Loading...
2017-111 FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE THIS FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE ("First Amendment") is made, entered into and effective on November 14, 2017, by and between The City of Clermont, Florida, a Florida municipal corporation ("Seller"), and Graff Development, LLC, a Florida limited liability company ("Buyer"). RECITALS A. The Buyer and Seller are parties to that certain Contract for Purchase and Sale with an Effective Date of September 1, 2017 ("Contract") pursuant to which the Buyer has agreed to buy and the Seller has agreed to sell real property consisting of all or portions of Lake County, Florida Parcel ID Nos. 1714061, 3778221, and 3778274; and, B. The Buyer and Seller desire to amend the legal description of the Property as set forth herein. AMENDMENT For and in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The legal description of the Property is set forth in Exhibit A which is attached hereto and incorporated herein by reference. 2. Except as expressly amended or modified herein, all other terms and provisions of the Contract shall remain the same. To the extent any term or provision of this First Amendment may he inconsistent with the terms and provisions of the Contract, the terms and provisions of this First Amendment shall control. 3. This First Amendment may be executed in counterpart copies. Facsimile signatures shall be accepted the same as originals. BUYER: Gr ff evelo me•t 1 LL Florida limited liability company By M.r 1 Graff,i S1 ager Date SELLER: City of Clermont, a Florida municipal corporation By Gail Ash, Mayor Date 1 EXHIBIT A TO CONIRACT FOR SALE AND PURCHASE OF REAL PROPERTY DATED SEPTEMBER 1,2017 BETWEEN THE CITY OF CLERMONT,AS SELLER,AND GRAFF DEVELOPMENT LLC, AS BUYER Commence at the Southeast corner of Lot 6, Block 94, Official Map of the City of Clermont, according to the plat thereof, as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida, thence run N 89°26'08" W along the North right of way line of Minneola Avenue for a distance of 93.50 feet to the Southwest corner of the East 93.50 feet of said Lot 6 and the POINT OF BEGINNING; thence continue N 89°26'08" W along said North right of way fine for a distance of 136.20 feet; thence run N 00°18'15" E for a distance of 47.78 feet to the beginning of a tangent curve concave to the East having a radius of 615.00 feet, a chord bearing of N 05023'45" E and a chord distance of 109.16 feet; thence run Northeasterly along the arc of said curve for a distance of 109.31 feet through a central angle of 10°11'Ol" to the end of said curve; thence run N 10'29'16" E for a distance of 44.03 feet to a point on the Westerly extension of the North line of Lot 3, Block 94, said plat of Official Map of the City of Clermont; thence run S 89°26'32" F along said Westerly extension of the North line of Lot 3 for a distance of 63.34 feet to the Northwest corner of said Lot 3; thence run S 00°38'18" W along the West line of said Lot 3 for a distance of 50.00 feet to the Northwest corner of Lot 4, Block 94, said plat of Official Map of the City of Clermont; thence run S 89°26'32" E along the North line of said Lot 4 for a distance of 56.30 feet to the Northwest corner of the East 93.50 feet of said Lot 4; thence run S 00°32'34" W along the West line of the East 93.50 feet of Lots 4, 5 and 6, Block 94, said plat of Official Map of the City of Clermont for a distance of 149.94 feet to the Point of Beginning. 2 t FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE THIS FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE ("First Amendment") is made, entered into and effective on November 14, 2017, by and between The City of Clermont, Florida, a Florida municipal corporation ("Seller"), and Graff Development, LLC, a Florida Iimited liability company("Buyer"). RECITALS A. The Buyer and Seller are parties to that certain Contract for Purchase and Sale with an Effective Date of September 1, 2017 ("Contract") pursuant to which the Buyer has agreed to buy and the Seller has agreed to sell real property consisting of all or portions of Lake County,Florida Parcel ID Nos. 1714061, 3778221, and 3778274; and, B. The Buyer and Seller desire to amend the legal description of the Property as set forth herein. AMENDMENT For and in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. The legal description of the Property is set forth in Exhibit A which is attached hereto and incorporated herein by reference. 2. Except as expressly amended or modified herein, all other terms and provisions of the Contract shall remain the same. To the extent any term or provision of this First Amendment may be inconsistent with the terms and provisions of the Contract, the terms and provisions of this First Amendment shall control. 3. This First Amendment may be executed in counterpart copies. Facsimile signatures shall be accepted the same as originals. BUYER: Graff Development, LLC, a Florida limited liability company By Mark J. Graff,Manager Date SELLER: City of Cl`1/ont,a Florida municipal corporation '.,_a _ r By i i7 gi ay, it Manager Date 1 EXHIBIT A TO CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY DATED SEPTEMBER 1,2017 BETWEEN THE CITY OF CLERMONT,AS SELLER,AND GRAFF DEVELOPMENT LLC,AS BUYER Commence at the Southeast corner of Lot 6, Block 94, Official Map of the City of Clermont, according to the plat thereof, as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida, thence run N 89°26'08" W along the North right of way line of Minneola Avenue for a distance of 93.50 feet to the Southwest corner of the East 93.50 feet of said Lot 6 and the POINT OF BEGINNING; thence continue N 89°26'08" W along said North right of way line for a distance of 136.20 feet; thence run N 00°18'15" E for a distance of 47.78 feet to the beginning of a tangent curve concave to the East having a radius of 615.00 feet, a chord bearing of N 05°23'45" E and a chord distance of 109.16 feet; thence run Northeasterly along the arc of said curve for a distance of 109.31 feet through a central angle of 10°11'01" to the end of said curve; thence run N 10°29'16" E for a distance of 44.03 feet to a point on the Westerly extension of the North line of Lot 3,Block 94, said plat of Official Map of the City of Clermont;thence run S 89°26'32" E along said Westerly extension of the North line of Lot 3 for a distance of 63.34 feet to the Northwest corner of said Lot 3; thence run S 00°38'18" W along the West line of said Lot 3 for a distance of 50.00 feet to the Northwest corner of Lot 4, Block 94, said plat of Official Map of the City of Clermont; thence run S 89°26'32" E along the North line of said Lot 4 for a distance of 56.30 feet to the Northwest corner of the East 93.50 feet of said Lot 4; thence run S 00°32'34" W along the West line of the East 93.50 feet of Lots 4, 5 and 6,Block 94, said plat of Official Map of the City of Clermont for a distance of 149.94 feet to the Point of Beginning. 2 AFFIDAVIT OF NO LIENS STATE OF FLORIDA, A Q COUNTY OF ��}�Y Before me,the undersigned authority,on this day personally appeared: Darren Gray,City Manager of the City of Clermont,a Florida municipal corporation,who,upon being by me first duly sworn,deposes and says: The affiant(s)is/are the owners of the following described real property See attached legal description The affiant(s)is/are in full and exclusive constructive or actual possession of the above described premises and have no knowledge of any claim or assertion of title to those premises,other than N/A. There are no delinquent taxes or outstanding assessments or pending assessments of any kind against the property for street paving,sewer,lighting or water services in respect to said property. There are no unpaid bills or claims for labor or services performed or material furnished or delivered to said property. The affiant(s) is/are not involved in any court proceedings affecting the above described real property, or in any proceedings in which a money judgement might be entered against them, and that the affiant(s) owe to the United States no money for overdue unpaid taxes. The affiant(s)have not and will not execute any instrument or do any act whatsoever which would or might in any way affect the title to the foregoing property to the detriment of the purchasers. All of the statements and representations set forth above are made in order to induce Graff Development, LLC,a Florida limited liability company to purchase or complete the purchase of the foregoing property and to induce Old Republic National Title Insurance Company and Nash Law Firm PA to issue title insurance in relation to said ProPerh'. AFFIANT(S) KNOW THAT IF ANY OF THESE STATEMENTS AND REPRESENTATIONS ARE FALSE THEN AFFIANT(S) IS/ARE OBTAINING MONEY UNDER FALSE PRETENSES. Seller: . 11?'.ont,a lorida municipal corporation B ITP Gray,Ci Manager ` $w•rn to and sub. ... • m • „� day of ,p.» , DANIEL F.AMMAR'S N) • k. 20 . 88ON*FFa..'tf6/ "RES:•k2.2020 orw Bawled Prin -• :.-. .• �Qp�l4� - (hANT2 t t, My Commission Expires: 0"-‘,111 2 f 20 20 Seal File Number.052345 Affidavit No Liens/Cash Sale EXHIBIT A Commence at the Southeast corner of Lot 6,Block 94,Official Map of the City of Clermont, according to the plat thereof, as recorded in Nat Book 8,Page 17,Public Records of Lake County,Florida, thence run N 89°26'08"W along the North right of way line of Minneola Avenue for a distance of 93.50 feet to the Southwest corner of the East 93.50 feet of said Lot 6 and the POINT OF BEGINNING;thence continue N 89°26'08"W along said North right of way line for a distance of 136.20 feet;thence run N 00°18'15"E for a distance of 47.78 feet to the beginning of a tangent curve concave to the East having a radius of 615.00 feet,a chord bearing of N 05°23'45"E and a chord distance of 109.16 feet; thence run Northeasterly along the arc of said curve for a distance of 109.31 feet through a central angle of 10°11'01"to the end of said curve;thence run N 10°29'16" E for a distance of 44.03 feet to a point on the Westerly extension of the North line of Lot 3,Block 94, said plat of Official Map of the City of Clermont;thence run S 89°26'32" E along said Westerly extension of the North line of Lot 3 for a distance of 63.34 feet to the Northwest corner of said Lot 3;thence run S 00°38'18"W along the West line of said Lot 3 for a distance of 50.00 feet to the Northwest corner of Lot 4, Block 94, said plat of Official Map of the City of Clermont;thence run S 89°26'32" E along the North line of said Lot 4 for a distance of 56.30 feet to the Northwest corner of the East 93.50 feet of said Lot 4;thence run S 00°32'34"W along the West line of the East 93.50 feet of Lots 4, 5 and 6, Block 94, said plat of Official Map of the City of Clermont for a distance of 149.94 feet to the Point of Beginning. Affidavit No Licns/Cash Sale Prepared by and return to: Norman W.Nash,Esq. Nash Law Firm PA 332 North Magnolia Orlando,FL 32801 File Number: 052345 (Space Above This Line For Recording Data) Special Warranty Deed Aon This Special Warranty Deed made this I' day of N 0Vaz— , 20 17 , between City of Clermont, a Florida municipal corporation whose post office address is 685 West Montrose Street,Suite 203,Clermont,FL 34711, grantor, and Graff Development, LLC, a Florida limited liability company whose post office address is 1200 Oakley Seaver Drive,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 ONE HUNDRED NINETY FIVE THOUSAND AND 00/100 DOLLARS(U.S.$195,000.00)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: See attached legal description Parcel Identification Number: 1714061 Subject to taxes for 2017 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. [signatures on next page] Special Warranty Deed-Page I 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: City of Clermont,a Florida municipal corporation First Witness Signatt7/4° lir" Ifi-r—��; � :.A-ar MI ray, ity Manager Printed Name: ta•.blia. T. Second Witness Signature Printed Name:` J..b(4. m. fibarcz.ik State of 11 OLk A County of LA The foregoing instrument was acknowledged before me this I4 day of )JQdQc('1 _ ,2017,by Darren Gray,City Mana of CITY OF CLERMONT,A FLORIDA MUNICIPAL CORPORATION,on behalf of the Corporation,/he is personally known to me or Li has produced as identification. (SEAL) / a) :H....----------?F;;;;, -----si_________.) .6DANIEL F.M1 N1ZAWs N c • ,p,...... J&i -L 2�• Ls * t,_ ' *M1'COMMISSION/FF1132157 Printed Name`: °� ' EXPIRES m 2,2020 Eorn NadednwES: tNomrys My Commission Expires: 7 212a20 Special Warranty Deed-Page 2 EXHIBIT A TO SPECIAL WARRANTY DEED BETWEEN THE CITY OF CLERMONT,AS GRANTOR,AND GRAFF DEVELOPMENT LLC,AS GRANTEE Commence at the Southeast corner of Lot 6, Block 94, Official Map of the City of Clermont, according to the plat thereof, as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida, thence run N 89°26'08"W along the North right of way line of Minneola Avenue for a distance of 93.50 feet to the Southwest corner of the East 93.50 feet of said Lot 6 and the POINT OF BEGINNING; thence continue N 89°26'08" W along said North right of way line for a distance of 136.20 feet; thence run N 00°18'15" E for a distance of 47.78 feet to the beginning of a tangent curve concave to the East having a radius of 615.00 feet, a chord bearing of N 05°23'45" E and a chord distance of 109.16 feet; thence run Northeasterly along the arc of said curve for a distance of 109.31 feet through a central angle of 10°11'01" to the end of said curve; thence run N 10°29'16" E for a distance of 44.03 feet to a point on the Westerly extension of the North line of Lot 3, Block 94, said plat of Official Map of the City of Clermont; thence run S 89°26'32" E along said Westerly extension of the North line of Lot 3 for a distance of 63.34 feet to the Northwest corner of said Lot 3; thence run S 00°38'18" W along the West line of said Lot 3 for a distance of 50.00 feet to the Northwest corner of Lot 4, Block 94, said plat of Official Map of the City of Clermont; thence run S 89°26'32" E along the North line of said Lot 4 for a distance of 56.30 feet to the Northwest corner of the East 93.50 feet of said Lot 4; thence run S 00°32'34" W along the West line of the East 93.50 feet of Lots 4, 5 and 6, Block 94, said plat of Official Map of the City of Clermont for a distance of 149.94 feet to the Point of Beginning. Special Warmly Deed-Page 3 Nash Law Firm PA PO Box 7644, Seminole, Florida 33775 Phone 727-231-4280 COMBINED CLOSING STATEMENT Closing Date: 11/14/17 Proration Date: 11/14/17 Disbursement Date: 11/14/17 BUYER: Graff Development,LLC,a Florida limited liability company SELLER: City of Clermont,a Florida municipal corporation LENDER: Closing Agent: Nash Law Firm PA Closing Agent Flle No.: 052354 PROPERTY ADDRESS: Buyer DEBIT CREDIT Contract sales price $195,000.00 Settlement or closing fee Nash Law Firm PA $200.00 Wire/FedEx fees Nash Law Firm PA $20.00 Recording Fees-Deed Clerk of Court,Lake County $18.50 Deposit or earnest money $5,000.00 SUBTOTAL $195,238.50 $5,000.00 CASH FROM BUYER $190,238.50 CASH TO BUYER TOTAL $195,238.50 $195,238.50 Seller DEBIT CREDIT Contract sales price $195,000.00 Deposits heed by seller $5,000.00 Settlement or dosing fee Nash Law Firm PA $200.00 Abstract or title search Attorneys'Title Fund Services,LLC $300.00 Pre-closing/Doc prep services Nash Law Firm PA $600.00 Wire/FedEx fees Nash Law Firm PA $20.00 Attorney's Fees DSK Law $500.00 Title insurance Nash Law Firm PA $1,050.00 State tax/stamps Clerk of Court,Lake County $1,385.00 SUBTOTAL $9,035.00 $195,000.00 CASH FROM SELLER CASH TO SELLER $185,965.00 TOTAL $195,000.00 $195,000.00 Buyer Page 1 of 2 DoubleTlme® THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF A COPY OF THE FOREGOING SETTLEMENT STATEMENT,AGREES TO THE CORRECTNESS THEREOF,AND AUTHORIZES AND APPROVES THE DISBURSEMENTS SET FORTH. Graff Development, LLC, a Florida limited liability company By: Mark J. Graff Manager Seller THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF A COPY OF THE FOREGOING SETTLEMENT STATEMENT AGREES TO THE CORRECTNESS THEREOF,AND AUTHORIZES AND APPROVES THE DISBURSEMENTS SET FORTH. City of Clermont a Flor'• 4 f 1 corporation By: i :V 1+ Da. ren Gray, City Manager (Corporate Seal) This Closing Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Nash Law Firm PA By: Page 2 of 2 DoubleTImeQO