florida and shall be binding upon, inure to, the
benefit of, and be enforceable by the parties hereto as, well as their respective heirs, personal
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representatives, successors and /or assigns. Owner and Buyer acknowledge each to the other that both
they and any respective counsel chosen by either party have reviewed this Agreement and that Ithe
normal rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this Agreement. Venue of any cause of action
arising hereunder shall be exclusively in Lake County, Florida.
(d) Owner and Buyer agree that this Agreement represents the complete and entire understanding and the
full and final Agreement for the herein described sale and purchase and no agreement's: or
representation, unless incorporated into this Agreement, shall be binding on the parties. This
Agreement may not be modified or amended nor may any covenant, agreement, condition,
requirement, provision, warranty or obligation contained herein be waived, except in writing signed by
both parties.
(e) The closing will occur on or before 30 (thirty) days after the Effective Date with Effective Date
defined as the date on which the last of the parties, execute this Agreement. In the event that the
transaction does not timely close, the agreement shall be automatically terminated with out
consequence or obligation of either party.
The parties do hereby acknowledge and agree that their signatures below constitute their acceptance of this
Agreement as a binding contract.
J.1, V" 1 1 0 _____ City of Cle • it
•
Duane M. Bortn ik
Date tO ' ;-`16' " as 1 d B
Harold S. Turville, Mayor
Date: 1 - t y aDtc
Merideth Nagel, P.A
Merideth gel, Esq.
Date: L Z j (, � /0
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MERIDETH NAGEL, PA CENTERSTATE BANK, NA 20498
ESCROW ACCOUNT Clermont, FL
450 E. Highway 50, Ste 4 63-1381/631
Clermont, FL 34711 10/27/2010
(352) 394 -7408
PAY TO THE City of Clermont 1 $ * "1,000 00
ORDER OF
One Thousand and 00/ 100 ******* ** ***** * * ** *** * *""`'`**** * * * *** `*
DOLLARS n Le
City of Clermont
VOID AFTER 90 DAYS
Closing File M10TL -136 NP ' Lien Agreement -- - --
li■0 20498" 1:06 L L 38 L Ll: 54 20 L 780 2"
ESCROW - Merldeth Nagel, PA 20498
City of Clermont 10/27/2010
1,000 00
Center State - RE Tru Lien Agreement 1,000 00