Resolution No. 2023-045RCLER' NT CITY OF CLERMONT
�d RESOLUTION NO.2023-045R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE
OF THE REAL PROPERTY AND IMPROVEMENTS LOCATED AT 650
WEST MONTROSE STREET IN CLERMONT, LAKE COUNTY,
FLORIDA FOR FIRE ADMINISTRATION OFFICES AND ATTENDANT
PUBLIC USES FROM DONALD K. & ELISABETH MC ATEER FOR
$785,000.00; AUTHORIZING THE MAYOR AND CITY MANAGER TO
PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE
ON THE PROPERTY AS PROVIDED HEREIN; PROVIDING FOR
CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION
OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the purchase of real property for the City use for the maintenance and
operation of fire administrative services and attendant public facilities is in the best interests of the
citizens of the City of Clermont.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont,
Florida, as follows:
SECTION 1:
The City Council of the City of Clermont, Florida does hereby approve and authorizes the Mayor
to enter into the Agreement attached hereto and incorporated herein as Exhibit "A" for the purchase
of the real property located at 650 W. Montrose Street, Clermont, in Lake County from Donald K.
and Elisabeth McAteer for $785,000.00. The City Council further authorizes the City Manager to
perform all acts necessary and appropriate to close on the property, including, but not limited to,
executing any and all documents at closing.
SECTION 2:
The City Manager is specifically authorized to withhold the formal written agreement and
completion of the transaction upon determination of any matter or factor, hereafter coming to
his/her attention which may indicate such action is not in the City's best interest, provided that
upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the
City Council, in session, for review and direction.
SECTION 3: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
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CLER' lT CITY OF CLERMONT
c�fo.� RESOLUTION NO.2023-045R
SECTION 4: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 5: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 6: PUBLICATION AND EFFECTIVE DATE
This Resolution shall take effect immediately upon its adoption.
6
CLE ' NT CITY OF CLERMONT
�,- Ch-ww— RESOLUTION NO.2023-045R
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake
County, Florida, this 1 Oth day of October 2023.
' 4L
ATTE T:
Tracy Ackroyd Hole, MMC
City Clerk
Approved as to Form and Legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, May
EXHIBIT A
CONDITIONAL CONTRACT FOR SALE AND PURCHASE
OF REAL PROPERTY
THIS CONTRACT FOR SALE AND PURCHASE (the "Contract") is made and entered by and
between The CITY OF CLERMONT, a Florida municipal corporation, whose address is 685
West Montrose Street, Clermont, Florida 34711 ("Buyer") and DONALD K. & ELISABETH
MC ATEER (husband and wife), whose address is 4415 Thermal Lane, Clermont, Florida 34714
("Seller"):
WITNESSETH:
WHEREAS, the Seller is the record owner of fee simple title to certain real property
situate in Lake County, Florida; and
WHEREAS, the Seller is desirous of selling and conveying said real property to Buyer
and Buyer is desirous of purchasing the same from Seller; and
WHEREAS, it is intended by the Buyer that the property acquired shall be used by Buyer
for the ultimate construction and operation of a public use facility and all uses attendant thereto.
NOW THEREFORE, for and in consideration of the premises hereof, the sums of money
to be paid hereunder, the mutual covenants herein contained, and for other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
do covenant, stipulate and agree as follows, to wit:
1. Description of Property. The property that is to be sold and conveyed by Seller and
purchased and accepted by Buyer pursuant to this Contract shall consist of the following, to wit:
CLERMONT W 19 FT OF LOT 8, LOT 10, BLK 77 PB 8 PG 17
ORB 1403 PG 539 of the Public Records of Lake County
Parcel No.: 24-22-25-0100-077-00800
Alt Key No.: 3474856
Street Address: 650 West Montrose Street, Clermont, Florida
together with all improvements, tenements, hereditaments, rights,
privileges and easements thereunto belonging, and as may be
identified as part of the inspection review described in Paragraph 6
below, (hereinafter together referred to as the "Property").
2. Agreement to Sell and Option to Purchase. Seller hereby agrees to sell and convey and
Buyer hereby agrees to accept an option to purchase and accept the Property upon the terms and
subject to the conditions set forth in this Contract. The option contained herein shall be subject
to and contingent upon the approval of the City Council of the City of Clermont of the terms and
conditions contained herein. Seller's agreement to sell shall be deemed an irrevocable offer to
sell the Property to expire midnight on October 13, 2023. If the agreement is approved by the
City Council of the City of Clermont and executed by the Mayor, or her designee, on or before
1W:II:l1r1
midnight on October 13, 2023, then this agreement shall be binding on the parties and the
Effective Date shall be the date of execution of the Agreement by the Mayor or his designee. If
this option agreement is not timely approved and executed as provided above, then the option
shall terminate without consequence or obligation to either party.
3. Purchase Price and Method of Pavment. Subject to credits, adjustments and prorations for
which provisions are hereinafter made in this Contract, the total purchase price for the Property
to be paid by Buyer and received and accepted by Seller shall be SEVEN HUNDRED
EIGHTY-FIVE THOUSAND DOLLARS ($785,000.00). The purchase price shall be paid by
Buyer to Seller in the manner and at the times following, to wit:
(a) Within Five (5) days of the Effective Date TEN THOUSAND AND 00/100
DOLLARS ($10,000.00) shall be paid by Buyer as earnest money deposit hereunder ("Earnest
Money Deposit"), and deposited in escrow to be held by the Daniel F. Mantzaris, Esquire,
deBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, 332 N. Magnolia Avenue, Orlando,
Florida 32801, (Escrow Agent) subject to the terms and conditions hereof.
(b) The deposit set forth above shall be held in a non -interest bearing account by Escrow
Agent and the principal amount shall be credited to Buyer and considered as payment of part of
the total purchase price for the Property at the time of and upon consummation of the closing
hereunder.
(c) The balance of the total purchase price after credits, adjustments and prorations, shall
be paid by Buyer to Seller in United States funds by cash or by wire transfer.
4. Title. Within fifteen (15) days of the Effective Date, Seller at Seller's expense shall deliver, or
cause to be delivered, to Buyer an original commitment for title insurance committing to issue
an Owner's policy to Buyer as purchaser of the Property in the amount of the purchase price (the
"Commitment"). The title company shall be selected by Seller. During the Inspection Period
described in Paragraph 6 hereof, Buyer shall determine whether Buyer is willing to accept title to
and acquire the Property from Seller. In the event that Buyer shall determine that any one or
more of the title exceptions set forth in the Commitment (the "Title Exceptions") are
unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by
delivering written notice thereof to Seller on or before the expiration of the Inspection Period,
whereupon this Contract shall terminate as provided in Paragraph 6 hereof. Upon termination,
Buyer shall be entitled to immediate refund of any and all deposit payments previously made by
Buyer, including accrued interest, if applicable. In the event Buyer shall not terminate this
Contract as a result of the investigations and inspections to be performed by Buyer pursuant to
Paragraph 6 hereof, then and in such event Buyer shall be deemed to have approved the Title
Exceptions and to have agreed to accept title to and acquire the Property from Seller subject to
the Title Exceptions.
5. Survey. Buyer may have the Property surveyed at its expense during the Inspection Period,
including the creation of an updated legal description of the Property. If the survey obtained by
Buyer discloses any encroachments or other adverse matters, of any kind, which are
unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by
EXHIBIT A
delivering written notice thereof to Seller prior to the expiration of the Inspection Period,
whereupon this Contract shall terminate as provided in Paragraph 7 hereof. If Buyer does not
terminate the Contract in accordance herewith, the legal description determined as a part of
Buyer's survey shall be used to describe the Property on all applicable documents at Closing. If
the Contract is terminated, Buyer shall be entitled to immediate refund of any and all deposit
payments previously made by Buyer, including accrued interest, if applicable. In the event
Buyer shall not terminate this Contract during the Inspection Period, then and in such event
Buyer shall be deemed to have agreed to accept title to and acquire the Property from Seller
subject to any matters disclosed by the survey of the Property obtained by Buyer.
6. Investigations and Insuections of Property.
(a) Buyer and its architects, engineers and other agents, at Buyer's sole expense, shall have
until midnight on January 15, 2024 (hereinafter referred to as the "Inspection Period") within
which to undertake such physical inspections and other investigations of and concerning the
Property as may be necessary in order to evaluate the physical characteristics of the Property, as
well as such other matters as shall be deemed by Buyer to be necessary in order for Buyer to
evaluate the Property and determine the feasibility of Buyer's purchase of the same, including,
without limitation, those matters related to the title to the Property as provided in Paragraph 4
hereof, and those matters disclosed by any survey of the Property obtained by Buyer as provided
in Paragraph 5 hereof. For such purpose, Seller hereby grants to Buyer and its agents or assigns
full right of entry upon the Property and any part thereof during the Inspection Period for the
purpose of undertaking such inspections and investigations. It is expressly provided, however,
that Buyer and any agent or assignee of Buyer who shall enter upon the Property pursuant to
such right of entry shall, as a condition to the exercise thereof, be deemed to have agreed, and
does hereby agree, to indemnify and save and hold Seller harmless from and against any and all
loss, damage, cost, expense, liability or responsibility whatsoever (including, without limitation,
reasonable attorneys' fees) which may be occasioned, directly or indirectly, by reason of the
exercise of such right of entry upon the Property, and that such indemnification shall expressly
survive both the termination of this Contract and the closing of the sale and purchase of the
Property contemplated by this Contract. Provided, however, that nothing herein shall be
construed as or deemed a waiver of any sovereign immunity Buyer may enjoy at Law.
(b) Seller shall provide to Buyer, at no cost to Buyer, copies of all reports and analyses that
Seller may have obtained, or been provided, at any time, regarding the subject property Buyer
acknowledges, to include, but not limited to any lien or security interest to any bank, lender of
finance company that may exist as to any personal property contained on the inventory described
above. Buyer agrees that it will return same to Seller in the event that the transaction
contemplated by this Contract does not timely close or the Contract is terminated, due to no fault
of Seller.
(c) Buyer's inspection and due diligence rights as contained herein, shall expire as provided
above, however, Buyer shall have the right to initiate the inspection and review as set forth
herein as of the date that this Contract is executed by Seller.
10M11:1Ur1
7. Unacceptability of Inspections. In the event that the results of the inspections, investigations,
reviews, feasibility studies and Seller approvals to which reference is made in Paragraphs 4, 5
and 6 above are, in Buyer's sole opinion and within Buyer's sole discretion, unacceptable to
Buyer for any reason whatsoever, and Buyer so notifies Seller of the fact on or before the
expiration of the Inspection Period provided in Paragraph 6 hereof, then at Buyer's option and
upon Buyer's request, Buyer may terminate the Contract and all payments or deposits, including
accrued interest, if applicable, made by Buyer shall be immediately returned to Buyer as Buyer's
sole property. If the Contract is terminated by Buyer, it shall be rendered, null and void, and be
of no further force and effect and all parties hereto shall thereupon be relieved and absolved of
any further liabilities or obligations whatsoever to each other hereunder, except with respect to
those liabilities or obligations hereunder which are expressly stated to survive the termination of
this Contract. The failure of the Buyer to notify Seller of the unacceptability of any such
inspections, investigations, reviews and feasibility studies prior to the expiration of the
Inspection Period shall constitute a waiver of Buyer's right to terminate this Contract.
8. Convevance of Prouerty. At Closing, Seller shall deliver to Buyer: (i) a duly executed
General Warranty Deed in recordable form conveying fee simple title to the Property free and
clear of all liens, encumbrances and exceptions except for matters of title accepted by Buyer set
forth in the Commitment; (ii) an assignment from Seller to Buyer in a form acceptable to Buyer,
assigning all of Seller's right, title and interest in all guarantees and warranties pertaining to the
Property and any permits, licenses, plans, authorizations and approvals relating to the Property,
(iii) a Bill of Sale or other document acceptable to Buyer, transferring any and all Personal
Property as agreed to by the parties, free and clear of all liens and encumbrances; (iv) an affidavit
from Seller certified to Buyer and to the title company in form required by Buyer and the title
company to delete from Buyer's title insurance policy all construction liens and possession
exceptions and any other exceptions the title company will delete based on Seller's affidavit; (v)
a certification by Seller which indicates that Seller is not a foreign person as defined in the
Internal Revenue Code; (vi) written affirmation that the representations and warranties set forth
in Paragraph 13 hereof remain true at the time of closing; (vii) a duly -executed Seller's closing
statement; (viii) such documents as the title company requires in order to evidence the authority
and good standing of Seller to complete this transaction; and (ix) other documents reasonably
required by Buyer or the title company in order to consummate the transaction contemplated
herein. At Closing, Buyer shall pay to Seller the Purchase Price of the Property described above,
subject to adjustments and prorations set forth herein and shall deliver to Seller: (x) a
duly -executed Buyer's closing statement; and (ix) other documents reasonably required by Seller
or the title company in order to consummate the transaction contemplated herein.
9. Closin9. The sale and purchase transaction contemplated in this Contract shall be closed, the
purchase price paid and the aforesaid notes and closing documents delivered on or before
January 31, 2024, unless this Contract has been terminated as provided herein. The closing shall
be completed by a closing agent or attorney as selected by Seller and shall take place in
Clermont, Lake County, Florida or by express mail and at such time as agreed to by the Parties.
At Closing, the City Manager of Buyer is authorized on behalf of Buyer to execute all documents
necessary to complete the transaction contemplated herein. Notwithstanding the foregoing and s
a condition precedent to Closing, Buyer shall have the right to inspect the Property on the day
before Closing. In the event that Buyer discovers any damage to the Property that has occurred
EXHIBIT A
since the expiration of the Inspection Period, the Closing shall be delayed util such time as the
damages have been repaired by Seller and accepted by Buyer.
10. Closing Costs. The Seller shall pay for state documentary stamps required to be affixed to
the General Warranty Deed, the premium for the owner's and title insurance policy to be issued
pursuant to the Commitment, the cost of recording the General Warranty Deed and any and all
other documents necessary to deliver good and clear title, and any document preparation fees.
Buyer and Seller shall each bear its own attorneys' fees.
11. Possession. Possession of the Property shall be delivered by Seller to Buyer at the time of
closing hereunder. Prior to closing and the delivery of possession as aforesaid, Seller shall
remain the owner of the Property, shall take all reasonable steps to preserve the improvements on
the Property, including but not limited to, repairing any damage caused by or related to the
removal of any personal property or non -affixed items from the Property. Seller shall bear the
risk of all loss of whatever nature, except as provided in Paragraph 6 hereof with respect to loss
occasioned as a result of Buyer's inspections and investigations of the Property. In the event that
prior to Closing all or a portion of the Property being acquired is condemned or condemnation
proceedings have been instituted for any public or quasi -public use or purpose, then Buyer shall
have the option to terminate this Contract, in which event the payments previously made by
Buyer to Seller shall be returned to Buyer, this Contract shall be deemed null and void and Buyer
and Seller shall be relieved from all liabilities and responsibilities hereunder except as
specifically provided otherwise herein.
12. Prorations. Ad valorem real and personal property taxes for the year of closing shall be
prorated as of the date of closing. If, however, the amount of such taxes for the year of closing
cannot be ascertained, the rates, millages and assessed valuations for the previous year, with
known changes and utilizing full discounts, shall be used as an estimate, and tax prorations based
on such estimate shall be readjusted by Buyer and Seller when the actual tax bills for the year of
sale are received, which obligation shall expressly survive closing for a period of twelve (12)
months.
13. Representations and Warranties of Seller. Except for the representations and warranties in
this Paragraph 13, Seller makes no representations or warranties to Buyer and shall convey the
Property `AS IS, WHERE IS, WITH ALL FAULTS." Buyer shall, by closing on the Property, be
deemed to have acknowledged that Buyer has relied solely upon its own inspections and
investigations to determine the physical condition of the Property and its suitability for Buyer's
purposes. Seller represents and warrants (which warranties shall survive the closing hereunder)
to the Buyer that:
a. From and after the date that Seller executes this Contract, Seller shall not perform or
permit any act or event that might diminish, encumber or adversely and materially
affect the condition of or title to the Property or Buyer's rights under this Contract.
b. Seller, to the best of Seller's knowledge, has not received notice from any
governmental or quasi -governmental body or agency or from any person or entity
with respect to any actual or threatened taking of the Property or any portion thereof
5
EXHIBIT A
for any public or quasi -public purpose by the exercise of the right of condemnation or
eminent domain, nor does Seller have any knowledge of any such actual or threatened
taking. Further, Seller has not received any notice of any existing or threatened
lawsuit by which any party claims an interest in the Property.
c. Seller, to the best of Seller's knowledge, is in full compliance with requirements of all
governmental authorities with respect to the Property and this Contract. Seller has
not received any notices from any city, county, state or other governmental authority
or other person or entity of violations in respect of the Property.
d. Buyer, to the best of Seller's knowledge, without the obligation of due investigation,
has or shall have unobstructed and direct access to the Property on the date of closing
to a dedicated public right-of-way.
e. Seller owns fee simple title to the Property and has full power, right and authority,
and is duly authorized to enter into this Contract, to perform each and all of the
matters and acts herein provided, and to execute and deliver all documents provided
hereunder.
f. There is no tenant or any other occupant of the Property having any right or claim to
possession or use of the Property. Possession of the Property shall be delivered to
Buyer by Seller free of rights or claims of any tenants, occupants or parties in
possession.
g. To Seller's best knowledge there has not been and there is not now: (i) any presence
of any Hazardous Substances (as hereinafter defined) on, over, under or around the
Property; (ii) any present or past generation, recycling, use, reuse, sale, storage,
handling, transport and/or disposal of any Hazardous Substances on, over, under or
around the Property; (iii) any failure to comply with any applicable local, state or
federal environmental laws; (iv) any spills, releases, discharges or disposal of
Hazardous Substances that have occurred or are presently occurring on or onto the
Property or any adjacent properties; or (v) any spills or disposal of Hazardous
Substances that have occurred or are presently occurring off the Property as a result
of any construction or operation and use of the Property. For purposes of this
Paragraph 13, the term "Hazardous Substances" means and includes, without
limitation, any toxic or hazardous substances or materials, petroleum or other
pollutants and substances, whether or not naturally occurring, including, without
limitation, asbestos, radon, and methane gas, generated, treated, stored or disposed of,
or otherwise deposited in or located on or under the Property, and also includes,
without limitation, the surface and subsurface waters of the Property, and any activity
undertaken or hereafter undertaken on the Property which would cause: (i) the
Property to become a hazardous waste treatment, storage or disposal facility within
the meaning of, or otherwise bring the Property within the ambit of, the Resource
Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. 6901 et seq., or any
similar state law or local ordinance; (ii) a release or threatened release of hazardous
waste from the Property within the ambit of the Comprehensive Environmental
EXHIBIT A
Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C.
9601-9657, or any similar state law or local ordinance or any other environmental
law; (iii) the discharge of pollutants or effluent into any water source or system, or the
discharge into the air of any emissions which would require a permit under the
Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., or the Clean Air Act, 42
U.S.C. 7401 et seq., or any similar state law or local ordinance; or (iv) any substances
or conditions in, on or under the Property which may support a claim or cause of
action under RCRA, CERCLA or any other federal, state or local environmental
statutes, regulations, ordinances or other environmental regulatory requirement,
including the presence of any underground storage tanks or underground deposits
located on the Property.
h. Seller, to the best of Seller's knowledge, has received no notice, and has no
knowledge, of any existing or pending special assessments affecting the Property
which may be assessed by any governmental authority, water or sewer authority,
drainage district or any other special taxing district or other entity.
i. There is no litigation, investigation or proceeding pending or to the best of Seller's
knowledge threatened or any other condition which relates to or affects the Property
or which would impair or otherwise adversely affect this Contract, Seller's
performance hereunder and/or Buyer's intended use of the Property.
j. Seller has not made and has no knowledge of any commitments to any governmental
unit or agency, utility company, authority, school board, church or other religious
body, or to any other organization, group or individual relating to the Property which
would impose any obligations upon Buyer to make any contributions of money or
land or to install or maintain any improvements, except as may be set forth in the
Commitment.
k. To the best of Seller's knowledge, without the obligation of due investigation, all
roads abutting the Property are dedicated public roads and the deed to be delivered to
Buyer at Closing hereunder is the only instrument necessary to convey to Buyer: (i)
full access to and right to freely use such roads; and (ii) all rights appurtenant to the
Property in such roads. To the best of Seller's knowledge, without the obligation of
due investigation, the Property has not been registered or certified as "historic" by any
local, state or federal governmental entity or historic commission.
1. To the best of Seller's knowledge and belief, no representation, statement or warranty
by Seller contained in this Contract or in any exhibit attached hereto contains or will
contain any untrue statements or omits or will omit a material fact necessary to make
the statement of fact therein recited not misleading.
m. To the best of Seller's knowledge, neither the execution and delivery of this Contract,
nor compliance with the terms and conditions of this Contract by Seller, nor the
consummation of the sale, constitutes or will constitute a violation or breach of any
agreement or other instrument to which it is a party, to which it is subject or by which
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EXHIBIT A
it is bound. The statements and representations of Seller set forth in this Contract
shall be true and reaffirmed in writing at the Closing and shall survive the Closing.
If, after the date that Seller signs this Contract, any event occurs or condition exists of
which Seller has knowledge or about which Seller receives information which renders any of the
representations contained herein untrue or misleading, Seller shall promptly notify Buyer in
writing and Buyer shall thereafter have the option to terminate this Contract prior to closing, in
which event all payments made by Buyer to Seller shall remain the sole property of Seller, this
Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities
and responsibilities hereunder except as specifically provided otherwise herein.
14. Conditions Precedent to Closing. Buyer's obligation to close the sale and purchase
transaction contemplated in this Contract shall be and is expressly conditioned upon all
warranties of Seller described in Paragraph 13 being true and correct at the time of closing
without any breach or breaches of the same by Seller, and upon all obligations of Seller provided
in this Contract being fully performed by Seller, having occurred or being waived by Buyer in
writing prior to or at closing.
15. Default. In the event that Buyer fails to close on the purchase of the subject property, and
subject to the survey and inspection periods set forth in Paragraphs 5 and 6 and Paragraphs 9 and
14, any Ernest Money Deposit shall become the sole property of Seller. Seller's retention of the
deposit shall constitute liquidated damages and be Seller's sole remedy for any breach of this
Contract by Buyer (except to the extent that Buyer damages Seller's Property), it being agreed
that (i) the deposit and any interest earned thereon is a reasonable estimate of and bears a
reasonable relationship to the damages that would be suffered and costs incurred by Seller as a
result of having withdrawn the Property from sale and the failure of closing to occur due to a
default of Buyer under this Contract; (ii) the actual damages suffered and costs incurred by Seller
as a result of such withdrawal and failure to close due to a default of Buyer under this Contract
would be extremely difficult and impractical to determine; (iii) Buyer seeks to limit its liability
under this Contract to the amount of the payments made, and to be made, and any interest earned
thereon if this Contract is terminated and the transaction contemplated by this Contract does not
close due to a default of Buyer under this Contract; and (iv) such amount shall be and constitute
valid liquidated damages. If the Seller fails to perform any of the covenants of this Contract on
its part to be performed, Buyer may at its option: (i) terminate this Contract whereupon the
payments made by Buyer to Seller shall be returned and Seller shall be released and relieved of
all obligations or liabilities under this Contract; or (ii) proceed in equity in an action for specific
performance to enforce its rights under this Contract, or if specific performance is not an
available remedy, then an action for damages and any other remedies available at law, or in
equity.
16. Assignability. Buyer may not assign its interest herein without the prior written consent of
the Seller, provided however, that such consent shall not be unreasonably withheld and Buyer
and its assignee shall be liable to Seller for any and all applicable obligations under this Contract.
Any assignment shall be in writing and a copy of such assignment executed by both assignor and
assignee shall be delivered to Seller.
1A :111.1VW11
17. Litigation and Attornevs' Fees. In the event it shall be necessary for either party to this
Contract to bring suit to enforce any provision hereof or for damages on account of any breach of
this Contract or of any warranty, covenant, condition, requirement or obligation contained
herein, the prevailing party in any such litigation, including appeals, shall be entitled to recover
from the other party, in addition to any damages or other relief granted as a result of such
litigation, all costs and expenses of such litigation and a reasonable attorneys' fee as fixed by the
Court.
18. Survival of Provisions. The provisions of this Contract shall not survive the closing
hereunder except as expressly provided elsewhere in this Contract.
19. Time of Essence. It is expressly agreed by both the Seller and Buyer that time is of the
essence of this Contract and in the performance of all conditions, covenants, requirements,
obligations and warranties to be performed or satisfied by the parties hereto. Waiver of
performance or satisfaction of timely performance or satisfaction of any condition, covenant,
requirement, obligation or warranty by one party shall not be deemed to be a waiver of the
performance or satisfaction of any other condition, covenant, requirement, obligation or warranty
unless specifically consented to in writing. Unless otherwise expressly provided herein, all
periods for performance, approval, delivery or review and the like shall be determined on a
"calendar" day basis. If any day for performance, approval, delivery or review shall fall on a
Saturday, Sunday or legal holiday, the time therefor shall be extended to the next business day.
20. Notices. Any notice or other communication permitted or required to be given hereunder by
one party to the other shall be in writing, shall be effective upon receipt and shall be delivered by
registered or certified United Sates Mail, postage prepaid, return receipt requested, or by
facsimile or telecopy transmission, with acknowledgment of receipt upon transmission, to the
party entitled or required to receive the same, as follows:
TO SELLER: Donald K. & Elisabeth McAteer
4415 Thermal Lane
Clermont, Florida 34714
TO BUYER: City of Clermont
685 West Montrose
Clermont, FL 34711
Attn.: Brian Bulthuis, City Manager
WITH A COPY TO: De Beaubien, Simmons, Knight, Mantzaris &
Neal, LLP
332 North Magnolia Avenue
Orlando, Florida 32801
Attention: Daniel F. Mantzaris, Esquire
21. Governing Law and Binding Effect. This Contract and the interpretation and enforcement
of the same shall be governed by and construed in accordance with the laws of the State of
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EXHIBIT A
Florida and shall be binding upon, inure to the benefit of, and be enforceable by the parties
hereto as well as their respective heirs, personal representatives, successors and assigns.
22. Integrated Contract, Waiver and Modification. This Contract represents the complete and
entire understanding and agreement between the parties hereto with regard to all matters
involved in this transaction and supersedes any and all prior or contemporaneous agreements,
whether written or oral. No agreements or provisions, unless incorporated herein, shall be
binding on either party hereto. This Contract may not be modified or amended nor may any
covenant, agreement, condition, requirement, provision, warranty or obligation contained herein
be waived, except in writing signed by both parties or, in the event that such modification,
amendment or waiver is for the benefit of one of the parties hereto and to the detriment of the
other, then the same must be in writing signed by the party to whose detriment the modification,
amendment or waiver inures.
23. Brokerage Fees. Seller and Buyer acknowledge and agree that neither have used or
contracted with a broker for or related to the procurement of this Contract and therefore, no
brokerage fees are due or payable. Each party agrees to indemnify, defend and hold harmless the
other party hereto from any and all loss, damage, cost or expense, including reasonable attorneys'
fees which the other party may sustain or incur by reason of any claim for any other real estate
commission, fee or charge arising by, through or under the acts of the indemnifying party, which
indemnification shall expressly survive the termination of this Agreement and the sale and
purchase of the subject property contemplated by this Agreement.
24. Radon. The following notice is incorporated into this Contract pursuant to the requirements
of Florida Statutes: "Radon Gas" - Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to person who are
exposed to it over time. Levels of radon that exceed Federal and State guidelines have been
found in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your County Public Health Unit."
25. Counterparts. This Contract may be executed in counterparts by the parties hereto and each
shall be considered an original, but all such counterparts shall be construed together and
constitute one Contract between the parties hereto.
26. Acceptance. In the event this Contract is not signed simultaneously by Buyer and Seller, it
shall be considered to be an offer by Seller to Buyer, in which event this offer shall expire at
Midnight, October 13, 2023 unless a counterpart of this Contract signed by Buyer is received by
Seller prior to that time and date.
27. Interpretation. Seller and Buyer acknowledge each to the other that both they and their
counsel have reviewed this Contract and that the normal rule of construction to the effect that
10
EXHIBIT A
any ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation to this Contract or any Exhibits hereto.
IN WITNESS WHEREOF, Seller and Buyer have each caused this Contract for Sale
and i'urchase to be executed as of dates set forth below.
BUYER::
Attest:
Tracy Howe, City Clerk
SELLER:
The City of Clermont
a Florida municipal corporation
By: c irr Sri
Mayor Tim Murry
Date- 10 - IL)- aDa�
Donald K. Mc ll
Date: %O //v� 3
t.P, ),q I dAe�
Elisabeth McAteer
Date: [0 — / ;�- — �2
Earnest Money Deposit Received: V L0 ,(XYO -0U
DeBeaubiej.., .Simmons, Knight, Mantzaris & Neal, LLP
By. _
Daniel F. Mantzaris
Date: ID -- 17 — ��
Law Office ofAnita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, Florida 347112
352.243.2801
Facsimile 352.243.2768
anita@agclaw.net
November 29, 2023
Debra Rybarczyk, Executive Office Manager
City Manager's Office
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
Re: Purchase From Donald K. McAteer and Elisabeth McAteer
650 W. Montrose Street, Clermont, FL 34711
Dear Debra:
Please find attached the following closing documents from the above referenced
transaction dated November 21, 2023:
• Original fully signed Settlement Statement
• Recorded and original Warranty Deed (this is an important original document and
should be kept with other important documents you may have)
• Original executed Closing Agreement
• Original executed Closing Affidavit (Buyer)
• Original executed Affidavit Foreign Entities (Buyer)
• Original executed No Tenant Affidavit
• Copy of the Closing Affidavit (Seller)
Your Owner's Policy will be mailed to you within 30 days from the closing date.
Thank you for allowing our office to handle your closing. If you have any questions
concerning this closing or need assistance in the future, please contact our office.
Sincerely,
Q
Donna L. Divine, Administrative Assistant
to Anita Geraci-Carver, Esquire
cc: Daniel F. Mantzaris, via email
HUD-1 U.S. Department of Housing
A. Settlement Statement and Urban Development OMB No 2502.0265
B. Type of Loan
C 1. FHA C 2. FmHA C 3. Conv. Unins. 6, File Number 7. Loan Number 8. Mortg. ins. Case Num.
00640-001
O 4. VAC 5. Conv Ins, I
ID:
C. NOTE:This form Is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown Items
marked "(p.o.c )' were paid outside the closing. they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation
Address of Borrower: 685 West Montrose Street, Clermont, Florida 34711
E, NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife
Address of Seller: 4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711
H. SETTLEMENT AGENT: Law Office of Anita Geracf-Carver, P.A. TIN: 20-8001856
Place of Settlement: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone 352-243-2801
I. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11/21/23
T.SGiiiifiirV-6f orrower's transaction K. Summary of seller's transaction
rr rr
. Gross amount due to seller:
101. Contract sales price 785.000.00 401. Contract sales price 785.000.00
1102. Personal property 402. Personal property
103. Settlement charges to borrower (Line 1400) 403.
104. 404.
1105. 405
1106. City/town taxes 406. City/town taxes
107. County taxes 407. County taxes
108- Assessments 408. Assessments
109. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 409. 2023 Property Taxes from 11/21/23 to 12/31123 557.081
110, 410
1111. 411.
112 412.
120. Gross amount due from borrower: 785.557.08 420. Gross amount due to seller: 785.557.081
1201, Deposit or earnest money
501. Excess deposit (see instructions)
1202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400) 15,323.12
1203. Existing loan(s) taken subject to
503. Existing loan(s) taken subject to
1204. Principal amount of second mortgage
504. Payoff of first mortgage loan
1205.
505. Payoff of second mortgage loan
1206.
506 Deposits held by seller
1207. Principal amt of mortgage held by seller
I 1507. Principal amt of mortgage held by seller
1208.
I 1508.
1209.
509.
Adjustments for items unpaid by seller:
210. City/town taxes
Adjustments for items unpaid by seller:
J510 Cityltown taxes
1211. County taxes
I 1511 County taxes
1212. Assessments
I 1512. Assessments
1213.
I 1513,
1214.
I 1514. I I
1215.
I 1515, I I
I216.
I 1516.
1217.
I 1517.
1218,
I 1518. I
1219.
I 1519, I
302. Less amount paid by/for the borrower 0,00 602 Less total reductions in amount due seller (15.323.12)
(line 220) I (line 520)
1303. Cash ( [6 From U To ) Borrower. I 785,557.081 603 Cash( [ To ❑ From ) Seller: I 770,233.96
Substitute Form 1099 Seller Statement: The information contained in blocks E, G. H. and I and on line 401 is important tax information and is being
furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you 9 this item is required to be reported and
the IRS determines that it has not been reported.
Seller Instructions: To determine if you have to report the sale or exchange of your main home on your tax refum, see Instructions for Schedule D
(Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797. Farm 6252, and/or Schedule D for the appropriate income lax form.
Borrowers In fial(st I 1
Sellers Initial(s):
DoubleTime®
.,. .,Nan ni vi wuauiy
A. Settlement Statement .... and Urban Development OMB No. 2502-0265
B. Type of Loan
O 1. FHA O 2. FmHA 0 3. Conv. Unins. 6. File Number 7. Loan Number
4. V.A. 0 5. Conv. Ins. 00640-001
8. Mortg. Ins. Case Num.
ID:
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation
Address of Borrower: 685 West Montrose Street, Clermont, Florida 34711
E. NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife
Address of Seller: 4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711
H. SETTLEMENT AGENT: Law Office of Anita Geraci-Carver, P.A. TIN: 20-8001856
Place of Settlement: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801
I. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11/21/23
borrower'sJ. Summary of
11 Gross amountdue fromborrower: 11
. Gross amount due to seller:
101. Contract sales price 785,000.00 401. Contract sales price 785,000.00
102. Personal property 402. Personal property
103. Settlement charges to borrower (Line 1400) 403.
1104. I 404.
1105. I 405.
1106. City/town taxes I 406. City/town taxes
107. County taxes 407. County taxes
108. Assessments I 408. Assessments
109. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 409. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08
1110. I 410.
1111. I 411.
112. 412.
120. Gross amount due from borrower: 785,557.08 420. Gross amount due to seller: 785,557.08
7201. Deposit or earnest money 501. Excess deposit (see instructions)
1202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 15,323.12
1203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
1204, Principal amount of second mortgage ' 504. Payoff of first mortgage loan
1205. 505. Payoff of second mortgage loan
1206. 506. Deposits held by seller
4
HUD-1
U.S. Department of Housing and Urban Development
Page 2
L Settlement charges
8of'
Paid from
Paid from
700. Total Sales/Brokers Cam. based on price
1701
$785,000.00 @ % =
Borrower's
Seller's
% to
Funds at
Funds at
1 702
% to
Settlement
Settlement
1703. Commission paid at settlement
704,
'r
to
801. Loan origination fee
% to
r.ro.-'ef POC seller
POC
1602. Loan discount
% to
I
1
1803, Appraisal fee
to
I
1
804. Credit report
to
I
I
805. Lender's inspection fee
to
1
1806. Mortgage insurance application fee
to
1
1807. Assumption Fee
to
1
1808.
to
1809
to
� 1
1810.
to
I I
811,
sr
to
901. Interes! from
to
(cD /dav
1902 Mortgage insurance premium for
months to
1903, Hazard insurance premium for
years to
1904. Flood insurance premium for
vears to
1
905.
rss Reserves deposited
veats to
1001. Hazard insurance
months (a
per month
11002. Mortgage insurance
months (�
per month
I I
1
11003. City property taxes
months (a
Der month
I I
1
11004. County property taxes
months (d
Der month
I I
1
11005. Annuaf assessments
months @
per month
I 1
`1006. Flood insurance
1 1D07.
months a
months A
per month
Der month
I
I I
I
1
1 1008.
months 9D
Der month
I
1
1009. Aggregate accounting adjustment
Ir
1101. Settlement or closing fee
to Law Office of Anita Geraci-Carver, P.A.
Borroets
450.00
1 1202. City/county tax/stamps Deed Mortoaae(s) 1
1203, State tax/stamps Deed $5,495,00 Mortaaae(s1 I
11204. E-Recording to Lake County Clerk of CourVSimplifile 1
1205. to
ss . Additional settlement charciesi Borrower PCIC Seller POC
1 1
I 5,495.00I
i 4.75
13D1. Survey to
11302. Municipal Lien Search to City of ClermonUAGC I
1 76.841
1 1303. 2023 Properly Taxes to Lake County Tax Collector I
1 4,959.391
11304, Utility Balance 10 City of Clermont I
1 43.641
11305. to I
I I
11306, to I
1 1
1130T to I
I
11308, to I
1 1
1309.
r�settlement Charges
( Enter on lines 103. Section J and 502, Section K 1
O.001 15,323.12
1 have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief it is a true and accurate statement of all receipts and disbursements made on
my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement.
Cfty of lermont
By \ .J --t Borrower
Seller
B ian huffs, Cfty Manager Donald K. McAleer
Borrower
4eller
Elisabeth McAteer
TM H 1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused, or will cause, the funds to be disbursed In accordance
with K kmenl.
"ir 2-1, 2 D 3
aw f ggf1�AN Carver, P.A J htJjm,,"2-0[
As Its Authorized Representative Date
WARNING. It is a crime to knowingly make false statements to the United States on this or any otter similar form. Penalties upon conviction can include a fine
DoubleTime®
and imprisonment For details see: Title 18 VS. Code Section 1001 and Section 1010.
v.o. ucNdiLmum ul nuusing ana uroan ueveiopment
Page 2
charges
700. Total Sales/Brokers Com. based on price $785,000.00 @ % =
Boi rowerPOC Seller POCPaid
from Paid from
Borrower's Seller's
701.
% to
Funds at Funds at
702.
% to
Settlement Settlement
703. Commission paid at settlement
704.
to
if„ III :; �I I, I •:I II-•I,:I II I.I
Borrower
801. Loan origination fee
% to
1802. Loan discount
% to
1803. Appraisal fee
to
804. Credit report
to
1805. Lender's inspection fee
to
I
IIII!
1806. Mortgage insurance application fee
to
807. Assumption Fee
to
'
1808.
to
809.
to
'
810.
to
811.
to
900 Items required by lender to be paid in
advance
Borrowei POC Seller POC
901. Interest from
to /day
902. Mortgage insurance premium for
months to
903. Hazard insurance premium for
years to
1904. Flood insurance premium for
years to
1905.
ears to
1 1000. Reserves deposited with lender�
Borrower POC Seller POC
1001. Hazard insurance
months (aD
per month
11002. Mortgage insurance
months (a)
per month
11003. City property taxes
months
per month
1004. County property taxes
months @D
per month
1005. Annual assessments
months (a)
per month
1006. Flood insurance
months (W
per month
I
1007.
months (D
per month
11008.
months (aD_
per month
1009. Aggregate accounting adjustment
00 Title charqe
Borrower•• Seller ••
1101. Settlement or closing fee
to Law Office of Anita Geraci-Carver, P.A.
450.00
11102. Abstract or title search
to Attorneys' Title Fund Services, LLC
j I 275.00
11103. Title examination
to
1104. Title insurance binder
to
1105. Document preparation
to
I i
1106. Notary fees
to
1107. Attorney's Fees
to
(includes above item numbers:
11108. Title Insurance to Old Republic Nat. Title/Anita Geraci-Carver
)
4,000.00
1 (includes above item numbers:
11109. Lender's coverage (Premium):
11110. Owner's coverage (Premium): $785,000.00
($4,000.00)
11111. Endorse:
1 . -
INSTRUMENT#: 2023143331 OR BK 6247 PG 39 PAGES: 2 11/27/2023 10:59:15 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $18.50 DEED DOC:$5495.00
Prepared by and return to:
Anita Geraci-Carver
Attorney at Law
Law Office of Anita Geraci-Carver, P.A.
1560 Blosam Avenue
Clermont, FL 34711
352-243-2801
File Number: 00640-001
Will Call No.:
[Space Above This Line For Recording Datel
Warranty Deed
This Warranty Deed made this 21st day of November, 2023 between Donald K. McAteer and Elisabeth McAteer,
husband and wife whose post office address is 4415 Thermal Lane, Clermont, FL 34714, grantor, and City of Clermont,
a Florida municipal corporation whose post office address is 685 West Montrose Street, Clermont, FL 34711, grantee:
(Whenever used herein the terms "grantor" and "grantee• include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigm of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOI100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Lake County, Florida to -wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to
the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-07740S00
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2023_
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTatre®
INSTRUMENT# 2023143331 OR BOOK 6247/PAGE 40 PAGE 2 of 2
Signed, sealed and delivered in our presence:
tress Name: onna . Mne
Witness Address: 1560 Bloxam Avenue, Clertnont, FL,
34711
n
Donald K. McAteer
®� 7AC
fitness Name: Anita Geraci-Carver Elisabeth McAteer
Witness Address: 1560 Bloxam Avenue, Clermont, FL,
34711
State of Florida
County of Lake
The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online notarization, thid—& -
day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who [l are personally known or [X] have produced
a drivers license as identification.
if
[Notary Seal] twy Puiflr
9E9fiVMH
31Iq
�."l
Printed Name: Donna L. Divine
My Commission Expires: February 9, 2027
pONWA 1. of M
Notary Pubk
State of Pak%
Cotrrm0 HH31l9636
t ExPUes2ArJW
Warranty Deed - Page 2 DoubleTame
Prepared by and return to:
Anita Geraci-Carver
Attorney at Law
Law Office of Anita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, FL 34711
352-243-2801
File Number: 00640-001
Will Call No.:
[Space Above This Line For Recording Datal
Warranty Deed
This Warranty Deed made this 21st day of November, 2023 between Donald K. McAteer and Elisabeth McAteer,
husband and wife whose post office address is 4415 Thermal Lane, Clermont, FL 34714, grantor, and City of Clermont,
a Florida municipal corporation whose post office address is 685 West Montrose Street, Clermont, FL 34711, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Lake County, Florida to -wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to
the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2023.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
eRecorded:�-_3
DoubleTime"
Signed, sealed and delivered in our presence:
tress Name: Donna . ivine
Witness Address: 1560 Bloxam Avenue, Clermont, FL,
34711
n
1
- A
Donald K. McAteer
Witness Name: Anita Geraci-Carver Elisabeth McAteer
Witness Address: 1560 Bloxam Avenue, Clermont, FL,
34711
State of Florida
County of Lake
The foregoing instrument was acknowledged before me by means of [X] physical presence or [� online notarization, thi t—
day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who L] are personally known or [X] have produced
a driver's license as identification.
[Notary Seal] .ZOZ/ say 6► a otary Pu
01. Mi
9996VENH o'J =
eppgd I leas Printed Name: Donna L. Divine
DIlgn oN
3NW0 VNN My Commission Expires: February 9, 2027
DONNA L DMN13
vNotary Public
State of Florida
Comm# HH349636
lls"v Expires 2/9/2027
Warranty Deed - Page 2 DoubleTime`�
CLOSING AGREEMENT
CLOSING DATE: November 21, 2023
BUYER: City of Clermont
685 West Montrose Street
Clermont, FL 34711
dmantzaris(cbdsklawgrour).com
SELLER: Donald K. and Elisabeth McAteer
4415 Thermal Lane
Clermont, FL 34711
kvmac1000(d.amail.com
CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, Florida 34711
Telephone: 352-243-2801
Fax: 352-243-2768
Email: anita(o)aaclaw.net
PROPERTY: 650 West Montrose Street
Clermont, FL 34711
See Exhibit A.
CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12,
2023
1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or
conditions precedent applicable to their respective obligations to close have either been satisfied or
waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by
executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of
the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the
parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge
that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the
transaction and to distribute all of the closing documents and the closing proceeds as set forth in the
Closing Statement.
2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate
taxes has been issued. The real estate taxes (and the personal property taxes, if applicable) for the
current year are being paid by Seller based on the maximum discounted amount.
3. OTHER PRORATIONS AND CHARGES. Buyer and Seller acknowledge that if the Closing
Statement provides for the payment or proration of any income or expenses related to the Property,
including without limitation rent or other income from the Property, or utility charges and other charges
related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items
from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any
such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and
Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas,
electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that
instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly.
Buyer and Seller herebv release and hold Closing Agent harmless as to anv such charges and as to any
such adiustments that are due to one Dartv or the other to correct such charqes.
4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance
Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the
"Commitment'), and hereby accepts and approves same. Buyer understands and agrees that it is taking
title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the
standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing).
5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the
property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer
understands and agrees that it is taking title to the Property subject to all the matters that would have
shown on an accurate survey, and that an exception for such matters is contained in the Commitment
delivered at closing and will appear in the Owner's Title Policy.
6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust
for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by
correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as
deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned
acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure
title to the Property, or may be required in order to correct mistakes in the calculations of money due or to
be credited to one party or the other. The undersigned agree to cooperate and comply by signing,
initialing, executing or re -executing any and all documentation reasonably required by Closing Agent.
7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent
for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift
taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to
seek independent advice and have had the opportunity to retain such independent advice as to the tax
consequences of this transaction.
8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity
to inspect the Property and investigate any and all matters related to the Property. The Buyer
acknowledges that it is satisfied with the condition of the Property and all such matters related to the
Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having
received and reviewed the Municipal Lien Search Report dated October 25, 2023, issued by City of
Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinq Aqent
has not made anv representations with reaard to anv such matters. nor has Closing Agent assumed
responsibility for the same. The parties herebv release Closina Aaent from anv responsibility or liabilitv
relatina to anv of the foregoing issues.
9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains
the complete and entire understanding of the parties and Closing Agent with respect to the matters
addressed herein and no change or amendment shall be valid unless it is made in writing and executed
by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be
considered as a general waiver. Words of any gender used in this Agreement shall be held and construed
to include any other gender, and words in the singular shall be held to include the plural, and vice versa,
unless the context requires otherwise. Buyer and Seller shall include all parties executing this
Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to
judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of
which shall remain in full force and effect. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non-
public personal information is to not disclose any such information about Buyer and Seller to anyone for
any purpose that is not specifically permitted or required by law or otherwise contemplated in this
transaction by the parties.
11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and
payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver,
P.A. pursuant to the wire transfer instructions attached hereto as Exhibit "B".
12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD
ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF
THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION
(COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE
ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii)
THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER
INTO EACH OF THEM.
13. REPRESENTATION, BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING
THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A.
DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING
OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSING/TITLE AGENT.
COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together
as a single original document.
Seller.
Donald K. McAteer V
Elisabeth McAteer
Dated: November, 2023
Buyer:
Brian Bulthuis, City Manager
City of Clermont, a Florida municipal corporation
Dated: November_, 2023
11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and
payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver,
P.A pursuant to the wire transfer instructions attached hereto as Exhibit "B".
12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD
ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF
THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION
(COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE
ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii)
THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER
INTO EACH OF THEM.
13. REPRESENTATION, BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING
THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A.
DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING
OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER. P.A. IS REPRESENTING THE SELLER ONLY AS CLOSING/TITLE AGENT.
COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together
as a single original document.
Seller. Buyer:
Donald K. McAteer Brian Bulthuis, City Manager
City of Clermont, a Florida municipal corporation
Elisabeth McAteer
Dated. November_, 2023 Dated: November Wes, 2023
EXHIBIT "A"
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
Closing Affidavit
(Buyer)
Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn,
on oath, depose(s) and say(s) that:
I. City of Clermont, a Florida municipal corporation ("Buyer"), is purchasing the following described property from
Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), to wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map
or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of
legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise
to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will
not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be
insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect
to Buyer.
3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvernents,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain
unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are
no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any
contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property.
4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to
the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature
whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or
does create a cloud on the title to the subject property.
5. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any
instruments that would adversely affect the interest to be insured.
6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute p charge or lien upon said property.
7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein.
8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company
harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at
trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the
nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely
swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit
and understands its context.
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
File Number: 00640-001 DoubleTime*
City of Clermont, a Florida municipal corporation
r'
Bran Bulthuis, City Manager
(Corporate Seal)
State of Florida
County of Lake
The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or [_] online
notarization, this 26 day of November, 2023 by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal
corporation, on behalf of the corporation. He X] is personally known to me or [_] has produced a driver's license as
identification.
[Notary Seal]
DEBRA M.RYRARCZYK
Notary Fubhc
State of Flarlda
Comm# HH265339
Expires 5/18/2026
-kuh,�, f <J—
Notary Public
Printed Name: YC(— ► ► 1 . �c,�11 Q,�(`(7_yl�
My Commission Expires: 6
Closing Affidawl (Buyer) - Page 2
File Number: 00640-001 DoubleTlme®
Affidavit
[Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer]
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths,
personally appeared Brian Bulthuis ("Affiant") who deposes and says under penalties of perjury that:
(When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.)
Affiant is the City Manager of City of Clermont, a Florida municipal corporation, which is hereinafter
referred to as "Buyer."
2. Buyer is purchasing or acquiring an interest in the following described real property:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according
to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County,
Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney.
4. Buyer is (Initial which is applicable):
�.; Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
OR
A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.
(Affiant)
Print Name: Brian Bulthuis
Official Capacity: Ci,I � (n Mn
Name of Buyer: 0- r,) T
Address: 685 West Mont ose St.. Clermont, FL 34711
STATE OF FLORIDA
COUNTY OF LAKE
Sworn to (or affirmed) and subscribed before me by means of [x] physical presence or [ ] online notarization this a0
day of November, 2023, by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation and on
behalf of the corporation, who [�] is personally known or [ ] has produced as identification.
I, (Y) .
[Notary Seal] Notary Public 113
n -
Printed Name:�y�. • `C�.f� Q,V'CL yk
�EBRAAA' FiYBARC2YK My Commission Expires:
Notary Public
State of Florida
Comm# HH265339
Expires 5/18/2026
NOTICE: FLORIDA NOW RESTRICTS THE SALE OF PROPERTY TO
FOREIGN PRINCIPALS (Secs. 692.202-205, F.S.)
THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND
PERMANENT RESIDENT ALIENS.
CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE LEGAL ADVICE. PERSONS WHO ARE OR
MAY BE DEFINED AS "FOREIGN PRINCIPALS OF FOREIGN COUNTRIES OF CONCERN" SHOULD
CONSULT WITH AN ATTORNEY BEFORE PURCHASING OR ACQUIRING ANY INTEREST IN REAL
PROPERTY IN FLORIDA ON OR AFTER JULY 1. 2023. LAND ACOUIRED IN VIOLATION OF THIS
LAW MAY BE FORFEITED TO THE STATE.
Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited from
purchasing or acquiring any interest in certain types of Florida real property, subject to limited
exceptions:
• The People's Republic of China
• The Russian Federation
• The Islamic Republic of Iran
• The Democratic People's Republic of Korea
• The Republic of Cuba
• The Venezuelan regime of Nicolas Maduro
• The Syrian Arab Republic
• Any agency of or any other entity of significant control of such foreign country of concern
BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM:
(a) The government or any official of the government of a foreign country of concern;
(b) A political party or member of a political party or any subdivision of a political party in a foreign country
of concern;
(c) A partnership, association, corporation, organization, or other combination of persons organized under the
laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity;
(d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent
resident of the United States, or
(e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d) having a
controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or
subsidiary formed for the purpose of owning real property in Florida.
IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM:
• From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or within
5 miles of military installation .'-
• With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10 miles
of a critical infrastructure facility or military installation;
' Agricultural land is defined to be that which has "agricultural
classification" under F.S. 193.461.
"Military Installation" means a base. camp, post, station, yard, or
center encompassing at least 10 contiguous acres that is under the
jurisdiction of the Department of Defense or its affiliates. Sec.
692.201(5). F.S.
3 "Critical infrastructure facility" means any of the following, if it
employs measures such as fences, barriers, or guard posts that are
designed to exclude unauthorized persons:
(a) A chemical manufacturing facility.
(b) A refinery.
(c) An electrical power plant as defined in s. 403.031(20).
(d) A water treatment facility or wastewater treatment plant.
(e) A liquid natural gas terminal.
(f) A telecommunications central switching office.
(g) A gas processing plant, including a plant used in the
processing. treatment. or fractionation of natural gas.
(h) A seaport as listed in s. 31 1.09.
(i) A spaceport territory as defined in s. 331.303(18)
0) An airport as defined in s. 333.01,
NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring any
interest in any real property in Florida regardless of its classification, subject to the Limited Residential
Exception and Diplomatic Purposes Exception described below
CERTAIN EXCEPTIONS MAY APPLY:
Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still purchase
one residential real property, up to 2 acres in size, if all of the following apply:
(a) The parcel is not on or within 5 miles of any military installation;
(b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel or
official documentation confirming that the person has been granted asylum in the United States and such
visa or documentation authorizes the person to be legally present in Florida;
(c) The purchase is in the Buyer's name, i.e., the name of the person who holds the visa or official
documentation described in paragraph (b), and
(d) The Buyer is only entitled to one residential property as described above.
Diplomatic Purposes Exception - The real property is for diplomatic purposes as recognized, acknowledged, or
allowed by the Federal Government
NO TENANT
AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared Donald K. and Elisabeth
McAteer, husband and wife, being first duly sworn, deposes and says:
1. The property located at 650 West Montrose Street, Clermont, Lake County, Florida, as
more particularly described in Exhibit A attached hereto and incorporated herein, is
vacant with no tenants in possession or under lease.
FURTHER AFFIANT SAYETH NOT.
Dated this 21 st day of November 2023.
Donal K. McAteer
a " 1j, —M_v��
Elisabeth McAteer
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrumenj was acknowledged before me by means of [X] physical presence or [ ]
online notarization thi ay of November 2023 by Donald K. McAteer and Elisabeth
McAteer, husband and wife, who [ ] are personally known or [ X ] produced a valid driver's
license as identification.
(Notary Seal)
DONNA L DIVINE
Notary Public
State of Florida
e: Comm# HH349636
Expires 2/9/2027
EXHIBIT "A"
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
Closing Affidavit
(Seller)
Before me, the undersigned authority, personally appeared Donald K. McAteer and Elisabeth McAteer, husband and wife
("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that:
1. Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), is the owner of and is selling the following
described property to City of Clermont, a Florida municipal corporation ("Buyer"), to wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the
map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and
description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real
estate and personal property taxes for the year 2023, which are not yet due and payable.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property
for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or
improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's,
or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Lake County, Florida subsequent to November 13,
2023, which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of
the Property since said date except as may have been disclosed to Law Office of Anita Geraci-Carver, P.A. in writing,
and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold
free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of
Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in
any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than
Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in
making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a
new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any
instruments that would adversely affect the interest to be insured.
8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and
have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property
has been in compliance with the applicable building codes, ordinances and statutes.
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable
zoning laws concerning said property within the past ninety (90) days.
11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including
but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
12. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property.
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property
interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required
upon purchase of the above described property, Seller certifies the following:
File Number: 00640-001 DoubleTime°
a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for
purposes of United States federal income taxation.
b. Seller's U.S. Taxpayer Identification Number is and
c. Seller's address is: 4415 Thermal Lane, Clermont, FL 34714.
d. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on
behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and
correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein. Seller hereby holds Law Office of Anita Geraci-Carver, P.A. and Old
Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to
attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation
expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context
so requires or admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as
provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an
instrument of this nature. Seller further certifies that he/she has read, or heard read, the full facts of this Affidavit and
understands its context.
U;o4nald
nalties of er' , I d lare at ave read the foregoing Affidavit and that the facts stated in it are true.
. McAteer Elisabeth McAteer
State of Florida
County of Lake
The foregoing inst ment was sworn to and subscribed before me by means of [X] physical presence or L] online
notarization, thi�day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who [J are personally known
or [X] have pro uced a driver's license as identification.
[Notary Seal]
DONNA L. "DIVINE
Notary Public
State of Florida
= Comm# HH349636
ip E 19�e� Expires 2/9/2027
Closing Afdavil (Seller) - Page 2
File Number: 00640-001
22 7/ Alm,'
Printed Name: Donna L. Divine
My Commission Expires: February 9, 2027
DoubleTime�
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.:
Commitment Number: Revision Number: Issuing Office File Number:
Issuing Agent:
1457420 None 00640-001
3773201
Property Address: Loan ID Number: Issuing Office's ALTA Registry ID:
Issuing Office:
650 West Montrose Street NA None
Law Office of Anita Geraci-
Clermont, FL 34711
Carver, P.A.
SCHEDULE A��
1. Commitment Date: October 1Z at 11:00 PM l
2. Policy to be issued: Proposed Amount of Insurance:
a. OWNER'S: 2021 ALTA® Owner's Policy with Florida Modifications $785,000.00
Proposed Insured: City of Clermont, a Florida municipal corporation
The estate or interest to be insured: Fee Simple
b. MORTGAGEE:
Proposed Insured:
The estate or interest to be insured:
c. MORTGAGEE:
Proposed Insured:
The estate or interest to be insured:
3. The estate or interest in the Land at the Commitment Date is: (Identify each estate or interest covered, i.e., fee,
leasehold, etc.) FEE SIMPLE
4. The Title is, at the Commitment D , ested in: (Identify vesting for each estate or interest identified in Item 3
above) Donald K. Mc At ad Elisabeth Mc Ateer and, as disclosed in the Public Records, has been since
(Date) 12/11/19
5. The Land is described as follows: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF
CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Pace 17, Public Records of
Lake County, Florida.
Old Republic National Title Insurance Company
1408 Westshore Blvd, Suite 900, Tampa,
Florida, 33607, (612) 371.1111
\
AUTHORIZED SIGNATORY
Law Office of Anita Geraci-Carver, P.A.
3773201
Thus page is only apart of a 2021 ALTA Commument for Title Insurance issued by Old Republic National Tide Insurance Company. This Commitment is not valid wuhma the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter-
signature by the Company or its issuing agent that may be in eleciranlcform.
Farm C21-Schedule A— ALTA Commitment for Tine Insurance Page Iof4 Commitment Number:
2021 v. 01.00 (with Florida Modifications) 1457420
07/012021
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Schedule B-I
Issuing Office File Number: 00640-001
REQUIREMENTS
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the n
who will obtain an interest in the Land or who will make a loan on
Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Co an}
4. Documents satisfactory to the Company that convey the Ti or,r
properly authorized, executed, delivered, and recorded in a li
A. Warranty Deed from Donald K. Mc Ateer
nonhomestead language, to the proposed i
5. An update of the title search must be cc
clearance of, or take exception for, any
6. FOR INFORMATIONAL PURPOSES
years must be paid at closing and there)
the tax printout is for 2023 taxes.
7. No open mortgage(s) were found
mg/of any party not referred to in this Commitment
Land. e Company may then make additional
'i
ate the Mortgage to be insured, or both, must be
Records.
Mc Ateer, joined by spouse, if married, or
for to the closing and the commitment must be endorsed to require
defects or adverse matters found.
If closing occurs on or after November 1st of this year, taxes for 2023 and prior
final policy will be subject only to taxes for 2024 and subsequent years) because
Agent should confirm with the owner that the property is free and clear.
This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Laurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B,
Part I1—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.
Farm C21- 6-I - ALTA Commitment for Title Insurance 2021 v. Page 2 of 4 Commitment Number:
01.00 (with Florida Modifications) 1457420
07/012021
AMERICANLAND TITLE ASSOCIATION
COMMITMENT
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Schedule B-H
Issuing Office File Number: 00640-001
EXCEPTIONS FROM COVERAGE
SOME HISTORICAL LAND RECORDS CONTAIN DISCRIMINATORY COVENANTS THAT ARE ILLEGAL
AND UNENFORCEABLE BY LAW. THIS COMMITMENT AND THE POLICY TREAT ANY
DISCRIMINATORY COVENANT IN A DOCUMENT REFERENCED IN SCHEDULE B AS IF EACH
DISCRIMINATORY COVENANT IS REDACTED, REPUDIATED, REMOVED, AND NOT REPUBLISHED
OR RECIRCULATED. ONLY THE REMAINING PROVISIONS OF THE DOCUMENT WILL BE EXCEPTED
FROM COVERAGE.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
1. Any defect, lien, encumbrance, adverse claim, o o matter that appears for the fast time in the Public Records or is
created, attaches, or is disclosed between the nt Date and the date on which all of the Schedule B, Part I —
Requirements are met.
yo2+
2. a. General or special taxes and assessments required to be paid in the yearj7J and subsequent years.
b. Rights or claims of parties in possession not recorded in the Public Records.
c. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
d. Easements or claims of easements not recorded in the Public Records.
e. Any lien r ig a lien, for services, labor or material furnished, imposed by law and not recorded in the
Public
3. Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse
ownership claim by the State of Florida by right ofsovereignty to arty portion of the Land insured hereunder,
including submerged, filled and artificially exposed lands, and lands accreted to such lands.
4. Any lien provided by County Ordiance or by Chapter 159, F.S., in favor of any city, town, village or port authority,
for unpaid service charges fors water systems, sewer systems or gas systems serving the land
described herein; and any lien for waste fees in favor of any county or municipality.
5. Rights of the lessees undTk4t5MJeases.
6. All matters contained on the Plat of CITY OF CLERMONT, as recorded in Plat Book 8, Page 17 Public Records of
Lake County, Florida.
7. Agreement recorded in O.R. Book 1103. Paee 1895, Public Records of Lake County, Florida.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 11—Requirements; and Schedule A Part 11—Exceptions;
and a counter -signature by the Company or its issuing agent that may be in electronic form,
Form C21—&n- ALTA Commitment for Title Insurance Page 3 of Commitment Number:
2021 v. 01.00 (with Florida Modifications) 1457420
07/01/2021
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Schedule B-II
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Condrtions; Schedule A; Schedule B. Part 11—Requirements; and Schedule B, Part 11—Exceptions;
and a counter -signature by the Company or its issuing agent that may be in electronic farm.
Form C21—&11— ALTA Commitment for Tide Insurance Page 4 of Commitment Number:
2021 v. 01.00 (with Florida Modifications) 1457420
07/01/2021
,,,s
A. Settlement Statement V and Urban Development OMB No. 2502-0265
B. Type of Loan
Q 1. FHA Q 2. FmHA Q 3. Cony. Unlns. I 8. FIIs Number 7. Loan Number I B. Mang. Ins. Case Num.
f/III OOfi40.001
Q 4. V.A. Q 5. Con¢ Ins.
ID:
C. NOTE:This form is furnished to give you a statement o ital settlement costs. Imatents paid to and by the settlement agent are shown. Items
marked ' p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not Included in the totals. ,
D. NAME OF BORROWER:
City of Clermont, a Florida municipal corporation
Address of Borrower.
685 West Montrose Street, Clermont, Florida 34711
E. NAME OF SELLER:
Donald K McAlear and Elisabeth McAteer, husband and write
Address of Seller:
4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION:
650 W Montrose Street, Cler font, Florida 34711
H. SETTLEMENT AGENT:
Law Office of Anita Gerais -Carver, P.A. TIN: 208001856
Place of Settlement:
1560 Roxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801
I. SETTLEMENT DATE:
11/21/23 DISBURSEMENT DATE: 11/21/23
1101. Contract sales price
102. Personal property
1 W3. Settlement charges to borower (Line 14001
1104,
1105.
1106. City/town taxes
107. County taxes
108. Assessments
1109. 2023 Property Taxes tram 11121123 to 12731123
�710.
111.
112.
1120.G
,.� �,�rF.Iual4�au�Ydel1GW511
1201. Deposit or earnest money
1202 Principal amount of new loan(s)
1203. Existing loan(s) taken subject to
1204. Principal amount of second mortgage
205.
206.
1207. Principal ant of mortgage held by seller
1208.
Contract sales price
Personal property
406. City/town taxes
407. County taxes
I
408. Assessments
557.08 409. 2023 Property Taxes from 111211231012131/23
557.061
410.
411.
412.
785,557.08 420. Gross amount due to Seller:
785,557.06
501. Excess deposit (see instructions)
502. Settlement charges to seller pine 1400)
15,323.121
503. Existing loan(s) taken subject to
504, Payoff of fast mortgage ban
1
505. Payoff of second mortgage loan
506. Deposits held by seller
I
507. Principal and of mortgage held by seller
1
508. - -- -- -
- -I
210.
City/town taxes
510.
City/bwntare s 11
211.
County taxes
511.
County taxes
1212
Assessments
512.Assessments
1213
513.
)
1
1214.
514.
1215.
515.
_ -- -
1216.
516.
i
1217.
517.
1
1218.
518.
1219.
519,
1220.
Total paid by/for borrower:
0,00 620.
Total reductions in amount due seller: 15,323.12
I301. Gross amount due from borrower 785,557.aa 601. Gross amount due to seller 785,557.08
(line 120) (line 420)
�302. Less amount paid by/for the borrower 0.00 602. Less total reductions in amount due seller (15,323.i l l
(line 220) (line 520)
1303. Cash ( Q From ❑ To ) Borrower. 786,557,08 603. Cash ( ❑.' To ❑ From ) Seller: 770.233.961
Substitute Form 1099 Seller Statement The information contained in blacks E. G, H, and I and on line 401 Is important lax information and is being 1
furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and
the IRS determines that It has not been reported.
Seller Instrucgons: To determine if you have to report the sale or exchange of your main home on your tax return, see Instrectians for Schedule D
(Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797, Forth 6252, andlor Schedule D for the appmVem income tax tone.
Borrowers Initial(s):
Sellers Initial(s)' ��
DoubleTime®
• Paid from Paid from
700. Total Sales/Brokers Com. based on price $785,000 00 % = Borrowers Setters
1701. % to Funds at Funds at
1702. %to I Settlement Settlement
1703. Commission paid at settlement
1801,
Loan origination tee
%to
802
Loan discount
%to
803
Appraisal fee
to
I804.
Credit report
to
I805.
Lenders inspection fee
to
1806.
Mortgage Ine Do application fee
to
180T
Assumpi on Fee
to
1806.
to
I we.
to
1810.
to
901. Interest from to
902. Mortgage insurance premium for months to
903. Hazard insurance premlu^ for years to
1904. Flood insurance premium Sor veam to
11001, Hazard insurance
I1002. Mortgage insurance
1003. City propeM taxes
1004. County property taxes
11005. Annual assessments
1 D0S. Flood insurance
11007.
1 low.
11009. Aq �rre ate accounting adjustment
IkG6� Lesi
11101. Settlement or closing fee
1 IID2. Abstract or title search
11103. Title examination
11104. Title insurance binder
I1105. cum�(nt preparation
11106. Notary fees
11107. Attorney's Fees
I (includes above item numbers:
a /day
months 0
months IM
months 91?
months 0
months EE
months go
mordhs 0
months 0)
to Law Office of Anita Geraci-Carver, P.A.
to Atlomeys' Title Fund Services, LLC
to
to
to
to
to
11108. Title Insurance to Old Republic Nat. T le/AnBa Gem l-Carver
I (includes above item numbers:
11109. Lenders coverage (Premium):
I1110. Owners coverage (Premium): $785.000.00 ($4,000.00)
11111. Endorse.
11112 to
11113. to
Per month
Per month
Per month
Per month
Per month
Per month
PermonM
Per month
ia1laWLl %uw 6aa %emu
450.001
276,00I
1
1
I
1201, Recording fees Dead $18.50 Monaane(s) Releases
1202. City/county tax/stamps Deed Mogaage(s)
11203. Stale to u'stamps Deed $5.49500 Monaaae(s)
11204. E-Recording to Lake County Clerk of Court/SimplNle
I1301. Survey
I1302. Municipal Lien Search
11303. 2023 Property Taxes
11304. Utility Balance
113D5.
11306.
11307.
11308.
to
to City of Clennont/AGC
to Lake County Tax Collector
to City of Clermont
to
to
to
to
76.84�
4,959.39
43.641
( Enter on lines 103. Section J and 502. Section K 1 -
Insvewrerellyreviewed the HUD-1 SeWement Slatereent and Mthe heat of mykne.ledge and belief, It Is apJ�oGGe. amaccurate statement or all receipts a disbursements ads on
re,By account or by me in this "reaction.(antler ceNy Nat I M1ave received a copy of the HUD-1
Saldemen7imen / /�/(
CRY of ClermontUU K//
Bv: .Borrower n .Seller
Brian Bulthuts, City Manager D old M -tpee�
Borrower e(�%.s.a{y_�`� I, •�� Seller
lisabeth McAleer
The HUD-1 Settlement Surcreent which 1 have prepares! Is a twe and accurate aunt of Nis trensacdon. I have caused or will cause, the foods to he dlsbumed in accordance
with Me statement.
Law Office of Anita Geract-Carver, P.A.
Bv__
As Its Aumonzed Representative Dale
WARNING: It is a crime to knowingly make false statements to the UnlledSlates on this or any other similar form Penalties upon conviction can iwiude a fine Double-fime®
and Imprisonment- For details see: This 18 U.S. Cade Section 10131 and Section 1010.
Prepared by and return to:
Anita Geraci-Carver
Attorney at Law
Law Office of Anita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, FL 34711
352-243-2801
File Number: 00640-001
Will Call No.:
rSpace Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 21st day of November, 2023 between Donald K. McAteer and Elisabeth McAteer,
husband and wife whose post office address is 4415 Thermal Lane, Clermont, FL 34714, grantor, and City of Clermont,
a Florida municipal corporation whose post office address is 685 West Montrose Street, Clermont, FL 34711, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Lake County, Florida to -wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to
the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining,
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2023.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written
DoubleTime°
Signed, sealed and delivered in our presence:
fiess Name: Donna ivine
Witness Address: 1560 Bloxam Avenue, Clermont, FL,
34711
Witness Name: Anita Geraci-Carver
Witness Address: 1560 Bloxam Avenue, Clermont, FL,
34711
State of Florida
County of Lake
� ad P,
Donald K. McAteer
Elisabeth McAteer
The foregoing instrument was acknowledged before me by means of [X] physical presence or L ] online notarization, thi�
day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who [] are personally known or [X] have produced
a driver's license as identification.
[Notary Seal] LZOZ/6 saj �bt a 40tat Pubic
9E96TrtHH o7 y
epliWiJ WIS Printed Name: Donna L. Divine
3II9n ON
aNWO YNN My Commission Expires: February 9, 2027
VoNv*
DONNA L DMNH
Notary Public
State of Florlda
Comm#HH349696
Expires 2/9/2027
Warranty Deed - Page 2 DoubleTime°
NO TENANT
AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared Donald K. and Elisabeth
McAteer, husband and wife, being first duly swom, deposes and says:
1. The property located at 650 West Montrose Street, Clermont, Lake County, Florida, as
more particularly described in Exhibit A attached hereto and incorporated herein, is
vacant with no tenants in possession or under lease.
FURTHER AFFIANT SAYETH NOT.
Dated this 21 st day of November 2023.
Donal K. McAteer
Elisabeth McAteer
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrumenj w s acknowledged before me by means of [X] physical presence or [
online notarization thiay of November 2023 by Donald K. McAteer and Elisabeth
McAteer, husband and wife, who [ ] are personally known or [ X ] produced a valid driver's
license as identification.
(Notary Seal)
y DONNA LDIVINE
Notary Public
State of Florida
= Comm# HH349636
Explres 2/9/2027
•
ii
EXHIBIT "A"
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
Closing Affidavit
(Seller)
Before me, the undersigned authority, personally appeared Donald K. McAteer and Elisabeth McAteer, husband and wife
("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that:
1. Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), is the owner of and is selling the following
described property to City of Clermont, a Florida municipal corporation ("Buyer"), to wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the
map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and
description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real
estate and personal property taxes for the year 2023, which are not yet due and payable.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property
for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or
improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's,
or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Lake County, Florida subsequent to November 13,
2023, which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of
the Property since said date except as may have been disclosed to Law Office of Anita Geraci-Carver, P.A. in writing,
and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold
free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of
Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in
any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than
Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in
making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a
new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any
instruments that would adversely affect the interest to be insured.
8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and
have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property
has been in compliance with the applicable building codes, ordinances and statutes.
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable
zoning laws concerning said property within the past ninety (90) days.
11, There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including
but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
12. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property.
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property
interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required
upon purchase of the above described property, Seller certifies the following:
File Number: 00640-001 DoubleTimg®
a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for
purposes of United States federal income taxation.
b. Seller's U.S. Taxpayer Identification Number is
c. Seller's address is: 4415 Thermal Lane, Clermont, FL 34714.
d. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on
behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and
correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein. Seller hereby holds Law Office of Anita Geraci-Carver, P.A. and Old
Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to
attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation
expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context
so requires or admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as
provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an
instrument of this nature. Seller further certifies that he/she has read, or heard read, the full facts of this Affidavit and
understands its context.
Un r enaltiess o/f/ eer'/y� I d l(azre(pp��/at�(r��avve read the foregoing Affidavit and that the facts stated in it are true.
�rA /�- rl iVf l�.O�G� Y[�ICI,LCQP.�I
bonald K. McAteer Elisabeth McAteer
State of Florida
County of Lake
The foregoing instmilient was swom to and subscribed
notarization, thiday of November, 2023 by Donald K.
or [X] have produced a driver's license as identification.
tarry Pu li
[Notary Seal]
*DONNA L. DIVINE
Notary Public
191'eExpires
State of Florida
Comm# HH349636
2/9/2027
before me by means of [X] physical presence or [ ] online
McAteer and Elisabeth McAteer, who [J are personally known
Printed Name: Donna L. Divine
My Commission Expires: February 9, 2027
Closing Affidavit (Seller) - Page 2
File Number: 00640-001 DoublelrimO
CLOSING AGREEMENT
CLOSING DATE: November 21, 2023
BUYER: City of Clermont
685 West Montrose Street
Clermont, FL 34711
dmantzaris(d)dsklawarouo. com
SELLER: Donald K. and Elisabeth McAteer
4415 Thermal Lane
Clermont, FL 34711
kv mac 1000 (o.a ma i I, co m
CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, Florida 34711
Telephone: 352-243-2801
Fax: 352-243-2768
Email: anita(c aaclaw.net
PROPERTY: 650 West Montrose Street
Clermont, FL 34711
See Exhibit A.
CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12,
2023
1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or
conditions precedent applicable to their respective obligations to close have either been satisfied or
waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by
executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of
the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the
parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge
that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the
transaction and to distribute all of the closing documents and the closing proceeds as set forth in the
Closing Statement.
2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate
taxes has been issued. The real estate taxes (and the personal property taxes, if applicable) for the
current year are being paid by Seller based on the maximum discounted amount.
3. OTHER PRORATIONS AND CHARGES. Buyer and Seller acknowledge that if the Closing
Statement provides for the payment or proration of any income or expenses related to the Property,
including without limitation rent or other income from the Property, or utility charges and other charges
related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items
from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any
such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and
Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas,
electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that
instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly.
Buver and Seller herebv release and hold Closing Aaent harmless as to anv such charges and as to anv
such adiustments that are due to one Dartv or the other to correct such charges.
4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance
Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the
"Commitmenf'), and hereby accepts and approves same. Buyer understands and agrees that it is taking
title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the
standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing).
5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the
property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer
understands and agrees that it is taking title to the Property subject to all the matters that would have
shown on an accurate survey, and that an exception for such matters is contained in the Commitment
delivered at closing and will appear in the Owner's Title Policy.
6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust
for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by
correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as
deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned
acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure
title to the Property, or may be required in order to correct mistakes in the calculations of money due or to
be credited to one party or the other. The undersigned agree to cooperate and comply by signing,
initialing, executing or re -executing any and all documentation reasonably required by Closing Agent.
7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent
for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift
taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to
seek independent advice and have had the opportunity to retain such independent advice as to the tax
consequences of this transaction.
8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity
to inspect the Property and investigate any and all matters related to the Property. The Buyer
acknowledges that it is satisfied with the condition of the Property and all such matters related to the
Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having
received and reviewed the Municipal Lien Search Report dated October 25. 2023, issued by City of
Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinq Aqent
has not made anv representations with regard to anv such matters. nor has Closing Agent assumed
resoonsibility for the same. The Darties herebv release Closing_ Agent from anv resoonsibility or liabilitv
relating to anv of the foregoing issues.
9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains
the complete and entire understanding of the parties and Closing Agent with respect to the matters
addressed herein and no change or amendment shall be valid unless it is made in writing and executed
by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be
considered as a general waiver. Words of any gender used in this Agreement shall be held and construed
to include any other gender, and words in the singular shall be held to include the plural, and vice versa,
unless the context requires otherwise. Buyer and Seller shall include all parties executing this
Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to
judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of
which shall remain in full force and effect. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non-
public personal information is to not disclose any such information about Buyer and Seller to anyone for
any purpose that is not specifically permitted or required by law or otherwise contemplated in this
transaction by the parties.
11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and
payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver,
P.A. pursuant to the wire transfer instructions attached hereto as Exhibit 'B'.
12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD
ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF
THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION
(COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE
ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (III)
THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER
INTO EACH OF THEM.
13. REPRESENTATION. BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING
THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A.
DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING
OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSING/TITLE AGENT.
COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together
as a single original document.
Seller.
Donald K. Mc t er I
Elisabeth McAteer
Dated: November, 2023
Buyer..,
Brian Bulthuis, City Manager
City of Clermont, a Florida municipal corporation
Dated: November_, 2023
EXHIBIT "A"
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
HUD-1 U.S. Depertrnerit of Housing
A. Settlement Slaternent and Urban Development OMB No. 25D2-0265
B. Type of Loan
Q 1. FHA p 2. FmHA p 3. Corry. Unins. G. File Number 7. Loan Number 8. Mortg. Im. Case Num.
Q 4. VA. 0 5. Conv. Ins. � 00640.001
�ID:
C. NOTE:This farm Is fumshed to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" mere paid outside the dosing; they are shown here for informational purposes and are not Included In the totals.
D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation
Address of Borrower. 685 West Montrose Street, Clermont, Florida 34711
E. NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife
Address of Salter. 4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711
H. SETTLEMENT AGENT: LowOfOce ofAnfts Gemcl-Carver, P.A. TIN: 20.8W1856
Place of Settlement 1660 Bloxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801
1. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE 1121123
rw
f 01. Contract Saks price
785,000.00 401. Contred sales price 785.000.()0
102. Personal property
402. Fanonal property
103. Settlement charges to borrower (Line 1400)
003.
1104.
404.
1 D5.
405.
for items in
Ldiustrftsitsfor iti�ms paid byrolk-f irp advance;
106. Citynown taxes
Adjustments naid bv seller advan:o:
406. CflyAown taxes
1107. County taxes
407 _ County taxes
1103. Assessments
408. Assessments
1109. 2023 Property Taxes from 112123 to 1213123
557.05 409. 2023 Property Taxes from 112123 to 1273123 557.08
[110.
410.
ill.
411.
112.
412.
1120, Gross amount due from borrower.
785.557.08 420, Gross amount due to sailer: 786,557.08
201. Deposit or earnest money
501. Excess deposit (see Instructions)
202. Principal amount of new losr.{s)
502. Setlement charges to seller pine 1d00Y 15,323.12
203. Existng loan(s) taken sub)ed to
503. Existing loan(s) taken subject to
204. Principal amount of second mortgage
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206.
506. Deposits held by seller
207. Principal amt of mortgage held by seller
507. Principal emt of mortgage held by seller
208.
508.
209.
50 B
FQF by
AdjuslTneoLs for iterns. unpaid by seller:
210. Cdvrtorm taxes
Adjustments 110111% Unpaid seller:
510 Citylown laxes
] 211. County taxes
511. County taxes
212. Assessments
512. Assessments
1213.
513.
1214.
514.
1215.
515.
1216.
516.
217.
517_
1 218.
518,
1219.
519.
1220. Total cold bvftor borrower.
0.00 620. Total reductions in amount due seller: 15,323.12
I taros -I
I302. Less amount paid by/for the borrower
(line 220)
1303. Cash ( Q From ❑ To ) Borrower.
0.00 602. Less total reductions in amount due seller
pine 520)
786,557.08 603. Cash ( p To ❑ From ) Seller.
(15.323.12)
770,233.96
Substitute Form 1099 Seller Statement: The Information contained In blocks E. G, H. and I and on line 401 Is Important tax information and is being
furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you Nthis item is required to be reported and
the IRS determines that it has not been reported.
Seller Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D
(Forth 1040 or 1040-SR). If not your main home, report the transaction on Forth 4797. Form 6252, and/or Schedule D for the appropriate Income tax forth.
Borrower's Iwr� Seller's Initials :
I
DoubleTame®
HUD-1 U.S. Department of Housing and Urban Development Pape 2
Pald from Paid from
7D0 Total SaleaJBrokers Com. based on Pnce $785,000.00 @ %. Borrower's Seller's
1701 to Funds at Funds t
1702. % to Settlementteme Settrd
1
1703. Commission paid at settlement
1704. to
IV!. Loan origination fee
%to
1602. Loan discount
% to
1803. Apple" fee
to
804. Credit report
to
805. Lenders inspection fee
to
1805. Mortgage Insurance applicatlon fee
to
I807. Assumption Fee
to
am.
to I
f 809.
to J
1810.
to
jail.
to
901. 1n10FOSt ffOm
to /day
1902. Wig asc Insurance premium for
months to I
903. Hazard insurance Cesium for
rears to
904. Flood Insurance premium for
years to
W0-.
ueara to
1Col. Hazard Insurance
months a
oer month
1002. Mortgage Insurance
months im
oar month
1003. City property taxes
months 0
oer month
1004. County property taxes
months a
per month
1 D05. Annual assessments
months 0
per month
1006. Flood Insurance
months 0
per month
1007.
months 6
her month
1008.
months im
per month
1009. Aggregate accounting a4ustment
1101. Settlement or dosing fee
to Law Office of Anita Gerad-Carver, P.A.
450.00
1102. Abstract or tt search
to Attomeys' Title Fund Services, LLC
275.00
1103. Title examination
to
1104. Title insurance binder
to
1105. Document prapaiation
to
1106. Notary fees
to
1107. Atomey's Fees
to
(Includes above tom numbers:
I
1108. Title Insurance
to Old Republic Nat. TdWAnks Gerad-Carver
4.000.00
(includes above Rem numbers:
)
1109. Lenders coverai : iPremium :
1110. Owner's cove«�;� 'Premium):
$785.000.00 ($4,000.00)
1111. Endorse:
i
[1112.
to
1113.
to
is -i.Recording fees
Deed $18.50 Monganefsl Releases
18.Wtl
' 702. City/county, tax/stamps
Deed Maipace(s)
1203. State tax/stamps
Deed $5,495.00 Monrtaaeis)
5.495.00
1204. ERecording
to Lake County Clerk of CouNSimpliffik
4.75
1zd5-
to
1301. Survey
to
113n2. Municipal Lien Search
to City of Clemrori
76.84
13012023 Property Taxes
to Lake County Tax Collector
4,959.39
11304. UliGty Balance
to City of Clermont
43.64
11305.
to
11306.
to
11307.
to
11308.
to
1309.
( Enter on fries 103. Section J and 502. Section K) _
0.00 15,323.12
1 have carefully revlerwed the HUD-1 Settlement Stalernerl and to the best of my knowledge and belief. it Is a true and accurs stalerrherht of all
pta and dhsWraenwms made on
my account or by me In this transaction.
I further certify OW I have received a copy of the HUD-1 Setoemem Statement
Coy of.0lennont
By:
Borrower
Salter
BrienIhAlhuis, City Manager
Donald K McAteer
Borrower
Elisabeth McAteer
ceder
The HUD-1 Setllemanl Statemerd which I have prepared is a true and accurate account of this uansacson. I have caused. or wdl cause, the funds to be Asbursed in aaardenea
with this staterneni.
Law Office of Anita Geraci-Carver, PA
By:
As its Authorized Representative Data
WARNING: It Is a crime to knowingly make false statements to the Linked States on the or any other simdar form. Penalties upon canWcdon can include a one DoubleTime®
and Imprisonment For details am; Tide 18 U.S. Code Section 1001 and Section 1010.
HUD-1 U.S. Department of Housing
A. Settlement Statement and Urban Development OMB No. 25D2-0285
B. Type of Loan
O 1. FHA O 2. FmHA O 3. Conv. Unins. I 6. File Number ! 7. Loan Number
Q 4, VA. O 5. Coriv. Ins. 00640 001
ID:
8, Mortg. Ins. Case Num,
C. NOTE:ThIs form is furnished to give you a statement of actual settlement coats. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not induded in the totals.
D. NAME OF BORROWER:
City of Clermont, a Florida municipal corporation
Address of Borrower:
685 West Montrose Street, Clermont, Florida 34711
E. NAME OF SELLER:
Donald K. McAlear and Elisabeth McAteer, husband and wife
Address of Seller.
4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lander.
G. PROPERTY LOCATION:
650 W Montrose Street, Clermont, Florida 34711
H. SETTLEMENT AGENT.
Law Office of Anka Gereci-Carver, P.A. TIN: 2043001856
Place of SettemenH:
1560 Bloxam Avenue, Clermont, Florida 34711 Phone:352-243-2801
1. SETTLEMENT DATE:
11/21/23 DISBURSEMENT DATE: 11121/23
101. Contract sales price
785,000.D0 90 1. Contract sales price
785,000.00
102. Personal property
402, Personal property
f 103. Settlement charges to borrower (Line 1400)
403.
104_
404,
lies.
406.
Adjustments for ilenz Paid liv seller in advince:
105. C.4yltawn taxes
AdlL1StVffl?nt' for items onid bV seller in advanco!
406. Cityltown taxes
1107. County taxes
407. County faxes
108. Assessments
408. Assessments
109, 2023 Property Takes from 11/21/23 to 12/31/23
557.08 409. 2023 Property Taxes from 11/21/23 to 12/31/23
557.08
110.
410.
111.
411.
112.
412.
120. Gross amount due from borrower.
785,557.08 420. Gross amount due to seller
rr Redtictions
785.557.06
r
201. Deposit or eamest money
. in amount due to seller:
501. Excess deposit (see Instructions)
202. Principal amount of new loan(s)
502. Settlement charges to sager (fine 1400)
15.323.12
203. Fxlatng loans) taken subject to
503. Existing loan(s) Wren subject to
2D4. Pdndpal amount of second mortgage
504. Payoff of first mortgage loan
i 205.
565. Payoff of second mortgage loan
1206.
506. Deposits held by seller
1207. Principal amt of mortgage held by seller
507. Principal amt of mortgage held by seller
1208.
503.
1209.
509.
1
210. Cityrtuwn teams
510 Cdynown lases
211. County taxes
511. County taxes
1212. Assessments
512. Assessments
[ 213.
513.
1214.
514.
1215.
515.
1216.
516.
217.
517.
1218.
518.
1219.
519.
220. Total paid by/for borrower.
0.00 620. Tobrl reductions In amount due seller: 15,323.12
301. Grose amount due from borrower 785.557.06 601. Gross amount due to seller 785,557.08
(line 120) (fine 420)
302. Less amount paid byRor the borrower 0.00 6W. Less total reductions in amount due War (15,323.12)
(fine 220) (line 620)
303. Cash ( Q✓ From ❑ To ) Borrower: 785.557.08 BD3. Cash ( E) To ❑ From ) Sefler. 770,233.96
Substitute Form 1D99 Seller Statement: The information contained in blocks E, G, H. and I and on One 401 Is important tax information and Is being
fumishod to the IRS. If you are required to file a return, a negligence penalty or other sanction will be Imposed on you if this item is required to be reported and
the IRS determines that it has not been reported.
Seiler Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D
(Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797, Form 6252, and/or Schedule D for the appropriate income lax forth.
Borrower's i• ua `:,i:
Sellers Inklal s.:
DoubleTimeO
HUD-1
U.S. Department of Hooting and Urban Development
Page 2
Paid from
Paid from
700. Total Salet lBmkem Cam based on price
$785.000.00
%=
Borrower's
Seller's
701.
% to
Funds at
Funds at
702.
% to
Seftmerd
Settlement
1703. Commission pald at seHlament
704.
to
601. Loan origination fee
%to
j 802. Loan discount
%to
803. Appraisal fee
to
1804. Credit report
to
1805. Lenders inspection fee
to
1806. Mortgage Insurance application fee
to
1
807. Assumption Fee
to
808.
to
1809.
to
1810.
to
1811.
11 s
to
e
901 Interest from
to
a
/dav
902. Mortgage insurance premium for
months to
903. Hazard insurance Premium for
veans to
904. Flood Insurance premium for
Years to
905.
ar6 ie
1001. Hazard insurance
months A
per month
1002. Mortgage Insurance
months tat
oer month
1003. City property taxes
months &
Fen month
1004. County property taxes
months 4P
per month
j 1005. Annual assessments
months 0
pea month
1006. Flood insurance
months 0
per month
11007.
months 0
Per month
11008.
manlhalf3
par month
11009. Aggregate accounting ad)ustment
11101. Settlement or closing fee
to Law Office of Anita Geraci-Carver. PA.
450.001
1132. Abstractor We search
to Attorneys' Title Fund Services, LLC
275.0DI
11103. Title examination
to
I
1104. Tale insurance binder
to
I
1 11G5. Document preparation
to
1106. Notary fees
to
1107. Attorneys Fees
to
(includes above item numbers:
1108. Tale Insurance to Old Republic Nat. Title/Anita Geraci-Carver
4.000.00
(includes above item numbers:
1
f 1109. Lenders cove - is Premium):
1110. Owners eDwa::a (Premium;: $785,000.00 (to4,000.00)
1 1111 _ Endorse:
11112.
to
1113,
to
1201. Recording fees Dead
$18.50 Mortcaaefsl Releases
18.50
1202. City/county tax/stamps Deed
MotvaneiM
1
1203. State lax/stamps Deed
$5,495.00 Monuage(s)
5.495.001
1204. E-Recording
to Lake County Clerk of CourUSimplif a
4.751
11205
to
1
1301. Survey to
1302. Municipal Lien Search to City of Clemionl/AGC
76.84
1303. 2023 Property Taxes to Lake County Tax Collector
4,959.39
1304. Utility Balance to City of Clermont
43.64
1305. to
1306. to
f
1307. to
1308. to
1309.
S Ehtor fin tlnas 103- Section J end 502 Section K
0.00 15.323.12,
JpLs
1 have carefully reviewed the HUD-1 Sealemenl Statement and to the best of my knowledge and belief, it Is a true and aoeurala statement of al
and diabursements made on
my aocount or by me in ttis transaction. I further sentry That I }taus received a copy of Me HUD-1 Settlement Statement
Cif rverr/ont .r
By- Borrower
Seller
Brian 114fihuis, City Manager Donald K. McAteer
BonOwer
Elisabeth McAleer
Qeller
The HUD-1 SeteemeM Statement which I have prepared Is a In* and aceurahr account of this transaction. 1 have caused, or v0d cause. the hands to be disbursed in accordance
with this statement
Low Office ofAnta Gerad-Carver, PA.
By:
As Its Authorized Representative Date
WARNING: It Is a trine b knovMngy make false statements to Me Untied Stales on this or any other similar form. Penalties upon corw son an inckrde arise DoubleTime®
and knpdsaxnead For detalb nee: Tide 13 U.S. Code Seclion 1001 and Sec4on 1010.
CLOSING AGREEMENT
CLOSING DATE: November21, 2023
BUYER: City of Clermont
685 West Montrose Street
Clermont, FL 34711
dmantzaris.�'dsklawgrcua.com
SELLER: Donald K. and Elisabeth McAteer
4415 Thermal Lane
Clermont, FL 34711
kvmac1000(@gmail.com
CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, Florida 34711
Telephone: 352-243-2801
Fax: 352-243-2768
Email: anita(a.agclaw.net
PROPERTY: 650 West Montrose Street
Clermont, FL 34711
See Exhibit A.
CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12,
2023
1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or
conditions precedent applicable to their respective obligations to close have either been satisfied or
waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by
executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of
the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the
parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge
that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the
transaction and to distribute all of the closing documents and the closing proceeds as set forth in the
Closing Statement.
2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate
taxes has been issued, The real estate taxes (and the personal property taxes, if applicable) for the
current year are being paid by Seller based on the maximum discounted amount.
3. OTHER PRORATIONS AND CHARGES. Buyer .and Seller acknowledge that if the Closing
Statement provides for the payment or proration of any income or expenses related to the Property,
including without limitation rent or other income from the Property, or utility charges and other charges
related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items
from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any
such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and
Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas,
electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that
instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly.
Buver and Seller herebv release and hold Closinc A.,ent harmless as to anv such char:ies and as to any
such adiustments that are due to one party or the other to correct such charges.
4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance
Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the
"Commitment"), and hereby accepts and approves same. Buyer understands and agrees that it is taking
title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the
standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing).
5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the
property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer
understands and agrees that it is taking title to the Property subject to all the matters that would have
shown on an accurate survey, and That an exuepiiun rur such matters is contained in the Commitment
delivered at closing and will appear in the Owner's Title Policy.
6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust
for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by
correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as
deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned
acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure
title to the Property, or may be required in order to correct mistakes in the calculations of money due or to
be credited to one party or the other. The undersigned agree to cooperate and comply by signing,
initialing, executing or re -executing any and all documentation reasonably required by Closing Agent.
7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent
for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift
taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to
seek independent advice and have had the opportunity to retain such independent advice as to the tax
consequences of this transaction.
8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity
to inspect the Property and investigate any and all matters related to the Property. The Buyer
acknowledges that it is satisfied with the condition of the Property and all such matters related to the
Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having
received and reviewed the Municipal Lien Search Report dated October 25, 2023, issued by City of
Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinc Agent
has not made am representations with recard to anv such matters. nor has Closino Agent assumed.
responsibility for the same. The carties hereby release Closino Agent from anv responsibility or liabili-,v
relating to any of the fore:ioina issues.
9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains
the complete and entire understanding of the parties and Closing Agent with respect to the matters
addressed herein and no change or amendment shall be valid unless it is made in writing and executed
by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be
considered as a general waiver. Words of any gender used in this Agreement shall be held and construed
to include any other gender, and words in the singular shall be held to include the plural, and vice versa,
unless the context requires otherwise. Buyer and Seller shall include all parties executing this
Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to
judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of
which shall remain in full force and effect. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non-
public personal information is to not disclose any such information about Buyer and Seller to anyone for
any purpose that is not specifically permitted or required by law or otherwise contemplated in this
transaction by the parties.
11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and
payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver,
P.A. pursuant to the wire transfer instructions attached hereto as Exhibit "B".
12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD
ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF
THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION
(COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE
ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii)
THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER
INTO EACH OF THEM.
13. REPRESENTATION. BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING
THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A.
DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING
OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSINGITITLE AGENT.
COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together
as a single original document.
Seller Buyer.
Donald K. McAteer Brian Bulthuis, City Manager
City of Clermont, a Florida municipal corporation
Elisabeth McAteer
Dated: November_, 2023 Dated: November off! 2023
EXHIBIT "A"
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
EXHIBIT "B"
WIRE INSTRUCTIONS for
LAW OFFICE OF ANITA GERACI-CARVER. P.A. TRUST ACCOUNT
UNITED SOUTHERN BANK
750 N. Central Avenue
Umatilla, FL 32784
Routing #: 063105285
Customer's Name: Law Office of Anita Geraci-Carver, P.A.
Customer Address: 1560 Bloxam Avenue, Clermont, FL 34711
Account Number: 0256021 — Please call office (352-243-2801) to verbally confirm
account number prior to initiating wire.
• Before wiring any funds, personally call Law Office of Anita Geraci-Carver, P.A. to
verify the authenticity and accuracy of wire transfer instructions sent to you.
• Do not call a phone number contained in wire transfer instructions.
VERIFY ALL WIRE TRANSFER INSTRUCTIONS SENT TO YOU BY CALLING LAW
OFFICE OF ANITA GERACI-CARVER, P.A. USING PREVIOUSLY KNOWN CONTACT
INFORMATION.
Closing Affidavit
(Buyer)
Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn,
on oath, depose(s) and say(s) that:
1. City of Clermont, a Florida municipal corporation ("Buyer"), is purchasing the following described property from
Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), to wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map
or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of
legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise
to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will
not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be
insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect
to Buyer.
3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain
unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are
no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any
contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property.
4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to
the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature
whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or
does create a cloud on the title to the subject property.
S. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any
instruments that would adversely affect the interest to be insured.
6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute g charge or lien upon said property.
7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein.
8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company
harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at
trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the
nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely
swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit
and understands its context.
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
File Number: 00640-001 DoubleTime®
City of, Clermont, a Florida municipal corporation
Brian Bulthuis, City Manager
(Corporate Seal)
State of Florida
County of Lake
The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or L] online
notarization, this 26 day of November, 2023 by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal
corporation, on behalf of the corporation. He [j is personally known to me or L] has produced a driver's license as
identification.
[Notary Seal]
DEI3RA M. RYBARCZYK
Notary Public
state of Florida
Comm# HH265339
Expires 5/18/2026
r (n - --
Notary Public
Printed Name:Ct, i ► 1 •UQ,Y'G���
My Commission Expires: '5 $ oZ[ p
Closing Afdavil (Bu)er) - Page 2
File Number: 00640-001 DoubleTime°
Affidavit
[Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer]
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths,
personally appeared Brian Bulthuis ("Affiant") who deposes and says under penalties of perjury that:
(When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.)
1. Affiant is the City Manager of City of Clermont, a Florida municipal corporation, which is hereinafter
referred to as "Buyer."
2. Buyer is purchasing or acquiring an interest in the following described real property:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according
to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County,
Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney.
4. Buyer is (Initial which is applicable):
Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
OR
A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.
)�- (Affiant)
Print Name: Brian Bulthuis
Official Capacity: CA -a (n Ow�
Name of Buyer: � 0� r,l l t0 hT
Address: 685 West Montrose St.. Clermont, FL 34711
STATE OF FLORIDA
COUNTY OF LAKE
Sworn to (or affirmed) and subscribed before me by means of [x] physical presence or [ ] online notarization this a0
day of November, 2023, by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation and on
behalf of the corporation, who [ ] is personally known or [ ] has produced as identification.
1, m . i
Notary Public 7k
Printed Na
[Notary Seal] me: jt�.t,,� �'CZ
DEBRA M. RYBARCZYK My Commission Expires:
Notary Public
State of Florida
r Comm# HH265339
g 3 y� Expires 5AM026
NOTICE: FLORIDA NOW RESTRICTS THE SALE OF PROPERTY TO
FOREIGN PRINCIPALS (Secs. 692.202-205, F.S.)
THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND
PERMANENT RESIDENT ALIENS.
CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE L.EGAL ADVICE. PERSONS WHO ARE OR
MAY BE DEFINED AS "FOREIGN PRiNCIPAL.S OF FOREIGN COUNTRIES OF CONCERN' SHOULD
CONSLIL.T WITH AN ATTORNEY BEFORE PURCHASING OR AC:OUIRING ANY INTEREST IN REAL
PROPERTY IN FLORIDA ON OR AFTER JLJL,Y 1. 2021 LAND ACOUIRED IN VIOLATION OF THIS
L.AW MAY BE FORFEITED TO THE STATE,
Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited from
purchasing or acquiring any interest in certain types of Florida real property, subject to limited
exceptions:
• The People's Republic of China
• The Russian Federation
• The Islamic Republic of Iran
• The Democratic People's Republic of Korea
• The Republic of Cuba
• The Venezuelan regime of NicolAs Maduro
• The Syrian Arab Republic
• Any agency of or any other entity of significant control of such foreign country of concern
BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM:
(a) The government or any official of the government of a foreign country of concern;
(b) A political party or member of a political party or any subdivision of a political party in a foreign country
of concern;
(c) A partnership, association, corporation, organization, or other combination of persons organized under the
laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity;
(d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent
resident of the United States, or
(e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d) having a
controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or
subsidiary formed for the purpose of owning real property in Florida.
IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM:
From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or within
5 miles of a military installation.Z
With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10 miles
of a critical infrastructure facility or military installation'
'Agricultural land is defined to be that which has "agricultural
classification" under F.S. 193.461.
2 "Military Installation" means a base, camp, post, station, yard, or
center encompassing at least 10 contiguous acres that is under the
jurisdiction of the Department of Defense or its affiliates. Sec.
692.201(5), F.S.
3 "Critical infrastructure facility" means any of the following, if it
employs measures such as fences, barriers, or guard posts that are
designed to exclude unauthorized persons:
(a) A chemical manufacturing facility.
(b) A refinery.
(c) An electrical power plant as defined in s. 403.031(20).
(d) A water treatment facility or wastewater treatment plant.
(e) A liquid natural gas terminal.
(f) A telecommunications central switching office.
(g) A gas processing plant, including a plant used in the
processing, treatment, or fractionation of natural gas.
(h) A seaport as listed in s. 311.09.
(i) A spaceport territory as defined in s. 331.303(18)
G) An airport as defined in s. 333.01.
• NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring any
interest in any real property in Florida regardless of its classification, subject to the Limited Residential
Exception and Diplomatic Purposes Exception described below
CERTAIN EXCEPTIONS MAY APPLY:
Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still purchase
one residential real property, up to 2 acres in size, if all of the following apply:
(a) The parcel is not on or within 5 miles of any military installation;
(b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel or
official documentation confirming that the person has been granted asylum in the United States and such
visa or documentation authorizes the person to be legally present in Florida;
(c) The purchase is in the Buyer's dame, i.e., the name of the person who holds the visa or official
documentation described in paragraph (b), and
(d) The Buyer is only entitled to one residential property as described above.
Diplomatic Pu, noses Exception - The real property is for diplomatic purposes as recognized, acknowledged, or
allowed by the Federal Government
Law Office ofAnita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, Florida 347112
352.243.2801
Facsimile 352.243.2768
anita@agclaw.net
November 30, 2023
Debra Rybarczyk, Executive Office Manager
City Manager's Office
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
Re: Purchase From Donald K. McAteer and Elisabeth McAteer
650 W. Montrose Street, Clermont, FL 34711
Dear Debra:
Please find attached the following document in connection with the above referenced
matter:
1. Original Owner's Policy of Title Insurance, 021-7032882.
The Owner's Policy is an important original document and should be kept with
other important documents you may have.
If you have any questions concerning this closing, please contact our office.
Sincerely,
Donna L. Divine, Administrative Assistant to
Anita Geraci-Carver, Esquire
Enclosure
cc: Daniel F. Mantzaris, via email
"ERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY OF TITLE INSURANCE
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy
or any endorsement to this policy is issued electronically or lacks any signature.
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
policy must be given to the Company at the address shown in Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B, AND THE CONDITIONS, Old Republic National Title Insurance Company, a Florida corporation (the "Company"), insures
as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured by reason o£
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance against
loss from:
a. a defect in the Title caused by:
i. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
ii. the failure of a person or Entity to have authorized a transfer or conveyance;
iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed,
acknowledged, notarized (including by remote online notarization), or delivered;
iv. a failure to perform those acts necessary to create a document by electronic means authorized by law;
v. a document executed under a falsified, expired, or otherwise invalid power of attorney;
vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure to have
performed those acts by electronic means authorized by law;
vii. a defective judicial or administrative proceeding; or
viii. the repudiation of an electronic signature by a person that executed a document because the electronic
signature on the document was not valid under applicable electronic transactions law.
b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,
but unpaid.
c. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or
encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only
if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would
have been disclosed by an accurate and complete land title survey of the Land.
(continued on next page)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
>k 1408 North Westshore Blvd., Suite 900, Tampa, FL 33607
* * (612) 371-1111
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Form 021- ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) Page 1 of 8
07/01/2021 File Number: 00640-001 DoubleTime® 9.4
3. Unmarketable Title.
No right of access to and from the Land.
A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and
zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an
Enforcement Notice that identifies a restriction, regulation, or prohibition relating to:
a. the occupancy, use, or enjoyment of the Land;
b. the character, dimensions, or location of an improvement on the Land;
c. the subdivision of the Land; or
d. environmental remediation or protection on the Land.
6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the
enforcement described by the enforcing governmental authority in an Enforcement Notice.
7. An exercise of the power of eminent domain, but only to the extent:
a. of the exercise described in an Enforcement Notice; or
b. the taking occurred and is binding on a purchaser for value without Knowledge.
8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice.
9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an
alternative remedy:
a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in
the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a:
i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar
state or federal creditors' rights law; or
ii. voidable transfer under the Uniform Voidable Transactions Act; or
b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or
similar state or federal creditors' rights law by reason of the failure:
i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to
the Insured; or
ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser
for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the
deed or other instrument vesting the Title in the Public Records.
11104 W DI&I I]W[KI1'1,VDM D_IZ
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy,
but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts,
regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion La. or l.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01/2021 Page 2 of 8
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an
Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under
Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in
Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction
vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a
contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and
payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
CONDITIONS
1. DEFINITION OF TERMS
In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the
plural, as the context requires:
a. "Affiliate": An Entity:
i. that is wholly owned by the Insured;
ii. that wholly owns the Insured; or
iii. if that Entity and the Insured are both wholly owned by the same person or entity.
b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by Condition 8.d. or decreased
by Condition 10 or 11; or increased or decreased by endorsements to this policy.
c. "Date of Policy": The Date of Policy stated in Schedule A.
d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law
because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion,
sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class.
e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land and:
i. is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or
governmental regulation;
ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a
governmental power; or
iii. asserts a right to enforce a PACA-PSA Trust.
f. "Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real
property in the State where the Land is located.
g. "Insured":
i. (a). The Insured named in Item 1 of Schedule A;
(b). the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next of kin;
(c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or
reorganization;
(d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity; or
(e). the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is:
(1) an Affiliate;
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01 /2021 Page 3 of 8
(2) a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes
by an Insured;
(3) a spouse who receives the Title because of a dissolution of marriage;
(4) a transferee by a transfer effective on the death of an Insured as authorized by law; or
(5) another Insured named in Item 1 of Schedule A.
ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against
any predecessor Insured.
h. "Insured Claimant": An Insured claiming loss or damage arising under this policy.
i. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by
State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor
any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or
waterway, but does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one
evidenced by electronic means authorized by law.
1. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and
Stockyards Act or a similar State or federal law.
in. "Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which
a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value
without Knowledge. The term "Public Records" does not include any other recording or filing system, including any
pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety,
or national security matters.
n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term
"State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A.
p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective purchaser or
lessee of the Title or a lender on the Title to be released from the obligation to purchase, lease, or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF COVERAGE
This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured:
a. retains an estate or interest in the Land;
b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or
c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title.
Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys
the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the
Title or an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured must notify the Company promptly in writing if the Insured has Knowledge of:
a. any litigation or other matter for which the Company may be liable under this policy; or
b. any rejection of the Title as Unmarketable Title.
If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the
Insured Claimant under this policy is reduced to the extent of the prejudice.
4. PROOF OF LOSS
The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy that
constitutes the basis of loss or damage and must state, to the extent possible, the basis of calculating the amount of the loss or
damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at its own cost and
without unreasonable delay, will provide for the defense of an Insured in litigation in which any third party asserts a claim
covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters
insured against by this policy. The Company has the right to select counsel of its choice (subject to the right of the Insured to
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01 /2021 Page 4 of 8
object for reasonable cause) to represent the Insured as to those covered causes of action. The Company is not liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in
the defense of any cause of action that alleges matters not insured against by this policy.
b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any
action or proceeding or to do any other act that, in its opinion, may be necessary or desirable to establish the Title, as
insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the
terms of this policy, whether or not it is liable to the Insured. The Company's exercise of these rights is not an admission of
liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must do so
diligently.
c. When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court having jurisdiction. The Company reserves the right, in its sole discretion, to
appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and
any appeals, the Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for this purpose.
When requested by the Company, the Insured, at the Company's expense, must give the Company all reasonable aid in:
i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and
ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other
matter, as insured.
If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company's liability and
obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any
litigation, regarding the matter requiring such cooperation.
b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places
as may be designated by the authorized representative of the Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a
date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant must grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all the records in the custody or control of a third party that reasonably pertain
to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the
Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company,
disclosure is necessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit
for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably
necessary information from third parties as required in Condition 6.b., unless prohibited by law, terminates any liability of
the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company has the following additional options:
a. To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option provided for in Condition Ta., the Company's liability and obligations to
the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation.
b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant
i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay; or
ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability and obligations to
the Insured under this policy for the claimed loss or damage terminate, including any obligation to defend, prosecute, or
continue any litigation.
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01 /2021 Page 5 of 8
8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who
has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title, report
of the condition of the Title, legal opinion, opinion of the Title, or other representation of the status of the Title. All claims
asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not
liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the
determination of the insurability of the Title.
a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of-
i. the Amount of Insurance; or
ii. the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the
matter insured against by this policy.
b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is calculated using the date
the Insured discovers the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy.
c. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the
Insured Claimant may, by written notice given to the Company, elect to use the Date of Policy as the date for calculating the
fair market value of the Title in Condition 8.a.ii.
d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as insured:
i. the Amount of Insurance will be increased by 15%; and
ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in
Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, proceeding, or other act described in
Condition 5.b. is concluded or the date the notice of claim required by Condition 3 is received by the Company as the
date for calculating the fair market value of the Title in Condition 8.a.ii.
e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will also pay the costs,
attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7.
9. LIMITATION OF LIABILITY
a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company
accomplishes any of the following in a reasonable manner:
i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter;
ii. cures the lack of a right of access to and from the Land; or
iii. cures the claim of Unmarketable Title,
all as insured. The Company may do so by any method, including litigation and the completion of any appeals.
b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the
Company's consent, until a State or federal court having jurisdiction makes a final, non -appealable determination adverse to
the Title.
c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any
claim or suit without the prior written consent of the Company.
d. The Company is not liable for the content of the Transaction Identification Data, if any.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an
Insured after the Date of Policy and which is a charge or lien on the Title, and the amount so paid will be deemed a payment to
the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the
loss or damage within 30 days.
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01/2021 Page 6 of 8
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT
a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies of the
Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against
any person, entity, or property to the fullest extent permitted by law, but limited to the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to
transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle
in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of
its subrogation right until after the Insured Claimant fully recovers its loss.
c. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, insurance policy, or bond,
despite any provision in those instruments that addresses recovery or subrogation rights.
14. POLICY ENTIRE CONTRACT
a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this policy, this policy will be construed as a whole. This policy
and any endorsement to this policy may be evidenced by electronic means authorized by law.
b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision
of an endorsement is inconsistent with any term or provision of this policy, the term or provision of the endorsement
controls. Unless the endorsement expressly states, it does not:
i. modify any prior endorsement,
ii. extend the Date of Policy,
iii. insure against loss or damage exceeding the Amount of Insurance, or
iv. increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy
will be deemed not to include that provision or the part held to be invalid, but all other provisions will remain in full force and
effect.
16. CHOICE OF LAW AND CHOICE OF FORUM
a. Choice of Law
The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the
State law affecting interests in real property and the State law applicable to the interpretation, rights, remedies, or
enforcement of policies of title insurance of the State where the Land is located.
The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of
claims against the Title and the interpretation and enforcement of the terms of this policy, without regard to conflicts of law
principles to determine the applicable law.
b. Choice of Forum
Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court
having jurisdiction.
17. NOTICES
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at: 1408 North Westshore Boulevard, Suite 900, Tampa, Florida 33607.
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01/2021 Page 7 of 8
18. ARBITRATION
a. All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with
issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction
giving rise to this policy, may be submitted to binding arbitration only when agreed to by both the Company and the Insured.
Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association
("ALTA Rules"). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as
appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American
Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org.
b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this
Condition 18, then only that request for particular relief may be brought in court. All other requests for relief remain
subject to this Condition 18.
c. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the
parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The
arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator
must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon
the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction.
Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications)
07/01/2021 Page 8 of 8
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.:
Issuing Office File Number: Issuing Office's ALTA Registry ID: Issuing Agent:
00640-001 None 37732
Property Address:
650 W Montrose Street, Clermont, FL 34711
Name and Address of Title Insurance Company:
Policy Number: 021-7032882
Issuing Office:
Law Office of Anita Geraci-Carver,
P.A.
1560 Bloxam Avenue
Clermont, FL 34711
SCHEDULE A
Old Republic National Title Insurance Company
1408 Westshore Blvd, Suite 900
Tampa, Florida 33607
Amount of Insurance: $785,000.00
Date of Policy: November 27, 2023 @ 10:59 AM
1. The Insured is: City of Clermont, a Florida municipal corporation
2. The estate or interest in the Land insured by this policy is: Fee Simple as shown by instrument recorded as Document
No. 2023143331 in Official Records Book 6247, Page 39, of the Public Records of Lake County, Florida.
3. Title is vested in: City of Clermont, a Florida municipal corporation
4. The Land is described as follows:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat
thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
Old Republic National Title Insurance Company
1408 Westshore Blvd, Suite 900, Tampa, Florida 33607, (612) 371-1111
AUTHORIZED SIGNATORY
Anita Geraci-Carver
Form 021- Schedule A - ALTA Owner's Policy 2021 v 01.00 (with Florida Modifications) Page 1 of 2
07/01/2021 DoubleTime® 9.4
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY
(With Florida Modifications)
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy Number: 021-7032882
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy
treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is
redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document
are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting
from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
1. General or special taxes and assessments required to be paid in the year 2024 and subsequent years.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
3. Easements, or claims of easements, not recorded in the Public Records.
4. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured
hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands.
5. All matters contained on the Plat of CITY OF CLERMONT, as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
6. Agreement recorded in O.R. Book 1103, Page 1895, Public Records of Lake County, Florida.
Form 021 - Schedule B ALTA Owner's Policy 2021 v 1.00 (with Florida Modifications) Page 2 of 2
07/01/2021 DoubleTime® 9.4
Map of Boundary Survey
Description:
Lot 8 Less The East 31 feet thereof and all
of Lot 10 of Block 77 in the City of Clermont,
as Per Plat recorded in Plat Book 8, page 17,
of the Public Records of Lake County, Florida.
Lake Countv
I hereby declare that based on my
examination of the Flood Insurance Rate
Map number 12069C 0570 E dated Dec. 18,
2012, and that to the best of my knowledge,
belief and my professional opinion that the
subject property lies within flood zone X.
PORTION OF
LOT 8 INCLUDED
I
LOT 9 IN SUBJECT PROPERTY
S 89*37' 19 E 69.12' / LOT 7
— #
— — —I —
wood fence along line I 31.00
Lot 10 Block 77
0
retaining wall I
a C'
WATER RETENTION I AREA
LO
--�--
��-MES I
X
storm pipe
w
I I�
�❑ LESS THE
n 3'
1 6 EAST 31'
} 56.0' 10.0, OF LOT 8
I Scale = 1 "=30'
LOT 12
0
0
0 BUILDING o CL
z
,COS # 650 L o I
2.8—
Notes:
backflow
4' 10.0' w —Bearings based on the North line of Montrose St.
preventor
-
4'
4' 28 0' as being S 89°27'07" E, FL State Plane East.
West face of retaining---
—Legal description per Deed ORB 1403, Page 539.
SIDEWALK I
wall is 0.7' outside
l 0 —No title commitment or abstract has been
I
SIDEWALK
provided for the subject property. There may
HANDICAP I
0 be recorded or unrecorded documents which
PARKING PS
I
could affect this parcel.
z
paved
r —No adjacent or underground improvements,
I
parking
PS PS other than those shown, located this date.
area
paved Z —Subject property contains 0.238 acres, more
PS Parking I
PS or less, and is subject to any rights of way or
area
easements of record.
I
West face of retaining
PS
wall is 1.0' outside
LESS THE
PS
I
I
EAST 31'
PS
OF LOT 8
RETAINING Electric Meters
concrete WALL PS I concrete panel
apron I right of way line I 31.00' on lot line
S 8 E
69.00'
9'27'07"
SIDEWALK
SIDEWALK Electric box
LEGEND:
1I APRON
PS
PS
Denotes found 4"x4" concrete
2' Miami curb
monument, no disk
0
Denotes set #5 rebar
W. MONTROSE
STREET
cap marked "LB 6980"
PS
parking space
Digitally signed Prepared for: 23026.001
... byJEFFREYP City of Clermont
RHODEN
Date: Rhoden Land Surveying, Inc.
2023.12.08 LB #6980
14:35:25-05'00' 420 E. Minnehaha Ave.
Clermont, FL 34711
FIELD DATE: 12/08/2023 352-394-6255
HUD-1 U.S. Depertrnerit of Housing
A. Settlement Slaternent and Urban Development OMB No. 25D2-0265
B. Type of Loan
Q 1. FHA p 2. FmHA p 3. Corry. Unins. G. File Number 7. Loan Number 8. Mortg. Im. Case Num.
Q 4. VA. 0 5. Conv. Ins. � 00640.001
�ID:
C. NOTE:This farm Is fumshed to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" mere paid outside the dosing; they are shown here for informational purposes and are not Included In the totals.
D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation
Address of Borrower. 685 West Montrose Street, Clermont, Florida 34711
E. NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife
Address of Salter. 4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711
H. SETTLEMENT AGENT: LowOfOce ofAnfts Gemcl-Carver, P.A. TIN: 20.8W1856
Place of Settlement 1660 Bloxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801
1. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE 1121123
rw
f 01. Contract Saks price
785,000.00 401. Contred sales price 785.000.()0
102. Personal property
402. Fanonal property
103. Settlement charges to borrower (Line 1400)
003.
1104.
404.
1 D5.
405.
for items in
Ldiustrftsitsfor iti�ms paid byrolk-f irp advance;
106. Citynown taxes
Adjustments naid bv seller advan:o:
406. CflyAown taxes
1107. County taxes
407 _ County taxes
1103. Assessments
408. Assessments
1109. 2023 Property Taxes from 112123 to 1213123
557.05 409. 2023 Property Taxes from 112123 to 1273123 557.08
[110.
410.
ill.
411.
112.
412.
1120, Gross amount due from borrower.
785.557.08 420, Gross amount due to sailer: 786,557.08
201. Deposit or earnest money
501. Excess deposit (see Instructions)
202. Principal amount of new losr.{s)
502. Setlement charges to seller pine 1d00Y 15,323.12
203. Existng loan(s) taken sub)ed to
503. Existing loan(s) taken subject to
204. Principal amount of second mortgage
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206.
506. Deposits held by seller
207. Principal amt of mortgage held by seller
507. Principal emt of mortgage held by seller
208.
508.
209.
50 B
FQF by
AdjuslTneoLs for iterns. unpaid by seller:
210. Cdvrtorm taxes
Adjustments 110111% Unpaid seller:
510 Citylown laxes
] 211. County taxes
511. County taxes
212. Assessments
512. Assessments
1213.
513.
1214.
514.
1215.
515.
1216.
516.
217.
517_
1 218.
518,
1219.
519.
1220. Total cold bvftor borrower.
0.00 620. Total reductions in amount due seller: 15,323.12
I taros -I
I302. Less amount paid by/for the borrower
(line 220)
1303. Cash ( Q From ❑ To ) Borrower.
0.00 602. Less total reductions in amount due seller
pine 520)
786,557.08 603. Cash ( p To ❑ From ) Seller.
(15.323.12)
770,233.96
Substitute Form 1099 Seller Statement: The Information contained In blocks E. G, H. and I and on line 401 Is Important tax information and is being
furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you Nthis item is required to be reported and
the IRS determines that it has not been reported.
Seller Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D
(Forth 1040 or 1040-SR). If not your main home, report the transaction on Forth 4797. Form 6252, and/or Schedule D for the appropriate Income tax forth.
Borrower's Iwr� Seller's Initials :
I
DoubleTame®
HUD-1 U.S. Department of Housing and Urban Development Pape 2
Pald from Paid from
7D0 Total SaleaJBrokers Com. based on Pnce $785,000.00 @ %. Borrower's Seller's
1701 to Funds at Funds t
1702. % to Settlementteme Settrd
1
1703. Commission paid at settlement
1704. to
IV!. Loan origination fee
%to
1602. Loan discount
% to
1803. Apple" fee
to
804. Credit report
to
805. Lenders inspection fee
to
1805. Mortgage Insurance applicatlon fee
to
I807. Assumption Fee
to
am.
to I
f 809.
to J
1810.
to
jail.
to
901. 1n10FOSt ffOm
to /day
1902. Wig asc Insurance premium for
months to I
903. Hazard insurance Cesium for
rears to
904. Flood Insurance premium for
years to
W0-.
ueara to
1Col. Hazard Insurance
months a
oer month
1002. Mortgage Insurance
months im
oar month
1003. City property taxes
months 0
oer month
1004. County property taxes
months a
per month
1 D05. Annual assessments
months 0
per month
1006. Flood Insurance
months 0
per month
1007.
months 6
her month
1008.
months im
per month
1009. Aggregate accounting a4ustment
1101. Settlement or dosing fee
to Law Office of Anita Gerad-Carver, P.A.
450.00
1102. Abstract or tt search
to Attomeys' Title Fund Services, LLC
275.00
1103. Title examination
to
1104. Title insurance binder
to
1105. Document prapaiation
to
1106. Notary fees
to
1107. Atomey's Fees
to
(Includes above tom numbers:
I
1108. Title Insurance
to Old Republic Nat. TdWAnks Gerad-Carver
4.000.00
(includes above Rem numbers:
)
1109. Lenders coverai : iPremium :
1110. Owner's cove«�;� 'Premium):
$785.000.00 ($4,000.00)
1111. Endorse:
i
[1112.
to
1113.
to
is -i.Recording fees
Deed $18.50 Monganefsl Releases
18.Wtl
' 702. City/county, tax/stamps
Deed Maipace(s)
1203. State tax/stamps
Deed $5,495.00 Monrtaaeis)
5.495.00
1204. ERecording
to Lake County Clerk of CouNSimpliffik
4.75
1zd5-
to
1301. Survey
to
113n2. Municipal Lien Search
to City of Clemrori
76.84
13012023 Property Taxes
to Lake County Tax Collector
4,959.39
11304. UliGty Balance
to City of Clermont
43.64
11305.
to
11306.
to
11307.
to
11308.
to
1309.
( Enter on fries 103. Section J and 502. Section K) _
0.00 15,323.12
1 have carefully revlerwed the HUD-1 Settlement Stalernerl and to the best of my knowledge and belief. it Is a true and accurs stalerrherht of all
pta and dhsWraenwms made on
my account or by me In this transaction.
I further certify OW I have received a copy of the HUD-1 Setoemem Statement
Coy of.0lennont
By:
Borrower
Salter
BrienIhAlhuis, City Manager
Donald K McAteer
Borrower
Elisabeth McAteer
ceder
The HUD-1 Setllemanl Statemerd which I have prepared is a true and accurate account of this uansacson. I have caused. or wdl cause, the funds to be Asbursed in aaardenea
with this staterneni.
Law Office of Anita Geraci-Carver, PA
By:
As its Authorized Representative Data
WARNING: It Is a crime to knowingly make false statements to the Linked States on the or any other simdar form. Penalties upon canWcdon can include a one DoubleTime®
and Imprisonment For details am; Tide 18 U.S. Code Section 1001 and Section 1010.
HUD-1 U.S. Department of Housing
A. Settlement Statement and Urban Development OMB No. 25D2-0285
B. Type of Loan
O 1. FHA O 2. FmHA O 3. Conv. Unins. I 6. File Number ! 7. Loan Number
Q 4, VA. O 5. Coriv. Ins. 00640 001
ID:
8, Mortg. Ins. Case Num,
C. NOTE:ThIs form is furnished to give you a statement of actual settlement coats. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not induded in the totals.
D. NAME OF BORROWER:
City of Clermont, a Florida municipal corporation
Address of Borrower:
685 West Montrose Street, Clermont, Florida 34711
E. NAME OF SELLER:
Donald K. McAlear and Elisabeth McAteer, husband and wife
Address of Seller.
4415 Thermal Lane, Clermont, Florida 34714 TIN:
F. NAME OF LENDER:
Address of Lander.
G. PROPERTY LOCATION:
650 W Montrose Street, Clermont, Florida 34711
H. SETTLEMENT AGENT.
Law Office of Anka Gereci-Carver, P.A. TIN: 2043001856
Place of SettemenH:
1560 Bloxam Avenue, Clermont, Florida 34711 Phone:352-243-2801
1. SETTLEMENT DATE:
11/21/23 DISBURSEMENT DATE: 11121/23
101. Contract sales price
785,000.D0 90 1. Contract sales price
785,000.00
102. Personal property
402, Personal property
f 103. Settlement charges to borrower (Line 1400)
403.
104_
404,
lies.
406.
Adjustments for ilenz Paid liv seller in advince:
105. C.4yltawn taxes
AdlL1StVffl?nt' for items onid bV seller in advanco!
406. Cityltown taxes
1107. County taxes
407. County faxes
108. Assessments
408. Assessments
109, 2023 Property Takes from 11/21/23 to 12/31/23
557.08 409. 2023 Property Taxes from 11/21/23 to 12/31/23
557.08
110.
410.
111.
411.
112.
412.
120. Gross amount due from borrower.
785,557.08 420. Gross amount due to seller
rr Redtictions
785.557.06
r
201. Deposit or eamest money
. in amount due to seller:
501. Excess deposit (see Instructions)
202. Principal amount of new loan(s)
502. Settlement charges to sager (fine 1400)
15.323.12
203. Fxlatng loans) taken subject to
503. Existing loan(s) Wren subject to
2D4. Pdndpal amount of second mortgage
504. Payoff of first mortgage loan
i 205.
565. Payoff of second mortgage loan
1206.
506. Deposits held by seller
1207. Principal amt of mortgage held by seller
507. Principal amt of mortgage held by seller
1208.
503.
1209.
509.
1
210. Cityrtuwn teams
510 Cdynown lases
211. County taxes
511. County taxes
1212. Assessments
512. Assessments
[ 213.
513.
1214.
514.
1215.
515.
1216.
516.
217.
517.
1218.
518.
1219.
519.
220. Total paid by/for borrower.
0.00 620. Tobrl reductions In amount due seller: 15,323.12
301. Grose amount due from borrower 785.557.06 601. Gross amount due to seller 785,557.08
(line 120) (fine 420)
302. Less amount paid byRor the borrower 0.00 6W. Less total reductions in amount due War (15,323.12)
(fine 220) (line 620)
303. Cash ( Q✓ From ❑ To ) Borrower: 785.557.08 BD3. Cash ( E) To ❑ From ) Sefler. 770,233.96
Substitute Form 1D99 Seller Statement: The information contained in blocks E, G, H. and I and on One 401 Is important tax information and Is being
fumishod to the IRS. If you are required to file a return, a negligence penalty or other sanction will be Imposed on you if this item is required to be reported and
the IRS determines that it has not been reported.
Seiler Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D
(Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797, Form 6252, and/or Schedule D for the appropriate income lax forth.
Borrower's i• ua `:,i:
Sellers Inklal s.:
DoubleTimeO
HUD-1
U.S. Department of Hooting and Urban Development
Page 2
Paid from
Paid from
700. Total Salet lBmkem Cam based on price
$785.000.00
%=
Borrower's
Seller's
701.
% to
Funds at
Funds at
702.
% to
Seftmerd
Settlement
1703. Commission pald at seHlament
704.
to
601. Loan origination fee
%to
j 802. Loan discount
%to
803. Appraisal fee
to
1804. Credit report
to
1805. Lenders inspection fee
to
1806. Mortgage Insurance application fee
to
1
807. Assumption Fee
to
808.
to
1809.
to
1810.
to
1811.
11 s
to
e
901 Interest from
to
a
/dav
902. Mortgage insurance premium for
months to
903. Hazard insurance Premium for
veans to
904. Flood Insurance premium for
Years to
905.
ar6 ie
1001. Hazard insurance
months A
per month
1002. Mortgage Insurance
months tat
oer month
1003. City property taxes
months &
Fen month
1004. County property taxes
months 4P
per month
j 1005. Annual assessments
months 0
pea month
1006. Flood insurance
months 0
per month
11007.
months 0
Per month
11008.
manlhalf3
par month
11009. Aggregate accounting ad)ustment
11101. Settlement or closing fee
to Law Office of Anita Geraci-Carver. PA.
450.001
1132. Abstractor We search
to Attorneys' Title Fund Services, LLC
275.0DI
11103. Title examination
to
I
1104. Tale insurance binder
to
I
1 11G5. Document preparation
to
1106. Notary fees
to
1107. Attorneys Fees
to
(includes above item numbers:
1108. Tale Insurance to Old Republic Nat. Title/Anita Geraci-Carver
4.000.00
(includes above item numbers:
1
f 1109. Lenders cove - is Premium):
1110. Owners eDwa::a (Premium;: $785,000.00 (to4,000.00)
1 1111 _ Endorse:
11112.
to
1113,
to
1201. Recording fees Dead
$18.50 Mortcaaefsl Releases
18.50
1202. City/county tax/stamps Deed
MotvaneiM
1
1203. State lax/stamps Deed
$5,495.00 Monuage(s)
5.495.001
1204. E-Recording
to Lake County Clerk of CourUSimplif a
4.751
11205
to
1
1301. Survey to
1302. Municipal Lien Search to City of Clemionl/AGC
76.84
1303. 2023 Property Taxes to Lake County Tax Collector
4,959.39
1304. Utility Balance to City of Clermont
43.64
1305. to
1306. to
f
1307. to
1308. to
1309.
S Ehtor fin tlnas 103- Section J end 502 Section K
0.00 15.323.12,
JpLs
1 have carefully reviewed the HUD-1 Sealemenl Statement and to the best of my knowledge and belief, it Is a true and aoeurala statement of al
and diabursements made on
my aocount or by me in ttis transaction. I further sentry That I }taus received a copy of Me HUD-1 Settlement Statement
Cif rverr/ont .r
By- Borrower
Seller
Brian 114fihuis, City Manager Donald K. McAteer
BonOwer
Elisabeth McAleer
Qeller
The HUD-1 SeteemeM Statement which I have prepared Is a In* and aceurahr account of this transaction. 1 have caused, or v0d cause. the hands to be disbursed in accordance
with this statement
Low Office ofAnta Gerad-Carver, PA.
By:
As Its Authorized Representative Date
WARNING: It Is a trine b knovMngy make false statements to Me Untied Stales on this or any other similar form. Penalties upon corw son an inckrde arise DoubleTime®
and knpdsaxnead For detalb nee: Tide 13 U.S. Code Seclion 1001 and Sec4on 1010.
CLOSING AGREEMENT
CLOSING DATE: November21, 2023
BUYER: City of Clermont
685 West Montrose Street
Clermont, FL 34711
dmantzaris.�'dsklawgrcua.com
SELLER: Donald K. and Elisabeth McAteer
4415 Thermal Lane
Clermont, FL 34711
kvmac1000(@gmail.com
CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A.
1560 Bloxam Avenue
Clermont, Florida 34711
Telephone: 352-243-2801
Fax: 352-243-2768
Email: anita(a.agclaw.net
PROPERTY: 650 West Montrose Street
Clermont, FL 34711
See Exhibit A.
CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12,
2023
1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or
conditions precedent applicable to their respective obligations to close have either been satisfied or
waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by
executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of
the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the
parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge
that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the
transaction and to distribute all of the closing documents and the closing proceeds as set forth in the
Closing Statement.
2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate
taxes has been issued, The real estate taxes (and the personal property taxes, if applicable) for the
current year are being paid by Seller based on the maximum discounted amount.
3. OTHER PRORATIONS AND CHARGES. Buyer .and Seller acknowledge that if the Closing
Statement provides for the payment or proration of any income or expenses related to the Property,
including without limitation rent or other income from the Property, or utility charges and other charges
related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items
from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any
such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and
Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas,
electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that
instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly.
Buver and Seller herebv release and hold Closinc A.,ent harmless as to anv such char:ies and as to any
such adiustments that are due to one party or the other to correct such charges.
4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance
Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the
"Commitment"), and hereby accepts and approves same. Buyer understands and agrees that it is taking
title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the
standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing).
5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the
property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer
understands and agrees that it is taking title to the Property subject to all the matters that would have
shown on an accurate survey, and That an exuepiiun rur such matters is contained in the Commitment
delivered at closing and will appear in the Owner's Title Policy.
6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust
for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by
correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as
deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned
acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure
title to the Property, or may be required in order to correct mistakes in the calculations of money due or to
be credited to one party or the other. The undersigned agree to cooperate and comply by signing,
initialing, executing or re -executing any and all documentation reasonably required by Closing Agent.
7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent
for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift
taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to
seek independent advice and have had the opportunity to retain such independent advice as to the tax
consequences of this transaction.
8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity
to inspect the Property and investigate any and all matters related to the Property. The Buyer
acknowledges that it is satisfied with the condition of the Property and all such matters related to the
Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having
received and reviewed the Municipal Lien Search Report dated October 25, 2023, issued by City of
Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinc Agent
has not made am representations with recard to anv such matters. nor has Closino Agent assumed.
responsibility for the same. The carties hereby release Closino Agent from anv responsibility or liabili-,v
relating to any of the fore:ioina issues.
9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains
the complete and entire understanding of the parties and Closing Agent with respect to the matters
addressed herein and no change or amendment shall be valid unless it is made in writing and executed
by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be
considered as a general waiver. Words of any gender used in this Agreement shall be held and construed
to include any other gender, and words in the singular shall be held to include the plural, and vice versa,
unless the context requires otherwise. Buyer and Seller shall include all parties executing this
Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to
judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of
which shall remain in full force and effect. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non-
public personal information is to not disclose any such information about Buyer and Seller to anyone for
any purpose that is not specifically permitted or required by law or otherwise contemplated in this
transaction by the parties.
11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and
payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver,
P.A. pursuant to the wire transfer instructions attached hereto as Exhibit "B".
12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD
ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF
THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION
(COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE
ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii)
THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER
INTO EACH OF THEM.
13. REPRESENTATION. BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING
THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A.
DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING
OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF
ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSINGITITLE AGENT.
COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together
as a single original document.
Seller Buyer.
Donald K. McAteer Brian Bulthuis, City Manager
City of Clermont, a Florida municipal corporation
Elisabeth McAteer
Dated: November_, 2023 Dated: November off! 2023
EXHIBIT "A"
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT,
according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of
Lake County, Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
EXHIBIT "B"
WIRE INSTRUCTIONS for
LAW OFFICE OF ANITA GERACI-CARVER. P.A. TRUST ACCOUNT
UNITED SOUTHERN BANK
750 N. Central Avenue
Umatilla, FL 32784
Routing #: 063105285
Customer's Name: Law Office of Anita Geraci-Carver, P.A.
Customer Address: 1560 Bloxam Avenue, Clermont, FL 34711
Account Number: 0256021 — Please call office (352-243-2801) to verbally confirm
account number prior to initiating wire.
• Before wiring any funds, personally call Law Office of Anita Geraci-Carver, P.A. to
verify the authenticity and accuracy of wire transfer instructions sent to you.
• Do not call a phone number contained in wire transfer instructions.
VERIFY ALL WIRE TRANSFER INSTRUCTIONS SENT TO YOU BY CALLING LAW
OFFICE OF ANITA GERACI-CARVER, P.A. USING PREVIOUSLY KNOWN CONTACT
INFORMATION.
Closing Affidavit
(Buyer)
Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn,
on oath, depose(s) and say(s) that:
1. City of Clermont, a Florida municipal corporation ("Buyer"), is purchasing the following described property from
Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), to wit:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map
or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida.
2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of
legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise
to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will
not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be
insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect
to Buyer.
3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements,
alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past
90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain
unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are
no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any
contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property.
4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to
the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature
whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or
does create a cloud on the title to the subject property.
S. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any
instruments that would adversely affect the interest to be insured.
6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including
but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens
or executions of any nature which constitute or could constitute g charge or lien upon said property.
7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title
Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are
relying upon the statements set forth herein.
8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company
harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at
trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein.
"Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the
nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely
swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit
and understands its context.
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
File Number: 00640-001 DoubleTime®
City of, Clermont, a Florida municipal corporation
Brian Bulthuis, City Manager
(Corporate Seal)
State of Florida
County of Lake
The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or L] online
notarization, this 26 day of November, 2023 by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal
corporation, on behalf of the corporation. He [j is personally known to me or L] has produced a driver's license as
identification.
[Notary Seal]
DEI3RA M. RYBARCZYK
Notary Public
state of Florida
Comm# HH265339
Expires 5/18/2026
r (n - --
Notary Public
Printed Name:Ct, i ► 1 •UQ,Y'G���
My Commission Expires: '5 $ oZ[ p
Closing Afdavil (Bu)er) - Page 2
File Number: 00640-001 DoubleTime°
Affidavit
[Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer]
BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths,
personally appeared Brian Bulthuis ("Affiant") who deposes and says under penalties of perjury that:
(When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.)
1. Affiant is the City Manager of City of Clermont, a Florida municipal corporation, which is hereinafter
referred to as "Buyer."
2. Buyer is purchasing or acquiring an interest in the following described real property:
Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according
to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County,
Florida.
Parcel Identification Number: 24-22-25-0100-077-00800
3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney.
4. Buyer is (Initial which is applicable):
Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
OR
A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the
requirements set out in §692.202-205, F.S.
5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.
)�- (Affiant)
Print Name: Brian Bulthuis
Official Capacity: CA -a (n Ow�
Name of Buyer: � 0� r,l l t0 hT
Address: 685 West Montrose St.. Clermont, FL 34711
STATE OF FLORIDA
COUNTY OF LAKE
Sworn to (or affirmed) and subscribed before me by means of [x] physical presence or [ ] online notarization this a0
day of November, 2023, by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation and on
behalf of the corporation, who [ ] is personally known or [ ] has produced as identification.
1, m . i
Notary Public 7k
Printed Na
[Notary Seal] me: jt�.t,,� �'CZ
DEBRA M. RYBARCZYK My Commission Expires:
Notary Public
State of Florida
r Comm# HH265339
g 3 y� Expires 5AM026
NOTICE: FLORIDA NOW RESTRICTS THE SALE OF PROPERTY TO
FOREIGN PRINCIPALS (Secs. 692.202-205, F.S.)
THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND
PERMANENT RESIDENT ALIENS.
CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE L.EGAL ADVICE. PERSONS WHO ARE OR
MAY BE DEFINED AS "FOREIGN PRiNCIPAL.S OF FOREIGN COUNTRIES OF CONCERN' SHOULD
CONSLIL.T WITH AN ATTORNEY BEFORE PURCHASING OR AC:OUIRING ANY INTEREST IN REAL
PROPERTY IN FLORIDA ON OR AFTER JLJL,Y 1. 2021 LAND ACOUIRED IN VIOLATION OF THIS
L.AW MAY BE FORFEITED TO THE STATE,
Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited from
purchasing or acquiring any interest in certain types of Florida real property, subject to limited
exceptions:
• The People's Republic of China
• The Russian Federation
• The Islamic Republic of Iran
• The Democratic People's Republic of Korea
• The Republic of Cuba
• The Venezuelan regime of NicolAs Maduro
• The Syrian Arab Republic
• Any agency of or any other entity of significant control of such foreign country of concern
BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM:
(a) The government or any official of the government of a foreign country of concern;
(b) A political party or member of a political party or any subdivision of a political party in a foreign country
of concern;
(c) A partnership, association, corporation, organization, or other combination of persons organized under the
laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity;
(d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent
resident of the United States, or
(e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d) having a
controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or
subsidiary formed for the purpose of owning real property in Florida.
IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM:
From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or within
5 miles of a military installation.Z
With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10 miles
of a critical infrastructure facility or military installation'
'Agricultural land is defined to be that which has "agricultural
classification" under F.S. 193.461.
2 "Military Installation" means a base, camp, post, station, yard, or
center encompassing at least 10 contiguous acres that is under the
jurisdiction of the Department of Defense or its affiliates. Sec.
692.201(5), F.S.
3 "Critical infrastructure facility" means any of the following, if it
employs measures such as fences, barriers, or guard posts that are
designed to exclude unauthorized persons:
(a) A chemical manufacturing facility.
(b) A refinery.
(c) An electrical power plant as defined in s. 403.031(20).
(d) A water treatment facility or wastewater treatment plant.
(e) A liquid natural gas terminal.
(f) A telecommunications central switching office.
(g) A gas processing plant, including a plant used in the
processing, treatment, or fractionation of natural gas.
(h) A seaport as listed in s. 311.09.
(i) A spaceport territory as defined in s. 331.303(18)
G) An airport as defined in s. 333.01.
• NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring any
interest in any real property in Florida regardless of its classification, subject to the Limited Residential
Exception and Diplomatic Purposes Exception described below
CERTAIN EXCEPTIONS MAY APPLY:
Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still purchase
one residential real property, up to 2 acres in size, if all of the following apply:
(a) The parcel is not on or within 5 miles of any military installation;
(b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel or
official documentation confirming that the person has been granted asylum in the United States and such
visa or documentation authorizes the person to be legally present in Florida;
(c) The purchase is in the Buyer's dame, i.e., the name of the person who holds the visa or official
documentation described in paragraph (b), and
(d) The Buyer is only entitled to one residential property as described above.
Diplomatic Pu, noses Exception - The real property is for diplomatic purposes as recognized, acknowledged, or
allowed by the Federal Government