2006-53 L/ a
eti(70 I S.172;
Contract for Surveying Services
I ,211
kr. 419
DATE. March 9,2006 . � �:�=a
BETWEEN:
Flonda Geodetic,LLC
737 West Montrose Street
Clermont,Florida 34711
Phone#(352)394-3000
Fax# (352)394-1305
AND
Name: City of Clermont
Address: 685 West Montrose Street,Clermont Florida,34711
(P)352-241-7335(F)352-394-2379
LEGAL DESCRIPTION:
PLAT BOOK 8,PAGE 17,LOTS 12 AND 14,CITY OF CLERMONT,LAKE COUNTY FLORIDA.
DESCRIPTION OF WORK:
BOUNDARY SURVEY OF 460 CHESTNUT STREET AND 470 CHESTNUT STREET, CLERMONT
FLORIDA,34711
The price for all services is NOT to exceed$1250.00 with a$0 retainer due at the time of signing. Any additional
services will be billed our current hourly rates. SEE SHEET 2 FOR TERMS AND CONDITIONS.
The undersigned do hereby agree to the fees,have read and agree to the teens and conditions of this contract and are
duly authorized to execute this contract.e
Client Dated
//kiefb'
arland L Zip)H. ian Dated
Project Manager
page 1 of 2
TERMS AND CONDITIONS.
1. The client binds himself personally, his partners, successors, executors, administrators and assigns to the
surveyor to this agreement in respect to all of the terms and conditions of this agreement.
2 Neither the client nor the surveyor shall assign his interest in this agreement without the written consent of the
other.
3 In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions
of this agreement shall be valid and binding on the parties hereto.
4 The surveyor is not responsible for delay nor shall surveyor be responsible for damages or be in default or
deemed to be in default by reason of lockouts, accidents or acts of God, or the failure of the client to furnish
timely information or to approve or disapprove surveyor's work promptly; or delay or faulty performance by
client, other contractors or governmental agencies, or any other delays beyond surveyor's control
5. In the event that client institutes a suit against surveyor because of any failure or alleged failure to perform,
error, omission or negligence,and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is
rendered for surveyor, client agrees to pay attorney's fees, expert witnesses'fees, and court costs and any and
all other expenses of defense which may be needful, immediately following dismissal of the case or
immediately upon judgment being rendered in behalf of the surveyor.
6. Should litigation be necessary to enforce any term of the provision of this agreement, or to collect any portion
of the amount payable under this agreement, then all litigation and collection expenses, witness fees and court
costs and attorney's fees shall be paid to the prevailing party.
7 There are no understandings or agreements except as herein expressly stated
8. All original papers and documents and copies thereof produced as a result of this contract, except documents
which are required to be filed with public agencies, shall remain the property of the surveyor and may be used
by surveyor without the consent of client
9. The terms and provisions of this agreement shall not be construed to alter, waive or affect any lien or stop
notice nghts which the surveyor may have for the performance of services under this agreement.
10 Surveyor makes no warranty, either express or implied, as to his findings, recommendations, specifications or
professional advice except that the work was performed pursuant to generally accepted standards of practice
in effect at the time of performance
11. Surveyor has a right to complete all services agreed to be rendered pursuant to this contract. In the event this
agreement is terminated before the completion of all services, unless surveyor is responsible for such early
termination, client agrees to release surveyor from all liability for work performed.
12. Each invoice shall be DUE UPON RECEIPT
13. A late payment FINANCE CHARGE of 1.5%per month, which is an annual rate of 18%shall be applied to any
unpaid balance commencing 10 days after the date of the onginal invoice.
14. In the event that any staking is destroyed by an act of God or parties other than surveyor, the cost of restaking
shall be paid by client as extra work.
15 In the event all or any portion of the work prepared or partially prepared by the surveyor is suspended,
abandoned or terminated by the client , the client shall pay the surveyor for all fees, charges and services
provided for the project up to the date of cancellation. Cancellation will become effective on the date of receipt
by the surveyor of a written notice to cancel all work.
16. In the event of litigation, client agrees to pay to surveyor interest on all past due balances at the rate of 18%
per annum.
17. In the event client fails to pay surveyor within thirty (30) days after invoices are rendered, fails to provide
adequate site access to surveyor, client agrees that surveyor shall have the nght to consider that event a total
breach of this agreement and upon written notice, the duties, obligations and responsibilities of the surveyor
under this agreement are terminated In such event, client shall then promptly pay the surveyor for all the fees,
charges and services provided by the surveyor.
18. Any alterations, revisions or changes to the legal description, scope of services or terms and conditions shall
require written approval by both the surveyor and the client Any such changes in the contract may cause
additional cost and/or time delays.
19. The surveyor agrees to provide to the client with five (5) paper copies of the final survey drawing. Each
drawing shall be signed and sealed by the surveyor according to the Minimum Technical Standards as set forth
in Florida Administrative Code 61G17-6. Additional unsealed copies of the drawings shall be $10.00 a sheet
for paper and$20 00 a sheet for vellum copies.
20. This contract is invalid if not executed within 30 days of the contract date
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• • . f-L , G 6--DD & , /c 20/06,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA
_11/1....t cr.tt/ti..trp
ASSOCIATION OF REALTORS AND THE FLORIDA BAR .›.13, col 64
CONTRACT FOR SALE AND PURCHASE ..
"Seller"
1 PARTIES: Estate of Mattie Lee Forehand c%Da I Forehand "Se er"
3 her Ci of Clermont the
3 hereby agree that y")pursuant to sell
the terms Buyer
nd conditions of thisoContract fort Sale eand Purchase and and any aridersl perty
and
4 (collectively"Property")p
5 addenda("Contract"). located in Lake County,Florida
6 I. DESCRIPTION:(a)Legal description of the Real Property
7 Lots 12 and 14 in Block 44 in the Cit of Clermont Florida , �_'
8
arAIIIII9
10 (b)Street address,city,zip,of the Property is:460 Chestnut and 470 Chestnut;Cermont.FL 32711
11 (c) Personal Property includes existing range(s), refngerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window
12 treatment(s)unless specifically excluded below
13 Other items included are none
14
15 Items of Personal Property(and leased items,if any)excluded are• none
16 150,000.00
17 II.PURCHASE PRICE(U.S.currency): . . • •• •• ••
18 PAYMENT: Agent)
19 (a)Deposit held in escrow by deBeaubien Kni ht Simmons Manrzaris 6 Neat LLP (Escrow $ 1,000.00
20 In the amount of(checks subject to clearance) •. •••••• days after Effective Date
21 (b)Additional escrow deposit to be made to Escrow Agent within Y e
22 _ (see Paragraph III)In the amount of .... .. $
23 (c)Financing(see Paragraph IV)in the amount of $
24 (d)Other:
25 (e)Balance to close by cash,wire transferor LOCALLY DRAWN cashier's or official ban $ 149,000.00
26 check(s),subject to adjustments or prorations
27 III.TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS;EFFECTIVE DATE:
28 (a)Iponris not or beforee 24 hodurs by
fter apand proval deliveredf to Counall pcarties OR the deposit(s)willlUTION l, at Buyer's option,communicated
be'returned and this
29 the parties
30 offer withdrawn.
31 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS
32 FROM THE DATE THE COUNTEROFFER IS DELIVERED.
33 (b)i The eroethe finalrcounteroffer.If s ch)will be the date when the last date is not otherwise set forth ione n this the
Contractrthen heSeller
"Effective Date"shallbe
35 this o
35 the date determined above for acceptance of this offer or,if applicable,the final counteroffer
3s IV.FINANCING:
37 X(a)This is a cash transaction with no contingencies for financing;
38 0 (b)This Contract is contingent on Buyer obtaining approval of a loan("Loan Approval")within days (if blank,then
39 30 days) after Effective Date("Loan Approval Date") for (CHECK ONLY ONE)• 0 a fixed; ❑ an adjustable;
at an initialto
interest rate not
40 or 0 a fixed or adjustable rate loan in the principal amount of$ % to
41 exceed %,discount and origination fees not to exceed
years. of
Buyer will make application within days (if blank, then 5
42 principalas) amount,rfc and Do to term Buyer yroval and notify Seller in writing of
44 Loan Appr val by LoanDte. SDate;hall use
atisfy terms anble d conditionsence to: boflthe oLoanpApproval; and close the loan. Loan
44 Approval
Approval requires Approvala shall not be deemed Loan Approval for purposes
45 Approval which a condition related to the sale of other propertyLoan
46 of this subparagraph h Buyer r paydll Laloan Aexpensesrovalorfwaived this er sfinancing er writtencontingency,tthen either party maycancel
47 Date stating Buyer has either obtained Loan App
48 this Contract by delivering written notice("Cancellation Notice")to the other,not later than seven(7)days prior to Closing.
49 Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this
so financing contingency If Buyer has used due diligence and has not obtained Loan Approval before cancellation as
51 provided above,Buyer shall be refunded the deposit(s) Unless this financing contingency l relhas been the Property,is Contract
52 shall remain subject to the satisfaction,by Closing,of those conditions of Loan App
53 0 (c)Assumption of existing mortgage(see rider for terms),or
sa ❑ (d)Purchase money note and mortgage to Seller(see Standards B and K'and riders;addenda,or special clauses for terms).
55 V.TITLE EVIDENCE:At least 5 days(if blank,then 5 days)before Closing a title insurance commitment with legible
56 copies of instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of
57 title insurance(see Standard A for terms)shall be obtained by
58 (CHECK ONLY ONE). 1 (1)Seller,at Seller's expense and delivered to Buyer or Buyer's attorney,or
59 0 (2)Buyer at Buyer's expense.
60 (CHECK HERE): 0 If an abstract of title is to be furnished instead of title insurance,and attach rider for terms
61 VI.CLOSING DATE:This transaction shall be closed and the closing ocume Unless v us by other provisions of this
ed
62 on or before 30 days after approval of City Council (Closing"), insurance at a reasonable
63 Contract If 64 extreme weather Buyer condit ons,Buyere to btain may delay Closing dfor up to 5 days after uchFlood, or 'coverage becomes available
rate due to
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