1979-01
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Page 1 of 3
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ESCROW AGREEMENT
This Agreement, by and between NEAL V. DAUPHIN, hereinafter referred to as
"Builder"; THE SUN FIRST NATIONAL BANK OF LEESBURG, hereinafter referred to as "Bank";
and the CITY OF CLERMONT, hereinafter referred to' as "City".
WHEREAS, Builder has applied for q building permit to move a structure onto Lot 11
and the W~st 15 feet of Lot 10, Block 13, Sunnyside Unit, Clermont, Florida, and
WHEREAS, the City of Clermont Building Code Board Of Adjustment And Appeals con-
sidered the request on February 5, 1979, and
WHEREAS, the City of Clermont Building Code Board Of Adjustment And Appeals granted
the request of Builder upon the condition that Builder provide an Escrow Account in the
amount of SIX THOUSAND AND NO/lOO DOLLARS ($6,000.00) in favor of the CITY OF CLERMONT
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for the purpose of removing said structure if an occupational license has not been
granted on or before six (6) months from the time the structure arrives on the property,
and
WHEREAS, an Escrow Account has been established at SUN FIRST NATIONAL BANK OF
LEESBURG for the above-stated purposes.
NOW THEREFORE, the parties agree:
1. The Escrow Account in the amount of SIX THOUSAND AND NO/lOO DOLLARS ($6,000.00)
shall be held in the name of NEAL V. DAUPHIN and the CITY OF CLERMONT and shall be
unencumbered by any liens, restrictions or prior claims.
2. The Escrow Account shall be disbursed as follows:
a. If a certificate of occupancy is issued for the structure on or
before six (6) months from the date the structure arrives on the
premises, the funds shall be disbursed to NEAL V. DAUPHIN upon
receipt by the Bank of a Release executed by the City.
b. If a certificate of occupancy is not issued as described in a.
above, the CITY OF CLERMONT may remove the structure and shall
present to the Bank a statement of charges for said action.
Bank shall pay the total amount of the charges out of the escrow
account to City and the balance shall be disbursed to Builder.
c. Builder hereby waives demand, notice and protest and specifically
agrees that this action may be taken without further proceedings.
d. All interest earned by said account shall be added to the princi-
pal balance.
3. Notwithstanding the provisions of this Escrow Agreement, City is not waiving
any other right of action against Builder which may be appropriate.
HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, flORIDA 32711
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Page 2 of 3
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4. Sun First National Bank of Lake County shall be held ha:rmless by
the City and the Builder fran any liability herein unless the action of
Sun First National Bank of Lake County, as escrON agent, in administering
said account are tantarrount to fraud and or gross negligence.
5. A certificate of occupancy for the structure shall not be unreasonably
withheld or delayed and shall be issued upon compl~ance with the City of Clermont
building code..
6. Any dispute regarding the issuance or nonissuance of a certifi.cate
of occupancy may be appealed to the City of Clermont Building Code Board of
Adjustment and Appeals. Such an appeal shall stay a~y further action by the
City against Builder or his property until the appeal decision is rendered.
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DATED this ~ \ day of
M. (A ~.c.l.
O-A/1~ ~ ~~
~"'-l. Q '-1 +..-
ATTEST:
O~,.) lL ~jl
DOLORES W. CARROLL - City Clerk
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Page 3 of 3
, 1979.
/7UJ~$~
NEAL V. DAUPHIN
/k2, C!- ..6JaA'l"JL'/u
,eEE C. .[)IILA.I'HI N'
CITY
OC;lJ~
BY:
BY:
SUN FIRST
LEESBURG
HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711