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Contract 2021-002AVacant Land Contract _ Rpri l orC 1* 1, Sate and Purchase: JOSEF TRAPP & Weena Trapp ("Setter") 2• and The City of Clermont _ ("Buyer") 3 (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Property") 4 described as: 5* Address: 1146 LAKE bEENNEOLA DR CLEMe NT FL 34711-2094 6* Legal Description: 7 Parcel fir: 23-22-25-0400-217-01600 $ CLRRl4DW, JOWEMIS vrmnT LOTS 16, 17 SLT. 117 PS 8 PG 71 ORB 2632 PG 631 liND Parcel Number: 23-22-25-0405-0400-117-D180a V 10 CLWaSMT, Jo@7SMIS REPLAT LOT 18, sra 117 PS 6 PG 71 ORB 2632 PG 631 11- SEC JTWP / /RNG _ of rake County, Florida. Real Property ID No.: 23-22-26- 04 00-117-01600 12+ including all improvements existing on the Property and the following additional property: 13 14* 2. Purchase Price: (U.S. currency)................................................................................................ $ 350,000.00 15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 166 Escrow Agent's Name: Scott WY= 17* Escrow Agent's Contact Person: Michelle Treanor 18= Escrow Agent's Address: 304 East Broad Street Groveland FL 34736 19* Escrow Agent's Phone: (352) 429-2185 20* Escrow Agent's Email: wssrlawoffice@gmali-com 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22- Q accompanies offer 23* © will be delivered to Escrow Agent within days (3 days if left blank) 24• after Effective Date............................................................................................................... S 1,000.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26* ❑ within days (10 days if left blank) after Effective Date 27• a within days (3 days if left blank) after expiration of Feasibility Study Period....... $ 28* (c) Total Financing (see Paragraph 6) (express as a dollar amount or percentage) ................. $ 29• (d) Other: .......... $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31 to be paid at closing by wire transfer or other Collected funds ............................................. $ 349, 000.00 32' (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33* unit used to determine the purchase price is 0 lot 0 acre 0 square foot ❑ other (specify): 34* prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 8(c). The following rights of way and other areas will be excluded from the 37- calculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39' delivered to all parties on or before 1/15/2021 , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter-offer will be 3 days after the date the counter-offer is. 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer has 42 signed or initialed and delivered this offer or the final counter-offer. 43` 4, Closing Hate: This transaction will dose on 4/13/2021 ("Closing Date"), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, but 45 not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not dose for any reason, Buyer will immediately return all Seller provided documents and 50 other items. 51 5. Extension of Closing Date: If Paragraph 6(b) is checked and Closing Funds from Buyer's lender(s) are not 52 available on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements Buyer (_—) (_) and Seller (,L (9) acknowledge receipt of a copy of this page, which is 1 of 8 pages. VAC-13 Rev 2120 =20 Rorida ReattorsO This software is licensed to [Micki Blackburn - MICKI BLACKBURN REALTY] www. transactiondesk . coffi_ 53 54 55 56 57 - 58 59 60 fit 62 63 64 65 66. 67 68 69 70 71- 72 t 73 74 75 76 77 78 79 80 81 82 83 • 84 • 85 86 87 88 89 . 90, 91 92 ("CFPB Requirements), if applicable, then Closing Date shall be extended for such period necessary to satisfy CFPB Requirements, provided such period shall not exceed 10 days. 6. Financing: (Check as applicable) (a) X Buyer will pay cash for the Property with no financing contingency. (b) 0 This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approvals) specified below ("Financing") within days after Effective Hate (Closing Date or 30 days after Effective Date, whichever occurs first, if left blank) ("Financing Period"). Buyer will apply for Financing within days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, and other information required by the tender. If Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be returned. (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ or % of the purchase price at (Check fine) 0 a fixed rate not exceeding % 0 an adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such information to Seller and Broker. (2) 0 Seller Financing: Buyer will execute a ❑ first 0 second purchase money note and mortgage to Seller in the amount of $ bearing annual interest at % and payable as follows: The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller to obtain credit, employment, and other necessary information to determine creditworthiness for the financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not Seller will make the loan. (3) 0 Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to i_ld# - in the approximate amount of $ currently payable at $ per month, including principal, interest, 0 taxes and insurance, and having a 0 fixed ❑ other (describe) interest rate of % which 0 will ❑ will not escalate upon assumption. Any variance in the mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or the assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 93 ` 7. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 94 • contract, 0 may assign but not be released from liability under this contract, or 0 may not assign this contract 95 • S. Title: Seller has the legal capacity to and will convey marketable title to the Property by 0 statutory warranty 96 • deed X special warranty deed ❑ other (specify) . free of liens, easements, 97 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 98 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (fist any 99 A other matters to which title will be subject) 100 provided there exists at closing no violation of the foregoing. 101 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and pay 102 for the title search, including tax and lien search (including municipal lien search) if performed, and all other 103 fees charged by closing agent. Seller will deliver to Buyer, at 104 • (Check one) JI Seller's 0 Buyer's expense and 105 - (Check one) 0 within days after Effective Date 0 at least days before Closing Date, 106 (Check one) 107 • (1) 0 a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 108 discharged by Seiler at or before closing and, upon Buyer recording the deed, an owners policy in the Buyer (_� (,� and Seller) acknowledge receipt of a copy of this page, which is 2 of 8 pages. VAC-13 Rev 2/20 C2020 Florida Realtors This software is Ucensed to [Hicki Blackburn - MICKI RLACXBURN REALTY] www.transactiondesk_cam. �AAC 109 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 110 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 111 Buyer within 15 days after Effective Date. 112 • (2) 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 113 existing firm_ However, if such an abstract is not available to Seller, then a prior owner's title policy 114 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will 115 include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 116 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 117 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 118 then (1) above will be the title evidence. 119 • (b) Title Examination: After receipt of the title evidence, Buyer will, within 10 days (10 days if left blank) but 120 no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable to 121 Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and Seller 122, cures the defects within days (30 days if left blank) ("Cure Period") after receipt of the notice. If the 123 defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice of 124 such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within 125 the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after receipt of 126 notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept title subject 127 to existing defects and close the transaction without reduction in purchase price. 128 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 129 Seller, within 5 days after receiving survey but not later than 5 days before Closing gate, of any 130 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 131 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 132 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 8(b). 133 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 134 9. Property Condition; Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 135 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 136 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 137 (a) Inspections: (Check (1) or (2)) 138 b (1) 10 Feasibility Study: Buyer will, at Buyer's expense and within 60 days (30 days if left blank) 139 ('Feasibility Study Period") after Effective Date and in Buyer's sole and absolute discretion, determine 140 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer may 141 conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and investigations 142 ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's 143 engineering, architectural, and environmental properties; zoning and zoning restrictions; subdivision 144 statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with 145 local, state, and regional growth management plans; availability of permits, government approvals, and 146 licenses; and other inspections that Buyer deems appropriate. If the Property must be rezoned, Buyer will 147 obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is 148 required to file in connection with development or rezoning approvals. Seiler gives Buyer, its agents, 149 contractors, and assigns, the right to enter the Property at any time during the Feasibility Study Period for 150 the purpose of conducting Inspections, provided, however, that Buyer, its agents, contractors, and assigns 151 enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller 152 harmless from losses, damages, costs, claims, and expenses of any nature, including attorneys' fees, 153 expenses, and liability incurred in application for rezoning or related proceedings, and from liability to any 154 person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will 155 not engage in any activity that could result in a construction lien being filed against the Property without 156 Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (i) repair 157 all damages to the Property resulting from the Inspections and return the Property to the condition it was in 158 before conducting the Inspections and (ii) release to Seller all reports and other work generated as a 159 result of the inspections. 160 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 161 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 162 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 163 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 164 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. Buyer ( (_) and Seiler 4 3j �Ia acknowledge receipt of a copy of this page, which is 3 of 8 pages. VAC-13 Rev 2120 Q2020 Florida Realtors® This software is licensed to [Micki Blackburn - MICKI BLACKBURN REALTY] www.transactiondesk.com. t..ea......+�..o,. 165 • (2) © No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 166 being satisfied that either public sewerage and water are available to the Property or the Property will be 167 approved for the installation of a well and/or private sewerage disposal system and that existing zoning 168 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 169 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 170 contingent on Buyer conducting any further investigations. 171 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 172 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 173 expired or if Paragraph 9(a)(2) is selected. 174 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government agencies 175 which flood zone the Property is in, whether flood insurance is required, and what restrictions apply to 176 improving the Property and rebuilding in the event of casualty. 177 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the CCCL as 178 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 179 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 180 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 181 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 182 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 183 Department of Environmental Protection, including whether there are significant erosion conditions associated 184 with the shore line of the Property being purchased. 1854 0 Buyer waives the right to receive a CCCL affidavit or survey. 186 10. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 187 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 188 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to 189 Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 190 Broker as per Paragraph 21. In addition to other expenses provided in this contract, Seller and Buyer will pay the 191 costs indicated below. 192 (a) Seller Costs: 193 Taxes on deed 194, Recording fees for documents needed to cure title 195 Title evidence (if applicable under Paragraph 8) 1964 Estoppel Fee(s) 197— Other: Recordin fees on the deed and f inanq#A statestients 198 (b) Buyer Costs: 199 Taxes and recording fees on notes and mortgages 200 201 Loam expenses 202 Title evidence (if applicable under Paragraph 8) 203 Lender's title policy at the simultaneous issue rate 204 inspections 205 Survey 206 Insurance 207* Other-, 208 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 209 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, and 210 other Property expenses and revenues. If taxes and assessments for the current year cannot be determined, 211 the previous years rates will be used with adjustment for any exemptions. 212 (d) Special Assessment by Public Body. Regarding special assessments imposed by a public body, Seller will 213 pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount of the 214 last estimate of the assessment if an improvement is substantially completed as of Effective Date but has not 215 resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be paid in 216• installments, ❑ Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 217 checked, Seiler will pay the assessment in full before or at the time of closing. Public body does not include a 216 Homeowners' or Condominium Association. 219 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 220 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 221 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY Buyer (_) (_)and Seller '-i )acknowledge receipt of a copy of this page, which is 4 of 8 pages. VAC-13 Rev 2120 02020 Florida Reaft=N) This software is licensed to [ldicki Blackburn - MICK2 BLACKBURN REALTY] www.transactiondesk.com. 222 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 223 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 224 COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. 225 (f) Foreign Investment in Real Property Tax Act ("FIRPTA"): If Seller is a "foreign person" as defined by 226 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 227 closing. 226 (g) 1031 Exchange: if either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 229 closing or after) under Section 1031 of the Internal Revenue Code (°Exchange"), the other party will cooperate 230 in all reasonable respects to effectuate the Exchange including executing documents, provided, however, that 231 the cooperating party will incur no liability or cost related to the Exchange and that the closing will not be 232 contingent upon, extended, or delayed by the Exchange. 233 11. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 234 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 235 holidays specified in 5 U.S.C. 6103(a). Other than time for acceptance and Effective Date as set forth in Paragraph 236 3, any time periods provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or 237 inserted herein, which shall end or occur on a Saturday, Sunday, or national legal holiday (see 5 U.S.C. 6103) 238 shall extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 239 this contract. 240 12. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 241 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 242 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 243 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification. 244 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and receive 245 all payments made by the governmental authority or insurance company, if any. 246 13. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 247 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 248 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 249 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 250 within the control of Seller or Buyer and which by the exercise of due diligence the non -performing party is unable 251 in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for the period 252 that the act of God or force majeure is in place. However, in the event that such act of God or force majeure event 253 continues beyond 30 days, either party may terminate this contract by delivering written notice to the other, and 254 Buyer's deposit(s) will be returned. 255 14. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 256 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 257* this contract, regarding any contingency will render that contingency null and void, and this contract will 258 be construed as if the contingency did not exist, Any notice, document, or item delivered to or received by 259 an attorney or licensee (including a transactions broker) representing a party will be as effective as if 260` delivered to or received by that party. 261; 15. Complete Agreement; Persons Bound: This contract is the entire agreement between Seiler and Buyer. 262• Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker unless 263* incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed or 264 initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 265 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 266= communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 267„ Handwritten or typewritten terns inserted in or attached to this contract prevail over preprinted terms. If any 268 provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully 269 effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. This 270" contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular or 271 plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 272 permitted, of Seller, Buyer, and Broker. 273 16. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 274 closing or termination of this contract. 275 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 276 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting Buyer (T) �_} and Seller t�f)� )acknowledge receipt of a copy of this page, which is 5 of 8 pages. VAC-13 Rev 2120 Q2020 Florida Realtors© This software is licensed to [Micki Blackburn - MICKI BLACKBURN REALTY] 277 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be 278 liable for the full amount of the brokerage fee. 279 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 280 including payment of deposits), within the time(s) specified, Seller may elect to recover and retain the 281 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 282 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 283 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 284 equity to enforce Seller's rights under this contract. 285 17. Attorney's Fees; Costs: 1n any litigation permitted by this Contract, the prevailing party shall be entitled to 286 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 287 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 288 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and dosing agent (collectively 289 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 290 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 291 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 292 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person 293 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this 294 contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees 295 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed 296 funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 297 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 298 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this 299 contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 301 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 302 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 303 representations or public records_ Buyer agrees to rely solely on Seller, professional inspectors, and 304 government agencies for verification of the Property condition and facts that materially affect Property 305 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 306 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 307 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 308 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 309 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 310 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 311 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 312 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 313 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 314 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 315 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 316 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 317 This Paragraph will survive closing. 318 20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 319 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Deal Estate Sales 320 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 321 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 322 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 323 21. Brokers: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to 324 closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage 325 fees as specified in separate brokerage agreements with the parties and cooperative agreements between the 326 Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be 327 used to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brokers. 3285 329Q 330 Joe W. Patterson 3311414 331 Seller's Sales Associate/License No. Buyers Sales Associate/License No. Buyer () ( _) and Seiler ( j� acknowledge receipt of a copy of this page, which is 6 of 8 pages. VAC-13 Rev 2120 4�2020 Florkia Realtors@ This software is licensed to [Micki Blackburn - MICKI BLACITMN REALTY] www tranfsari irsne9ack neon .__._.._ _'eno++e• 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347• W. 349 350* 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 joepa734@gRaail.com Seller's Sales Associate Email Address 352-272-5802 Seller's Sales Associate Phone Number MICKI BLACKBURN REALTY INC Listing Brokerage 450 East Hwy 50 /1 CLER14ONT FL 34711 Listing Brokerage Address Buyer's Sales Associate Email Address Buyer's Sales Associate Phone Number Buyer's Brokerage Buyer's Brokerage Address 22. Addenda: The following additional terms are included in the attached addenda and incorporated into this Contract (Check if applicable): ❑ A. Back-up Contract ❑ B. Other 23. Additional Terms: Contingent on City approval 366 COUNTER-OFFEMEJECTfON 367* ❑ Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and 368 deliver a copy of the acceptance to Seller). 369* © Seller rejects Buyer's offer 370 371 372* 373* 374* 375* 376 377* 378* This is intended to be a legally binding contract if not fully understood, seek the advice of an attorney before signing. Buyer. - Y - Date: Print name: Cit® n Buyer. Date: Print name: Buyer's address for purpose of notice: Address: Phone: Fax: Email: 379* Seller: a 3•-^ Date: ! Y Z4L 380* Print name: Jos F- TRAPP 381* Seller: VIO -' Date: 1 1 % 4126 2— / 382* Print name: wama& TRABP Buyer () (r} and Seller �) acknowledge receipt of a copy of this page, which is 7 of 8 pages. VAC-13 Rev 2120 02020 Florida Realtors® This software is licensed to [Micki Blackburn - MiCKI BLACKBURN REALTY] - 4.------4.i __A_wb --- '',n4�AnO+er ncie 383 Seller's address for purpose of notice: Sea* Address: . 3 6 S140Zr Fltl� C"ZI . Ok c-4&90 r — 3060 7 385* Phone: Fax: Email: ass* 387 Effective Date: (The date on which the last party signed or initiated and delivered the final offer or counter-offer.) Florida REALTORS• makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized foram should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR'. REALTOW is a registered collective membership mark which may be used only be real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS* and who subscribe to its Code of Ethics. The copyright taws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer (_) (_—_ )and Sellers I acknowledge receipt of a copy of this page, which is 8 of 8 pages. VAC-13 Rev 2120 02020 Florida Realtors& Thais software is licensed to [Micki Blackburn - MICKI BLACKBURN REALTY] ..«w� iwewa. �iwi.� �wiw s7' wrw+ -iS/f _ .LIIDtC Vacant Land Contract 1- 1. Sale and Purchase: JOSEF TRAPP b Weena Trapp ("Seller") 2• and The city of Clermont . ("Buyer") 3 (the 'parties'') agree to sell and buy on the terms and conditions specified below the property ('Property") 4 described as: 5. Address: 1146 RAKE MINNEOLA DR CLERMONT FL 34711-2094 6' Legal Description: Parcal R mbor: 7 23-22-28-0400-117-01600 8 CL8RMWT, JOMMM's APPLAT LOTS 16, 0RLS 217 P$ 8 PG 71 ORE 2632 PG 631 aTlb /1 9 Parul IhaLar: 23-22-25-0800-117-01800 10 CX47MO TA , JOM%WN' S REPLAT LOT 18, 8LW 117 M 8 PG 71 ORS 2632 PG 631 11 • SEC _/TWP / /RNG _ of rake County, Florida. Real Property ID No.: 22-22-25-0400-117-02600 12• including all improvements existing on the Property and the following additional property: 13 1.4' 2. Purchase Price: (U.S. currency)................................................................................................ $ 3501000. 00 15 All deposits will be made payable to "Escrow Agent' named below and held in escrow by: 16• Escrow Agent's Name: Scott Wynn 17' Escrow Agent's Contact Person: Michelle Treanor 18+ Escrow Agent's Address; 304 East Broad Street Groveland FL 34736 19+ Escrow Agent's Phone: (352) 429-2185 201 Escrow Agent's Email: wswlawoffice@omail.com 21 (a) initial deposit ($0 if left blank) (Check if applicable) 22• ❑ accompanies offer 23' ❑ will be delivered to Escrow Agent within days (3 days if left blank) 24 - after Effective Date ................ ....................... 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26• ❑ within days (10 days if left blank) after Effective Date 27z ❑ within days (3 days if left blank) after expiration of Feasibility Study Period....... $ 28, (c) Total Financing (see Paragraph 6) (express as a dollar amount or percentage) ................. $ 29- (d) Other: $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31 • to be paid at closing by wire transfer or other Collected funds ............................................. $ 349, 000.00 s2' (f) 0 (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The 33' unit used to determine the purchase price is 0 lot ❑ acre ❑ square foot ❑ other (specify): 34- prorating areas of less than a full unit. The purchase price will be $ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 8(c). The following rights of way and other areas will be excluded from the 37' calculation: 3e 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39• delivered to all parties on or before 1/15/2021 , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter-offer will be 3 days after the date the counter-offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer has 42 signed or initialed and delivered+ this offer or the final counter-offer. 43' 4. Closing Date: This transaction will close on 4/13/2021 ("Closing Date'), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, but 45 not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on P Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 17 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property t8 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 19 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. 51 5. Extension of Closing Date: If Paragraph fi(b) is checked and Closing Funds from Buyer's lender(s) are not 52 available on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements Buyer C-,K,) ( ) and Seller ) acknowledge receipt of a copy of this page, which is 1 of 8 pages. VAC-13 Rev 220 €2020 Rorkia ReattorsO This software _s licensed to [Micki Blackburn - MICK2 BLACKBMW REALTY) www.transactiondesk.com. 7ntsn, cn�c 53 ("CFPB Requirements), if applicable, then Closing Date shall be extended for such period necessary to satisfy 54 CFPB Requirements, provided such period shall not exceed 10 days. 55 6. Financing: (Check as applicable) 56 • (a) M. Buyer will pay cash for the Property with no financing contingency. 57 • (b) ❑ This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) specified 58 • below ("Financing") within days after Effective Date (Closing Date or 30 days after Effective Cate, 59 whichever occurs first, if left blank) ('Financing Period"). Buyer will apply for Financing within days 60 after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, and 61 other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 62 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 63 returned. & ° (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ 65 - or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % ❑ an ss • adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 67 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 68 informed of the loan application status and progress and authorizes the lender or mortgage broker to 69 disclose all such information to Seller and Broker. 70 - (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 71 - Seller in the amount of $ bearing annual interest at % and payable as follows: 72 73 The mortgage, note, and any security agreement will be in a form acceptable to Seller and vril follow 74 forms generally accepted in the county where the Property is located; will provide for a late payment fee 75 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 76 penalty all or part o; the principal at any time(s) with interest only to date of payment; will be due on 77 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 78 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seiler 79 to obtain credit, employment, and other necessary information to determine creditworthiness for the 80 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not Seller 81 will make the loan. 82 • (2) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 83 84 • LN# in the approximate amount of $ currently payable at 85, $ per month, including principal, interest, ❑ taxes and insurance, and having a 86- ❑ fixed ❑ other (describe) 87 • interest rate of % which 11 will ❑ will not escalate upon assumption. Any variance in the mortgage 88 will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase 89 • Seller's escrow account dollar for dollar. if the interest rate upon transfer exceeds % or the 90 • assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing 91 which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves Buyer, 92 this contract will terminate; and Buyer's deposit(s', will be returned. 93 * 7. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 94 - contract, ❑ may assign but not be released from liability under this contract, or ❑ may not assign this contract. s5 • 8. Title: Seller has the legal capacity to and will convey marketable Title to the Property by ❑ statutory warranty 96: deed X special warranty deed ❑ other (specify) , free of liens, easements, 97 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 98 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 99 • other matters to which title will be subject) 100 provided there exists at closing no violation of the foregoing. 101 (a) Title Evidence: The party who pays for the owner's tide insurance policy will select the closing agent and pay 102 for the title search, including tax and lien search (including municipal lien search) if performed, and all other 103 fees charged by closing agent. Seller will deliver to Buyer, at 1c4 • (Check one) WE Seller's ❑ Buyer's expense and toy • (Check one) ❑ within days after Effective Date ❑ at least days before Closing Date, toe (Check one) 107' (1) ❑ a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 108 discharged by Seiler at or before closing and, upon Buyer recording the deed, an owner's policy in the Buyer (A, ) ( ) and Seller � ) acknowledge receipt of a copy of this page, which is 2 of 8 pages. VAC-13 Rc j 2120 92020 Flc6da RealtcrsD This software is li.cansed to [Micki Blackburn - MICRI BLACKBUI REALTY) www Aransactiondesk _ com. 109 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 110 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to 111 Buyer within 15 days after Effective Date. 112 • (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 113 existing firm_ However, if such an abstract is not available to Seller, then a prior owner's title policy 114 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will 115 include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 116 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 117 recited in the prior policy and in the update. if such an abstract or prior policy is not available to Seller, 118 then (1) above will be the title evidence. 119. (b) Title Examination: After receipt of the title evidence, Buyer will, within to days (10 days if left blank) but 120 no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable to 12' Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and Seller 122 - cures the defects within days (30 days if left blank) ("Cure Period") after receipt of the notice. If the 123 defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice of 124 such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within 125 the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after receipt of 126 notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept title subject 127 to existing defects and dose the ;ransaction without reduction In purchase price. 128 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 129 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 130 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 131 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 132 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 8(b). 133 (d) ingress and Egress: Seiler warrants that the Property presently has ingress and egress. 134 S. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 135 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 136 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. W (a) Inspections: (Chec%c (1) or (2)) 138 • (1) Ul Feasibility Study: Buyer will, at Buyer's expense and within 60 days (30 days if left blank) i39 ("Feasibility Study Period") after Effective Date and in Buyer's sole and absolute discretion, determine 40 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer may 41 conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and investigations 42 ("Inspections') that Buyer deems necessary to determine to Buyer's satisfaction the Property's 43 engineering, architectural, and environmental properties; zoning and zoning restrictions; subdivision 44 statutes; soil and grade: availability of access to public roads, water, and other utilities; consistency with 45 local, state, and regional growth management plans; availability of permits, government approvals, and 46 licenses; and other inspections that Buyer deems appropriate. If the Property must be rezoned, Buyer will 47 obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is 48 required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, 49 contractors, and assigns, the right to enter the Property at any time during the Feasibility Study Period for 50 the purpose of conducting inspections, provided, however, that Buyer, its agents, contractors, and assigns 51 enter the Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller 52 harmless from losses, damages, costs, claims, and expenses of any nature, including attorneys' fees, 53 expenses, and liability incurred in application for rezoning or related proceedings, and from liability to any 5.1' person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will 55 not engage in any activity that could result in a construction lien being filed against .he Property without ss Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (i) repair 57 all damages to the Property resulting from the Inspections and return the Property to the condition it was in 58 before conducting the Inspections and (ii) release to Seller all reports and other wort: generated as a 59 result of the Inspections. 30 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller o'7- Buyer's 31 determination of whether or not the Property is acceptable. buyer's failure to comply with this notice 32 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" s3 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 34 Seller, this contract will be deemed terminated, and Buyer's deposit(s) wiii be returned. Bu}er rK, ) (r_) and Seller .1 } } acknowledge receipt of a copy of this page, which is 3 of 8 pages. W,C-13 Rev 2/20 `2020 Florioa Resllors' This software is licensed to (Micki Blackburn - MICKI BLACFMURM REALTY] www.transactiondesk.cov— 165, (2) ❑ No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including leis being satisfied that either public sewerage and water are available to the Property or the Property will be 167 approved for the installation of a well and/or private sewerage disposal system and that existing zoning 168 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 169 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 170 contingent on Buyer conducting any further investigations. 171 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 172 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 173 expired or if Paragraph 9(a)(2) is selected. 174 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government agencies 175 which flood zone the Property is in, whether flood insurance is required, and what restrictions apply to 176 improving the Property and rebuilding in the event of casualty. 177 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the CCCL as 178 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 179 by law delineating the line's lecafon on the Property, unless Buyer waives this requirement in writing. The 180 Property being purchased maybe subject to coastal erosion and to federal, state, or local regulations that 181 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 182 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 183 Department of Environmental Protection, including whether there are significant erosion conditions associated 184 with the shore line of the Property being purchased. 185' ❑ Buyer waives the right to receive a CCCL affidavit or survey. ss 10. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 187 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 188 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to 189 Seller (in local cashier's check if Seller requests in writing at ieast 5 days before closing) and brokerage fees to 9n Broker as per Paragraph 21. In addition to other expenses provided in this contract, Setter and Buyer :;rill pay the 91 costs indicated below. 92 (a) Seller Coss: 93 Taxes on deed 94, Recording fees for documents needed to cure title 95 Title evidence (if applicable under Paragraph 8) 96� Estoppel Fee(s) 97— Other: Recording fees on the deed and financinq statements 98 (cam) 3uyer Costs: 99 Taxes and recording fees on notes and mortgages pp-ments- 01 Loan expenses 02 Title evidence (if applicable under Paragraph 8) D3 Lender's title policy at the simultaneous issue rate 04 Inspections 05 Survey 76 Insurance )7 • Other: )8 (c) Prorattons: The following items will be made current and prorated as of the day before Closing Date: real 19 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, and to other Properly expenses and revenues. If taxes and assessments for the current year cannot be determined, 11 the previous year's rates will be used with adjustment for any exemptions. 12 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Sellei will 13 pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount of the 14 last estimate of ;he assessment ii an improvement is substantially completed as of Effective Date but has not 15 resulted in a lien before closing; and Buyer will pay III other amounts. If special assessments may be paid in 16Y installments, ❑ Seller ❑ Buyer (Buyer if lef(blank) will pay installments due after closing. If Seller is .7 checked, Seiler will pay the assessment in full before or at the time of closing. Public body does not include a a Homeowners' or Condominium Association. 9 (e) PROPERTY TAN DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRE1,7 :o PROPERTY TAXES AS THE AMOUNT OF PROPERTN' TAXES THAT BUYER MAY BE OBLIGATED TO :1 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY Buyer (TU (_ _ ) and Seller �) TV) acl(nor+ledge receipt of a copy of this page. which is 4 o: 8 pages. VAC-13 Rev 2r20 K 2u20 Florida Realtors _) This software is licensed to [N.icki Blackburn - KICKI BLACIMURN REALTY] www.txansactiondesk.com. ' s . . �,. 222 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 223 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 224 COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. 225 (f) Foreign Investment In Real Property Tax Act ("FIRPTA"): if Seiler is a "foreign person" as defined by 226 FIRPTA, Seller and Buyer will comply with FiRPTA, which may require Seiler to provide additional cash at 227 closing. 226 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simuitaneousiy with 229 closing or after) under Section 1031 of the Internal Revenue Code (`Exchange"), the other party will cooperate 230 in all reasonable respects to effectuate the Exchange including executing documents, provided, however, that 231 the cooperating party will incur no liability or cost related to the Exchange and that the closing will not be 232 contingent upon, extended, or delayed by the Exchange. 233 11. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 234 or less. Time periods of 5 days or less will be computed without Including Saturday, Sunday, or national legal 235 holidays specified in 5 U.S.C. 6103(a). Other than time for acceptance and Effective Date as set forth in Paragraph 236 3, any time periods provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or 237 inserted herein, which shall end or occur on a Saturday, Sunday, or national legal holiday (see 5 U.S,C. 6103) 238 shall extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 239 this contract. 240 12. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 241 or Seller negotiates wi*.h a governmental authority to transfer all or part of the Property in lieu of eminent domain 242 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 243 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 244 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and receive 245 all payments made by the govemmental autho, ity or insurance company, if any. 246 i 3. Force Maieure: Seller or Buyer will not be required to perform any obligation under this contract or to liable to 247 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 248 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 249 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably ?59 within the control of Seller or Buyer and which by the exercise of due diligence the non -performing party is unable ?51 in whole or in part to prevent or overcome. Ali time periods, including Closing Date, will be extendea for the period ?52 that the act of God or force majeure is in place. However, in the event that such act of God or force majeure event ?53 continues beyond 30 days, either party may terminate this contract by delivering written notice to the other: and ?54 Buyer's deposit(s) will be returned. >55 14. 'Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 56 electronic means. Buyer's failure to timely deliver written notice to Seiler, vehen such notice is required by >.57* this contract, regarding any contingency will render that contingency null and void, and this contract will 58, be construed as if the contingency did not exist. Any notice, document, or item delivered to or received by .59 an attorney or licensee (including a transactions broker) representing a party will be as effective as if Aso* delivered to or received by that party. v* 15. Complete Agreement; Persons Bound: This contras: is the entire agreement between Seller and Buyer. .62* Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Brokar unless .63. incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed or 64 initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 65 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications W. communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 67. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If any e3 provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully 69 effective. -Seller and Buyer will use diligence and good faith in performing all obligations under this contract. This 70' contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular or 71 plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 72 permitted, of Seller, Buyer, and Broker, 73 16. Defaul: and Dispute Resclution: This contract will be construed under Florida law. This Paragraph will survive 74 closing or termination of this contract. 75 ;a) Seller Default: if Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer ,'6 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting Buyer (ffo; j ) and Seller f )� ) acknow,edge receipt of a copy of this page, which is 5 of 8 pages. VAC-':3 Rev 2120 C2020 Floi;de Re"oreb This software is licensed to [Micki Blackburn - MICKI BLACIKBM4 REALTY] ......... 4 ...... (.i .... d....L .....� 277 from Seller's breach and may seek to recover such damages or seek specific performance. Setter will also be 278 liable for the full amount of the brokerage fee. 279 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, ego including payment of deposit(s), within the time(s) specified, Seller may elect to recover and reiain the 281 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages. 282 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 283 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in 284 equity to enforce Seller's rights under this contract. 285 '17'. Attorneys Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 286 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 287 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 236 18. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 289 'Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 290 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 291 brokerage fees. "Collection" or "Collected" means am checks tendered or received have become actually and 292 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person 293 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's wiliful breach of this 294 contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees 295 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed 296 funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 297 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 298 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this 299 contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 301 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 302 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 303 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 50.; government agencies for verification of the Property condition and facts that materially affect Property soy value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all W6 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising W f-om Seller's o7 Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 108 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 109 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 00 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video I11 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 12 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 13 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 14 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Euyer each 15 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 16 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 17 This Paragraph will survive closing. 18 20. Commercial Real Estate Sales Commission Lien Act: if the Property is commercial real estate as defined by 19 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 20 Commission Lien Act provides that when a broker has earned P. commission by performing licensed services 21 under a brokerage agreement with you, the broker may claim alien against your net sales proceeds for the 22 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 23 21. Brokers: The licensees) and brokerage(s) named below are collectively referred to as `Broker." Instruction to 2: c!csi% agent: Seller and Buyer direct Closing Agent to disburse at Closing the tall amount of the brokerage 25 fees as specified in separate brokerage agreements with the parties and cooperative agreements between the 26 Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be 27 used to modify any AILS or other offer of compensation made by Seller or listing broker to cooperating brokers. 28C Zg+ 30 Joe >f:. Patterson 3311414 ;1 Seller's Sales Associate/License No. Buyer'€ Sales Associate/License No. Bjyer r$ (_ _) and Seller `� LPI)) acknowledge receipt of a copy of this page, which is 6 of 8 pages_ VAC-13 Rev 2120 eD2020 Florida Realtors'D This software is licensed to [Micki Blackburn - k'ICKF B"CREURN REALTY] totvor tranraanti nnt9ock nnm • , 'cl-'l - 332 333 joepa734@gmail.com 334 Seller's Sales Associate Email Address Buyer's Sales Associate Email Address 335 336 352-272-5802 337 Seller's Sales Associate Phone Number Buyer's Sales Associate Phone Number 338 339 MICKI BLACKBURN REALTY INC _ 340 Listing Brokerage Buyer's Brokerage 341 542 450 East s.y 50 f1 CLERMONT FL 34711 343 Listing Brokerage Address Buyer's Brokerage Address 344 M5 22. Addenda: The following additional terms are included in the attached addenda and incorporated into this Contract W (Check if applicable): 97 • ❑ A- Back-up Contract W ❑ B. Other 49 s50. 23. Additional Terms: 151 Contingent on City approval 152 63 54 i55 56 57 58 59 so 61 62 63 54 55 36 COUNTER-OFFERIREJECTION 37= ❑ Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and 58 deliver a copy of the acceptance to Seller). i9' ❑ Seller rejects Buyer's offer ro This is intended to be a legally binding contract. If not fully understood, seek the advice of ar. attorney before 11 signing. '2' Buyer: Date: �IaZO�i nkf 3� Print name:Thok nt� TM 1'�'It3r1rCit V 4• Buyer: Date: P, int name: 6 Buyer's address for pirposee of notice: 7' Address: (A 6 w • + + llZn -h oS L S �+' . Cd Crlw 6e_nTTr- L a 41W a` Phone:55;t - 241-}35$a Fax: 3So1- 3il- '40$4 Email: �}o11e-randG�C(e-yrh#nf0-01- 3- Seller; � 1 "'. C/�--^ Date: 3= Print name: Jos V- TRAPP t / %2G �. I Seller: 1'►' Date: I �f >. Print name: wssxk TRAPP Buyer C&,� l_) and Setter ( ) acknovdedge receipt of a copy of this page, which is 7 of 8 pages. VAC-13 Rev 2120 Q2020 Florida Realtors-) This software is lic6need to [Micki Blackburn - MICKI BLACKBURN REALTY] 383 Seller's address for purpose of notice: 384* Address: 43 6 Si OCT- PW Cl.v . O LANDO , F74- 38s* Phone: Fax: Email: 3W 1 Effective Date: (The date on which the last party signed or initialed and delivered the 387 1 final offer or counter-offer_) Florida REALTORS' makes no representation as to the legal i alidity or adequacy of any pro.1sion c. this form in any specific .ransact'on. This standardi�ad form should nit be use6 in complex transactions or Wth extensi-:e riders or additions. This forty. is avaitable for use by the entire real estate tntastry and is not intended to identify the user as REALTOR`. REP.LTOR' is a reg stered collective membership m^rk which may be used only be real estate licensees who are members of the 'JATIORAL ASSOUATION OF REALTORS' and who subscribe to its Code or Ethics. The copyright ist,s of United States (17 U.S. Code) forbid tY,e unauthorized reproduction of the form by any means including facsimile or computerized forms. Bu er (.K.1) �_) and Seiler (�� � �:4 acknowledge receipt of a copy of this page, which is 8 of 8 pages. VAC-13 Rev 2(20 (02020 Florida Realtors& This software is licensed to (t:icki Blackburn - MICKI BLACKBURN REALTY] CLOSING & COMMISSION DISBURSMENT SHEET Property Address: 1146 Lake Minneola Drive, Clermont, FL. 34711 mLs#: G5035517 List Price: $370,000 Sale Price: $350,000 county: Lake Effective Date: 01 /15/2021 Closing Date: 04/13/2021 >eller's Name(s) Josef and Weena Trapp Mr. & Mrs / Ms / Miss) fellers Address: 436 Short Pine Circle, Orlando, FL 32807 fellers Phone: 407-963-4902 Sellers Email: JTmailUSA@GMail.com +irst /Second Mortgage: tuyer's Name(s): City of Clermont W. & Mrs. / Ms / Miss) tuyer's Address: 685 West Montrose Street, Clermont FL. 34711 tuyer Phone: 352-267-3218 Buyer Email: JKinzler.KinzConsulting@gmaii.com luyer's Lender/Contact: , Buyer's Lender Phone: ✓ho's Holding Escrow: Scott Wynn Atty Michelle Treanor Escrow amount: s_1,000.00 Company Contact Person 'losing Office: 304 East Broad Street Groveland FL. 34736 losing Phone: 352429-2185 Closing Email: wswiawoffice@gmaii.com isting Agent Joe Patterson Name bone: 352-272-5802 isting Office/Address: .fling Agent Joe Patterson Name lone: 352-272-5802 sting Office/Address: xial SLrn: Yes / No erral Due on a List / Sale: erral Name: erral Address: ,er. Micki Blackburn Realty commission: 5% Company Listing Agent Email: JoePa734@Gmaii.com 450 East Highway 50 Ste#1, Clermont Number Street City 450 Niunber Cost S S Micki Blackburn Realty Commission: Company Listing Agent Email: JoePa734@Gmail.com East Highway 50 Ste#1, Clermont Street City Home warranty: Yes / No Company: Referral Company: Phone: FL. State 34711 Zip FL. 34711 State Zip Amount: S