2016-46 (2) CONTRACT FOR SALE AND PURCHASE
T jIS CONTRACTFQJ2 SALE AND PURCHASE (the "Contract") is made and entered into on
ber , 2016, by and between The CITY OF CLERMONT, a Florida
municipal corporation, whose address is 685 West Montrose Street, Clermont, Florida ("Buyer")
and DANIEL SOTO, whose address is 6945 Earlwood Avenue, Mt. Dora, FL 32757 ("Seller"):
NOW THEREFORE, for and in consideration of the premises hereof, the sums of money
to be paid hereunder, the mutual covenants herein contained, and for other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
do covenant, stipulate and agree as follows,to wit:
1. Description of Property. The property that is to be sold and conveyed by Seller and
purchased and accepted by Buyer pursuant to this Contract shall consist of the following,to wit:
That certain real property situate in Lake County, Florida and
described as Clermont Lot 15, Blk 44, PB 8, Page 17, OR Book
4661, Page 715 of the Public Records of Lake County. Alt. Key
No.: 1612454, Parcel No.: 24-22-25-010004401500 (hereinafter
referred to as the"Property").
2. Agreement to Sell and Option to Purchase. Seller hereby agrees to sell and convey and
Buyer hereby agrees to accept an option to purchase and accept the Property upon the terms and
subject to the conditions set forth in this Contract. The option contained herein shall be subject
to and contingent upon the approval of the City Council of the City of Clermont of the terms and
conditions contained herein. Seller's agreement to sell shall be deemed an irrevocable offer to
sell the Property for a period of forty-five (45) days from the date of Seller's execution of this
Agreement. If the agreement is approved by the City Council of the City of Clermont and
executed by the Mayor, or her designee, on or before the expiration of forty-five (45) days from
the date of execution by the Seller, then this agreement shall be binding on the parties and the
Effective Date shall be the date of execution of the Agreement by the Mayor or her designee. If
this option agreement is not timely approved and executed as provided above, then the option
shall terminate without consequence or obligation to either party.
3. Purchase Price and Method of Payment. Subject to credits, adjustments and proration for
which provisions are hereinafter made in this Contract, the total purchase price for the Property
to be paid by Buyer and received and accepted by Seller shall be THIRTY-FIVE THOUSAND
DOLLARS ($35,000). Within five (5) days of the Effective Date, the sum of ONE
THOUSAND DOLLARS ($1,000) shall be deposited in escrow to be held by the Law Firm of
DeBeaubien, Knight, Simmons, Mantzaris & Neal, (escrow agent) subject to the terms and
conditions hereof. Upon compliance with all of the terms and conditions of this Contract, the
balance of the purchase price shall be paid by Buyer and the escrow agent to Seller in United
States funds by cash or by wire transfer at the time of closing.
4. Title. Within Ten (10) days of the Effective Date of this Contract, the Closing Agent at
Seller's expense shall deliver an original commitment for title insurance committing to issue an
Owner's policy to Buyer as purchaser of the Property in the amount of the purchase price.
(Hereinafter referred to as the "title report"). Seller shall select the Title Company and closing
agent. During the Inspection Period described in Paragraph 6 hereof, Buyer shall determine
whether Buyer is willing to accept title to and acquire the Property from Seller. In the event that
Buyer shall determine that any one or more of the title exceptions set forth in the Title Report
(the "Title Exceptions") are unacceptable to Buyer in its sole discretion, Buyer shall be entitled
to terminate this Contract by delivering written notice thereof to Seller on or before the
expiration of the Inspection Period, whereupon this Contract shall terminate as provided in
Paragraph 7 hereof. In the event Buyer shall not terminate this Contract as a result of the
investigations and inspections to be performed by Buyer pursuant to Paragraph 6 hereof, then
and in such event Buyer shall be deemed to have approved the Title Exceptions and to have
agreed to accept title to and acquire the Property from Seller subject to the Title Exceptions.
5. Survey. Buyer may have the Property surveyed at its expense during the Inspection Period. If
the survey obtained by Buyer discloses any encroachments or other adverse matters, which are
unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by
delivering written notice thereof to Seller prior to the expiration of the Inspection Period,
whereupon this Contract shall terminate as provided in Paragraph 7 hereof. In the event Buyer
shall not terminate this Contract during the Inspection Period, then and in such event Buyer shall
be deemed to have agreed to accept title to and acquire the Property from Seller subject to any
matters disclosed by the survey of the Property obtained by Buyer.
6. Investigations and Inspections of Property.
(a) Buyer and its architects, engineers and other agents shall have a period of Ninety (90) days
following the Effective Date, (hereinafter referred to as the "Inspection Period")within which
to undertake such physical inspections and other investigations of and concerning the
Property as may be necessary in order to evaluate the physical characteristics of the Property,
as well as such other matters as shall be deemed by Buyer to be necessary in order for Buyer
to evaluate the Property and determine the feasibility of Buyer's purchase of the same,
including, without limitation, those matters related to the title to the Property as provided in
Paragraph 4 hereof, and those matters disclosed by any survey of the Property obtained by
Buyer as provided in Paragraph 5 hereof. For such purpose, Seller hereby grants to Buyer
and its agents or assigns full right of entry upon the Property and any part thereof during the
Inspection Period for the purpose of undertaking such inspections and investigations. It is
expressly provided, however, that Buyer and any agent or assignee of Buyer who shall enter
upon the Property pursuant to such right of entry shall, as a condition to the exercise thereof,
be deemed to have agreed, and does hereby agree, to indemnify and save and hold Seller
harmless from and against any and all loss, damage, cost, expense, liability or responsibility
whatsoever (including, without limitation, reasonable attorneys' fees) which may be
occasioned, directly or indirectly, by reason of the exercise of such right of entry upon the
Property, and that such indemnification shall expressly survive both the termination of this
Contract and the closing of the sale and purchase of the Property contemplated by this
Contract.
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(b) Seller shall provide to Buyer, at no cost to Buyer, copies of all reports and analyses that
Seller may have obtained, or been provided, at any time, regarding the subject property
Buyer acknowledges that it will return same to Seller in the event that the transaction
contemplated by this Agreement does not timely close or the Agreement is terminated.
7. Unacceptability.of Inspections. In the event that the.results of the inspections, investigations,
reviews, feasibility studies and 'Seller approvals to which reference is made in Paragraphs 4, 5
and 6 above and 8 below, are, in Buyer's sole opinion and within Buyer's sole discretion,
unacceptable to Buyer for anyreason whatsoever, and Buyer so notifies Seller of the fact on or
before the expiration of the Inspection Period provided in Paragraph 6 hereof, then at Buyer's
option and upon Buyer's request, Buyer may terminate the Contract without consequence. If the
Contract is terminated by Buyer, it shall be rendered, null and void, and be of no further force
and effect and all parties hereto shall thereupon be relieved and absolved of any further liabilities
or obligations whatsoever to each-other hereunder, except with respect to those liabilities or
Obligations hereunder which are expressly stated to survive the termination of this Contract.
8. Conveyance of Property. At Closing, Seller shall deliver to Buyer: (i) a duly executed
Special Warranty Deed in recordable form conveying fee simple title to the Property free and
clear of all hens, encumbrances and exceptions except for matters of title accepted by Buyer set
forth in the Commitment;'(ii) an assignment from Seller to Buyer in a form acceptable to Buyer,
assigning all of Seller'sright, title and interest in all guarantees and warranties pertaining to the
Property and any permits, licenses, plans, authorizations and approvals relating to the Property,
(iii) if applicable, an affidavit.from Seller certified to Buyer and to the title company in form
required by Buyer and the title company to delete from Buyer's title insurance policy all
construction liens and possession exceptions and any other exceptions the title company will
delete based on Seller's affidavit; (iv) a certification by Seller which indicates that Seller is not a
foreign person as defined in the Internal Revenue Code; (v) written affirmation that the
representations and warranties set forth in Paragraph 13 hereof remain true at the time of closing;
(vi) a duly-executed Seller's closing statement; (vii) such documents as the title company
requires in order to evidence the .authority and good standing of Seller to complete this
transaction; and (viii) other documents reasonably required by Buyer or the title company in
order to consummate the transaction contemplated herein. At Closing,Buyer shall pay to Seller
the Purchase Price of the Property described above which shall be distributed to the Seller in
accordance with this Agreement.
9. Closing. The sale and purchase transaction contemplated in this Contract shall be closed, the
purchase price paid and the aforesaid closing documents delivered on or before thirty(30) days
from the expiration of the inspection period, unless extended by the Parties. The closing shall be
completed by a closing agent or attorney as selectedby Buyer and shall take place at a location
in Clermont, Florida and at, such time as shall be mutually agreed upon between Buyer and
Seller. At Closing, the City Manager of Buyer is authorized on behalf of Buyer to execute all
documents necessary to complete the transaction contemplated herein.
10. Closing Costs. Closing Costs shall be paid as follows:
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(a) Buyer shall pay recording fees and state documentary stamps as may be required
to be affixed to the Special Warranty Deed, the premium for the owner's title insurance
policy to be issued pursuant to the Commitment, the cost of recording any and all other
documents necessary to deliver good and clear title, and any closing agent and document
preparation fees.
(b) Buyer shall pay the cost of any survey or appraisal obtained by Buyer and any
documents or costs associated with financing any portion of the purchase price, if
applicable.
(c) Each party shall pay for their own Attorney Fees and costs.
11. Possession. Possession of the Property shall be delivered by Seller to Buyer at the time of
closing hereunder. Prior to closing and the delivery of possession as aforesaid, Seller shall
remain the owner of the Property and shall bear the risk of all loss of whatever nature, except as
provided in Paragraph 6 hereof with respect to loss occasioned as a result of Buyer's inspections
and investigations of the Property.
12. Prorations. Ad valorem real and personal property taxes for the year of closing shall be
prorated as of the date of closing. If, however, the amount of such taxes for the year of closing
cannot be ascertained, the rates, millages and assessed valuations for the previous year, with
known changes and utilizing full discounts, shall be used as an estimate, and tax prorations based
on such estimate shall be readjusted by Buyer and Seller when the actual tax bills for the year of
sale are received, which obligation shall expressly survive closing for a period of twelve (12)
months.
13. Representations and Warranties of Seller. Seller represents and warrants (which
warranties shall survive the closing hereunder)to the Buyer that:
(a) From and after the Effective Date, Seller shall not perform or permit any act or event
that might diminish, encumber or adversely and materially affect the condition of or
title to the Property or Buyer's rights under this Contract.
(b) Seller, to the best of Seller's knowledge, has not received notice from any
governmental or quasi-governmental body or agency or from any person or entity
with respect to any actual or threatened taking of the Property or any portion thereof
for any public or quasi-public purpose by the exercise of the right of condemnation or
eminent domain,nor does Seller have any knowledge of any such actual or threatened
taking. Further, Seller has not received any notice of any existing or threatened
lawsuit by which any party claims an interest in the Property.
(c) Seller,to the best of Seller's knowledge, is in full compliance with requirements of all
governmental authorities with respect to the Property and this Contract. Seller has
not received any notices from any city, county, state or other governmental authority
or other person or entity of violations in respect of the Property.
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(d) Buyer, to the best of Seller's knowledge, and without the obligation of due
investigation, has or shall have unobstructed and direct access to the Property on the
date of closing to a dedicated public right-of-way.
(e) Seller owns fee simple title to the Property and has full power, right and authority,
and is duly authorized to enter into this Contract, to perform each and all of the
matters and acts herein provided, and to execute and deliver all documents provided
hereunder.
(f) Other then has been disclosed to Buyer, there is no tenant or any other occupant of
the Property having any right or claim to possession or use of the Property.
Possession of the Property shall be delivered to Buyer by Seller free of rights or
claims of any tenants,occupants or parties in possession.
(g) To Seller's best knowledge, without the obligation of due investigation, there has not
been and there is not now: (i) any presence of any Hazardous Substances (as
hereinafter defined) on, over, under or around the Property; (ii) any present or past
generation, recycling, use, reuse, sale, storage, handling, transport and/or disposal of
any Hazardous Substances on, over, under or around the Property; (iii) any failure to
comply with any applicable local, state or federal environmental laws; (iv) any spills,
releases, discharges or disposal of Hazardous Substances that have occurred or are
presently occurring on or onto the Property or any adjacent properties; or (v) any
spills or disposal of Hazardous Substances that have occurred or are presently
occurring off the Property as a result of any construction or operation and use of the
Property. For purposes of this Paragraph 13,the term "Hazardous Substances"means
and includes, without limitation, any toxic or hazardous substances or materials,
petroleum or other pollutants and substances, whether or not naturally occurring,
including, without limitation, asbestos, radon, and methane gas, generated, treated,
stored or disposed of, or otherwise deposited in or located on or under the Property,
and also includes, without limitation, the surface and subsurface waters of the
Property, and any activity undertaken or hereafter undertaken on the Property which
would cause: (i) the Property to become a hazardous waste treatment, storage or
disposal facility within the meaning of, or otherwise bring the Property within the
ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C.
6901 et seq., or any similar state law or local ordinance; (ii) a release or threatened
release of hazardous waste from the Property within the ambit of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42
U.S.C. 9601-9657, or any similar state law or local ordinance or any other
environmental law; (iii) the discharge of pollutants or effluent into any water source
or system,or the discharge into the air of any emissions which would require a permit
under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., or the Clean
Air Act, 42 U.S.C. 7401 et seq., or any similar state law or local ordinance; or (iv)
any substances or conditions in, on or under the Property which may support a claim
or cause of action under RCRA, CERCLA or any other federal, state or local
environmental statutes, regulations, ordinances or other environmental regulatory
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requirement,including the presence of any underground storage tanks or underground
deposits located on the Property.
(h) Seller, to the best of Seller's knowledge, has received no notice, and has no
knowledge, of any, existing or pending special assessments affecting the Property
which may be assessed by any governmental authority, water or sewer authority,
drainage district or any other special taxing district or other entity.
(i) There is no litigation, investigation or proceeding pending or to the best of Seller's
knowledge threatened or any other condition which relates to or affects the Property
or which would impair or otherwise adversely affect this Contract, Seller's
performance hereunder and/or Buyer's intended use of the Property.
(j) Seller has not entered into any othercontracts, agreements or understandings, verbal
or written,for the sale or transfer of any portion of the Property.
(k) Seller has not made and has no knowledge of any commitments to any.govemmental
unit or agency, utility company, authority, school board, church or other religious
body, or to any other organization, group or individual relating to the Property which
would impose any obligations upon Buyer to make-any contributions of money or
land or to:install or maintain any improvements, except as may be set forth in the
Commitment.
(1) To the best of Seller's knowledge, without the obligation of due investigation, all
roads abutting the Property are dedicated publicroads and the deed to be delivered to
Buyer at Closing hereunder is the only.instrument necessary to convey to Buyer (i)
full access to and right to freely use such roads; and (ii)all rights appurtenant to the
Property in such roads: -
(m)To the best of Seller's knowledge, without the obligation of due investigation, the
Property has not been registered or certified as "historic"by any local, state or federal
governmental entity or historic commission.
(n) Seller, ifotherthan an individual, is a duly-organized entity under the laws of the
State of Florida and has authority to execute. this Contract, and this Contract is
binding on Seller.
(o) To the best of Seller's knowledge and belief, no representation, statementor warranty
by Seller contained in this`Contract or in any exhibit attached hereto contains or will
contain any untrue statements or omits or will omit`a material fact necessary to make
the statement of fact therein recited not misleading.
(p) To the best of Seller's knowledge, neither the execution and delivery of this Contract,
nor compliance with the terms and conditions of this Contract by Seller, nor the
consummation of the sale, constitutes or will constitute a violation or breach of any
agreement or other instrument to which it is a party,to which it is subject or by which
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it is bound. The statements and representations of Seller set forth in this Contract
shall be true and reaffirmed in writing at the Closing and shall survive the Closing.
If, after the Effective Date, any event occurs or condition exists of which Seller has
knowledge or about which Seller receives information which renders any of the representations
contained herein untrue or misleading, Seller shall promptly notify Buyer in writing and Buyer
shall thereafter have the option to terminate this Contract prior to closing, in which event all
payments made by Buyer to Seller shall remain the sole property of Seller, this Contract shall be
deemed null and void and Buyer and Seller shall be relieved from all liabilities and
responsibilities hereunder except as specifically provided otherwise herein.
14. Conditions Precedent to Closing. Buyer's obligation to close the sale and purchase
transaction contemplated in this Contract shall be and is expressly conditioned upon all
warranties of Seller described in Paragraph 13 being true and correct at the time of closing
without any breach or breaches of the same by Seller, and upon all obligations of Seller provided
in this Contract being fully performed by Seller, having occurred or being waived by Buyer in
writing prior to or at closing.
15. Default. In the event that Buyer fails to close on the purchase of the subject property, and
subject to the title, survey and inspection periods set forth in Paragraphs 4, 5 and 6, any Ernest
Money Deposit shall become the sole property of Seller. Seller's retention of the deposit shall
constitute liquidated damages and be Seller's sole remedy for any breach of this Contract by
Buyer, it being agreed that (i) the deposit is a reasonable estimate of and bears a reasonable
relationship to the damages that would be suffered and costs incurred by Seller as a result of
having withdrawn the Property from sale and the failure of closing to occur due to a default of
Buyer under this Contract; (ii) the actual damages suffered and costs incurred by Seller as a
result of such withdrawal and failure to close due to a default of Buyer under this Contract would
be extremely difficult and impractical to determine; (iii) Buyer seeks to limit its liability under
this Contract to the amount of the payments made, if this Contract is terminated and the
transaction contemplated by this Contract does not close due to a default of Buyer under this
Contract; and (iv) such amount shall be and constitute valid liquidated damages. If the Seller
fails to perform any of the covenants of this Contract on its part to be performed, Buyer may at
its option: (i)terminate this Contract whereupon the payments made by Buyer to Seller shall be
returned and Seller shall be released and relieved of all obligations or liabilities under this
Contract; or(ii)proceed in equity in an action for specific performance to enforce its rights under
this Contract.
16. Litigation and Attorneys' Fees. In the event it shall be necessary for either party to this
Contract to bring suit to enforce any provision hereof or for damages on account of any breach of
this Contract or of any warranty, covenant, condition, requirement or obligation contained
herein, the prevailing party in any such litigation, including 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 a reasonable attorneys' fee as fixed by the
Court.
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17. Survival of Provisions. The provisions of this Contract shall not survive the closing
hereunder except as expressly provided elsewhere in this Contract.
18. Time of Essence. It is expressly agreed by both the Seller and Buyer that time is of the
essence of this Contract and in the performance of all conditions, covenants, requirements,
obligations and warranties to be performed or satisfied by the parties hereto. Waiver of
performance or satisfaction of timely performance or satisfaction of any condition, covenant,
requirement, obligation or warranty by one party shall not be deemed to be a waiver of the
performance or satisfaction of any other condition, covenant, requirement, obligation or warranty
unless specifically consented to in writing. Unless otherwise expressly provided herein, all
periods for performance, approval, delivery or review and the like shall be determined on a
"calendar" day basis. If any day for performance, approval, delivery or review shall fall on a
Saturday, Sunday or legal holiday,the time therefor shall be extended to the next business day.
19. Notices. 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 receipt and shall be delivered by
registered or certified United Sates Mail, postage prepaid, return receipt requested, or by
facsimile or telecopy transmission, with acknowledgment of receipt upon transmission, to the
party entitled or required to receive the same, as follows:
TO SELLER: Daniel Soto
6945 Earlwood Ave.
Mt.Dora,FL 32757
TO BUYER: City of Clermont
P.O. Box 120219
Clermont, FL 34712
Attn.: City Manager
WITH A COPY TO: De Beaubien Knight, Simmons, Mantzaris&
Neal, LLP
332 North Magnolia Avenue
Orlando, Florida 32801
Attention: Daniel F. Mantzaris,Esquire
Phone: (407)422-2454
Fax: (407) 992-3541
20. Governing Law and Binding Effect. This Contract 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 representatives, successors and assigns.
21. Integrated Contract, Waiver and Modification. This Contract represents the complete and
entire understanding and agreement between the parties hereto with regard to all matters
involved in this transaction and supersedes any and all prior or contemporaneous agreements,
whether written or oral. No agreements or provisions, unless incorporated herein, shall be
8
binding on either party hereto. This Contract 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 or, in the event that such modification,
amendment or waiver is for the benefit of one of the parties hereto and to the detriment of the
other, then the same must be in writing signed by the party to whose detriment the modification,
amendment or waiver inures.
22. Brokerage. Seller and Buyer acknowledge neither party has employed a broker or finder and
that.no commission or fees are to be paid hereunder. Seller and Buyer each agree to indemnify,
defend and hold the other harmless from and against any commissions or fees or claims for
commissions or fees arising under the indemnifying party, which indemnification shall expressly
survive the termination of this Contract and the closing of the sale and purchase of the Property
contemplated by this Contract.
23. Effective Date. The "Effective Date" of this Contract shall be the date upon which this
Contract is signed by the Buyer after approval of the City of Clermont City Council.
24. Counterparts. This Contract may be executed in counterparts by the parties hereto and each
shall be considered an original, but all such counterparts shall be construed together and
constitute one Contract between the parties hereto.
25. Interpretation. Seller and Buyer acknowledge each to the other that both they and their
counsel have reviewed this Contract and that the normal rule of construction to the effect that
(Remainder of page intentionally blank)
9
•
any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation to this Contract or any Exhibits hereto.
IN WITNESS WHEREOF,Seller and Buyer have each caused this Contract for Sale and
Purchase to be executed as of dates set forth below.
BUYER: As to option right contained herein and
subject t ity Co 1 cil approval:
uoist+�,. P . w;; ,City Manager
.�''g lot D� 010
x 9 Date
m ;
The City of Clermont,a Florida municipal
corporation
3
-
-Attest: , By: ���. _ /�
Gail L.Ash, :yor
� -
B
Y
Tracy Ackroyd Howe,City Clerk
SELLER: ;k.lailAielAtYS
Daniel Soto
— 7 24/15
Date
As to acknowledgement of receipt of deposit
deBeaubi�: Simmons,Man:.. 's&Neal,LP
Escro, Agent
•
Daniel-ew' '
n e 2 6; r /h
Date
10
(American Land Title Association-Owner's Policy Adopted 6/17/2006)(With Florida Modifications)
OWNER'S POLICY OF TITLE INSURANCE
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement In writing required to be given to the Company under this Policy must be given
to the Company at the address shown hi Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO TILE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCIIEDULE B,
AND THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Florida corporation (the"Company")
insures,as of Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by
reason of:
1, Title being vested other than as stated in Schedule A.
2, Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(I) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,scaled,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executedundera falsified,expired,or otherwise invalid power of attorney;
(vi) adocument
ovum c ninon$prauoperly
cd by recorded,or indexed in the Public Records including failure to perform those acts by
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed
by an accurate and complete hind survey of the Land. The term "encroachment"includes encroachments of existing
improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements
located on adjoining land.
S. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building
and zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Iand;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce
but only to die extent of the violation or enforcement referred to in that notice.
(Covered Risks continued)
In Witness Whereof,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY.has caused this policy to be signed and scaled as of
Date of Policy shown in Schedule A,the policy to become valid when countersigned by an authorized signatory of the Company.
OLO REPUBUC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
d00Second Avenue South,Minneapolis,Mflnosota65401
(611J371.111I
*
* By (----.2 .11-(e97-414.4(4.7 Resident
** *
Attest b .t �,(,4 sonefary
SERIAL
OF6-8425558
FORM OF6rev.12110
(1��)(With Florida Modifications) ePolicyManeger 1 of$
Schedule A
OWNER'S POLICY
* * ** Issued by Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis,MN 55401-2499
(612)371-1111
File No.: 16-0338 Policy No.:OF6-8425558
Address Reference:
Amount of insurance:$35,000.00 Premium:$201.25
Date of Policy:December 12,2016,al 9:67am
1. Name of Insured:
The City of Clermont,a Florida municipal corporation
2. The estate or Interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
The City of Clermont,a Florida municipal corporation,per Special Warranty Deed recorded 1211212016 in O.R.Book 4874,
Page 1737,Public Records of Lake County,Florida.
4. The Land referred to In this policy is described as follows:
Lot 16,Block 44,City of Clermont,according to the map or plat thereof as recorded in Plat Book 8,Pages 17-23,Public
Records of Lake County,Florida
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stork Company
Nash Law Firm, P.A. 4(t)SecondAivnue South.Minneapolis,Minnesota 55401
P.A. Book 7644 (s12J371•t111
Seminole,FL 3377!",
Agent#3716,6:
By President
AulCorr��zed' tory
G
ORT Form 4309 FLA Attest ol SeCBlery
Schedule A for ALTA Orme(s Policy of Title Insurance 6-17-06
Schedule B
OWNER'S POLICY
File No.:16-0338 Policy No.:OF6-8425558
EXCEPTIONS FROM COVERAGE
This policy does not Insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by mason of:
1. General or special taxes and assessments required to be paid in the year 2017 and subsequent years.
2. Rights or claims of parties in possession not recorded In the Public Records.
3. Any encroachment,encumbrance,violation,variation,or adverse circumstance that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
4. Easements,or claims of easements,not recorded in the Public Records.
5. Any lien or right to a lien,for services,labor or material furnished,imposed by law and not recorded In the Public
Records.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Lands insured
hereunder,including submerged,filled and artificially exposed lands,and lands accreted to such lands.
7. All matters contained on the Plat of The City of Clermont,as recorded In Plat Book 8,Page 17,Public Records of Lake
County,Florida.
8. Rights of the lessees under unrecorded leases.
ORT Form 4309 B
Schedule B for ALTA Owners Policy of Title Ineurence 6-17-00 Page 2
(Covered Risks continued)
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risks if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8, Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any
part of the title to or any interest in the Land ocoining prior to the transaction vesting Title as shown In Schedule A because that
prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state Insolvency,or similar creditors'
rights laws;or
(h)because the inst rumen t of transfervestingTi de as shown in Schedule A consti tutes a preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(I) to be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other
instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter Insured against by this Policy,but only to
the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters arc expressly excluded from the coverage of this policy,and the Company will not pay lass or damage,costs,attorneys'
fees,or expenses that arise by reason oil
1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,
prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions,or location of any improvement erected on the Land;
(iii) the subdivision of land;or
(iv) environmental protection;
or the effect ofanyviolation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters
(a) crcatcd,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy;or
(c) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tide.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'tights laws,that the transaction
vesting the Title as shown in Schedule A,is
(a)a fraudulent conveyance or fraudulent transfer;or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
FORM OF6(rev.12/10)(With Florida Modifications) 2 of 6
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a)"Amount of Insurance": The amount stated in Schedule A,as may be increased or decreased by endorsement to this policy,increased
by Section 8(b),or decreased by Sections 10 and 11 of these Conditions.
(b)"Date of Policy": The date designated as"Date of Policy"in Schedule A.
(c)"Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity.
(d)"Insured": The insured named in Schedule A.
(I) the tern"insured"also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors,
personal representatives,or next of kin;
(B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization;
(C) successors to an insured by its conversion to another kind of Entity;
(D) a grantee of an insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) if the stock,shares,memberships,or other equity interests of the grantee arc wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named insured,provided the affiliated Entity and the named
Insured arc both whollyowned by the same person or Entity,or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the insured named in
Schedule A for estate planning purposes.
(ii) with regard to(A),(B),(C),and(D)reserving,however,all rights and defenses as to any successor that the Company
would luwe had against any predecessor Insured.
(e) "Insured Claimant"; An insured claiming loss or damage.
(f) "Knowledge"or"Known":Actual knowledge,not constructive knowledge or notice that maybe imputed to an insured by reason of
the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A,and affixed improvements that by law constitute real property. The term"Land"does
not include any property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in
abutting streets,roads,avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
(h) "Mortgage": Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means
authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d),"Public
Records"shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the
district where the Land is located.
(I) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title
or lender on the Title to be released from the obligation to purchase,lease,or lend if there is a contractual condition requiring the
delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured,but only so long as the Insured retains an estate
or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so
long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in
force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase
money Mortgage given to the Insured.
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing(i)in case of any litigation as set forth in Section 5(a)of these Conditions,(ii)in
case Knowledge shall come to an-Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might
cause loss or damage for which the Company may be liable by virtue of this policy,or(iii)if the Title,as insured,is rejected as Unmarketable
Title. If the Company is,prejudiced by the failure of the insured Claimant to provide prompt notice,the Company's liability to the Insured
Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OFLOSS
in the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of
payment that the insured Claimant fitrnish a signed proof of loss. The proof of loss must describe the defect,lien,encumbrance,or other
matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating
the amount of the loss or damage.
FORM OR(rev.12110)(With Florida Modifications) 3 of ll
•
5. DEFLNSEANI)PROSECUTION OFACTIONS
(a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost
and without unreasonable delay,shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered
by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by
this policy. The Company shall have the right to select counsel of its choice(subject to the right of the insured to object for reasonable
cause)to represent the Insured as to those stated causes of action.H shall not be liable for and will not pay the fees ofany other counsel.
The Company will not pay any fees,costs,or expenses incurred by the insured in the defense of those causes of action that allege matters
not insured against by this policy.
(b)The Company shall have the right,in addition to the options contained in Section 7 of these Conditions,at its own cost to institute and
prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as
Insured,or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this
policy,whether or not it shall be liable to the insured. The exercise of these rights shall not be an admission of liability or waiver of any
provision of this policy. if the Company exercises its rights under this subsection,it must do so diligendy.
(c)Whenever the Company brings an action or a.sserts a defense as required or permitted by this policy,the Company may pu rsue the litigation
to a final determination by a court of competent jurisdiction,and it expressly reserves the right,in its sole discretion,to appeal any
adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)in all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and
any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including
the right to use,at its option,the name of the Insured for this purpose.Whenever requested by the Company,the Insured,at the Company's
expense,shall give the Company all reasonable aid(I)in securing evidence,obtaining witnesses,prosecuting or defending the action or
proceeding,or effecting settlement,and(ii)in any other lawful act that in the opinion of the Company may be necessary or desirable
to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required
cooperation;the Company's obligations to the insured under the policy shall terminate,including any liability or obligation to defend,
prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation.
(b)The Company may reasonably require the insured Claimant to submit to examination under oath by any authorized representative of
the Company and to produce for examination,inspection,and copying,at such reasonable times and places as may be designated by
the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks,
memoranda,correspondence,reports,e-malls,disks,tapes,and videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage.Further,if requested by any authorized representative of the Company,the Insured Claimant
shall grant its permission,hi writing,for any authorized representative of the Company to examine,inspect,and copyall of these records
in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by
the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment
of the Company,it is necessary in the administration of the claim.Failure of the Insured Claimant to submit for examination under oath,
produce any reasonably requested information,or grant permission to secure reasonably necessary information from third parties as
required in this subsection,unless prohibited by law orgovcrnmcntal regulation,shall terminate any liability of the Company under this
policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY
in case of a claim under this policy,the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount of insurance.
To pay or tender payment of the Amount of insurance tinder this policy together with any costs,attorneys'fees,and expenses incurred
by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company
is obligated to pay.
Upon the exercise by the Companyof this option,all liability and obligations of the Company to the Insured under this policy,other than
to make the payment required in this subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue
anylitigation.
(b)To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i)to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy.
In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insurcd Claimant that were authorized
by the Company up to the time of payment and that the Company is obligated to pay;or
(li)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with anycosts,
attorneys'fees,and expenses incurred by the Insurcd Claimant that were authorized by the Company up to the time of ayment
and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the
Insured under this policy for the claimed loss or damage,other than the payments required to be made,shall terminate,including any
liability or obligation to defend,prosecute,or continue any litigation.
1
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by die Insured Claimant who has
suffered loss or damage by reason of matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance;or
(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured,
FORM OF6(rev.12/10)(With Florida Modifications)
4of8
(I) the Amount of insurance shall be increased by 10%,and
(ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the
Insured Claimant or as of the date it is settled and paid.
(c)In addition to the extent of liability under(a)and(b),the Company will also pay those costs,attorneys'fees,and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) if the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or
from the Land,or cures the claim of Unmarketable Title,all as insured,in a reasonably diligent manner by any method,including
litigation and the . pietism of any appeals,it shall have fully performed its obligations with respect to that matter and shall not be
liable for any loss or damage caused to the Insured.
(b)in the event orally litigation,including litigation by the Company or with the Company's consent,the Company shall have no liability
for loss or damage until there has been a final determination bya court ofcompetent jurisdiction,and disposition of all appeals,adverse
to the Title,as insured.
(c)The Company shall not be liable for loss or damage to the Insured for liabilityvoluntarily assumed by the Insured in settling any claim
or suit without the prior written consent of the Company.
10, REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the
amount of the payment.
11. LiABILITYNONCUMUTATIVE
The Amount of Insurance shall he reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is
taken in Schedule B or to which the insured has agreed,assumed,or taken subject,or which is executed byan Insured after Date of Policy
and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENTOFLOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be
made within 30 days.
15. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogatcd and entitled to the rights of the
insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any
person or property,to the extent of the amount of any loss,costs,attorneys'fees,and expenses paid by the Company. If requested by
the Company,the insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies.
The insured Claimant shall permit the Company to sue,compromise,or settle in the name of the insured Claimant and to use the name
of the insured Claimant in any transaction or litigation involving these rights and remedies.
if a payment on account ofa claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its tight
to recover until after the insured Claimant shall have recovered its loss.
(b)The Company's right ofsubrogation includes the rights of the Insured to indemnities,guaranties,other policies ofinsurance,or bonds,
notwithstanding any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law,arbitration pursuant to the Title insurance Arbitration Rules of the American Arbitration Association may be
demanded if agreed to by both the Company and the insured at the time of the controversy or claim.Arbitrable matters may Include,but arc not limited
to,any controversy or claim between the Company and the Insured arising out of or relating to this policy,and service of the Company in connection
with its issuance or the breach of a policy provision or other obligation.Arbitration pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or.at the option of the Insured,the Rules in effect at Date of Policy shall be binding upon the parties.The avant may
include attorneys fees only if the lana of the state in which the Land is located permit a court to award attorneys'fees to a prevailing party.Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the sine of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT
(a)This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured
and the Company. in interpreting any provision of this policy,this policy shall be construed as a whole.
(b)Any claim of lossordamagethatarisesoutofthestatusoftheTitleorbyanyactionasscrtingsuchclaimwhctherornotbasedonnegligence
shall be restricted to this policy.
(c)Any ante ndment ofor endorsement to this policy must be in writing and authenticated byan authorized person,or expressly incorporated
by Schedule A of this policy.
(d)Each errdotsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except
as the endorsement expressly states,it does not(i)modify anyof the terms and provisions of the policy,(ii)modify anypriorendorsemcnt,
(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance.
FORM OF6(rev.12110)(With Florida Modifications) 5 of 6
16. SEVERABILITY
In the event any provision of this policy,in whole or in pail,is held invalid or unenforceable under applicable law,the policyshall be deemed
not to include that provision or such part held to be Invalid,but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW;FORUM
(a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium
charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,rights,remedies,or
enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of
claims against the Tide that arc adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the
court or arbitrator apply its conflicts of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must he filed only in a state or
federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to
the Company at 400 Second Avenue South,Minneapolis,Minnesota 55401-2499,Phone:(612)371-1111.
FORM OF6(rev.12110)(With Florida Modifications) 6 of 6
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5850 T G LEE BLVD STE 435
ORLANDO FL 32822 INSTRUMENT 82016127713
ORM 4874 PG 1737-1738 (2 PGS)
Prepared by and return to: DATE:12/12/2016 9:57:30 AM
Norman W.Nash,Esq. NEIL KELLY. CLERK OF THE CIRCUIT COURT
Nash Law Firm P.A. LAKE COUNTY
P.O.Box 7644 RECORDING FEES$18.50 DEED DOC$245.00
Seminole,FL 33775
File Number: 16-0338
(Space Above Tbis Line For Recording Data)
Special Warranty Deed
This Special Warranty Deed made this 29 day of November,2016,between Daniel Soto whose post office address
is 619 Tereslta Lane, Laredo,TX 78046,grantor, and The City of Clermont,a Florida municipal corporation whose
post office address is 685 West Montrose Street,Clermont,FL 34711,grantee:
(Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs,legal representatives,and
assigns of individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of THIRTY FIVE THOUSAND AND 00/100
DOLLARS (U.S.$35,000.00)and other good and valuable considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns
forever,the following described land,situate,lying and being in the Lake County,Florida,to-wit:
Lot 15,Block 44,City of Clermont,according to the map or plat thereof as recorded in Plat Book 8,Pages 17-
23,Public Records of Lake County,Florida
Parcel Identification Number: 24-22-25-010004401500
Grantor warrants that at the time of this conveyance,the subject property is not the Grantor's homestead
within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a part of
homestead property.Grantor's residence and homestead address is: 619 Teresita Lane,Laredo,TX 78046.
Subject to taxes for 2016 and subsequent years; covenants, conditions, restrictions,easements, reservations
and limitations of record,if any.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold,the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons claiming by,through or under grantors.
Special Warranty need-Page 1
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
ittl/ 111
First W • s ignature aniel Soto
Printed Name: C e,. C % k
!P\ \1 e �{Z < w &
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Au
Sc' • itness Signature n
P/ted Name:—lb boa Cask-A.\ aInd
State of TEXAS
County of vs.),)•,b •
The foregoing instrument was acknowledged before me this 01 day of 444\04) ,2016,by
Daniel Soto,he()is personally known to me or{'n has produced1(b\.. 1 SL\rl'W 7 • as identification.
ern,,, NORMA A.CASIEIIANOS
s•$'Pr Pye4 Notory Public.Siote of texas
• +bi?
Comm Expires 04.17.2020
1,,,;fo�1,04. Notary ID
10500709
Printed Name: V\4 Y'W1 Yt• (,o4•S!�' 10.1.4.0 S
My Commission Expires: 4-11-vr b-C
Special Warranty Dad-Page 2