1994-30
. -
. . ~ .' '"
.
--T
- . -- - -
--,- .
lES: . ClERHONT ('.ROVES. INC. . . .,~). ~-- ,.
Post Dfffce Box 71038. Winter Carden. Florida 3U71-0338 (Pt-cnI~7/656-2291 r' I.
CITY. Df CL£RHONT. . municipal corporation . . ~
Post Office Box 20219. Clennont. Florida 3~712-021~ (Phxw904/39~-~O81 ~
"Jy agree that the Seller shall sell rd ~ 8haI Wy !he IoIbwInQ real property ("'Real ~'I aro ~ property (O~'I (c:dIedM!Iy ~'I upon Ihø IoIIowIrO
s and con:IftIons. .....och INCLUDE Ihø SIandatds for Real Estate Tr&r4aCtIor4 ("Standard s ¡¡iIntecI on Ihø ~ or ~ any RdenI ~ 10 INs If"eIn rTØ't.
DESCRIP11ON: _. ' . . lake
(a) Legal desc:t\:ItiOn at Real Property IocaI8d In .-
SEE ATTACHED LEGALQE_SCRIPTlQN
County. F"oaroa.
(þ) SIreet addruss. CIty. zip, at Ihø Property Is.
(c) PeraonaIty
PURCHASE PRICE . ....." ....,..... .....
PAYMENT:
(el Deposrt(sl tD be held on escrow by-
(Þ) AddrtlOO3l escrow deposit wrthan -days alter Effect"'" Daten !he emount 01
lei $ub ØCI to AND assumption at mor1gag8 in good starQlng In flNOt at
.,.. ...
SEE ADDENDUM
,$
on !he amount 01 $
. , .. $
na..ng an apptOJUmate present pnrçpal balance at $
(dl Purt:hase money mortgage and note beam;¡ annuaIlt1Ierest at '\ (see Addendum) In amount 01 ' , $
Ie) Otter $
(I) Balance to cIo$e (U s., cash, L~Y ORÞWN certified or castner's checkl. 9Ub eCI tD ad ustrrents and proratIOnS $
TIME FOR ACCEPTANCE; EFFE~ I).(I'E; FACSIMILE: ø this otter . net executed I7y and deI.-ed tD all partIes OR FÞCT Of' EXECUTION communocated n wntong
....een Ihø partJes on or bef0t8 . the deposlt(s) will. at 8uyer's optIOn, be returned 10 ~'" and this oller Wlttdrawn. A facsimile copy at this
,tract for Sale and Purchase (°Contract") aro any sr;¡natures hen>on shall be consodeted lor aD purposes as oriQtnals. The date 01 Contract ('Eflecb"9 Date°) wi! be Ihø date when
!as! one 01 the ~ and Seller has SIgned !Ius oller
FINANCING:
(el ø the purchase pnce or any pert at it iii tD be ftnanced by a third-party loan, this Contract is condtboned on the Buyer obtalrun¡ a wntten commrtrnent for (CHECK (I)
or (21 or (3)), (II 0 e fuced. (21 0 an ad US1able or (3) 0 a flXlld or ad~ rale lean ~ days alter EffectNe Dale aI an rvtlallI>IBteSI rate not 10 exceed ~ '10,
term 01 NI A )'eatS and for the pritq>aI amount 01 $ NI A Buyer WID make application WIthon HI A days after EIIectNe Date and use reasonable
dil'ogence to obIaJn the loan com..1..."..1 and. thereal\er. to meet !he terms ard cordrtoons 01 the comml1men1 and c:!ose tI'e loan ~ shall pay aJ11ean expenses. ø E!v,ø'
faJb tD obtarn the commtrrent or laits Ð waNe Buyer's rgh1s urder this SIJ~ Wlthon the !me for obIaJl"It'Q the convrotmen1 or alter dlr.gent effort lads to møe1 !he
terms and con:IlbonS 01 the commitment. tt'en either party thereafter by IJf'OIT'(II wntten notee tD the other may carcei the Contract and Buyer shall r refunded tI'e deposrt(sl
(b) The eJUSb~ mortgage descri>ed on ~ D(c) aoo.e has {CHECK (1) or (2)1, (II 0 a vanable Infetest rate or (2) 0 a fIXed onterest rale 01 HI '!!. per anrum
AI !me 01 tJtIe transfer sane fixed onterest rates are sub¡ect tD In::r&ase ø Increased, tI'e rate shalt not e><eeed HI A '\ per am.¡m, Seller shall, WIthIn NI A days after
EIfectrve Date. IurnlSh statements from aD mortgagees statrng pnnopaJ balances. metrod 01 payment, nterest rate and >latus 01 rra1gaQes. ø Buyer has agreed 10 assume a
mortgage whICh reQU1/'I!S approval at Buyer by !he rrortQagee for ~, tt'en Buyer ~'>aI1 pn:>trC)!tt r¡¡.an aD ~'ed applications and will dlhgently complete and return
them tD the rnor1gagee Ant mortgagee chat¡¡e{sl not tD exceed $ shall be paid by N (d 101 filled 11\, equally cfMdedI . Buyer is not acceøted
by rrort¡¡agee or the req.Jorerrents lor assufrC)bon are rot In accon:lance WIth tI'e terms 01 this Contrac1 or mor1gaI¡ ee nakes a charge n excess of the stated amount. Seller'
or Buye' may resond this Contract by ptt>ttØ wntten nobCe tD the other party unless either elects tD PIIY tI'e .-.::rease on lf11'~resI rate or excess mor'Qa99Ø charges.
Tn\.E EVIDENCE: AI least ten (10) days before cbSing date, Seller shall. at Seiler's expense. der.- 10 B.I)'<II' Of 8uyer's atlOtT'ey. In accordance wrth Standan:I A,
,ECI< (II or (2)) (110 abstract 01 b1Ie or (2) IJ bile onsurarce commitment and, alter cloSIng. owner's polICY 01 bile m9Jf3t'C8. "
CLOSING DATE: ThIs transacI1On shall be closed and tI'e deed and othe, cloSIng pa~ del_red on , urie$s extended by other ptOIIisIons 01 Contract.
RESTRICTIONS; EASEMENTS, UMromoNS: Buyer shall take bUe sub 8CIto Zof\otl\ , reslnctlOt\S, prohJbrtJons and otIø reQUIrements rnposed by QOIIernmerrtal au1hontY. 1'8strcÞc>nS
maltenl appearing on the plat or 0CherWIS8 common to tI'e subdlVlSlOtl. pubic utility easeme~ts 01 record (easements at<I tD be located CØ11Q.1OuS to Real Property lines and
I'OOt9 than to leet n WIdth as Ie the rear or Iront lines and 7Y:r leel In WIdth as tD !he SIde lines, unless oth9tw1se st>!led heretn), taxes for )leaf 01 cIosang and SI.Jbsecl,.ent
"So assumed mortgageS and purchase money rra1gaQes. d any; 0Iher Cl ermont P. D. Crd; nance
, provded.
purpose( s)
-.- - -- ---
: there exISts al doSI~ no YlCiabon of the foregoo~ and none 01 them prevents use 01 Real Property lor
uti 1f t.ï
"
OCCUPANCY: Seller warrants that 1t-ere are ro parties on OCQJpancy other than SeI1er. but. d Property IS ontended 10 Þa r1!nIed or oca.ÐIØd beyord clos'"9. the fact and terms
.of shall be staled herein and the lenaI1t(sl or occupants dISClosed purnuant to Standard F Seller agrees to del"", oco,,"-¡ncy 01 Property at tme 01 closing unless 0It>er-...se
'Od Æretn. II oceupancy IS tD be œr"""red belore closing, ar,.er assumes all nsk 01 loss to P-:c;>erty from date 01 oco.Jpar<:y, shall be respons¡boe and liable lor maintenance from
<late, and shall be deemed tD have accepted Property ., lis ensbng conditIOn as of bITe 01 takIng :)Co.,panc'{ unless othetwts< J'ated hereon or on a separate wntJng,
TYPEWRrrTEN OR HANDWRITTEN PROVISIONS, Typewntten or handwntlen ptOV\S'OOS sr,:'J control all prInted ptoV\S.Of\.< of Contract on ronnct WIth them,
RIDERS: (CHECK" an¡ 01 the following Riders are appfocable ~ are attached to this Contr~~ )
(a) 0 COASTAL CONSTI'lUCTION CONTROL UNE RIDER (c) 0 FOREIGN INVESTME'" !N PEAL "'ROPERTY TAX .. ~: RIDER
(þ) 0 CONDO""'I~ IUM RIDER (d) 0 INSULA~ON ::I!DER
ASSIGNA8/UTY (CHECK II) or (2)) ~ (1) 0 may ass.'!;n or (2) ~-n3Y ': "" '-. ,~.-' ,r,' -,:
SPECIAL CLAUSES. (CHECK II) or (2)) Addendurr. (1) [lIS atla<=t1ed or (~ t;" '" no - oc . \
TIME IS OF T1iE ESSENCE OF T1iIS CONlRACT,
DISCLOSURES. ~ 0 acl<nowIedges Of 0 does nà acknowledQe reœ~t 01 the aQenCY/radon/compensatIOn and estimated cIosong costs disclosures
rtlS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK TliE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
1H5 FORM >w; BEEN APAIOIED BY THE F\..ORI()A ASSOC:ATION OF REALTORS ANI) n£ flORIn" BAA.
~ dOeS not CO'1SI/a¡ Ø .. - ""'" d rte ........a c:mcIÞ:>1S ~t~~~' - n.
..a cxnItJa1I - be ~ - t.P>1 !hi '-=""" ........ ~ ..a ~ ~
~ ~ ~fi'~~~_~-- ------ --
. ' I. ¡. t/ CLERHO7T 0 . .
1m! ; -- ~ ~ ¿} 9. "'. ...' ,-~"'"'
.al or ax . SooaJ Seo.Jnty Of Tax I D ,
Dale
(e) 0 FJ-WVA RIDER
(!I 0 OTHER-
BUYER'S INITIALS
q (¡ '¡~~œ
lSelI8t'
Soclóll Se<:unty or Tax I D ,
Daœ
(auy.r I
al Seo.Jnty or Tax I D .
,..t urder Paragraon n(a) recerwd, F OTHER THAN CASH. THEN SUBJECT TO Cl£N1ANCE
)KER'S FEE. (CHECK N6:J COMPLETE T1iE ()NE APPI.JCABLE) By
(Escrow AQanI)
o.
oooøeratong sub-agøn1a named. aooordonO to the - at an exIStIng. seøaral81istrO ~
,- ".:':: ;.: 0 C:-.
[~~~.~.:. ~~: i; 'j/~
,: '~~'I ,'.\: ~:,'.f '
ro:~~;.(Ú. :~~":'
IQtMtI Ð r-r the named below. at In>e 01, at sale. compensabon n Ih8 anr:unt 01 (COt.CPLETE ON-Y ONEI
... at groe.s purcNM price or I tor Broker'a - In eftectlr>g the Buyer ready, wilot'Q !It'd IÞIe to ~ Þ'aJatII Ð Ihø IoregoIng ConIr8Cl
'Jye< IøII5 Ð pet1orm 8ná deøoedto) Ie reI8irw!d. !IO'Io Ihetøof. but a . 8haII be ped &ckar .. ,.. ----- tor E!rdcer'a ...-
.ong costa ~,., 8roI<et, and Ihø balanCe I Ihø tranaactJOn IJhe not close or labe at Seller Ð pertorm. Seller ahaII ØII1 Iht
!~ 10 &oker on ' k'I an¡ Contract concerning the Brd<8t"a tee the pre.øillr>g party shaft lIorney'a Ieea and coats.
",I"",¡¡¡.,..~,
-, "'nn.""""..."...,B«'~'
,""'..,.,
. '.
8
8
STANDARDS FOR REAL ESTATE TRANSACTIONS
A, EVIDENCE OF TITLE, (1) An abstract 01 toile p,epa,ed 0' b'ought current by a reputable and 8<ISllng abstract h,m (II nol 8<ISllng Ihen cerlolled as correCI by a"
exlI\lng Iltm) pu'porllng 10 be an accu'ate synopsIS 01 the Instruments allecllng toile 10 Ihe Real Prope,ty 'ecorded ,n Ihe public records 01 Ihe county ..he'e'n Rea
Property IS located th'ough Ellectove Oate and which shall commence wllh Ihe earliest public 'ecords, 0' such lale' date as may be cuSiomary In Ihe counlf UpÇ"
closIng 01 thIs transactIon, Ihe abstract shall become the p'ope,ty 01 Buyer, sublect to Ihe tight 01 relentlon thereol by forst morlgagee unlll lully paId (2) A II' 0
Insu,ance commitment Issued by a Flotlda licensed tille Insurer agreeIng to ISsue to Buyer, upon reco'dlng 01 the deed to Buyer, an owne"s policy 01 lItIs Insu~
In the amount 01 Ihe purchase proce Inaurong Buyer's tille to the Real Prope,ty, sublect only 10 hens, encumb,ances exceptions 0' Quallflcallons sel forth In I~'S
Conlract and those whIch shall be discharged by Selle, at or belo,e closIng Selle, shall convey markelable Iitie sublecl only 10 liens, encumbrances, excepl'ons cr
Qualllicalions SpeCllled In Ihe Cont,act Marketable tItle shall be dele'mlned accordIng to applicable Title Slandards adopled by authoroty ot The Flotlda Bar and on
accordance wllh law Buye, shall have 30 days, II abSl,act, or 5 days, II Iltle commltmenl, Irom date of ,ecelvlng evIdence 01 Iltia to examIne II 1\ IllIe IS found
delecllve, Buyer ahall, within 3 days, notlly Seller In wtlling speCIfYing delect(s) II the delect(s) ,ende, tItle unmarketable, Selle' will have 120 days fror-
recelpl 01 notice wIthIn whIch to 'emove the delect(s), failing whIch Buyer shall have Ihe opllon 01 ellhe' accepllng the tllle as II Ihen IS 0' demandIng a relund ~I
deposll(S) paid which shall Immediately be relurned 10 Buye" thereupon, Buye' and Selle' shall release one anothe, of all furlher obllgallons under the Contract
Seller shall, II totle IS found unma'ketable, use diligenl ellort 10 correCI deleCI(s) In the tille wllh,n Ihe lime p,ovlded Ihe,elo', IncludIng Ihe bronglng 01 necessary SUIts
B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note 10 Selle' shall p,ovlde lor a 3O-daf
g'ace period In Ihe evenl of defaullll a IltSi mortgage and a 15,day g,ace petlod II a second 0' lesse, mortgage, shall prol"de tor roghl 01 prepayment In whole or ,n
part wllhoul penally, shall nol pe'mll accele,allon or Inle'eSi adlustment In evenl 01 'esale 01 Real Property, shall ,eQulte all ptlor liens and encumbrances to be kept
In good sIan dIng and lorbld modlflcallons 01 or lulure advances under prlO' morlgage(S), and Ihe morlgage, note and secutlly agreemenl shall be olherwlse In 10""
and conlenl ,eQulted by Selle" bul Seller may only 'equlfe clauses customatlly lound In mortgages, mortgage noles and secutlly agreements gene'ally utIlized bf
sevlngs and loan Instllutlons 0' slale 0' nallonal banks localed In the counly whe,eln Real Prope'ly IS localed All Personally and leases being conveyed 0' ass'gne~
wIll, al Seller's optIon, be sub ecllo Ihe lien 01 a securoly ag,eemenl evIdenced by recorded IInanclng slalements II a balloon morlgage, the hnal payment wIll exceed
Ihe periodic paymenla Ihereon
C, SURVEY: Buyer, al Buyer's 8<pense, w,lh,n lime allowed to delover evIdence 01 tItle and 10 examIne same, may have Real Property surveyed and certllleo by a
regIstered Flonda surveyor 1\ survey shows enc'oachment on Real Properly or Ihal Improvements localed on Real P,operly enc,oach on setback lines. easements
lands 01 olhers or vIolate any 'eslnctlons, Conlracl covenanls or applIcable governmental regulatIon, the same shall constllute a toile oelecl
0, TERMITES: Buyer, at Buyer's expense, wIthin tome allowed to delIver evidence 01 IllIe and 10 examIne same, may have Real Prope,ly Inspecled by a Flo"da
Certllled Pest Cont,ol Operator to oete,mrne II there IS any vIsIble active termlle Inleslatlon or vIsible exlstong damage from lermlte Infeslatlon In the Improve:T1e";S
II ellhe' or both are lound. Buyer WIll have 4 days Irom date 01 wntten notice the'eol wIthIn whIch to have all oamages, whelher vIsIble or not, Inspecleo an:
esllmated by a licensed bulloe' or gene'al contraclo' Selle, shall pay valId costs 01 treatment and rep.It 01 all damage up to 2% 01 pu'chase pnce Shoulo suCh cos's
exceed Ihal amount. Buye' shall have Ihe opllon 01 cancellong Contract wIthin 5 days arter receIpt 01 contractor's repalf estomate by gIvIng wrotten notIce to SeHer :r
Buyer may elect to p,oceed wIth Ihe Iransacllon, In which event Buyer shall receIve a credIt at clOSing 01 an amount aqual 10 the lotal of the treatment ano re.a .
estimate not In excess 01 2% 01 the purchase proce 'Te,mlles' shall be deemed to Include all wood destroYIng o'ganlsms reQulreo 10 be repo,leo under the "Iorl~~
Pest Control Acl
E, INGRESS AND EGRESS: Selle' warrants and represenls that there IS Ing,ess anc; egress to the Real Property sufl,clent for the Intended use as descr,ced e
Pa'agraph VII hereol, tille to whIch IS In accordance with Standard A
F, LEASES Seller shall, not less than 15 oays befo,e cloSIng, lurnlsh to Buye' copIes 01 all wntten leases ano estoppel lellers !rom each lenant specifYing the na:_'~
ano duratIon 01 the lenant's occupancy, rental ,ates, advanced rent ano secunty deposIts paId by lenant II Seller IS unacle 10 oClaln such leller from each tenant Ir~
same Inlo,mallon shall be lu,nlsheo by Seller to Buye, wIthIn that tome perloo In Ihe form 01 a Seller's affidavIt and Buyer may Ihe'eafter contact lenants to ccn~ r-
such ,nlo,matlon Selle' shall, al clOSing, deliver and assign all oroglnal leases 10 Buye'
G, LIENS' Selle' shall furnIsh to Buye, at time 01 cloSIng an affIdavit allesllng 10 the absence, unless otherwIse provloed for hereIn, 01 any hnanclng s'ate"'enl,
claIms 01 hen 0' potential Ioenors known 10 Selle, and lurther attestIng that there have been no Improvements or repalts to the Property for 90 days Immed,a'e ,
preceding date 01 clOSIng II Property has been Improveo 0' repalted wIthIn Ihat lime Seller snail de lover releases or "'alvers of mechanics Ioens executed by a
g9neral contractors, subconl'actors, supplIers and materialmen In additIon to Seller's lIen affIdavit settIng lorth the names of all such general con:ra::c"
subcontraclors, supploers and materialmen ano furthe, al"'mlng that all charges for Improvements or repairs ..,h,ch coulO serve as a casls tor a mechanIC s I'e" ~r s
claim lor damages have been palo 0' will be paId at clOSIng 01 thIs Conl,act
H PLACE OF CLOSING, Closrng shall bd helO In the county wherein the Real Prope'ty IS located at Ihe olflce of the attorney or olher clOSIng agenl des,<;"a'o: :'
Selle'
I TIME: TIme penods herein of less than 6 oays shall In Ihe compulatlon exclude Salu'days, Surdays and slate or nallonal legal hollOays and any I,me ~e' c:
provloed for herern which shall end on Saturday, Sunday or a legal holoOay shall extend 10 500 P m of Ihe next business day
J DOCUMENTS FOR CLOSING Seller shalilurnlsh the deeo, bill of sale, mechanIC s lien aflloavlt asslgnmenls 01 leases, lenanl ano mortgagee esloppellene,s ae:
correctIve Instruments Buye' shall lurnlsh closing slatement. morlgage mortgage note security agreement and financing statemenlS
K, EXPENSES: Documentary slamps on the deed and 'ecordlng corrective Instruments shall be paId by Seller Documentary stamps IntangIble lax and re:~r: -;
purchase money mortgage to Seller, deeo and hnancln~ statements shall be palo by Buyer
L PRORATIONS; CREDITS Taxes, assessments, rent. IntereSt, Insurance and other expenses ana revenue 01 Property shall ce proraleo Ihrough oay belore clos,';
Buye' shall have Ihe option of takIng ove' any existIng policIes of InSU'ance, II assumable, In whIch event p,emlums shall ce p,orateo Cash at clOSIng shall :S
Increased or oec,easeo as may be requited by proratIons Prorallons will be made through oay prior 10 occupancy If occupancy occurs before clOSing Advance 'e-
and secunty deposits wIll be c'edlteo 10 Buyer and escrow oeposlts held by mortgagee wIll be creOlted to Selle, Taxes shall be p'orateo based on the current fear s
tax wIth due allowance maoe for maxImum allowable dIscount, homeslead ano other exemptions II closIng occurs al a oale Nhen Ihe current year's mIllage 's no
"x eo and currenl year's assessment IS av~llable, taxes WIll be pro'aled cased upon such assessment and the pno' year s mIllage II current year 5 assessmenl IS "C
available, then laKes WIll be prorateo on the prior year's tax It there are completed Improvemenls on tre Real Property Cy January 1 st 01 year of clos,ng "n,c'
Imp,ovements were nOI In existence on January 1st of \he pnor yea,. then laKes shall be p,orateo Cased upon the proor year s mIllage ano ~
an equItable assessment to be agreeo upon [-etween the partIes. tall.ng NhlCh, request ..,,11 be maoe to the Counly Property Appraiser fo, an Inlormal assessme-
takIng Into consIderatIon available exemptIons Any tax prorallon baseo on an estImate snail, at reQuest of eIther Buyer or Seller, be subsequently readjus:eo u~c'
'ecelpl 01 tax bill on COndItIon that a statement 10 that ellect IS In the closing statement
M, SPECtAL ASSESSMENT LIENS- Ce,tllleo, conlltmed and ratifIed specIal asse~sment liens as of oats 01 closing (not as of Ellecllve Date) are to be paId by Selle'
Pending liens as 01 dale 01 closing shall be assumed by Buyer" the Improvement has been substanllally completeo as or Ellectlve Date, such pending lien Shall =~
conslde'eo certllled, conflrmeo or ratlheo and Seller shall, at clOSIng be chargeo an amount equal to the last estlmale of assessment fo' Ihe Imp,ovement by tr,o
public body
N INSPECTION, REPAIR AND MAINTENANCE: Seller warrants Ihat, as Of 10 days prior to clOSing. the ceIlIng. rool (IncludIng the lascla and solllts) and exlenor arc
Interror walls. seawalls (or equivalent) and oockage do nol have any VISIBLE EVIDENCE cl lea's, ..,aler damage or S\ructu,al oamage ano thaI the septIc lank pool
all appliances, mechanical Items, heatIng, coolong, electrIcal, plumbIng systems ano machInery are In WORKING CONDITION Buyer may, at Buyer's expense ha.e
inspections made 01 those Ilems by a hrm 0' Inolvldual specialIzIng In home InspectIons ano hololng an occupatIonal license 10' such purpose (il reQulteo) or by ac
app,oproately lIcensed Flonda contraclor Buyer shall, prIor to Buyer's occupancy or not less than 10 days prIor 10 clOSing whlcrever occurs fltSl, repo't In wrIting ¡:
Seller such Items that do nol meet the above standards as to delects Unless Buye' reports suCh delects wIthIn Ihat lime, Buyer Shall be deemeo to have waive:
Selle"s warranties as 10 defecls not reported" repalts or replacements a'e reQuired, Seller shall cause such repairs to be made and shall pay up to 3O~ of Ih~
pu,chase price 10' such repalts 0' replacements as may be requlteo In oroer to place such Items In WORKING CONDITION" the cosl 10' such repalts C'
replacement exceeds 3% 01 the pu,chase pnce, Buye, 0' Seller may elect to pay such excess, faIlIng whIch ellher party may cancel th,s
Contract" Seller IS unable to correct the defecls prIor ,0 closIng, the cost Ihereof shall be paId onto escrow at closing Seller will upon reasonable notIce p'ov'c.
utIlities service and access to the P'operty 10' Inspections, IncluOlng a walk-Ihrough prIor to closIng Between Ellectlve Dale and the oale 01 closIng excePI Ie'
'epaors 'eQulted by thIs Standa'd, Selle' shall maIntaIn Property, IncludIng, but not hmlted 10, the lawn and shrubbery In the conOlllon hereIn warranteo ordma',
wear and tear excepted
0, RISK OF LOSS, II the Property IS damageo by lite or other casualty before closing and COSI of restoration does not exceed 3% of the ass86sed valuatIon of I~e
Property so oamaged. cost 01 'estorallon shall be an oblogatlon 01 Ihe Seller ano closing shall p'oceed pursuant to the lerms 01 Contract with ,estorallon costs
escrowed al closing" the COSI 01 resloratlon exceeds 3°,\) 01 the assessed valuallon 01 the Improvements so oamaged, Buyer shall have the optIon 01 ellher taklnç
Prope,ly as IS, together wllh ellher Ihe 3% or any In~urance proceeds payable by vlttue of such loss or oamage, or 01 cancelling this Contract ano receivIng relurn ~f
oeposlt(s)
p, PROCEEDS OF SALE, CLOSING PROCEDURE: The deed shall be 'ecorded upon clearance 01 lunOs II abSlracl, evidence of IllIe shall be cont,nued at Buyer s
expense 10 show tIlls In Buyer, wllhout any encumbrances 0' change ..,hlch woulO render Seller's IllIe unmarketable f,om the oa:e 01 the last evloence Procee:s d
the sale shall be held In escrow by Seller's atlorney or by such other mulually acceptable escrow agenl fo' a perIod of not longer than 5 oays I'om ano after clOSlr,
oate "Seller's \llIe IS rendered unmarkelable, through no fault of Buyer Buyer shall wllhrn the 5-day penoo notIfy Seller In w'ltlng of the delect ano Seller si'at'
have 30 oays from date 01 recelpl 01 such notIficatIon 10 cu'e the defect ,f Selle' falls to tImely cure Ihe oelect all deposlt(s) and closing funds shall, upon w""e-
oemand by Buyer ano within 5 oays after demano be retu,neo to Buyer and SImultaneously ..,llh such repaymenl, Buyer shall return Personalty ano vacate Prope",
and 'econvey It to Seller by specIal warranty deed" Buyer fails to mai<e Ilmely oemand for refuno. Buyer shall lake tItle as 's wa'<lng all rIghts agaInst Sel!er as ':
any Inlervenlng defect excepl as may b~ avaIlable 10 Buyer by virtue of warrantIes contalndd rn the oeed "a portIon of Ihe purcnase prIce IS 10 ce de"veo 'rc-
institutIonal fInancIng or 'eflnanclng, requirements 01 the lenOlng Inslltutlon as to place tIme of day and procecures for clOSing and for dlSCursement of mor.<;a;.
p'oceeds shall conlrol over contrary provISion In this Contract Seiler shall have Ihe nghl to reQuite from Ihe lending InSlltutlon a wntlen commllment Iha
It wIll not withhold Olsbursemenl of mortgage proceeos as a result 01 any tllle defect attnbulable 10 Buyer-mortgagor The escrow ano clOSIng p,ocedure required:,
Ihls Standaro m?y be waIved II title agenllnsures adverse matters pursuant to Section 627 7841 F S (1989) as amended
Q, ESCROW' Any escrow agent ("AQent") receivIng funds or eQuIvalent IS authorIzed anc agrees by acceptance of them 10 oepos't them promplly, hold same'
escrow and. subject to clearance d'sburse Ihem In accordance Wllh lerms and condItIons of Contracl FaIlure of clearance of funds shall not excuse Buyer s
perlo,mance If In doubl as to Agent's dutIes or Itablllt,es under Ihe provISIons of Conlracl Agent may at Agent s option contInue 10 holO the sub,ect malter of Ice
esc'ow unlll Ihe partIes mulually agree to ItS olsbursement or unlil a luogmenl 01 a court of compelent JurosOlctlon shall oetermlne Ihe rIghts of the partIes or Agee:
may deposIt same wIth the clerk 01 the CitCUlt court havIng JUrISdIctIon of Ihe olspute Upon not'fy"ng all partIes concerned of suCh actIon all hablilty on the part c'
Agenl shalilully le,mlnate excepllo the extenl of accountIng fo, any .Iems prevIously oellvered out of escrov. "a lIcensed real estale croker, Agent WIll comply "I'"
provISIons of Chapler 475 F S (1989) as am<>nded Any SUIt belween Buyer and Seller Nhereln Agenl IS made a party because of acting as Agent hereunder or ,"
any SUIt whereIn Agent 'nlerpleads Ihe ,ubJect matter of the escrow Agenl shall recover reasonable attorney s le"s ano COSIS Incurred W'"
the fees anO costs 10 be paId from anO oul of Ihe escrowed funds or equ'valent ano charged and aNarded as court costs rn favor of the prevailing party Parties agree
Ihat Agenl shall not be liable to any party or person for mIsdelivery to Buyer 0' Seller of Ilems subjeCI 10 Ihls escrow, unless such mlsoell.ery IS due to WIllful breac"
01 thIs Contracl or gross negligence of Agent
R, ATTORNEY S FEES; COSTS In any ""gatlon arising oul 01 IrIS Conlracl the prevailing parly '" such Iollgallon whIch. for the purposes of thIS Slandard sha"
Include Selle, Buye', listIng broker Buyer's broker and any sucagenls to th" IISllng broke' or Buyer's brOker shall be enlltteo 10 recove' reasonable atlorney's fees
and costs
S, FAILURE OF PERFORMANCE" Buyer falls 10 pertorm this ConI' act wIthIn the lIme specifIed, includIng paymenl of all deposltls) Ihe depOSII!s) paId by Buye' an:
deposlt(s) ag,eed to be palo. may be relalned by 0' fo' the accounl 01 Seller as agreeo upon IIQuloated oamages consloeratlon for Ihe executIon ollhls Conlract arc
In full settlement of any claIms, whereupon Buye' and Seller snail be 'ellev80 of all obllgallons under Con\ract or Seller at Seller S opllon may proceeo rn eqc,ty '0
enlo,ce Seller 5 fIghts unoer thIS Contract If for any rea~on other thac. failure of Seller to make Seller's tItle marketable afler dIlIgent error'. Seller lalls negleCtS c'
'eruses to perlo,m thIs Contract, the Buyer may seek specIfIc performance 0' elecl to receive the relurn 01 Buyer's deposll(S) Wllhcul 'hereoy waIving any actIon 'or
damages resultIng from Seller's breach
T, CONTRACT NOT RECORDABLE, PERSDNS BOUND: NOTICE Neltner thIS Conlracl nor any nollce of It, sroall be recoroeo In any PUblIC recoros ThIs Conlrac'
shell bInd and Inu,e to the beneht 01 the parlles and Ihelt Successors In Inleresl Whenever the context perm.ts s,ngular shall Include plural ano one genoer shal'
'nclude all Notice gIven by or 10 the atto,ney tor any party shall Ce as e'/ecllve as It ~Iven by or 10 !hal party
U, CONVEYANCE: Seller shall convey IItie 10 Ihe Real Property by slat ",ory ..,arraoty trustee's personal represen'allve S 0' guardla" s deeo as app'oprlale '0 :r.
stalus of Seller, sublecl only 10 matters contaIned In Paragraph VII and those olhe""'se accepleo by Buyer Personalty shall, al reQues! of Buyer, be I,ansferreo C'
an absolute bIll of sale wIth warranly 01 lItle, sublect only to suCh matters as may be otherwIse provldeo for hereIn
V, OTHER AGREEMENTS: No prlO' 0' present ag'eemenls 0' 'epresenlatlons .hall be bIndIng upon Buyer or Selle' unless Included In Ihls Contract No moOlllcallon
or change In thIS Cont'acl shall be valrd or blnolng upon the parties unless In wfltong and executed by the party 0' parlIn Inlendeo 10 be bOund by II
W. WARRANTIES: Seller warrants Ihat Ihere a'e no lacts known to Selle, mate"ally allectlng Ihe value 01 Ihe Real Properly whIch are not readdy obsetVaÞle by
Buyer 0' whIch have nOI been dISclosed to Buyer
----,
~
~
CoPYright 1991 by The Flotlda Bar and The F'orida AssocIation 01 REAL TORS
8
8
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
BY AND BETWEEN
CLERMONT GROVES, INC., AS SELLER AND
CITY OF CLERMONT, AS BUYER
THIS ADDENDUM is attached to and made a part of that certain
Contract for Sale and Purchase between CLERMONT GROVES, INC.
("Seller") and CITY OF CLERMONT ("Buyer").
A sketch of the Real Property is attached hereto as
Exhibit "A" and incorporated by reference. within .70
days from the Effective Date, Buyer, at Buyer's
expense, shall obtain a survey of the Real Property to be
acquired as follows:
1.
a.
b.
c.
d.
2.
Approximately forty-five (45) acres shall be
conveyed for a sewage treatment site (the "Sewer
site") .
Approximately l8.5 acres shall be conveyed for a
well site (the "Well Site").
The westerly boundary of the Real Property shall be
configured so as to include the existing well. An
area 50' x 50', and having as its center the
existing well southwesterly of the Real Property,
shall also be identified by said survey, together
with an easement from said 50' x 50' area to the
balance of the Real Property, which easement shall
be configured to lie within the right-of-way of
Hancock Road.
The acreage of the 50' x 50' area (the "South Well
site") and the balance of the Real Property shall
be determined by the survey to be obtained by
Buyer. The Purchase Price shall be Eight Thousand
and No/lOO Dollars ($8,000.00) per acre, plus an
amount as agreed between Seller and Buyer
representing the value of the existing wells,
failing which said wells shall be excluded from
this transaction.
The Purchase Price is to be paid to Seller by Buyer as
follows:
a.
The total Purchase Price, together with interest
thereon at six percent (6%) per annum, compounded
annually, on the unpaid balance, shall be paid by
disbursing to Seller one hundred percent (lOO%) of
all sewer and water impact fees paid to Buyer in
connection with the property generally known as the
Clermont Hills P.D. and the Lake Louisa P.D.
Additionally, Seller shall receive twenty-five
percent (25%) of all sewer and water impact fees
paid by any other party to obtain utility service
which will be provided by facilities to be
constructed by Buyer on the Real Property.
Notwi thstanding the foregoing, Seller shall not
receive any portion of the funds to be paid by
Greater Construction Company or any affiliate
thereof for one hundred (lOO) sewer taps to be
provided by Buyer to said entity, or any funds
received by Buyer from the Florida Department of
Environmental Protection Agency.
b.
As sewer or water impact fees are received by
Buyer, Buyer shall maintain a strict accounting of
same, and shall disburse any sums due Seller
hereunder not less frequently than on a monthly
8
8
basis. Seller shall continue to receive such sewer
and water impact fees in the percentages as set
forth above until the Purchase Price and all
accrued but unpaid interest thereon have been
received by Seller. Seller and Buyer acknowledge
that sewer and water impact fees have not yet been
established by Buyer, but that such fees will be
established by Buyer and applied on a uniform basis
to all parties receiving utility service from the
facilities to be constructed on the Real Property.
3.
As additional consideration hereunder, Buyer hereby
agrees that Seller shall be allowed to designate the
parties to receive the excess sewer capacity (estimated
to be approximately one hundred (lOO) equivalent
residential units) available from the package plant which
Buyer intends to install on the Sewer site after delivery
by Buyer to Greater Construction Company or its affiliate
the first one hundred (100) ERU's of such capacity.
Additionally, Seller shall be allowed to designate the
parties to receive the additional water connections from
the well to be constructed by Buyer on the Well site for
forty-five (45) water taps. Seller shall be entitled to
retain said sewer and water taps for future use by
purchasers of portions of property currently owned by
Seller and its affiliates. This shall be the case even
if the purchasers of property of unaffiliated third
parties desire to obtain capacity in either the sewer or
water facilities to be constructed on the Property.
4.
Buyer agrees that the configuration of the utility
facilities to be constructed on the Real Property shall
be located as generally depicted on Exhibit "A", with the
Well site in the more northerly location, and the Sewer
site in the more southerly location. Exhibit "A" also
depicts the general configuration of the sewer facilities
which will be installed within the Sewer site. Seller
and Buyer shall cooperate to arrive at a mutually
acceptable site plan consistent with the operational
needs of Buyer. Buyer covenants and agrees that Buyer
shall not construct an elevated water tank on the Well
Site for a period of ten (lO) years following acquisition
of the Real Property by Buyer. Additionally, no signage
shall be permitted on any water tank to be constructed
other than the words "City of Clermont" and the City of
Clermont logo without Seller's consent, which consent may
be withheld in Seller's sole discretion. Buyer
additionally covenants that any aeration tanks or
hydropneumatic tanks needed in connection with the Well
site will be constructed east of the well location. At
the time of conveyance of the Real Property, a
Declaration of Restrictions shall be recorded,
restricting use of the Real Property as provided herein.
5.
Seller has previously received a Level I environmental
assessment (the "Level I Assessment") on the Real
Property, and has delivered a copy of same to Buyer.
Buyer shall review said Level I Assessment and determine
whether additional environmental testing is desired by
Buyer. Such testing, if deemed necessary by Buyer, shall
be performed at Buyer's expense, after approval of
additional testing by Seller. Notwithstanding the
foregoing, Seller and Buyer agree that there shall be no
groundwater testing in connection with the acquisition of
the Real Property by Buyer. In the event it is
determined that additional testing or remedial action is
required by Seller in connection with either existing
2
, ,
8
8
well, Seller shall have the option of excluding such
portion of the Real Property from the conveyance to
Buyer.
6.
Buyer acknowledges that Seller would not agree to convey
the Real Property to Buyer without the covenant and
agreement of Buyer to landscape the facilities to be
constructed on the Well site and the Sewer site in such
a manner as to minimize the visual impact of such
facilities on the balance of Seller's property.
Accordingly, Buyer shall landscape said facilities in
accordance with the landscaping plans attached hereto as
Exhibit "B", which are incorporated by reference herein.
Said landscaping plans are in compliance with the current
landscaping standards promulgated by the city of
Clermont. In the event such standards are made more
stringent between the conveyance of the Real Property and
construction of the facilities on the Well Site and Sewer
Site, Buyer agrees to comply with such revised standards.
Additional, Seller shall retain the right, at Seller's
sole cost and expense, to install additional landscaping
within the boundaries of the Real Property in such a way
as to minimize the visual impact of the facilities to be
constructed on the Real Property, such additional
landscaping to be consistent with the operational needs
of Buyer, and subject to no extraordinary maintenance
requirements. After the installation of such
landscaping, Buyer shall be responsible for the
maintenance and replacement of such landscaping. The
Declaration of Restrictions referenced in paragraph 4
above shall also include the matters set forth in this
paragraph 6.
7.
Seller acknowledges that a golf course may be constructed
on a portion of the balance of Seller's property located
adj acent to the Real Property. At such time as said golf
course, if any, is constructed, Seller or its successors
shall agree to make said golf course available for spray
irrigation disposal of treated effluent by Buyer. The
cost of installation of the irrigation system to service
said golf course shall be borne by the party constructing
the golf course. Said irrigation system shall be of a
design as determined by the developer of the golf course
property. In the event Buyer requires that said
irrigation system be enhanced by moisture sensors or
other special equipment not deemed necessary by the
developer of the golf course, or other regulatory
agencies, said enhancements shall be provided to the
irrigation system at the sole cost and expense of Buyer.
Further, the transmission line from the well or other
facilities providing irrigation water shall be
constructed at the sole cost and expense of Buyer. Buyer
acknowledges that the amount of treated effluent to be
sprayed on the golf course shall not exceed such amount,
in the discretion of Seller or Seller's successors and
assigns, as can be properly disposed of on the golf
course without affecting the condition or operational
aspects of said golf course. Until construction of such
a golf course, Seller shall make available portions
(approximately one hundred (100) acres) of its adjacent
property for effluent disposal. Buyer shall
simultaneously seek permits for a temporary spray field
location on Seller's adjacent property and percolation
ponds on the Property. It shall be Buyer's
responsibility to determine an appropriate site for such
effluent disposal, subject to Seller's reasonable
approval, which approval shall not be unreasonably
3
8
8
withheld or delayed. Seller shall provide such
irrigation facilities as presently exist on its adjacent
property, on an "as is, where is" condition for Buyer's
use. It shall be Buyer's responsibility to obtain all
necessary permits for the disposal of such treated
effluent by either said temporary spray field or
percolation ponds, and any rehabilitation of existing
irrigation systems shall likewise be at Buyer's expense.
Notwithstanding the foregoing, Seller shall have no
obligation to provide a site for alternative effluent
disposal beyond the first to occur of five (5) years from
year from the date hereof, or twelve (12) months from the
date on which Seller gives notice to Buyer that the
property being utilized to provide alternative effluent
disposal is needed by Seller for other purposes. Any
expenses related to the fencing of effluent disposal
facilities constructed by Buyer shall be at Buyer's sole
cost and expense. At such time as Seller's remaining
property is no longer being used for alternative effluent
disposal, Buyer shall remove said fencing, and shall
restore Seller's property as nearly as is possible to the
condition in which it existed prior to disposal of said
effluent. Irrigation water (either treated effluent or
from supplemental sources) shall be provided by Buyer to
the developer of the golf course for golf course
irrigation at no expense to said developer or its assigns
for so long as any portion of Seller's property is
required hereunder to be provided to Buyer for effluent
disposal. Thereafter, irrigation water (either treated
effluent or from supplemental sources) shall be provided
by Buyer to the developer of the golf course for golf
course irrigation at the standard fees uniformly implied
for other users of irrigation water from Buyer's utility
system.
8.
Buyer acknowledges and confirms that this conveyance from
Seller to Buyer is being made on threat of condemnation
by Buyer of Seller's Real Property. Buyer confirms that
it has communicated to Seller its intention to acquire
the Real Property through its condemnation powers in the
event negotiation of a purchase and sale between and
Seller and Buyer is not successful.
9.
In connection with the expenses related to the
transaction contemplated hereby, Seller and Buyer shall
each bear fifty percent (50%) of the documentary stamp
taxes required on the instrument of conveyance and for
the cost of the title insurance commitment and title
insurance policy to be delivered to Buyer. Seller's
counsel, Maguire, Voorhis & Wells, P.A., as ågent for
First American Title Insurance Company, shall issue said
title insurance commitment and title insurance policy.
Seller shall pay the cost of recørding any corrective
instruments and the cost of recording the deed. Buyer
shall pay the cost of the survey and the cost of the
recording the Declaration of Restrictions required
hereby. Buyer shall also pay any expenses related to
additional environmental, testing of the Real Property,
after such additional testing requirements are reviewed
and approved by Seller. Each party shall pay its own
attorneys' fees.
lO.
Buyer covenants and agrees that the annexation of other
property of Seller and its affiliates is not a
requirement hereunder. Notwithstanding the foregoing,
Buyer agrees that neither Seller, its affiliates, or
purchasers of the property of Seller or its affiliates
4
, '
, .
l1.
12.
l3.
l4.
8
8
shall be required to pay sewer impact fees or water
impact fees in excess of those routinely charged by other
residential users or commercial users served by the
facilities installed on the Property.
The obligation of Buyer to pay the Purchase Price to
Seller shall be secured by a Purchase Money Mortgage
which shall be recorded at the time of conveyance of the
Property to Buyer. The documentary stamp taxes and
intangible taxes on said mortgage shall be paid by Buyer,
and the Purchase Money Mortgage and note secured by same
shall be prepared by Seller.
The conveyance contemplated hereby shall take place
within five (5) days of the date on which Buyer notifies
Seller it has applied for all necessary permits and
approvals to commence construction of the well on the
Well site, and to locate the package plant on the Sewer
Site. In the event the permits and approvals necessary
for such construction and placement have not been applied
for wi thin three (3) months from the date hereof, at
Seller's election, this Contract shall be null and void,
and each party shall be released from further liability
to the other party except as provided herein.
Buyer acknowledges that it is a material inducement to
Seller to convey the Property that Buyer will construct
the contemplated utility facilities on the Property. In
the event said utility facilities, understood to mean the
potable water well on the Well Site, and the minimum
lOO,OOO gallon per day sewer package plant are not under
construction within six (6) months from the date hereof,
or not in place within one (l) year from the date hereof,
the Property contemplated to be conveyed hereby shall
revert to Seller, and Seller shall have no further
obligation related to Buyer, either to reimburse any
portions of the Purchase Price previously paid, or
otherwise. Additionally, in the event that (i) within
twelve (l2) months from the date hereof, Buyer has not
submitted all applications for permits and taken all
other actions which Buyer can take to commence
construction of permanent sewer facilities of at least
l,OOO,OOO gallon per day capacity on the Sewer site; or
(ii) within twenty-four (24) months from the date hereof
Buyer has not completed construction of said l,OOO,OOO
gallon per day minimum permanent sewer facilities on the
Sewer site (except for delays caused by parties other
than Buyer); or (iii) in the event any developer of
Seller's adjacent property requires additional utility
capacity to continue development of said Property, which
utility capacity is not available from Buyer's temporary
or permanent sewer facilities, and Buyer does not either
make satisfactory arrangements within three (3) months
from notice by Seller of the need for such additional
capacity, or in the event Buyer does not allow Seller or
its assigns to bring an additional package plant or
plants onto the Property to accommodate the utility needs
of said parties pending completion of the construction of
the sewer facilities to be constructed on the Property,
the Property shall similarly revert to Seller on the
terms and conditions as set forth in the next preceding
sentence.
This Agreement shall be binding on the successors and
assigns of both Seller and Buyer, and the provisions
hereof shall benefit the successors and assigns of both
Seller and Buyer, including purchasers of portions of the
5
.' ,
8
8
adjacent property of Seller and its affiliates in the
vicinity of the Property.
IN WITNESS WHEREq1.
Addendum this ~ ?~'
the part.;i..~E1- ~e>eto have executed this
day of~ 1994.
"BUYER"
CITY OF CLERMONT,
a municipal corporation
By: /2/ á4-rf
Its: - '-'1'?1 ðl. r ../
"SELLER"
CLERMONT GROVES, INC.,
a Florida corporation
B~Gt C'-
Rex V. McPherson, II,
President
R:\REAL\065\918298\001\CLERMONT.ORG
6
, . .' .
..
t
1 '
!
,
I
,
I
1
,
-'
. - '-~',' :", -
,. -'. : '..'
-
.'
, I,
.
" "
. " ,.'", '
.,8
N
-)00
1 Inch. - SOO fl.
,8
, ,
EXHIBIT "All
.
. . '., '..-
. -- --
. -' ,-,
i~
3:
PREUMINARY SJTE PlAN
C11"! OJ"" CLERMONt
UTILITY PLAN
~
0
Ug'
UC AlItA
MO .AC1lf3
-.....
,...~
I'
0
~
Wl.
I
I
I
>~O'
\^
~
lJl.:t
....~
vi
'^
~
~
'~O
~
..~\
,,<..'.".': .:'" """"""',;".,::",.,,', ":',:.',.':.' -,-
, ,'. ...;..", - ".. .', "', -, ,
.', -. -, - ,
" '. ,,', ". ~ '-:,.~.' .",'
- -
'.
. .
8
8
EXHIBIT "B"
Landscaping Plan for landscaping of utility site
A five (5) foot wide landscape easement shall be provided along the
western most and southern most boundary of the Property. Within
this easement shall be planted shrubs (ligustrum or alternate
approved by Seller) so as to provide opaque screening and shall be
properly maintained by the City of Clermont at a height of six (6)
feet. The individual shrubs should be planted 30" on center, and
shall reach the required six (6) feet in height within two (2)
years of planting. Additionally, trees shall be planted 50' on
center (live oak or alternate approved by Seller). Trees installed
shall be a minimum twelve (12) feet in height and 2 l/2" caliper
D.H.B. at the time of planting.
R:\REAL\065\918298\001\CLERMONT.ORG
-----
8
8
MORTGAGE NOTE
$506,480.00
Orlando, Florida
November~, 1994
FOR VALUE RECEIVED, the undersigned, jointly and severally,
promise to pay to the order of Clermont Groves, Inc., a Florida
corporation, whose mailing address is Post Office Box 77038, Winter
Garden, Florida 34777-0338, the principal sum of Five Hundred Six
Thousand Four Hundred Eighty and No/IOO Dollars ($506,480.00), with
interest thereon from date, payable, at the rate of six percent
(6%) per annum, compounded annually, the interest and principal of
this Note payable in installments as follows:
Payments of principal and interest shall consist of two
types of assets received from payor by payee:
(a) one hundred percent (100%) of sewer and water impact
fees for all development and construction in connection
with the Clermont Hills P.D. and the Lake Louisa P.D.,
which term "impact fees" shall for the purposes of this
Note include all fees of any type other than monthly
service charges charged by payor in connection with
provision of such utility facilities, whether designated
capaci ty fees, capacity reservation fees, hookup fees, or
any other nomenclature; and
(b) twenty-five percent (25%) of all sewer and water
impact fees paid to payor by any other parties for
provision of utility capacity in the facilities to be
built by payor on the real property conveyed to payor by
payee, the indebtedness for which is evidenced by this
Note; provided, however, payor shall not be obligated to
pay such twenty-five percent of sewer and water impact
fees for one hundred (100) sewer taps to be provided by
payor to Greater ,Construction Company, nor for any funds
received by payor from the Florida Department of
Environmental Protection.
Payments shall be made on or before the tenth of each month
(unless payor has collected no impact fees contemplated herein
wi thin the prior calendar month), until the indebtedness and
accrued interest has been paid in full. All payments of money
representing interest and principal are payable at the office of
the payee in the City of Winter Garden, Florida, or at such other
place as the holder hereof may designate in writing, in lawful
money of the United states of America. If any of said installments
of interest and principal shall not be paid when due, then the
entire principal sum and accrued interest shall become due and
payable at once, at the option of the legal holder of this Note.
Failure to exercise this option shall not constitute a waiver of
the right to exerci se the same in the event of any subsequent
default.
(/
!
I
...
.
.
8
8
It is further agreed that each maker and endorser, jointly and
severally, shall pay all costs of collection, including a
reasonable attorney's fee, on failure to pay the principal of this
Note or any interest thereon at maturity. This Note and all sums
due hereunder shall bear interest at the rate of ten percent (10%)
per annum from due date until paid. The total interest payable
hereunder shall not in anyone year exceed the highest lawful rate
of interest in Florida.
The makers and endorsers hereof hereby severally waive
presentment for payment, protest and notice of protest and non-
payment of this Note, and expressly agree jointly and severally to
remain and continue bound for the payment of the principal and
interest provided for by the terms of this Note, notwithstanding
any extension or extensions of the time of, or for the payment of
said principal or interest, or any change or changes in the amount
or amounts agreed to be paid under or by virtue of the obligation
to pay provided for in this Note, or any change or changes by way
of release or surrender or substitution of any real estate and
collateral, or either, held as security for this Note, and waive
all and every kind of notice of such extension or extensions,
change or changes, and agree that the same may be made without the
joinder of the undersigned.
CITY OF CLERMONT, a Florida
Municipal corporation
BY:~~
MAYOR -
Documentary Stamps in the Amount of $1,772.75, have been affixed to
the Mortgage
(F:\Real\O96\Clerm-4.wpf)
-2-
,
8
8
MAGUIRE, VOORHIS & WELLS, P.A.
Two South Orange Plaza
Orlando, Florida 32801
CLOSING STATEMENT AND DISBURSEMENT SHEET
SELLER:
CLERMONT GROVES, INCORPORATED, a Florida
corporation
BUYER:
CITY OF CLERMONT, a Municipal corporation
PRORATION
DATE:
November 16, 1994
PROPERTY:
See Exhibit
Florida
"A"
attached hereto,
Lake
County,
PURCHASE PRICE:
Purchase Price
Purchase Money Mortgage
Cash at Closing
ADJUSTED TOTAL
EXPENSES
State Stamps on Deed
Record Deed
Record Mortgage
Intangible Tax on Mortgage
Documentary Stamps on Note
Record Declaration
Record Impact Fee Agreement
Owners Title Insurance Premium
Title Search
TOTAL
RECAPITULATION
peller
Cash at Closing $
Plus: Expenses
-0-
2.445.75
TOTAL CASH DUE
FROM SELLER
$
2,445.75
RECEIPTS
From Buyer
From Seller
Total
CREDIT SELLER CREDIT BUYER
$ 506,480.00 $
506,480.00
-0-
$ 506,480.00 $ 506,480.00
CHARGE SELLER CHARGE BUYER
$ 1,772.75 $ 1,772.75
19.50
55.50
1 012.96
Cl: 772. 75.-/~
24.00 28.50 'Y""Y""f
529.50 529.50
100.00 100.00
$ 2,445.75 $ 5,271. 96
Buyer
Cash at Closing $
Plus: Expenses
-0-
5.271.96
TOTAL CASH DUE
FROM BUYER
$
5,271. 96
$ 5,271.96
2,445.75
$ 7,717.71
't
..-
8
8
DISBURSEMENTS
P.A.
$ 6,458.71
200.00
1,059.00
$ 7,717.71
1. Clerk of Circuit
(recording and
2. Fidelity Title &
(title search)
3. Maguire, Voorhis & Wells,
(title insurance)
Court, Lake County
stamps)
Guaranty Company
TOTAL DISBURSEMENTS
NOTE:
Seller and Buyer hereby waive proration of the 1994 Real
Property Taxes.
The parties acknowledge that in preparing this Closing Statement
MAGUIRE, VOORHIS & WELLS, P.A. has necessarily relied upon
information provided by others and therefore cannot warrant the
accuracy of that information.
This Closing Statement has been examined and approved, by the
undersigned, and MAGUIRE, VOORHIS & WELLS, P.A. is authorized to
disburse in accordance herewith this /1J1v day of November, 1994.
SELLER
BUYER
CLERMONT GROVES, INCORPORATED,
a Florida corporation
B~OC
Rex V. McPherson, II
President
CITY OF CLERMONT, a Florida
municipal corporation
BY:
Mayor
(F:\Real\O96\Clerm-6,wpf)
" ~
,
8
8
EXHIBIT "A"
PARCEL 1:
Commence at the Northwest Corner of Section 3, Township
23 South, Range 26 East, thence run S 89°36'42" E along
the North line of the Northwest 1/4 of said Section 3 a
distance of 352.18 feet for the Point of Beginning; 1)
Thence continue S 89°36' 42" E along the North line of the
Northwest 1/4 of said Section 3 a distance of 657.82
feet¡ 2) Thence run S 00°24'05" W a distance of 1010.00
feet; 3) Thence run N 89°36'42" W a distance of 1010.00
fp~t to a point on the West line of the Northwest 1/4 of
said Sec'tion 3; 4) Thence continue N 89°36'42" W a
distance of 13.06 feet; 5) Thence run N 00°24'05" E
parallel with the West line of the Northwest 1/4 of said
Section 3, a distance of 322.61 feet; 6) Thence run S
89°35'55" E a distance of 13.06 feet to the West line of
the Northwest 1/4 of said Section 3; 7) Thence continue
S 89°35'55" E a distance of 36.94 feet; 8) Thence run N
00°24'05" E a distance of 50.00 feet; 9) Thence run S
89°35'55" E a distance of 315.24 feet; 10) Thence run N
00°24'05" E a distance of 637.47 feet to the Point of
Beginning to close all lying in Lake County, Florida.
PARCEL 2:
Commence at the Northwest corner of Section 3, Township
23 South, Range 26 East, thence run S 89°36'42" E along
the North line of the Northwest 1/4 of said Section 3 a
distance of 1010.00 feet for the Point of Beginning: 1)
Thence continue S 89°36' 42" E along the North line of the
Northwest 1/4 of said Section 3 a distance of 313.38 feet
to the East line of the West 1/2 of the Northwest 1/4 of
said Section 3; 2) Thence run S 00°23'44" W along the
Ea~t line of the West 1/2 of the Northwest 1/4 of said
Section 3 a distance of 2239.71 feet; 3) thence run N
89°36'42" W a distance of 1323.61 feet to a point on the
West line of the Northwest 1/4 of said Section 3; 4)
Thence continue N 89°36'42" W a distance of 13.06 feet;
5) Thence run N 00°24'05" E parallel with the West line
of the Northwest 1/4 of said Section 3, a distance of
1229.71 feet; 6) Thence run S 89°36'42" E a distance of
13.06 feet to a point on the West line of the Northwest
1/4 of said Section 3; 7) Thence continue S 89°36'42" E
a distance of 1010.00 feet; 8) Thence run N 00°24'05" E
a distance of 1010.00 feet to the Point of Beginning to
close, all:lying in Lake County, Florida.
, -
<1
8
.
MAGUIRE, VOORHIS & WELLS, P.A.
~d~
SUNBANK CENTER. SUITE 3000
200 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 328DI
TELEPHONE (407) 244"'00
F'AC5""'LE (407) 8n 6207
TWO SOUTH ORANGE PLAZA
2 SOUTH ORANGE AVENUE
REF'LECTIONS ON THE RIVER. SUITE 303
1499 SOUTH HARBOR CITY BOULEVARO
MELBOURNE FLORIDA 329DI
TELEPHONE (407) 95! 1776
F'ACS""'LE (407) 951 1849
WRITER'S DIRECT DIAL
ORLANDO, FLORIDA 32801
TELEPHON E (407) 244 - 1100
FACSIMILE (407) 423 - 8796
(407) 244-111 7
MAILING AODRESS
POBOX 633
ORLANDO, FLORIDA 32802
25 SOUTHEAST SECOND AVENUE
SUITE 1007
MIAMI, FLORIDA 33131
TELEPHONE (305) 374 6025
F'ACSI""LE (30S) 374, 5824
September 14,
1994
VIA FEDERAL EXPRES~
Mr. Wayne Saunders
City Manager
City of Clermont
One Westgate Plaza
Clermont, Florida
34711
RE:
Clermont Groves, Inc. ("Clermont Groves")jConveyance of
Utility Site to the City of Clermont
Dear Wayne:
Please find enclosed four (4) counterpart Agreements executed
on behalf of Clermont Groves. Please have each counterpart fully
executed on behalf of the City of Clermont and return two (2) fully
executed counterparts to my office.
If you should have any questions regarding this matter, please
do not hesitate to contact me.
I look forward to seeing you soon.
Sincerely,
1(¡ ~
°\ \"V
Mr. Rex V. McPherson, II (via fax - wjo enclosures) . ~
Mr. H. Douglas Miller (via fãx - w/o enclosures) -~
Lenny Baird, Esquire (via faR - wjo enclosures) ~p- ~è: -
Mr. Marshall Ames (via faR - wjo enclosures) /:...1 '.' ~
Joel Sowers, Esquire (via fax - wjo enclosures) ~ ~\
Mr. Walter Tilly (via fax - wjo enclosures) ( ,I)
R:\REAIJ\O65\918298\001\\'IS0914.LTR /' A]I / [1 91/
,i(.Y- ( 01. Î/ .--
)\ ~~
J~/~ 2y
JELSjdah
Enclosures
cc:
.
-.,
- . -- - -
'-- --
> CLfRt«)NT tROVES, INC. ' , ", ~ ,- - ..
Post Office Box 77038. .fnte~ Ca~den. F1o~fda 34777-0338 (~~07/656-2291 ~' L
CITY, OF CLIRMONT, a municipal corporation ~
Post Otf'ce Box 20219. Clermont. Florida 34712-021" (~901f/394-4081 ~
by agree that the Seller shill sell ard Bu)'er shall b.Iy the 1oI~ real pI'Op8(ty (~") and ~ property ('~') IcoIIedIveIy ~) upon the ~
IS and concIIIIons. wI"ÕCh INCLUCE the Stardatds lor Real Estate Transactions I~'I pmted on the - or attãCIØfãñd any Ròn ~ 10 INs I"II!IJUrnert.
DESCRIPT1ON: "
lake
Ial Legal d8sat>tion of Real P\'oøerty 1ocafBd... -
SEE ATTACHED LEGAL DESCRIPTION
C<aInIy. Ronda.
(b) Stn!eI addreas. aty. zip, of the PIoperty Is.
Ie) I'InonaIIy
PURCHASE PRICE ,,""""""""""""" """'" """ ....,..
A\YMENT:
(a) [)eøosrt(s) to be held.. escrow by
(bl Addiloona/ escrow deposit W1IhuI - ~ atler EHectNe Date lllihe amcunI 01
(e) Sub ØCt to AND assulT1]bon of mortgage Ø1 good staroll'lg In Ia-..or of
:lEE ADDENDUM
.. , S
,.. " , ....,
s
s
In the amount 01
, ........, ..
hav1ng an apptt)J<Jmate pre:¡en ptV'q)8J bBIarce 01 S
(d) P\Jrthase money ~ ard nore beanng amuallI'IIerest at "" (see Adderdum) on amoo..ral of ' S
(e) OtI'.er S
(0 Balance to close (U S. cash, LOCALLY DR.AWN eer1lfied or easluer's check), SJb eCi to adjUStments ard proratIOnS S
TIME FOR ACCEPTANCE; EFFE~ D.(TE; FACSIMILE: W tI'os oIfe< IS nor executed bI> ard der.-ed to all partes OR FACT Of EXECVT1ON COtTWßJntC3ted III wnIng
-ween the parties on or befor9 . the deøosIl(sl will, al Buyer's oct"'". be returned 10 EIu)<Y and !Ius otter wIthdrawn. A facsimile copy of !his
.,tract for Sale an:! Purchase ("Contract") and any sognatures hereon shaß be oonsdered for all purposes as orig<nals. The d&te of Contract ("EHectM> Date'l wi! be the date wI'en
. - ore of the Buyer and SeDer has SIgned this otter
FINANCING:
(a) II the purchase pA:e Of any part of it Is to be ~ by a third-party loan, !hIS Contract 18 con:!iboned on the &.Iyer obtalnong a wntten commrtrnent lor (CHECK 11)
Of (2) or (3)1: (1) 0 a fixed, (2) 0 an ad~ or (3) 0 a flX8d or adJ Slable rate loan ~ ~ alter EIfedM! Date 81 an r\I!IaI onI9tesI rate nor ID exceed ~ "",
term 01 NI A yeatS and lor the ~ arrount 01 S NI A a¡yer WID make application W1Itbn HI A ~ after EHectrve Date and use reasonable
diligence to obtain the loan corrn..ame..1 ard. thereafter. to meel the terms ard condrtions' of the commitment ard eIœe !he loan a¡yer shall pay all loan expenses. II ~
faJb 10 obtarn the comrritrnenl Of fails ID waNe ~s nghts ur'der tI'os subparagrnph Wlltun the tvne lor obtaJrmg !he commtment or alter dlrlQl!f1l effort !ails to meet !he
terms and condltoons of the commitment, then erttø' party !hereafter by prorT1! t wntten norice 10 the other mz,¡ carcØ the Contract ard eu-,e- shaNIt be refundecJ the deøosrtlsl
(b) The 8XJS!Jng mortgage desai)ed in Paragrnph R(e) aÞo.e has (CHECK (1) or 12)), (1) 0 a vanabIe on1etest rate or (2) 0 a fuced IIIterest ,ate 01 I A "" per anrum
AJ bme of !rile transfer some fixed Interest rates are sJb ect to maease "Jrxreased. the rate shall nor exceed HI A , p9f anrom Seller Shall. wlttlln HI A days after
EfteclM! Date. furnish slatements from aD ITO)rtgageeS staling pnrapaJ balances. rrell-od of payment, lII_t rate ard :<latus 01 /rOt1ga\ es. " Buyer has agreed 10 assume a
~ ~ ~ ~ Buyer ~¡':) ~.: ~ then ~ ~~ttyN 1f!n aD ~:: ~~ ~~~ ~~ ~
by mortgagee or the -- for ~ are not In accordance wrtII the terms of !Ius Contract or rnor1Qagee nakes a cIIatge In excess of the slated amount. Seller
or Suvar may resand Ihos Contract by ~ wntten nobce to the other party unless erther elects to pay the ItICtÐ3S<! II """real ,ale or excess mor'gagee charges.
TTTl.E EVIDENCE: At least ten (10 \ days before closing date, Seller shall al SeIler's expense, def..- to ~ or ~s a!torrey, In acoordat'ce WIth SIardatd A.
-iECK III or (2)): (1) 0 abstract of bile Of (2) IJI bile ansurance commitment ard, attar do3ll'lO, owner's pOlicy of tJtIe ltISJ,atœ, \....
ClOSING DATE: This transacbOn shall be closed ard the deed ard other closing paœN! delNered on . uriess extended by 0Iher pI'O'iISIOtIS 01 Contract.
RESTRICT1ONS, EASEMEN1S; UMrTAT1ONS. Buyer shall take nile sub¡eçt 10 zof1>ng. restn:;toons. prohtbrtJons ard other I9Q<AmmenIs rnposed by goverrumnlal aulhonty. restnct>ons
j matt'" appearing on the pial or oIherMse common to !he subdMSlOtl. publIC Ublrty easemerts 01 record (easements ara to be located con!9JOu:S 10 Real Property lines and
mora than 10 feel III WIdth as to the rear or front lines ard 7'1> feel on WIdth as to the - Ires, unless ~ st>.ted teteon), taxes for year 01 closing ard soA>seq.,ent
1rs, assumed mor1gageS and purchase money mortgages. ð any; other' Clermont P .D. Crdi nance
, proo.->OOd.
purpose( s)
!llhere exists al clOSIng no \/IOIa1"," of the foregcong and non! 01 them preo.ents use 01 Real Property for
uti 11 tv
I OCCUPANCY: Seller warrants thai there are no partJes II occupar-cy otre, than Sener: but. ~ Property IS Inlended 10 b;, rented or ~ be'f"-.:I elos"v, the /act ard terms
reo! shall be staled herein and the tenant(s) or oca.pants dISClosed pursuanl to Staréatd F Seller agrees to delM!' 0c01>-1tIC'f 01 Property at !"ne 01 closing unless othe<WISe
red retetn If ~ IS to be œfl'Æted before cIos<ng, ar,.,r assumes all rISk 0I1os.s 10 F'x.;>erty from date 0' occupant'V, shall be responsible ard liable for maintenance from
: date, ard shall be deemed to have acx:epted Property m its 8X\SIJng eonej,toon os of !line 01 taking oca.oar'c( unless o!l'etWls< rated heretn or In a separate wnbng
TYPEWRrTTEN OR HANDWRITTEN PROVISIONS: Typewntten or handwntten ptOV\SIOI'\S snz! control all ponied pro\IISIM< of Contract In coone! wrth them,
RIDERS: (CHECK" any of the foIlowlI'Ig RodeN! are appflCabie ~ are attached to thIS Conlr<.~ )
(e! 0 FHA/VA RIDER
(!) 0 OTHER
(aID COASlJ'.L CONSTRUCTION CONTROL LINE RIDER (e) 0 FOREIGN INVESTMEN¡ 'N p~ :>ROPERTY TAX .. : - RIDER
(b) 0 CONDOMINIUM RIDER (d 0 INSUlAilON RIDER
ASSlGNABIUTY(CHECK(1)or(2)1BuyerI1)Ort\ð'(asSl(;nor(2)~'T\3)' -:;:;", ,~.-;..,'-,:
SPECIAL CLAUSES: (CHECK (1) or (2)1 AddenO..ffi (1> 0 IS atta~ or (2: t;.: ~ no - 0<; ,1
TIME IS OF TME ESSENCE OF TMIS CONTRACT,
I DISCLOSURES: Buyer 0 acknowledges or 0 does not acl<now!edge rece~ of the agency/'adon/~tJon and estimated doSII1g costs óosc!osures
nus IS INTENDED TO BE A LEGALlY BINDING CONTRACT. IF NOT FULlY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THS ~ HAS BEEN ~O BY '!HE F\.ORICoI. ASSOCIATION OF REALTORS AH;) F\.ORIOA BAR
~ dœS ,." c:cnsrtaJOt .. - - "., allhtJ ....... - cødlJO'>l " Ihs Corc8:t fIO6j Þe "'" - " . ~ ..-.. T-
IM c:odIxre - Þ8 ~ - IØJtI /lie -""'" ........ ~ ..., .,-
COPYRIGHT 1991 BY 1HE FlQRDA BAR ÞH:J Œ .
~~~N61/~~ <) /2-; A; - :: - CL~RHõ~T- - . C
~~orT:J.I~ ~ I I SocI3l=R;Ta~;DM;PhersO
Date
BUYER'S INITIALS
c; II'¡ «ïl:
Date
(_,
SocI3l Se<:unty or Tax I D ,
(Buy..)
"al Seo.mty or Tax I D #
-oSl! urder Paragraph R(al re<:8NIId, F OTHER THAN CASH. THEN SUBJECT TO ClEAAANCE
:JKER'S FEE. (CHECK NÐ COMPl£TE n£ ,:>tolE APP\.JCABlE) By
( E SCtOW 1vp>I.)
ng cooperating oub-agenta named. acoordw1g 10 the terma 01 an e>astng, aeparatø rl8b1g ~
agrees ID P8Y !he named~. at !me 01, of aaIa. comøensabOn" Iha 8fYQd of (c:::oMPLETE ON-Y ONEI
.... 01 grœa purd'eae pA:e or S for 9rckow'a -- In effectIng II'e Buyer ready, MIrv and able to p.RNM ~ ID !he IonIgoing ConIr8cL
1oJyer Ids ID pertorm and depoeit(a) Ia reIaired, 50-... 1hereoI. but a , ahaII be p&id &oker aa fuI ~bon lor Broi<ar'a --
udong costs ~~ Broker, and the balance , n the transact"'" eh8II not close or feiure of Sella< ID perform, Seller ah8I PttY the
lee to &oIc8r on In any Contract COt'ICCItfWIg the Br1:Nt"a lee II'e rWIIIong party aheII orrø(a Ieee ...., c:oø.
. ,',""' &""""
"umna"",oI....."",9o'jO",
. ,
" '-
--- -"---
'\
Date
.-
.."',
, ;':. {:;
: ,..~ ~'
~{L\~¥~~ ,
~ '::r~> ::':::,<' "
8
8
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
BY AND BETWEEN
CLERMONT GROVES, INC., AS SELLER AND
CITY OF CLERMONT, AS BUYER
THIS ADDENDUM is attached to and made a part of that certain
Contract for Sale and Purchase between CLERMONT GROVES, INC.
("Seller") and CITY OF CLERMONT ("Buyer").
A sketch of the Real Property is attached hereto as
Exhibit "A" and incorporated by reference. Within.1...s2..-
days from the Effective Date, Buyer, at Buyer's
expense, shall obtain a survey of the Real Property to be
acquired as follows:
1.
a.
b.
c.
d.
Approximately forty-five (45) acres shall be
conveyed for a sewage treatment site (the "Sewer
Site") .
Approximately l8.5 acres shall be conveyed for a
well site (the "Well Site").
The westerly boundary of the Real Property shall be
configured so as to include the existing well. An
area 50' x 50', and having as its center the
existing well southwesterly of the Real Property,
shall also be identified by said survey, together
with an easement from said 50' x 50' area to the
balance of the Real Property, which easement shall
be configured to lie within the right-of-way of
Hancock Road.
The acreage of the 50' x 50' area (the "South Well
Site") and the balance of the Real Property shall
be determined by the survey to be obtained by
Buyer. The Purchase Price shall be Eight Thousand
and No/lOO Dollars ($8,000.00) per acre, plus an
amount as agreed between Seller and Buyer
representing the value of the existing wells,
failing which said wells shall be excluded from
this transaction.
2.
The Purchase Price is to be paid to Seller by Buyer as
follows:
a.
The total Purchase Price, together with interest
thereon at six percent (6%) per annum, compounded
annually, on the unpaid balance, shall be paid by
disbursing to Seller one hundred percent (100%) of
all sewer and water impact fees paid to Buyer in
connection with the property generally known as the
Clermont Hills P.D. and the Lake Louisa P.D.
Additionally, Seller shall receive twenty-five
percent (25%) of all sewer and water impact fees
paid by any other party to obtain utility service
which will be provided by facilities to be
constructed by Buyer on the Real Property.
Notwithstanding the foregoing, Seller shall not
receive any portion of the funds to be paid by
Greater Construction Company or any affiliate
thereof for one hundred (100) sewer taps to be
provided by Buyer to said entity, or any funds
received by Buyer from the Florida Department of
Environmental Protection Agency.
b.
As sewer or water impact fees are received by
Buyer, Buyer shall maintain a strict accounting of
same, and shall disburse any sums due Seller
hereunder not less frequently than on a monthly
8
8
basis. Seller shall continue to receive such sewer
and water impact fees in the percentages as set
forth above until the Purchase Price and all
accrued but unpaid interest thereon have been
received by Seller. Seller and Buyer acknowledge
that sewer and water impact fees have not yet been
established by Buyer, but that such fees will be
established by Buyer and applied on a uniform basis
to all parties receiving utility service from the
facilities to be constructed on the Real Property.
3.
As additional consideration hereunder, Buyer hereby
agrees that Seller shall be allowed to designate the
parties to receive the excess sewer capacity (estimated
to be approximately one hundred (lOO) equivalent
residential units) available from the package plant which
Buyer intends to install on the Sewer site after delivery
by Buyer to Greater Construction Company or its affiliate
the first one hundred (lOO) ERU's of such capacity.
Additionally, Seller shall be allowed to designate the
parties to receive the additional water connections from
the well to be constructed by Buyer on the Well site for
forty-five (45) water taps. Seller shall be entitled to
retain said sewer and water taps for future use by
purchasers of portions of property currently owned by
Seller and its affiliates. This shall be the case even
if the purchasers of property of unaffiliated third
parties desire to obtain capacity in either the sewer or
water facilities to be constructed on the Property.
4.
Buyer agrees that the configuration of the utility
facilities to be constructed on the Real Property shall
be located as generally depicted on Exhibit "A", with the
Well site in the more northerly location, and the Sewer
site in the more southerly location. Exhibit "A" also
depicts the general configuration of the sewer facilities
which will be installed within the Sewer site. Seller
and Buyer shall cooperate to arrive at a mutually
acceptable site plan consistent with the operational
needs of Buyer. Buyer covenants and agrees that Buyer
shall not construct an elevated water tank on the Well
site for a period of ten (lO) years following acquisition
of the Real Property by Buyer. Additionally, no signage
shall be permitted on any water tank to be constructed
other than the words "City of Clermont" and the City of
Clermont logo without Seller's consent, which consent may
be withheld in Seller's sole discretion. Buyer
additionally covenants that any aeration tanks or
hydropneumatic tanks needed in connection with the Well
Site will be constructed east of the well location. At
the time of conveyance of the Real Property, a
Declaration of Restrictions shall be recorded,
restricting use of the Real Property as provided herein.
5.
Seller has previously received a Level I environmental
assessment (the "Level I Assessment") on the Real
Property, and has delivered a copy of same to Buyer.
Buyer shall review said Level I Assessment and determine
whether additional environmental testing is desired by
Buyer. Such testing, if deemed necessary by Buyer, shall
be performed at Buyer's expense, after approval of
additional testing by Seller. Notwithstanding the
foregoing, Seller and Buyer agree that there shall be no
groundwater testing in connection with the acquisition of
the Real Property by Buyer. In the event it is
determined that additional testing or remedial action is
required by Seller in connection with either existing
2
8
8
well, Seller shall have the option of excluding such
portion of the Real Property from the conveyance to
Buyer.
6.
Buyer acknowledges that Seller would not agree to convey
the Real Property to Buyer without the covenant and
agreement of Buyer to landscape the facilities to be
constructed on the Well site and the Sewer site in such
a manner as to minimize the visual impact of such
facili ties on the balance of Seller's property.
Accordingly, Buyer shall landscape said facilities in
accordance with the landscaping plans attached hereto as
Exhibit "B", which are incorporated by reference herein.
Said landscaping plans are in compliance with the current
landscaping standards promulgated by the City of
Clermont. In the event such standards are made more
stringent between the conveyance of the Real Property and
construction of the facilities on the Well Site and Sewer
site, Buyer agrees to comply with such revised standards.
Additional, Seller shall retain the right, at Seller's
sole cost and expense, to install additional landscaping
within the boundaries of the Real Property in such a way
as to minimize the visual impact of the facilities to be
constructed on the Real Property, such additional
landscaping to be consistent with the operational needs
of Buyer, and subject to no extraordinary maintenance
requirements. After the installation of such
landscaping, Buyer shall be responsible for the
maintenance and replacement of such landscaping. The
Declaration of Restrictions referenced in paragraph 4
above shall also include the matters set forth in this
paragraph 6.
7.
Seller acknowledges that a golf course may be constructed
on a portion of the balance of Seller's property located
adj acent to the Real Property. At such time as said golf
course, if any, is constructed, Seller or its successors
shall agree to make said golf course available for spray
irrigation disposal of treated effluent by Buyer. The
cost of installation of the irrigation system to service
said golf course shall be borne by the party constructing
the golf course. Said irrigation system shall be of a
design as determined by the developer of the golf course
property. In the event Buyer requires that said
irrigation system be enhanced by moisture sensors or
other special equipment not deemed necessary by the
developer of the golf course, or other regulatory
agencies, said enhancements shall be provided to the
irrigation system at the sole cost and expense of Buyer.
Further, the transmission line from the well or other
facilities providing irrigation water shall be
constructed at the sole cost and expense of Buyer. Buyer
acknowledges that the amount of treated effluent to be
sprayed on the golf course shall not exceed such amount,
in the discretion of Seller or Seller's successors and
assigns, as can be properly disposed of on the golf
course without affecting the condition or operational
aspects of said golf course. until construction of such
a golf course, Seller shall make available portions
(approximately one hundred (lOO) acres) of its adjacent
property for effluent disposal. Buyer shall
simultaneously seek permits for a temporary spray field
location on Seller's adjacent property and percolation
ponds on the Property. It shall be Buyer's
responsibility to determine an appropriate site for such
effluent disposal, subject to Seller's reasonable
approval, which approval shall not be unreasonably
3
8
8
withheld or delayed. Seller shall provide such
irrigation facilities as presently exist on its adjacent
property, on an "as is, where is" condition for Buyer's
use. It shall be Buyer's responsibility to obtain all
necessary permits for the disposal of such treated
effluent by either said temporary spray field or
percolation ponds, and any rehabilitation of existing
irrigation systems shall likewise be at Buyer's expense.
Notwithstanding the foregoing, Seller shall have no
obligation to provide a site for alternative effluent
disposal beyond the first to occur of five (5) years from
year from the date hereof, or twelve (l2) months from the
date on which Seller gives notice to Buyer that the
property being utilized to provide alternative effluent
disposal is needed by Seller for other purposes. Any
expenses related to the fencing of effluent disposal
facilities constructed by Buyer shall be at Buyer's sole
cost and expense. At such time as Seller's remaining
property is no longer being used for alternative effluent
disposal, Buyer shall remove said fencing, and shall
restore Seller's property as nearly as is possible to the
condition in which it existed prior to disposal of said
effluent. Irrigation water (either treated effluent or
from supplemental sources) shall be provided by Buyer to
the developer of the golf course for golf course
irrigation at no expense to said developer or its assigns
for so long as any portion of Seller's property is
required hereunder to be provided to Buyer for effluent
disposal. Thereafter, irrigation water (either treated
effluent or from supplemental sources) shall be provided
by Buyer to the developer of the golf course for golf
course irrigation at the standard fees uniformly implied
for other users of irrigation water from Buyer's utility
system.
8.
Buyer acknowledges and confirms that this conveyance from
Seller to Buyer is being made on threat of condemnation
by Buyer of Seller's Real Property. Buyer confirms that
it has communicated to Seller its intention to acquire
the Real Property through its condemnation powers in the
event negotiation of a purchase and sale between and
Seller and Buyer is not successful.
0
9.
In connection with the expenses related to the
transaction contemplated hereby, Seller and Buyer shall
each bear fifty percent (50%) of the documentary stamp
taxes required on the instrument of conveyance and for
the cost of the title insurance commitment and title
insurance policy to be delivered to Buyer. Seller's
counsel, Maguire, Voorhis & Wells, P.A., as agent for
First American Title Insurance Company, shall issue said
title insurance commitment and title insurance policy.
Seller shall pay the cost of recording any corrective
instruments and the cost of recording the deed. Buyer
shall pay the cost of the survey and the cost of the
recording the Declaration of Restrictions required
hereby. Buyer shall also pay any expenses related to
additional environmental testing of the Real Property,
after such additional testing requirements are reviewed
and approved by Seller. Each party shall pay its own
attorneys' fees.
lO.
Buyer covenants and agrees that the annexation of other
property of Seller and its affiliates is not a
requirement hereunder. Notwithstanding the foregoing,
Buyer agrees that neither Seller, its affiliates, or
purchasers of the property of Seller or its affiliates
4
l1.
l2.
l3.
l4.
8
8
shall be required to pay sewer impact fees or water
impact fees in excess of those routinely charged by other
residential users or commercial users served by the
facilities installed on the Property.
The obligation of Buyer to pay the Purchase Price to
Seller shall be secured by a Purchase Money Mortgage
which shall be recorded at the time of conveyance of the
Property to Buyer. The documentary stamp taxes and
intangible taxes on said mortgage shall be paid by Buyer,
and the Purchase Money Mortgage and note secured by same
shall be prepared by Seller.
The conveyance contemplated hereby shall take place
within five (5) days of the date on which Buyer notifies
Seller it has applied for all necessary permits and
approvals to commence construction of the well on the
Well Site, and to locate the package plant on the Sewer
site. In the event the permits and approvals necessary
for such construction and placement have not been applied
for within three (3) months from the date hereof, at
Seller's election, this Contract shall be null and void,
and each party shall be released from further liability
to the other party except as provided herein.
Buyer acknowledges that it is a material inducement to
Seller to convey the Property that Buyer will construct
the contemplated utility facilities on the Property. In
the event said utility facilities, understood to mean the
potable water well on the Well site, and the minimum
lOO,OOO gallon per day sewer package plant are not under
construction within six (6) months from the date hereof,
or not in place within one (l) year from the date hereof,
the Property contemplated to be conveyed hereby shall
revert to Seller, and Seller shall have no further
obligation related to Buyer, either to reimburse any
portions of the Purchase Price previously paid, or
otherwise. Additionally, in the event that (i) within
twelve (l2) months from the date hereof, Buyer has not
submitted all applications for permits and taken all
other actions which Buyer can take to commence
construction of permanent sewer facilities of at least
l,OOO,OOO gallon per day capacity on the Sewer Site; or
(ii) within twenty-four (24) months from the date hereof
Buyer has not completed construction of said 1,000,000
gallon per day minimum permanent sewer facilities on the
Sewer site (except for delays caused by parties other
than Buyer); or (iii) in the event any developer of
Seller's adjacent property requires additional utility
capacity to continue development of said Property, which
utility capacity is not available from Buyer's temporary
or permanent sewer facilities, and Buyer does not either
make satisfactory arrangements within three (3) months
from notice by Seller of the need for such additional
capacity, or in the event Buyer does not allow Seller or
its assigns to bring an additional package plant or
plants onto the Property to accommodate the utility needs
of said parties pending completion of the construction of
the sewer facilities to be constructed on the Property,
the Property shall similarly revert to Seller on the
terms and conditions as set forth in the next preceding
sentence.
This Agreement shall be binding on the successors and
assigns of both Seller and Buyer, and the provisions
hereof shall benefit the successors and assigns of both
Seller and Buyer, including purchasers of portions of the
5
8
8
adjacent property of Seller and its affiliates in the
vicinity of the Property.
IN WITNESS WIiJ;:RA9F,
Addendum this ¿)' / .Æ:7'-
the parti-e._s.&...h~to have executed this
day of ~7 1994.
"BUYER"
CITY OF CLERMONT,
a municipal corporation
By:
Its:
~
"SELLER"
CLERMONT GROVES, INC.,
a Florida corporation
BY:~C
Rex V. McPherson, II,
President
R:\REAL\065\918298\001\CLERMONT.ORG
6
..
i
\ "
¡
I
1
.
I
1
.
,\
, . ._~'," ;.';. - ,
t,-"".' , " ", -
-
, ,
" . , " "
-)00
,8
N
1 Inch. - SOO It..
8
EXHIBIT "A"
,
, ". -,..- ..-
"
. '- --
. -'~":
I~
~
PREUMINARY SITE PLAN
Cll"Y OJ." CLERMONT
tJ"lLrrY PLAN
~
ItO'
RlC Nt"
'-00 1I:f/.C!
........
"'b
,-
'0
Õ
Wl.
I
I
I
)~O'
\01'1
~
0
0
-'
i-\
IJI::7
""'4
'...,
fj
\J\
~
~
1~
"'""""':""'-"-""".":""~':_'"."
.:-'.:..-",-:.',:_';."'.. ,'. "';"-"'~."." ,-....;
" .
- '. - -." "
, . ", ',' -" "
" . '. '
8
8
EXHIBIT "B"
Landscaping Plan for landscaping of utility site
A five (5) foot wide landscape easement shall be provided along the
western most and southern most boundary of the Property. within
this easement shall be planted shrubs (ligustrum or alternate
approved by Seller) so as to provide opaque screening and shall be
properly maintained by the City of Clermont at a height of six (6)
feet. The individual shrubs should be planted 30" on center, and
shall reach the required six (6) feet in height within two (2)
years of planting. Additionally, trees shall be planted 50' on
center (live oak or alternate approved by Seller). Trees installed
shall be a minimum twelve (l2) feet in height and 2 1/2" caliper
D.H.B. at the time of planting.
R:\REAL\065\918298\001\CLERMONT.ORG