No preview available
2008-44,.~ ~! AMENDMENT TO CONTRACT This amendment to the CONTRACT FOR SALE AND PURCHASE (the "Contract") executed on September 23, 2008, by and between the City of Clermont, a Florida municipal corporation ("Seller") and Haydon-Rubin Development Inc., a Florida for Profit Corporation ("Purchaser") for the Property referenced in the Contract. Purchaser and Seller hereby agree that the closing date in paragraphs 3 and 10 of the executed Contract shall be amended as follows. 3. Cash Purchase Price and Method of Payment Closing Date. 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00). The purchase price shall be paid by Buyer to Seller by certified check or wire transfer in US Funds and the warranty deed conveying title to the Property (the "Deed") shall be delivered to the County on the date of closing, which shall be December 23, 2008 (the "Closing" or "Closing Date"). 10. Closing. The sale and purchase transaction contemplated in this Contract shall be closed and the aforesaid closing documents delivered on Decmeber 23, 2008. The closing shall be completed by a closing agent or attorney as selected by Buyer and shall take place at a location in Lake County and at such time as shall be mutually agreed upon between Buyer and Seller. At Closing, Seller shall deliver to the Title Company such evidence as shall be required by the Title Company to evidence the authority of the person executing the Deed and other closing documents on behalf of the Seller. Purchaser and Seller further agree that all other terms and conditions of the executed Cotract shall remain in full force and effect. This AMENDMENT TO CONTRACT is agreed upon and executed by and between: -"`~ -- - " ~ 9/a - Seller, Harold Tuville Date CITY OF CLERMONT Purc ser ogers Haydon Da H DON-RUBIN DEVELOPMENT INC HAYDQN-RUBIN dEVELQPMENT INC. • 4592 ULMERTC}N IZOAd, SUITE 104 • CLEARWATER, FL 33762 PHONE: (727) 539-©777 • FAX: (727} 536-6852 l- INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND THE CITY OF CLERMONT RELATING TO PROVISION OF CONTRACTOR LICENSING AND REGULATION SERVICES THIS IS AN INTERLOCAL AGREEMENT by and between Lake County, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and the City of Clermont, a municipal corporation, pursuant to the laws of the State of Florida, hereinafter referred to as "CITY" WITNESSETH WHEREAS, Chapter 125, Florida Statutes, County subsection 125.01(1)(p) authorizes the COUNTY to contr agencies for services; and WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to enter into interlocal agreements to provide services and facilities in cooperation with other; and WHEREAS, it is in the best interest of the public health, safety and welfare for the CITY/TOWN to rely on the COUNTY to administer contractor licensing and regulation services within the municipal limits of the CITY; and WHEREAS, COUNTY has the capabilities to perform these services for CITY through the COUNTY Board of Building Examiners. NOW, THEREFORE, in consideration of the terms, conditions, promises, covenants and payments hereinafter set forth, the parties agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Term of A reement. This Agreement shall be effective for a term of one year from the date of final execution and shall automatically renew for additional one (1) year terms unless terminated as provided in Section 5. Section 3. COUNTY Obli ations a• The COUNTY shall, through the Department of Growth Management, Building Services Division, provide license regulation /investigation for b. construction in accordance with the current state statutes. COUNTY shall, upon request of the CITY, dispatch an investigator to investigate complaints against contractors holding COUNTY / state licenses arising out of their activities within the CITY's jurisdiction, and complaints about unlicensed contractors doing business within the CITY's limits. An investigator shall be dispatched at the earliest possible opportunity after receipt of the complaint, subject to the availability of COUNTY staff. The COUNTY staff shall remain under the exclusive control and direction of the COUNTY. The COUNTY retains the right of final determination with respect to sufficiency and whether or not the case is heard before the Board of Examiners. The provisions of Chapter 6, Lake County Code, shall govern the investigations, citations and administrative complaints conducted or issued pursuant to this Interlocal Agreement. All fines imposed pursuant to Chapter 6, Lake County Code, and this Interlocal Agreement shall be paid to the Lake County Board of County ~ .. Commissioners and used solely to support the function of investigation and corresponding administrative and operational costs. Section 4. Obli ations. To the extent applicable for administrative and enforcement purposes and without the obligation to adopt, amend or repeal any regulation, restriction or requirement applicable within the City, the City of Clermont shall adopt any necessary municipal ordinances consistent with the terms of this agreement and repeal any ordinances which are inconsistent with Chapter 6 of the Lake County Code. CITY shall, upon receipt of a complaint against a contractor holding a contractors license or a complaint of activity within the CITY limits by an unlicensed contractor, perform an initial investigation. CITY shall submit the complaint and all findings from its initial investigation to the Lake County Building Services Division. CITY shall cooperate fully with COUNTY Building Services Division in their investigation and shall release all pertinent information gathered during the CITY's initial investigation. CITY may not withdraw a case once it has been submitted to the COUNTY. CITY shall have a representative present at any Board of Building Examiners hearing which results from a complaint generated pursuant to this Interlocal Agreement. Section 5. Termination. Either party may terminate this agreement for any reason at any time by providing thirty (30) days advance written notice thereof to the other party. Section 6. Amendment to A reement. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parities hereto, with the same formality and of equal dignity herewith. • Section 7. Notices. a. All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: COUNTY CITY County Manager City Manager P.O. Box 7800 685 W. Montrose St. Tavares, Florida 32778 Clermont, Fl 34711 b. All notices required, or which may be given hereunder, shall be considered properly given if (1) personally delivered, (2) sent by certified United States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company. c. The effective date of such notices shall be the date personally delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company. d. Parties may designate other parties or addresses to which notice shall be sent by notifying, in writing, the other party in a manner designated for the filing of notice hereunder. Section S. Entire A reement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. Section 9. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate the remaining provisions. s IN WITNESS WHEREOF, the parties have made and executed this Agreement of the respective dates under each signature: Lake County through its Board of County Commissioners, signing by and through its Chairman, authorized to execute the same by ~-~ ~ , Board action on the ~_ day of 200; and the City of Clermont, signing by and through its Mayor, authorized to execute the same by City Council action on the 14th of October 2008. ATTEST:. ~~~ Tracy Ac royd, City Cl ATTEST: ~Ne KeI Jerk of the Board of Co Commissioners of Lake County, Florida Approved to form and legality: Sanford A. Minkoff County Attorney CITY CITY OF CLERMONT, through its CITY COUNCIL ,_-- arold Turville, Mayo COUNTY LAKE COUNTY, through its BOARD OF COUNTY CO MISSION Welton G. Cadwell Chairman This ~ ~~4da of Y AS' ~,~~ y ,~, 2008