Contract 2019-28A AGREEMENT
THIS AGREEMENT (this "Agreement") is made this 015 day of March 2019
("Effective Date") by and between CITY OF CLERMONT, a Florida municipality,
whose mailing address is 685 W. Montrose Street, Clermont, FL 34711 (hereafter
referred to as "CITY"), and THE ART DISTRICT, LLC, a Florida limited liability
company (hereinafter referred to as "THE ART DISTRICT") . CITY and THE ART
DISTRICT may be referred to as the Parties.
WITNESSETH:
WHEREAS, the CITY and THE ART DISTRICT are under contract for CITY to
sell and THE ART DISTRICT to purchase Lot 11, Block 80, a portion of Lot 12, Block
80 and a portion of Lot 14, Block 80, all of the Official Map of the City of Clermont, Plat
Book 8, Page 17, Public Records of Lake County, Florida, hereafter referred to as the
"Property"; and
WHEREAS, a utility easement recorded in O.R. Book 5173, Page 422 Public
Records of Lake County, Florida, and re-recorded in O.R. Book 5231, Page 966, Public
Records of Lake County, Florida, granted by the CITY in favor of VP Development
Enterprises, LLC (hereinafter the"Easement") encumbers the Property; and
WHEREAS, the Easement provides that the CITY may require VP Development
Enterprises, LLC, its successors and assigns, (VP Development) to relocate the Easement
area as may be required by the CITY; and
WHEREAS, a backflow preventer for VP Development's property is located on
the Property and must be relocated by VP Development onto its own property; and
WHEREAS, THE ART DISTRICT has asserted a title objection to the easement
and the back flower preventer located on the Property; and
WHEREAS, VP Development has been unwilling to voluntarily enter into an
agreement to release the Easement in exchange for a new easement from the CITY and/or
THE ART DISTRICT within which to relocate the utilities, including the back flow
preventer; and
WHEREAS, the CITY has agreed to exercise its rights under the terms of the
Easement to require VP Development, at its sole expense, to relocate the potable water
services consistent with one of the two alternatives attached hereto as Exhibit A, and has
agreed the CITY'S obligation to do so shall survive the March 25, 2019 closing of THE
ART DISTRICT'S purchase from the CITY.
WHEREAS, the Parties have agreed to the terms and conditions as recited above
and desire to set forth such terms and conditions herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00), the mutual covenants and agreements herein contained and other good and
valuable consideration, the receipt and legal sufficiency of which are hereby
acknowledged, CITY and THE ART DISTRICT hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct in all material
respects and are hereby incorporated herein by this reference.
2. The City's Obligations. THE ART DISTRICT has identified and
presented to the CITY two alternative routes for a PVC potable water line to the VP
Development's property. The two alternatives are attached hereto as Exhibit A. Once the
alternative route has been determined during THE ART DISTRICT'S site plan process,
in accordance with an approved site plan and construction plans CITY shall immediately
provide VP Development written notice pursuant to the Easement that the Future Utility
Easement area is clear and available for relocation of the potable water line and back
flow preventer and associated facilities, and require VP Development to complete the
relocation and placement of the water line and back flow preventer and associated
facilities within the Future Utility Easement, at its own expense. CITY shall ensure that
within 60 days of the CITY providing VP Development written notice, VP
DEVELOPMENT shall complete the relocation.
Also within 60 days of the CITY providing VP Development written notice
pursuant to the Easement, CITY shall also secure from VP Development a properly
executed amendment to the Utility Easement ("Future Utility Easement") amending the
legal description and sketch of description to reflect the alternative route. The Future
Utility Easement can either be in the form of an amendment or a new form of easement.
If a new form of easement, then the CITY shall secure a properly executed, original
Termination and Release of Utility Easement from VP Development and deliver it to
THE ART DISTRICT for recording in the public records of Lake County, Florida.
Time is of the essence as to all of CITY's obligations as stated in this paragraph.
CITY'S obligations shall also survive closing on March 25, 2019. CITY shall be
obligated to take any and all enforcement action legally available to CITY against VP
Development to accomplish the relocation of the utilities.
4. The Art District's Obligations. THE ART DISTRICT shall execute, if
necessary, a utility easement consistent with one of the two alternative routes as
determined through THE ART DISTRICT'S site plan process.
5. Cooperation of the Parties. In connection with the individual parties'
performance of its duties and obligations hereunder, each party covenants that it will act
in good faith and will act in a cooperative and timely manner in the performance of its
duties and obligations.
6. Failure to Comply. In the event that a party shall fail to perform any or all
of its obligations as stated in this Agreement, then a non-defaulting shall provide written
notice of default to the defaulting party. In the event a party has received such a notice of
default, such defaulting party shall be allowed a period of fifteen (15) days, from receipt
of notice of said default from the non-defaulting party, within which to cure said default.
If the defaulting party does not agree that it is in default or has failed to timely cure said
default, then the dispute resolution procedures set forth below shall be utilized. The party
alleging default and the alleged defaulting party shall meet within five (5) days from the
end of the fifteen (15) day cure period and discuss and attempt to resolve the issue.
Should they be unsuccessful in resolving the issues, the parties are free to pursue any
legal remedies available, including specific performance of the terms of this Agreement
and monetary damages, including but not limited to, permit fees, engineering costs, legal
fees (including attorneys' fees on appeal) and contingent costs, together with any
damages either direct or consequential, which a party may sustain on account of the
failure of a party to comply with its obligations.
7. Right to Attorney's Fees. In any action at law or in equity between the
parties hereto occasioned by a default hereunder, the Prevailing Party shall be entitled to
collect its reasonable attorney's fees actually incurred in the action from the non-
prevailing party. As used herein, the term "Prevailing Party" shall mean the party who
receives substantially the relief sought. If the Prevailing Party utilizes "in-house"
counsel, such party's reasonable costs, expenses and overhead for the time expended by
the Prevailing Party for such in-house counsel in the aforementioned action shall be
recoverable by the Prevailing Party in the same manner as other attorney's fees. Both
parties hereby fully waive any right to trial by jury to the extent that any such right shall
exist with respect to this Agreement, or any claim, counterclaim or other action arising in
connection therewith.
8. Remedies. If and to the extent any party's obligations set forth herein
are not satisfied as and when required under the terms of this Agreement, or applicable
Laws, then the performing party shall have all of the remedies available under applicable
law, including, but not limited to, the right to seek any and all legal, or equitable remedies
in the event of such default. Any party's pursuit of any one or more of the remedies
stated above and/or available at law or in equity shall not constitute an election of
remedies precluding pursuit of any other remedy provided in this Agreement or any other
remedy or remedies provided for or allowed by law or in equity, separately or
concurrently or in any combination, nor shall it constitute a forfeiture or waiver of
amounts payable under this Agreement, or of any damages or other sums accruing to
either party by reason of the other party's failure to fully and completely comply with all
of the terms of this Agreement. Either party's forbearance in pursuing or exercising one
or more of its remedies shall not be deemed or construed to constitute a waiver of any
event of default or any remedy. No waiver by either party of any right or remedy on one
occasion shall be construed as a waiver of that right or remedy on any subsequent
occasion or as a waiver of any other right or remedy then or thereafter existing. No
failure to pursue or exercise any of such party's powers, rights or remedies or to insist
upon strict and exact compliance by the other party with any term of this Agreement, and
no custom or practice at variance with the terms of this Agreement, shall constitute a
waiver of the right to demand strict and exact compliance with terms and conditions of
this Agreement.
9. Notice. All notices, demands, statements, and requests (collectively
"Notice") required or permitted to be given under this Agreement must be in writing and
shall be deemed to have been properly given as of the date hereinafter specified: (i) on
the date of personal delivery or electronic mail transmission to the person to whom the
notice is addressed or, if such person is not available, the date such notice is left at the
address of the person to whom it is directed; or(ii) on the date one(1) day after the notice
is postmarked by the United States Post Office, provided it is sent prepaid, registered or
certified mail, return receipt requested.
City of Clermont
Attn: Darren Gray, City Manager
685 West Montrose Street
Clermont, FL 34711
Email: dgray@clermontfl.org
WITH A REQUIRED de Beaubien Knight, Simmons,
COPY TO: Mantzaris Neal, LLP
332 North Magnolia Avenue
Orlando, Florida 32801
Attn. Daniel F. Mantzaris, Esquire
Phone: (407) 422-2454
Fax: (407) 992-3541
E-mail: dmantzaris a dsklawgroup.com
The Art District, LLC
P.O. Box 120788
Clermont, FL 34712
Attn.: Jayson Stringfellow
ennyxl@gmail.com
WITH A REQUIRED Law Office of Anita Geraci-Carver, P.A.
COPY TO: 1560 Bloxam Avenue
Clermont, FL 34711
Attention: Anita Geraci-Carver, Esq.
Email: anita@agclaw.net
10. Miscellaneous.
(a) Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the parties' successors and assigns.
(b) Entire Agreement; Modifications. This Agreement, together with
the attached exhibits (if any), embodies the entire agreement between the parties
concerning the subject matter hereof. This Agreement shall not be waived or amended
except by written instrument executed by all parties with the same formalities as this
Agreement.
(c) Applicable Law. This Agreement shall be construed and
interpreted under the laws of the State of Florida and, where applicable, the laws of the
United States of America. Venue shall be in Lake County, Florida.
(d) No Waiver. Failure of either party to insist upon strict and exact
compliance with any provisions hereof shall not constitute a waiver of the rights of such
party to subsequently insist upon compliance with that provision or any other provision
of this Agreement. Failure of either party to pursue or exercise any power, right or
remedy on one occasion shall not constitute a waiver of the rights of such party to
exercise such power, right or remedy on any subsequent occasion. No custom or practice
at variance with the terms of this Agreement shall constitute a waiver by any party to this
agreement of the right to demand strict and exact compliance with terms and conditions
of this Agreement.
(e) Right Cumulative. All rights, remedies, powers and privileges
conferred on the parties under this Agreement shall be cumulative of and in addition to,
but not restrictive of or in lieu of, those conferred by law and/or available in equity.
(f) Severability. The provisions of this Agreement are intended to be
independent, and in the event any clause or provision hereof should be declared by a
court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason
whatsoever, such illegality, unenforceability, or invalidity shall not affect the remainder
of this Agreement. In lieu of each clause or provision of this Agreement that is declared
illegal, invalid or unenforceable, there shall be substituted as part of this Agreement a
clause or provision as nearly identical as possible that is legal, valid and enforceable.
(g) Captions. Titles or captions of sections contained in this
Agreement are inserted only as a matter of convenience and for reference and in no way
define, limit, extend or describe the scope of this Agreement or the intent of any
provision hereof.
(h) Construction of Agreement. All parties to this Agreement
acknowledge that they have read, understand and have had the opportunity to be advised
by legal counsel as to each and every one of the terms, conditions, and restrictions and
the effect of all of the provisions of this Agreement and all parties to this Agreement
agree to the enforcement of any and all these provisions and execute this Agreement with
full knowledge of the same. Should any provision of this Agreement require judicial
interpretation, it is agreed that the court interpreting or construing the provisions shall not
apply the rule of construction that a document is to be construed more strictly against the
party who itself or through its agent prepared the document. Typewritten or handwritten
provisions inserted in this Agreement that are initialed by the parties shall control over all
printed provisions of this Agreement in conflict therewith. The phrase"including"means
"including but not limited to".
(i) Time of Essence. Time is of the essence for this Agreement.
(j) Counterparts. This Agreement may be executed in separate
counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument. It shall be fully executed when
each party whose signature is required has signed at least one counterpart even though no
one counterpart contains the signatures of all the parties.
(k) THIS AGREEMENT SHALL SURVIVE CLOSING.
IN WITNESS WHEREOF, the undersigned have caused this document to be
executed as of the date written above.
CITY;CLERMONT, a Florida municipality
- AIIL\ 66,A Dated this a5 day of Thatch , 2019.
D.Tpir City anager
Attest:
LSC%t4
THE ART DISTRICT, LLC, a Florida limited liability company
By: Dated this day of , 2019.
Jayson Stringfellow, as Manager
printed provisions of this Agreement in conflict therewith. The phrase"including"means
"including but not limited to".
(i) Time of Essence. Time is of the essence for this Agreement.
(j) Counterparts. This Agreement may be executed in separate
counterparts, each of which shall be deemed an original, and all of such counterparts
together shall constitute one and the same instrument. It shall be fully executed when
each party whose signature is required has signed at least one counterpart even though no
one counterpart contains the signatures of all the parties.
(k) THIS AGREEMENT SHALL SURVIVE CLOSING.
IN WITNESS WHEREOF, the undersigned have caused this document to be
executed as of the date written above.
CITY OF CLERMONT, a Florida municipality
Dated this day of , 2019.
Darren Gray, City Manager
Attest:
Tracy Ackroyd, City Clerk
THE AR P ISTRICT, LLC, a Florida limited liability company
- 8 : Dated thisc)2,5 day of fate{..-k..._ , 2019.
Jays.'Strjngfellow, as Manager
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ESQUIRE
LAW OFFICE OF ANITA GERACI-CARVER, PA
April 4, 2019
Daniel Mantzaris
DSK Law
332 North Magnolia Avenue
Orlando, Florida 32801
RE: City of Clermont sale to The Art District
Dear Dan:
Enclosed please find the following documents from the above-referenced closing March
25, 2019:
1. Original executed Settlement Statement;
2. Copy of executed Agreement;
3. Copy of recorded Special Warranty Deed;
4. Copy of recorded Easement for Use;
5. Copy of recorded Termination of Agreement;
6. Original 1099;
7. Copy of No Tenant Affidavit;
8. Original executed Closing Affidavit (Seller);
9. Copy of executed Closing Affidavit(Buyer);
10. Copy of executed LLC Affidavit; and
11. Copy of executed Errors, Omissions, and Further Assurance Agreement.
If you have any questions, please contact my office at the number listed below.
Sincerely,
.......Quilitij..52_,Ltuti: Cizum..„,y
Anita Geraci-Carver
AGC/dd
Enclosures
•
APR - L 2019
352.243.2801 • Fax 352.243.2768
1560 Bloxam Avenue • Clermont, Florida 34711
anita@agclaw.net """
HUD-1 U.S. Department of Housing
A. Settlement Statement and Urban Development OMB No. 2502-0265
B. Type of Loan
C 1. FHA 2. FmHA 3. Cony. Unins. 6. File Number 7. Loan Number 8. Mortg. Ins.Case Num.
00025-058A
C 4.V.A. 5. Cony. Ins.
ID:
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
D.NAME OF BORROWER: The Art District LLC
Address of Borrower: P. 0. Box 120788, Clermont, Florida 34712
E.NAME OF SELLER: City of Clermont,a Florida municipal corporation
Address of Seller: 685 West Montrose Street, Clermont, Florida 34711 TIN:
F. NAME OF LENDER:
Address of Lender:
G.PROPERTY LOCATION: South 8th St, Clermont,Florida 34711 and W. Minneola Ave,Clermont, Florida 34711
H.SETTLEMENT AGENT: Law Office of Anita Geraci-Carver, P.A. TIN:20-8001856
Place of Settlement: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone:352-243-2801
I. SETTLEMENT DATE: 3/25/19 DISBURSEMENT DATE: 3/25/19
J.Summary of borrower's transaction K.Summary-of seller's transaction
100.Gross amount due from borrower: 400.Gross amount due to seller:
101.Contract sales price 148,454.65 401.Contract sales price 148,454.65
102. Personal property 402. Personal property
103.Settlement charges to borrower(Line 1400) 5,527.00 403.
104. 404.
105. 405.
Adjustments foritems paid by seller in advance: • "Adjustments for items paidby seUerfn advance:;.
106. City/town taxes 406. City/town taxes
107. County taxes 407. County taxes
108.Assessments 408.Assessments
109. 409.
110. 410.
111. 411.
112. 412.
120.Gross amount due from borrower: 153,981.65 420.Gross amount due to seller: 148,454.65
200:Amounts paid or in behalf of borrower` • . 500.Reductions in amount due to
201. Deposit or earnest money 50,000.00 501. Excess deposit(see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400)
203. Existing loan(s)taken subject to 503. Existing loan(s)taken subject to
204. Principal amount of second mortgage 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506. Deposits held by seller
207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller
208. 508.
209. 509.
j All I Or• ms unpaid by Seller. Ad'ustm is f . to *db
210.City/town taxes 510. City/town taxes
211. County taxes 511. County taxes
212.Assessments 512.Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220.Total paid by/for borrower: 50,000.00 520.Total reductions in amount due seller: 0.00
300:Cashat settlement fromlto borrower: j 600.Cash at settlement to/from seller
301.Gross amount due from borrower 153,961.65 601. Gross amount due to seller 148,454.65
(line 120) (line 420)
2n7 I occ mmn„nf noiii h„/fnr,the.knr,-.","••
HUD-1 U.S.Department of Housing
A. Settlement Statement and Urban Development OMB No.2502-0265
B. Type of Loan
0 1. FHA 2.FmHA 0 i 3.Cony.Unins. 6. File Number 7.Loan Number 8. Mortg.Ins.Case Num.
0 4.V.A. 5.Cony. Ins. 00025-058A
ID:
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
D.NAME OF BORROWER: The Art District LLC
Address of Borrower: P.O.Box 120788,Clermont, Florida 34712
E.NAME OF SELLER: City of Clermont,a Florida municipal corporation
Address of Seller: 685 West Montrose Street, Clermont,Florida 34711 TIN:
F.NAME OF LENDER:
Address of Lender:
G.PROPERTY LOCATION: South 8th St,Clermont,Florida 34711 and W. Minneola Ave,Clermont,Florida 34711
H.SETTLEMENT AGENT: Law Office of Anita Geraci-Carver,P.A. TIN:20-8001856
Place of Settlement: 1560 Bloxam Avenue,Clermont, Florida 34711 Phone:352-243-2801
I. SETTLEMENT DATE: 3/25/19 DISBURSEMENT DATE: 3/25/19
J:Summary of borrower's tranactionK.Summa of seller's transaction 77 ' ''?" "
100.Gross amount due from borrower: ..•. .. 400.Gross amount dueto sellers
101.Contract sales price 148,454.65 401.Contract sales price 148,454.65
102. Personal property 402.Personal property
103.Settlement charges to borrower(Line 1400) 5,527.00 403.
104. 404.
105. 405.
_
`Adjustments for•items paid by seller in advance: r Adjustments foritems paid by seller ni advance. n<, . •
106.City/town taxes 406.City/town taxes
107.County taxes 407.County taxes
108.Assessments 408.Assessments
109. 409.
110. 410.
111. 411.
112. 412.
120.Gross amount due from borrower: 153,981.65 420.Gross amount due to seller: 148,454.65
200:Amounts paid or in behalf of borrower: 500:Reductions in amount due to seller:
201.Deposit or earnest money 50,000.00 501.Excess deposit(see instructions)
202.Principal amount of new loan(s) 502. Settlement charges to seller(line 1400)
203.Existing loan(s)taken subject to 503. Existing loan(s)taken subject to
204.Principal amount of second mortgage 504.Payoff of first mortgage loan
205. 505.Payoff of second mortgage loan
206. 506. Deposits held by seller
207.Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller
208. 508.
209. 509.
Adjustments for items unpaidbyseller:' 7 7 Adjustments for items unpaid by seller:
210.City/town taxes 510.City/town taxes
211.County taxes 511.County taxes
212.Assessments 512.Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220.Total paid by/for borrower: 50,000.00 520.Total reductions in amount due seller: 0.00
>300:Cash at setUemenEfromlto borrower: 600..Cash at settlement to/from seller:
301. Gross amount due from borrower 153,981.65 601.Gross amount due to seller 148,454.65
(line 120) (line 420)
HUD-1 U.S. Department of Housing and Urban Development Page 2
I_"'. -ttlemen charges Borr werROCiSellerPOC Paid from Paid from
700.Total Saies/Brokers Corn.based on price $710,000.00 @ %= Borrower's Seller's
Funds at Funds at
701. %to Settlement Settlement
702. %to
703. Commission paid at settlement
704. to
800.Items payable in connection with loan: Borrower POC Seller POC r,._ .
801. Loan origination fee %to
802. Loan discount %to
803. Appraisal fee to
804. Credit report to
805. Lender's inspection fee to
806. Mortgage insurance application fee to
807. Assumption Fee to
808. to
809. to
810. to
811. to
•.1.1 't! �• i � I - �,' _-� } _} -',t i,.: :e • ' •.• S• �'w $nQk#j}t�°�'h°f "�
901. Interest from to @ /day
902. Mortgage insurance premium for months to
903. Hazard insurance premium for years to
904. Flood insurance premium for years to
905. years to
•
_ •'���. 6� _i - .. :• • P• ••
1001. Hazard insurance months @ per month
1002. Mortgage insurance months @ per month
1003. City property taxes months @ per month
1004. County property taxes months @ per month
1005. Annual assessments months @ per month
1006. Flood insurance months @ per month
1007. months @ per month
1008. months @ per month
1009. Aggregate accounting adjustment
'1100.Title charges:' Borrower POCSeller ROC
1101. Settlement or closing fee to Law Office of Anita Geraci-Carver, P.A. 300.00
1102. Abstract or title search to Law Office of Anita Geraci-Carver, P.A. 400.00
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's Fees to Law Office of Anita Geraci-Carver, P.A. 2,850.00
(includes above item numbers:
1108. Title Insurance to Old Republic Nat.Title/Anita Geraci-Carver 817.50
(includes above item numbers:
1109. Lender's coverage(Premium):
1110. Owner's coverage(Premium): $148,454.65($817.50)
1111. Endorse:
1112. to
1113. to
1200." overnment recording and transfer charges: •
1201. Recording fees Deed S44.00 Mortgage(s) Releases 44.00
1202. City/county tax/stamps Deed Mortgage(s)
1203. State tax/stamps Deed $1,039.50 Mortgage(s) 1,039.50
1204. Easement for Use to Lake County Clerk of Court
35.50
1205.Termination of Agreement to Lake County Clerk of Court 27.00
300:'Additionat'settlement charges: Borrower POCSeller
1301. Survey to Rhoden Land Surveying, Inc. 1200.00
1302. E-recording to Simplifile 13.50
1303. to
1304. to
1305. to
1306. to
1307. to
HUD-1 U.S. Department of Housing and Urban Development Page 2
1.Settlementcharge& " BorrowerldOBSelleiLIO
Paid from Paid from
700.Total Sales/Brokers Corn.based on price $710,000.00 @ %= Borrower's Seller's
701. %to Funds at Funds at
Settlement Settlement
702. %to
703. Commission paid at settlement
704. to
•800_Items payable in connection with loan. BorioweiPOC'Seller POC'
801. Loan origination fee %to
802. Loan discount %to
803. Appraisal fee to
804 Credit report to
805. Lender's inspection fee to
806. Mortgage insurance application fee to
807. Assumption Fee to
808. to
809. to
810. to
811. to
9007.1tems reauiredbvlende�iobe paid iri advances: '°""Thorro vefPOGSeiierAOC'
901. Interest from to @ /day
902.Mortgage insurance premium for months to
903. Hazard insurance premium for years to
904.Flood insurance premium for years to
905. ears to
1000:Resewes deposited with lender. -.;',,borrower AOC eller ROC
1001. Hazard insurance months @ per month
1002. Mortgage insurance months @ per month
1003. City property taxes months @ per month
1004. County property taxes months @ per month
1005. Annual assessments months @ per month
1006. Flood insurance months @ per month
1007. months @ per month
1008. months @ per month
1009. Aggregate accounting adjustment
1900:' itle charges: Borrower POC'Seller POC
1101. Settlement or closing fee to Law Office of Anita Geraci-Carver,P.A. 300.00
1102. Abstract or title search to Law Office of Anita Geraci-Carver,P.A. 400.00
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's Fees to Law Office of Anita Geraci-Carver, P.A. 2,850.00
(includes above item numbers:
1108. Title Insurance to Old Republic Nat.Title/Anita Geraci-Carver 817.50
(includes above item numbers:
1109. Lender's coverage(Premium): +
1110. Owners coverage(Premium): $148,454.65($817.50) • , .:.
1111. Endorse:
1112. to
1113. to
200.-Government recording and transfer charges. TS�O`4
1201.Recording fees Deed $44.00 Mortgage(s) Releases 44.00
1202. City/county tax/stamps Deed Mortgage(s)
1203.State tax/stamps Deed $1,039.50 Mortgage(s) 1,039.50
1204.Easement for Use to Lake County Clerk of Court 35.50
1205.Termination of Agreement to Lake County Clerk of Court 27.00
.�-• m.n.� 1"'Ath$ Pi+g(YyPE'y'+u,�Y13;�.F`4�... �..
9300:Additional'SettlernenYcharpest3orrowcrP.OG'SelierP+je--.:•;.�: :<. .,.
1301. Survey to Rhoden Land Surveying,Inc. 1200.00
1302. E-recording to Simplifile 13.50
1303. to
1304. to
1305. to
1306. to
1307. to
1308. to
INSTRUMENT#: 2019033382 OR BK 5254 PG 1631 PAGES: 5 3/27/2019 10:55:43 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $44 . 00 DEED DOC:$1039.50
Prepared by and return to:
Anita Ceraci-Carver,Esq.
Law Office of Anita Geraci-Carver,P.A.
1560 Bloxam Avenue
Clermont,FL 34711
352-243-2801
JSpace Above This Line For Recording Data)
Special Warranty Deed
This Special Warranty Deed made this 15th day of March,2019 between City of Clermont,a Florida
Municipal Corporation whose post office address is 685 West Montrose Street,Clermont,FL 34711,
grantor, and The Art District LLC, a Florida limited liability company, whose post office address is
Post Office Box 120788,Clermont,FL 34712,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 ONE HUNDRED FORTY-EIGHT
THOUSAND FOUR HUNDRED FIFTY-FOUR AND 65/100 DOLLARS ($148,454.65)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 Lake County,Florida,to-wit:
Lot 11, Block 80, OFFICIAL MAP OF THE CITY OF CLERMONT, according to
the map or plat thereof as recorded in Nat Book 8,Page 17,Public Records of Lake
County,Florida.
AND
The West 20.00 feet of Lot 12, Block 80, OFFICIAL MAP OF THE CITY OF
CLERMONT,according to the map or plat thereof as recorded in Plat Book 8,Page
17,Public Records of Lake County,Florida.
LESS the East 0.45 feet of the South 61.99 feet thereof.
AND
The East 33.00 feet of Lot 14, Block 80, OFFICIAL MAP OF THE CITY OF
CLERMONT,according to the map or plat thereof as recorded in Plat Book 8,Page
17,Public Records of Lake County,Florida.
LESS the East 18.00 feet of the West 20.00 feet of the East 33.00 feet of said Lot 14,
Block 80.
Parcel Identification Number: 24-22-25-0100-080-01100 and a portion of Parcel
Identification Number 24-22-25-0100-080-01201
Including all phosphates,metals,minerals and petroleum reservations,if any,it may
have pursuant to Section 270.11,Florida Statutes.
DOCUMENTARY STAMPS IN THE AMOUNT OF$1,039.50 HAVE BEEN PAID.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
eRecorded:L 1/ -7j a0I 9
INSTRUMENT# 2019033382 OR BOOK 5254/PAGE 1632 PAGE 2 of 5
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.
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:
WITNESSES:
/Ilk , k
Print N e G i ova" 0 Da" ITy 16,Manager
of Clermont, Florida
ir
Print Name: I. .r! Ire !.
Art EST:
i / •
::�.�
is Y
Tra` Ackroy. H. e,City Clerk
SEAL ;Y
State of Florida
County of Lake ""
The foregoing instrument was acknowledged before me this as day of March,2019 by Darre Gray,City Manager
of the City of Clermont,Florida,a municipal corporation,on behalf of the corporation. He is personally known
to me or U has produced a driver's license as identification. /y�
[Notary Seal] `' J• —
Notary Public
tit Debra M.Rybarczylc Printed Name: r
m . >rc2
yt
NOTARY PUBLIC
` STATE OF FLORIDAMy / 1
Comm#GG172570 My Commission Expires: / �/ oZ4o7
57
9;0 Expires 1/4/2022
INSTRUMENT# 2019033382 OR BOOK 5254/PAGE 1633 PAGE 3 of 5
CERTIFICATE OF THE CITY ATTORNEY
The undersigned,the duly appointed City Attorney of the City of Clermont,Florida(the
"City") HEREBY CERTIFIES that:
Attached hereto a true and correct copy of the original, executed Resolution 2018-51R of
the City of Clermont which was adopted at a meeting of the City Council duly called and held on
November 13, 2018, at which meeting a quorum was present and acting throughout, which
resolution has been duly adopted and has not been repealed or amended and is in full force and
effect on and as of the date hereof in the form attached hereto.
IN WITNESS WHEREOF,I have hereunto set my hand as of thi day of March,
2019.
traIMIEFAIWIII°11°;-:
Da -"4"1"1.7 antzaris,City Attorney of the
City of Clermont,Florida
- ' INSTRUMENT# 2019033382 OR BOOK 5254/PAGE 1634 PAGE 4 of 5
CITY OF CLERMONT
RESOLUTION NO.2018-51R
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT DECLARING SURPLUS APPROXIMATELY .34 +1-
•
• A ; S(14,810.40+/-SQ.FEET)OF REAL PROPERTY LOCATED ON
MI$NICOLA AVENUE BETWEEN SEVENTH AND EIGHTH
S EFTS, OWNED BY THE CITY AND AUTHORIZING THE SALE
• THEREOF TO THE ART DISTRICT, LLC FOR THE PURCHASE
PRICE OF $11.50 PER SQUARE FEET OR APPROXIMATELY
$170,319.60 AS DETERMINED BY A FINAL SURVEY AND
AUTHORIZING THE MAYOR TO EXECUTE THE SALE
AGREEMENT AND CITY MANAGER TO PERFORM ALL ACTS
NECESSARY AND APPROPRIATE TO CLOSE ON THE PROPERTY
AS PROVIDED HEREIN.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Clermont,Florida,as follows:
SECTION 1.
The City Council of the City of Clermont, Florida does declare surplus the real property located
at Minneola Avenue between Seventh and Eighth Streets and consisting of .34 +/- acres
(14,810.40 +/- square feet) and hereby accepts the offer from THE ART DISTRICT, LLC to
purchase the .34 +1- acres of real property from the City for $1 1.50 per square foot or
approximately S170.319.60 as determined by a final survey of the property and does hereby
authorize the Mayor to enter into the contract attached hereto and incorporated herein and further
authorizes the City Manager to perform all acts necessary and appropriate to dose on the
party.
SECTION 2.
The Mayor and/or City Manager are specifically authorized to withhold the formal written
agreement upon his or her determination of any matter or factor, hereafter coming to their
attention which may indicate such action is not in the City's best interest, provided that upon
such withholding,the City Manager, with reasonable dispatch,shall present the issue to the City
Council,in session, for review and direction
SECTION 3.
This Resolution shall take effect immediately upon its adoption.
•
1
I .
INSTRUMENT# 2019033382 OR BOOK 5254/PAGE 1635 PAGE 5 of 5
I
C17Y OF CLERMONT
RESOLUTION NO.2018-51R
PASSED AND ADOPTED by the City Council of the City of Clermont,Florida on the
13th day of November,2018.
•
CITY OF CLERMONT
•
;ail L.Ash,Mayor
. ATTEST:
•
•
•
• Tracy Ackroyd Howe,City Clerk
•
Approved as to form and legality:
Dam ity Attorney
•
•
•
•
1
INSTRUMENT#: 2019033383 OR BK 5254 PG 1636 PAGES: 4 3/27/2019 10:55:43 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $35. 50
EASEMENT FOR USE
FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) in hand paid,
and other good and valuable consideration, receipt of which is hereby acknowledged, CITY OF
CLERMONT, a Florida Municipal Corporation, whose address is 685 West Montrose Street,
Clermont, FL 34711 ("Grantor"),hereby grants unto THE ART DISTRICT LLC whose address
is P.O. Box 120788, Clermont, FL. 34712 ("Grantee"), its successors and assigns, a perpetual,
non-exclusive easement, right, license and privilege for the improvement and use, of that certain
public access property owned by City as more particularly described in Exhibit "A" attached
hereto and incorporated herein, hereinafter referred to as the "Art Walk". The right granted
herein, shall include, air rights commencing seven (7) feet above the Art Walk for The Art
District, LLC's Art Building improvements and related fixtures including but not limited to signs
and fans.
This easement,right, license and privilege shall he for the benefit of and is appurtenant to
the Grantee's Property more particularly described in Exhibit "B" attached hereto and
incorporated herein. The easement right, license and privilege granted herein shall run with the
land comprising the Grantee's Property, shall bind the Grantor and successors and assigns of the
Grantors, and shall inure to the benefit of the Grantee and successors and assigns of the Grantee.
Signed, sealed and delivered
in the presence of:
WITNESSES:
444
Print 'ame: G . ' • 5 V D • . ,Cit anager
City of Clermont,Florida
Print Name:1-G, �'' ,1� k y a h iaa y,Yy '':
/ ATTES k-...:,.•:A4'.,:„),.,, .. ;� _:;._
,. '_ .1:;.: T :per.
Tracy Ackroyd Howe,City Clerk ; :� y`..'
SEAL : ..:i,.._ .". -
44.1
STATE OF Florida ..fr +,� ,.�; T_.
orida 4.. . _
COUNTY OF Lake -::.""`f ".;:i �.
I
Swo to and subscribed before me this c)5 day of March, 2018 by Darren Gray, City
Manager ]who is personally known to me or [ ] who produced a valid Driver's License as
identificat'on
$•tPR Debra M.Ryb2trry� p �� �� �
oP et NOTARY PUg1tC itiabIZA, l r . I`e C/
o •:' ESTATE OF FL0RlDA Notary Public Q
r�1 . �13=Cornet#cG172570
E Printed Name: ra. m . wk r Gly
xptres 1/4/2022 My Commission Expires: I/ill baa
Page 1 of 4
eRecorded: ,')1,9`7J a.0J y
INSTRUMENT# 2019033383 OR BOOK 5254/PAGE 1637 PAGE 2 of 4
•
WITNESSES:
The Art District,LLC,a Florida limited liability
corn any
By: RH IT, Inc. . • , ,••e . 'on
.44
'rint Name: Donna. L. Divine Jays, IPP-gfellow, President
V d XtiIL �J![ ,[�A 1 `SdJLIJC IJ
Print Name: Anita Geraci-Carver
State of Florida
County of Lake
SWORN TO AND SUBSCRIBED before me this Jay of March, 2019,by Jayson A.
Stringfellow, President of RHOT, Inc., a corporation, on behalf of the limited liability company
for The Art District, LLC. He [X] is personally known to me or [ ] who produced a valid
Driver's License as identification and who did/did not take an oath.
ivr� 11Za v
GONNA L.DIVINE ary Public
NOTARY PUBLIC Printed Name:Donna L. Divine
:�
f STATE OF FLORIDA My Commission Expires: 2/9/2023
.. Con n#GG287O.s
Expires 2/9/2023
Page 2 of 4
INSTRUMENT# 2019033383 OR BOOK 5254/PAGE 1638 PAGE 3 of 4
EXHIBIT"A"
(The City of Clermont's Property)
The East 18.00 feet of the West 20.00 feet of the East 33.00 feet of said Lot 14,Block 80,
OFFICIAL MAP OF THE CITY OF CLERMONT,according to the map or plat thereof as
recorded in Plat Book 8, Page 17,Public Records of Lake County,Florida.
Page 3 of 4
. INSTRUMENT# 2019033383 OR BOOK 5254/PAGE 1639 PAGE 4 of 4
•
EXHIBIT"B"
(The Art District LLC's Property)
Lot 11, Block 80, OFFICIAL MAP OF THE CITY OF CLERMONT, according
to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County,Florida.
AND
The West 20.00 feet of Lot 12, Block 80, OFFICIAL MAP OF THE CITY OF
CLERMONT, according to the map or plat thereof as recorded in Plat Book 8,
Page 17, Public Records of Lake County, Florida.
LESS the East 0.45 feet of the South 61.99 feet thereof.
AND
The East 33.00 feet of Lot 14, Block 80, OFFICIAL MAP OF THE CITY OF
CLERMONT, according to the map or plat thereof as recorded in Plat Book 8,
Page 17,Public Records of Lake County, Florida.
LESS the East 18.00 feet of the West 20.00 feet of the East 33.00 feet of said Lot
14,Block 80.
Page 4 of 4
r
INSTRUMENT#: 2019033381 OR BK 5254 PG 1628 PAGES: 3 3/27/2019 10: 55:43 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $27 . 00
TERMINATION OF AGREEMENT
This TERMINATION OF AGREEMENT is declared on this 15th day of March, 2019 by
the CITY OF CLERMONT,a Florida Municipal Corporation("City").
1. Mattie T. Cook and the City of Clermont entered into that certain Agreement
recorded on December 22, 1961 in Official Records Book 185, Page 278, in the Public Records
of Lake County,Florida(the"Agreement").
2, The City owns both Parcel No. I and Parcel No. 2 described in the Agreement,
and more particularly described in Exhibit A attached hereto and incorporated herein (the
"Property"). Therefore, the Agreement can be terminated. It is the City's desire to terminate the
Agreement.
3. The City hereby declares that the Agreement recorded December 22, 1961, in
Official Records Book 185, Page 278, in the Public Records of Lake County, Florida and any
and all other agreements, if any, relating to the Property between City of Clermont and Mattie T.
Cook shall be and is terminated effective as of March 15, 2019.
4. The City hereby represents and warrants it has the power and authority to execute
this Termination Agreement.
WITNESSES:
City of Clermont,a Florida Municipal Corporation,
�� % /4. BY /1kr/
Pn Name:L -.A Alt41,0 F D. Inv, - tety anager
Print Name: 1"Alraqtcrcz-1,K
ATTEST:
0.0
Tray Ackroyd owe,City Clerk
' '_ NOTARY TO FOLLOW
lR r�'�'y-i:'i:'•
1
eRecorded:31 a271 a`t t q
INSTRUMENT# 2019033381 OR BOOK 5254/PAGE 1629 PAGE 2 of 3
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was sworn to and subscribed before me this c15 day of March, 2019
by Darren Gray, City Manager of City of Clermont, a Florida Municipal Corporation, on behalf
of said firm. He�j(} is personally known or[ )has produced a driver's license as identification.
tillivc 0 Dabra M.Rybarczyk NotaryC� G�
•,r:, • NOTARY PUBLIC
".STATE OF FLORIDA Printed Name:TQ,br&c, m• 5-ykxn-tzik
`• , .Cant#GG172570 My Commission Expires: I `- �a
'' 90 Expires 1/4/2022 I
2
•
INSTRTJMENT# 2019033381 OR BOOK 5254/PAGE 1630 PAGE 3 of 3
EXHIBIT A
Parcel No. 1: West 6 feet of East 33 feet of Lot 14,Block 80;
Parcel No. 2: East 27 feet of Lot 14; and,the West 20 feet of Lot 12, Block 80;
ALL ccording to the Official Map of the City of Clermont, filed 2/4/26 and recorded inn Plat
Book 8,Pages 17-23,inclusive,Public Records of Lake County,Florida.
•
3
CORRECTED (if checked)
FILERS name,street address,city or town,state or province,country.ZIP 1 Date of closing OMB No.1545-0997
or foreign postal code,and telephone number
Law Office of Anita Geraci-Carver,P.A. 03/15/2019
1560 Bloxam Avenue 2019 Proceeds From Real
Clermont, FL 34711 2 Gross proceeds Estate Transactions
(352)243-2801 $ 148,454.65 I Form 1099-S
FILER'S TIN TRANSFEROR'S TIN 3 Address(including city,state,and ZIP code)or legal description Copy B
20-8001856 59- (000 o a 90 South 8th St Clermont,FL 34711 For Transferor
TRANSFERORS name
This is important tax
City of Clermont,a Florida Municipal Corporation Information and is being
furnished to the IRS.If
4 Transferor received or will receive propertyor services you are requiredn, lenfile a
Street address(including apt.no.) - return,a negligence
685 West Montrose Street as part of the consideration(If checked) . . . penalty or other
sanction may be
City or town,state or province,country,and ZIP or foreign postal code 5 If checked,transferor is a foreign person(nonresident imposed on you if this
alien,foreign partnership,foreign estate,or foreign f--1 item is required to be
Clermont,FL 34711trust) L_I reported and the IRS
determines that it has
Account number(see instructions) 6 Buyer's part of real estate tax not been reported.
00025-058A $ _
Form 1099-S (keep for your records) www.irs.gov/form1099s Department of the Treasury-Internal Revenue Service
Instructions for Transferor
For sales or exchanges of certain real estate,the person responsible for closing Account number. May show an account or other unique number the filer
a real estate transaction must report the real estate proceeds to the IRS and assigned to distinguish your account.
must furnish this statement to you.To determine if you have to report the sale or Box 1. Shows the date of closing.
exchange of your main home on your tax return,see the instructions for Box 2. Shows the gross proceeds from a real estate transaction,generally the
Schedule D(Form 1040).If the real estate was not your main home,report the sales price.Gross proceeds include cash and notes payable to you,notes
transaction on Form 4797,Form 6252,and/or the Schedule D for the assumed by the transferee(buyer),and any notes paid off at settlement.Box 2
appropriate income tax form.If box 4 is checked and you received or will does not include the value of other property or services you received or will
receive like-kind property,you must file Form 8824. receive.See Box 4.
Federal mortgage subsidy. You may have to recapture(pay back)all o•part of Box 3. Shows the address or legal description of the property transferred.
a federal mortgage subsidy if all the following apply. Box 4. If marked,shows that you received or will receive services or property
•You received a loan provided from the proceeds of a qualified mortgage bond (other than cash or notes)as part of the consideration for the property
or you received a mortgage credit certificate. transferred.The value of any services or property(other than cash or notes)is
•Your original mortgage loan was provided after 1990. not included in box 2.
•You sold or disposed of your home at a gain during the first 9 years after you Box 5. If checked,shows that you are a foreign person(nonresident alien,
received the federal mortgage subsidy. foreign partnership,foreign estate,or foreign trust).
•Your income for the year you sold or disposed of your home was over a Box 6. Shows certain real estate tax on a residence charged to the buyer at
specified amount. settlement.If you have already paid the real estate tax for the period that
This will increase your tax.See Form 8828 and Pub.523. includes the sale date,subtract the amount in box 6 from the amount already
Transferor's taxpayer identification number(TIN). For your protection,this paid to determine your deductible real estate tax.But if you have already
form may show only the last four digits of your TIN(social security number deducted the real estate fax in a prior year,generally report this amount as
(SSN),individual taxpayer identification number(ITIN),adoption taxpayer income on the-Other income"line of the appropriate Income tax form.For more
identification number(ATIN),or employer identification number(EIN)).However,the information,see Pub.523,Pub.525,and Pub.530.
issuer has reported your complete TIN to the IRS.
YOU ARE REQUIRED BY LAW to provide your correct taxpayer name and identification number for the transaction described
above to Law Office of Anita Geraci-Carver, P.A..
If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by
law.
UNDER PENALTIES OF PERJURY, I certify that the number shown on this statement is my correct taxpayer identification number.
I acknowledge that I have received a copy of this statement.
•;
. /
Seller p
Seller
Seller I Seller
DoubleTime®
NO TENANT
AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared DARREN GRAY, City
Manager of CITY OF CLERMONT, being first duly sworn, deposes and says:
1. The property located at West Minneola Avenue and South 8`i' Street, Clermont, FL
34711, Parcel No. 24-22-25-0100-080-0110 and a portion of Parcel No. 24-22-25-
0100-080-01201, is vacant land with no tenants in possession or under lease.
FURTHER AFFIANT SAYETH NOT.
Dated this 15th day of March, 2019.
`'/
D..# !.r. , City anager
C of Clermont
STATE OF Florida
COUNTY OF Lake
Swo to.and subscribed before me this d5 day of March, 2018 by Darren Gray, City
Manager, ] who is personally known to me or [ ] who produced a valid Driver's License as
identification
Debra M.Rybarczyk
NOTARY PUBLIC f,I� �,�
r ' STATE OF FLORIDA. �l N✓u
, _ , Comrn#GG172570 Notary Public �2
841'E11, Expires 1/4/2022 Printed Name: braff. botrczVIL
My Commission Expires: 1/ N ' 0a a
1
Closing Affidavit
(Seller)
Before me,the undersigned authority,personally appeared the undersigned("Affiant"),who being by me first duly •
sworn,on oath,depose(s)and say(s)that:
1. City of Clermont, a Florida Municipal Corporation ("Seller"), is the owner of and is selling the following
described property to The Art District LLC("Buyer"),to wit:
Lot 11,Block 80,OFFICIAL MAP OF THE CITY OF CLERMONT,according to the map or plat thereof
as recorded in Plat Book 8,Page 17,Public Records of Lake County,Florida.
AND
The West 20.00 feet of Lot 12,Block 80,OFFICIAL MAP OF THE CITY OF CLERMONT,according the
map or plat thereof as recorded in Plat Book 8,Page 17,Public Records of Lake County,Florida.
LESS the East 0.45 feet of the South 61.99 feet thereof.
AND
The East 33.00 feet of Lot 14,Block 80,OFFICIAL MAP OF THE CITY OF CLERMONT,according to
the map or plat thereof as recorded in Plat Book 8,Page 17,Public Records of Lake County,Florida.
LESS the East 18.00 feet of the West 20.00 feet of the East 33.00 feet of said Lot 14,Block 80.
2. The above described property is free and clear of all liens,taxes,encumbrances and claims of every kind,nature
and description of record whatsoever,except for mortgage or mortgages,if any,described in the Deed and except
for real estate and personal property taxes for the year 2019,which are not yet due and payable.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described
property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for
repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no
mechanic's,materialmen's,or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Lake County, Florida subsequent to
11/18/2018,which affect title to the Property and Seller has not entered into any contracts for the sale,disposition
or leasing of the Property since said date except as may have been disclosed to Law Office of Anita Geraci-
Carver,P.A.in writing,and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property,or on the said premises, and which, if any, is
being sold free and clear of all liens,encumbrances, claims and demands whatsoever. The Seller knows of no
violations of Municipal or County Ordinances pertaining to the above described property.No judgment or decree
has been entered in any court in this State or the United States against said Seller which remains unsatisfied.There
are no persons other than Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures
used in making the prorations used in closing the transfer and conveyance of the above described property to said
buyers,then a new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property
between the effective date of commitment and the recording of the interest to be insured. Seller has not and will
not execute any instruments that would adversely affect the interest to be insured.
ds
8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and
undisturbed,and have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property,and the operation of any buildings on said
property has been in compliance with the applicable building codes,ordinances and statutes.
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in
applicable zoning laws concerning said property within the past ninety(90)days.
11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party,
including but not limited to,proceedings in bankruptcy,receivership or insolvency,nor are there any judgments,
bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said
property.
12. There are no unrecorded easements, claims of easement or rights-of-way affecting all or any portion of the
property.
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real
property interest must withhold tax if the Seller is a foreign person.To inform the Buyer that withholding of tax
is not required upon purchase of the above described property,Seller certifies the following:
A. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or
foreign estate for purposes of United States federal income taxation.
B. Seller's U.S.Taxpayer Identification Number is 5 ci- 6000 a9 o .
C. Seller's address is:685 West Montrose Street,Clermont,FL 34711.
D. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in
connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands
this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements
contained in this certification may be punished by fine,imprisonment or both.Seller has the authority to sign this
affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that
this declaration was carefully read and is true and correct.
t
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above
referenced property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old
Republic National Title Insurance Company to issue title insurance on the subject property, with the
knowledge that said title companies arc relying upon the statements set forth herein. Seller hereby holds Law
Office of Anita Geraci-Carver,P.A.and Old Republic National Title Insurance Company harmless and fully
indemnifies same(including but not limited to attorneys'fees,whether suit be brought or not,and at trial and all
appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and"Buyer" include singular or plural as context so requires or admits. Seller further states
that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United
States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller
further certifies that he/she has read,or heard read,the full facts of this Affidavit and understands its context.
Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
City of Cle ont,a Florida Municipal Corporation
By: 1 /
D. tip anager
I
State of Florida
County of Lake
The foregoing instrument was sworn to and subscribed before me this 15th day of M ch,2019 by Darren Gray,City Manager
of City of Clermont,a Florida Municipal Corporation,on behalf of said firm. He is personally known or[ ]has produced
a driver's license as identification.
gym . 10-4- 4V1et4
[Notary Seal] Notary Public
OAR Debra M.RyoarczPUBLIC '.c,bra� M. alba%zyc
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� NOTARY PUBLICPrinted Name:'=STATE OF FLORIDA
Yr. Como*GG172570 My Commission Expires: I j ao a
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Closing Affidavit
(Buyer)
Before me, the undersigned authority,personally appeared the undersigned ("Affiant"), who being by me first duly sworn,
on oath,depose(s)and say(s)that:
1. The Art District LLC ("Buyer"), is purchasing the following described property from City of Clermont, a Florida
municipal corporation("Seller"),to wit:
Lot 11, Block 80,OFFICIAL MAP OF THE CITY OF CLERMONT, according to the map or plat thereof as
recorded in Plat Book 8,Page 17,Public Records of Lake County,Florida.
AND
The West 20.00 feet of Lot 12, Block 80,OFFICIAL MAP OF THE CITY OF CLERMONT,according to the
map or plat thereof as recorded in Plat Book 8, Page 17,Public Records of Lake County,Florida.
LESS the East 0.45 feet of the South 61.99 feet thereof.
AND
The East 33.00 feet of Lot 14, Block 80, OFFICIAL MAP OF THE CITY OF CLERMONT,according to the
map or plat thereof as recorded in Plot Book 8, Page 17,Public Records of Lake County,Florida.
LESS the East 18.00 feet of the West 20.00 feet of the East 33.00 feet of said Lot 14,Block 80
2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of
legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise
• to a lien that would attach to the property prior to the recording of the interests to be insured,and Buyer has not and will
not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be
insured.There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect
to Buyer.
3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain
unpaid; (b)there are no actual or potential mechanic's, materialmen's,or laborer's liens against the property; (c)there are
no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any
contract to purchase,option to purchase,right of first refusal,or other potential claim of right to purchase the property.
4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to
the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature
whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or
does create a cloud on the title to the subject property.
5. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any
instruments that would adversely affect the interest to be insured.
6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but not limited to,proceedings in bankruptcy,receivership or insolvency,nor are there any judgments,bankruptcies, liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein.
8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company
harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at
trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the
File Number:00025-058A DoubleTimeo
1 ff
a
•
nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely
swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit
and understands its context.
Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
The'�Crt Distric LC
(By:-RHOT,Inc,,a corporation
Jayso/, . tringfellow,President
rr
(CorpoIte Seal)
State of Florida
County of Lake
The foregoing instrument was sworn to and subscribed before me this 25th day of March, 2019 by Jayson A. Stringfellow,
President of RHOT, Inc., a corporation, on behalf of the limited liability company for The Art District LLC. He [j is
personally known to me or[X]has produced a driver's license as identification.
[Notary Seal] 'otary Public
eftDONNA L.DIVINE Printed Name: own) / _ 7,C
�, NOTARY PUBLICt.
• .411r
, _STATE OF FLORIDA My Commission Expires: p�-/ y/ J i)013
Comm#GG287043 f!
Expires 2/9/2023
Closing Affidavit(Buyer)-Page 2
File Number:00025-058A DoubleTime®
Prepared by and return to:
Anita Geraci-Carver
Law Office of Anita Geraci-Carver,P.A.
1560 Bloxam Avenue
Clermont,Florida 34711
(352)243-2801
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE
BEFORE ME, the undersigned duly authorized to administer oaths, personally
appeared JAYSON A. STRINGFELLOW to me known to be the person(s) who
executed this Affidavit, who being duly sworn, depose(s) and say(s) the following:
1. RHOT, Inc. is the Member Manager of The Art District, LLC, a Florida
limited liability company.
2. The Art District, LLC, is a Florida limited liability company in good
standing as of the date of this affidavit. The Art District, LLC is a
member-managed limited liability company.
3. On the date this affidavit is executed The Art District, LLC has only one
member. The sole member is RHOT, Inc.
4. The following entity is authorized to execute documents on behalf of The
Art District, LLC
RHOT, Inc., Member Manager
5. Jayson Stringfellow as President of RHOT, Inc. is authorized to execute
documents on behalf of RHOT, Inc.
6. This affidavit is made with regard to the following described property:
Please see attached Exhibit A
7. This Affidavit is given as an inducement to The Fund and any of its agents
or insureds, to issue and accept policies of the title insurance based on
instruments signed by Affiant(s).
8. I further state that I am familiar with the nature of this oath and with the
penalties by law for falsely swearing to statements made in an instrument
of this nature; that under the penalties of perjury, the above statements are
true and correct.
1
• •
FURTHER, AFFIANT(S) SAITH NOT.
WITNESSES:
The Art District, LLC, a Florida limited
liability company
By: RHO , Inc., a Florida corporation
GAVYit ti. 5 - GA/Jo.)
r
Print Name: Jayson . :t ngferlow, President
-P nt Name:
State of Florida
County of Lake
SWORN TO AND SUBSCRIBED before me this 25th day of March, 2019, by
Jayson A. Stringfellow, President of RHOT, Inc., a corporation, on behalf of the limited
liability company for The Art District, LLC. He [X] is personally known to me or [ ]
who produced a valid Driver's License as identification and who did/did not take an oath.
•
/
P
DONNA L.DIVINE otary Public
ot�Y Printed Name: Donna L. Divine
NOTARY PUBLIC
;STATE OF FLORIDA My Commission Expires: 2/9/2023
• �,. , Comm#GG287043
I. Expires 2/9/2023
Exhibit A
Lot 11, Block 80, OFFICIAL MAP OF THE CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17,
Public Records of Lake County, Florida.
AND
The West 20.00 feet of Lot 12, Block 80, OFFICIAL MAP OF THE CITY
OF CLERMONT, according to the map or plat thereof as recorded in Plat
Book 8, Page 17, Public Records of Lake County, Florida.
LESS the East 0.45 feet of the South 61.99 feet thereof.
AND
The East 33.00 feet of Lot 14, Block 80, OFFICIAL MAP OF THE CITY
OF CLERMONT, according to the map or plat thereof as recorded in Plat
Book 8, Page 17, Public Records of Lake County, Florida.
LESS the East 18.00 feet of the West 20.00 feet of the East 33.00 feet of
said Lot 14, Block 80.
2
:. /
Error And Omissions/Compliance Agreement
Seller: City of Clermont, a Florida Municipal Corporation
Buyer: The Art District, LLC, a Florida limited liability company
Property: Parcel No. 24-22-25-0100-080-01100 and a portion of Parcel No. 24-22-25-0100-
080-01201, Clermont, FL 34711
Closing Date: March 15, 2019
The undersigned for and in consideration of the above-referenced closing, this date agrees, if
requested by Closing Agent, to fully cooperate and adjust for clerical errors, omissions, mistakes,
or corrections required on any or all closing documentation if deemed necessary or desirable in the
reasonable discretion of Closing Agent, including but not limited to re-executing documents.
The undersigned do hereby so agree and covenant in order to assure that the closing documentation
executed this date will conform and be acceptable.
EFFECTIVE DATE: March 15, 2019
City of Clermont, a Florida Municipal Corporation
„Ei
By:
DI Cr , ity anager
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this a 5 day of March, 2019 by Darren
Gray, City Manager, [7(.] who is personally known or [ ] produced a valid driver's license as
identification. ��
Apucm .
Notary Public 12‘1#11411C
(Notary Seal) Printed Name: .hrQ, (fl. {b a r&LV k
�0„0.a Debra M.Rybarcxyk My Commission Expires: 1/4-1 a l0 A k
cr�. .
NOTARY PUBLIC
c •- ;r:, 5.;STATE OF FLORID:
s� ,.� Comm#GG172570
49ci`'� Expires 1/4/2022
iip
The Art District, LLC, a Florida limited liability
comp. m
i
By: RHOT Inc., a corporation
Jayson '• : - ow, President
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this 25th day of March, 2019 by Jayson
A. Stringfellow,President of RHOT, Inc.,a corporation,on behalf of the limited liability company
for The Art District, LLC. He [X] is personally known or[ ] produced a valid driver's license as
identification.
i
40.x,. _ O . LA
411110r. Public
(Notary Seal) Printed Name: Donna L. Divine
�otARy, DONNA L.DIVINE My Commission Expires: 2/9/2023
Q o� NOTARY PUBLIC
o f ESTATE OF FLORIDA
"..: 'e Comm#GG287043
4.0lol‘bExpires 2/9/2023