1996-56
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WRITER'S DIRECT DIAL
(407) 244-1117
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MAGUIRE, VOORHIS & WELLS, P. A.
sd'~~ at ~
TWO SOUTH ORANGE PLAZA
2 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
TELEPHONE (407) 244-1100
FACSIMILE (407) 423.8796
MAILING ADDRESS
P. O. BOX 633
ORLANDO, FLORIDA 32B02
December 26, 1995
via facsimile (904) 394-1452
Mr. Wayne Saunders
City Manager
City of Clermont
Post Office Box 120219
Clermont, FL 34712-0219
Re:
Dear Wayne:
Clermont Groves, Inc. et al. -
Sale to Lennar Homes, Inc.
As we have recently discussed, it is the purpose of this
letter to set forth various agreements and understandings between
Clermont Groves, Inc. and its affiliates ("Seller") and the City of
Clermont (the "City"). The items which we have discussed as
requiring clarification include the following:
2.
ORLANDO
1.
In connection with the sale of certain property from
Clermont Groves, Inc, to the City on November 17, 1994,
it will be necessary for the City to adopt a resolution
confirming repa1~ent obliqations. It may also be
appropriate for Clermont Groves, Inc. to release its
Mortgage on the previously conveyed property prior to the
bond transaction which is contemplated to occur in
February, Concerning this matter, it is also our
agreement that accrued interest will be paid to Clermont
Groves, Inc. prior to year end, and that a $100,000.00
principal reduction will be made at the time of the bond
financing, which is anticipated to be in February of
1996. Your staff can deal directly with Tom Riffle in
Rex's office concerning both the interest payment and the
principal reduction. Tom's number is (407) 656-2291.
The City has agreed to proceed with landscaping of the
Utility Site as described in the Declaration of Covenants
and Restrictions recorded at Official Records Book 1330,
ø(gjc¡ ç..
MELBOURNE
TAVARES
TALLAHASSEE
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Mr. Wayne Saunders
December 26, 1995
Page 2
4.
Page 0012, Public Records of Lake
specifically Exhibit "D" thereto,
County,
Florida,
3,
Concerning the restrictions contained in that certain
Warranty Deed recorded at Official Records Book 1330,
Page 0018, Public Records of Lake County, Florida, the
Sanitary Sewer Facility as required by subparagraph (d)
thereof shall be ".. .not less than 750,000 gallons per
day capacity. .." rather than the 1,000,000 gallons per
day capacity referenced therein,
The City has entered into various agreements with Lennar
concerning portions of the Seller's property. The City
hereby agrees that Seller and its assigns shall receive
the benefit of any such agreements with the City,
provided Seller or its assigns elects to do so, and
provided further that Seller or its assigns complies with
all obligations of Lennar as set forth therein.
5.
Concerning the five acre park site referenced in the PD
Resolution, we have discussed the prospect of the City
acquiring that property from Clermont Groves, Inc. by
purchase, as well as the possibility of the City
acquiring said site by delivery to Clermont of park
impact fee credits. Seller and the City have agreed to
cooperate on a reasonable and good faith basis to provide
for conveyance of said park site from Clermont Groves,
Inc, to the City on mutually acceptable terms.
6.
You will recall that Seller still holds title to a well
site lying east of Hancock Road and south of the Utility
Site. Based on l:.he configuration of Seller's other
holdings, Clermont Groves, Inc. would like to sell said
well site to the City. I would appreciate your
consideration in this matter and your making a proposal
for acquisition for said well site in "as is condition".
Once you have had an opportunity to review this letter, please
do not hesitate to contact me should you have any questions, or if
you feel that the terms set forth herein are not consistent with
our prior discussions. If after your review of this letter you
feel it is consistent with the discussions and agreements between
Seller and the City, I would appreciate you executing a copy of
this letter where indicated below on behalf of the City, and your
returning an executed copy of the letter to me.
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'Mr. Wayne Saunders
December 26, 1995
Page 3
I look forward to hearing from you at your convenience, and
seeing you soon.
Sincerely,
mes (L/S~
. The matters set forth herein are agreed to and accepted this
~ day of r[k~-L , 199k,.
CITY OF CLERMONT
BY'~ ~;.~
Its: Rober. Po , ayor --.
Clty of Clermont
JELS:mdg
cc: Mr, Rex McPherson (via facsimile)
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October 16, 1996
CITY OF CLERMONT
Office of the City Manager
Mr. James E. L. Seay
Maguire, Voorhis & Wells, P.A.
Two South Orange Plaza
South Orange Avenue
Orlando, FL 32801
RE:
Clermont Groves, Inc. et al. -
Sale to Lennar Homes, Inc.
Dear Jim:
The City Council at their regular meeting held October 8, 1996 approved the clarification
letter proposed by you and dated December 26, 1995. Mayor Pool has signed the original
letter and it is enclosed for your files.
Thank: you again for your assistance in this matter. If you have any questions, please let me
know.
Sincerely,
CITY OF CLERMONT
WS:aw
Enclosure
cc: Rex McPherson
P.o. BOX 120219
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CLERMONT, FLORIDA, 34712-0219
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PHONE: 904/394-4081