2010-76 CLOSING OF DRIVEWAY ACCESS PURCHASE AGREEMENT
Owner(s): Joseph G. Holt and Shirley Holt
260 Orange Avenue
Clermont, FL 34711
Buyer: City of Clermont
Post Office Box 120219
Clermont, Florida 34712
In consideration of the following promises and obligations, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and Buyer (as
identified above) hereby agree that Owner shall permit the driveway access described below to be forever
closed pursuant to the following terms and conditions:
Description of Property Interest to be Acquired:
(a) Driveway access from Owner's property located at 260 Orange Avenue, Clermont, FL to 3` Street
in Clermont Florida as more particularly described in Exhibit "A" attached hereto and
incorporated herein, shall upon payment of the funds set forth below shall be forever closed and
the Owner on his behalf and that of his assigns, heirs and/or transferees forever waives and
relinquishes any right Owner may have to use the driveway access described in Exhibit "A ".
(b) Above listed right being acquired by Buyer for the purpose of completing road and related
improvements to 3 Street.
II. Acquisition Cost
Total Property Interest Costs $ 6,500.00
III. Terms, Conditions and Limitations
(a) Owner represents and warrants that Owner owns full and complete interest and right to transfer or
relinquish the property interest described above and has the full power, right and authority, and is
duly authorized, to enter in this Agreement (hereinafter referred to as "Agreement "), to perform
each and all of the matters and acts herein provided, and to execute and deliver all documents
provided hereunder.
(b) Buyer in its sole discretion shall select a closing agent or closing attorney to conduct closing which
shall take place at Clermont City Hall in Lake County, and at such time as mutually agreed upon
between Buyer and Owner on the date specified in Section IV unless such date is extended by
Buyer and Owner. Buyer shall pay to Owner at closing in United States Dollars by regular bank
check issued by Buyer in the sum set forth in Section II. Buyer and Owner shall execute all
1
documents required by the closing agent or closing attorney conducting the closing. Owner agrees
that the Property Interest described in Section I of this agreement shall be conveyed to Buyer by
conveyance instrument(s) acceptable to Buyer. The Effective Date of this Purchase and Sale
Agreement shall be the date upon which this Agreement is by the Buyer. It is expressly agreed by
Owner and Buyer that time is of the essence of this Agreement 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 therefore, shall be extended to the next business day.
(c) In the event it shall be necessary for either party to the Agreement to bring suit to enforce any
provision hereof the prevailing party in any such litigation, including any 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 all reasonable attorneys' fee as fixed by the
Court.
(d) 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 States Mail, postage prepaid, return receipt requested, or by facsimile or telecopy
transmission, with acknowledgment of receipt upon transmission (provided that if notice is sent by
facsimile or telecopy transmission, it must also be sent by one of the other methods of delivery
specified herein), to the party entitled or required to receive the same, as follows:
TO OWNER: Joseph G. Holt
260 Orange Avenue
Clermont, FL 34711
TO BUYER: City of Clermont
P.O. Box 120219
Clermont, FL 34712
Attention: City Manager
WITH A REQUIRED deBeaubien, Knight, Simmons, Mantzaris and Neal, LLP
COPY TO: P.O. Box 87, 332 N. Magnolia Avenue
Orlando, FL 32802
Attention: Daniel F. Mantzaris
Telephone 407 - 422 -2454
Facsimile 407 - 992 -3541
(e) This Agreement and the interpretation and enforcement of the same shall be governed by and
construed in accordance with the laws of the State of Florida and shall be binding upon, inure to the
2
benefit of, and be enforceable by the parties hereto as well as their respective heirs, personal
representatives, successors and/or assigns. Owner and Buyer acknowledge each to the other that
both they and any respective counsel chosen by either party have reviewed this Agreement and that
the normal rule of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement. Venue of any cause of
action arising hereunder shall be exclusively in Lake County, Florida.
(f) This Agreement 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 Agreement
between the parties hereto.
(g) Owner and Buyer agree that this Agreement represents the complete and entire understanding and
the full and final Agreement for the herein described sale and purchase and no agreements or
representation, unless incorporated into this Agreement, shall be binding on the parties. This
Agreement 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.
(h) OWNER AND BUYER AGREE AND UNDERSTAND THAT THIS AGREEMENT AND
ANY AND ALL OF BUYER'S OBLIGATIONS SET FORTH HEREIN ARE EXPRESSLY
CONTINGENT UPON APPROVAL AND ACCEPTANCE OF THIS AGREEMENT BY
THE CITY COUNCIL OF THE CITY OF CLERMONT. IN THE EVENT THAT THIS
AGREEMENT IS NOT APPROVED AND ACCEPTED BY CITY COUNCIL THEN THIS
AGREEMENT WILL BE NULL AND VOID AND BOTH PARTIES SHALL BE RELIEVED
FROM ANY AND ALL OBLIGATIONS SET FORTH HEREIN.
IV. Closing Date
The closing will occur on or before 30 (thirty) days after the Effective Date with Effective Date defined
as the date on which the last of the parties, either Buyer or Owner, shall execute this Agreement.
However, Buyer may extend the closing date at its option in order to receive good and marketable title to
Buyer free and clear of any and all liens, taxes, mortgages, judgments and/or encumbrances.
V. Typewritten or Handwritten Provisions
Any typewritten or handwritten provisions inserted into or attached to this Agreement as addenda must be
initialed by both Buyer and Owner.
VI. Acknowledgement of Signatures
Owner and Buyer hereby acknowledge and agree that their signatures as Owner and Buyer below
3
constitute their acceptance of this Agreement as a binding real estate contract.
Owner(s) Buyer
.:6.4.4, , ! _ I
7 .-
Cit of Clermont
Josep i . Hod, i s�
/ �- ; '
Date: 6 0 BY: / our � ��
Haro d S. Turvile, ayor
" 244_,,eiz..
Date: SD /
Shirley Holt
Date: V / D
4
' - .- -
...... \
' . f i D
;
v
-
, l
x J > of r i Y
, i
% ', (
1 e ..,:\ (�� n
f �; .,....,,,,
/ .,
'1�
- % {4 ' L ''' ' J \ i -- i ‘-` t ty I - /
V b 9
,-- _ \\\\ L ' .. ... ,
/ /1/.
a
�� °'_ _ I
_ \ ,..... X - -
T - -
W ' f 1 , -
c
_ {
•
w
�- _ �W o --� - -- — - =
\ �S R � •� _ C4 l 1 S.Z. h 9r ` � � r
' 4., ` _1, C`' , - V .0
/ 7, . Vl i_rt� fi P l 1 r V/ •1E Ns + -/1 rA G
r m r w� -� r I 1 r r .. J s+ /
Y
\? . .
4 - }
} J >
V.
•� �� ,.to
•
T + 11 4
• 1... � � J. f f Q
a ..2 - I
w
t � tea. H
.9 w e t J
Q
► U U
• «. (I)
sic 4 .1.6 11t ,41 - 1 N' '
4
. 4 k . 1 . , a' ..
'k • +• _
f i ii , - -e:_
j ( Y �...��
N 4, f + +. s
At
M t
W '� � # - - r te :• .\
I■, At ' " f f . 14
A 14111 ) iw ,
>< i liii : II I? - .d , i , 4or , .,.. . .,t,' 7.. . ,.
z
�` }
� • f
- 1+ A ( m, 1 .
.,_111111111_ ' A "L i s
•
■ TO
. -. 40 I ; 44 t4r. c 4 iipb- 4 °
• Di': . 4111Ft;, . I t 4 4 - '.. . I I" tat,
1
r . f
. _ 4 tt t - , . s s , .tir li ii ,
� \ •rya
s it
t
, -
•
ti---
p ., Z ' . '� - o
-
Alt l l
wit x J r
. 2
*�, t t h •
• _ w
,� , ° .
4I , air, A i . 41* z - z 6
0 Y. ,,
f -,,,, .. jell
_ i - , ....
l
'"tt 10 , 4. _, , ... ,
, ..,• •,•
c 4 ". ... .
w M
m - .
AN L.?.
ire r. .. Vt
afiter4,4 40 , 1 , , . ,.
I f V t ,�
� -
�-� R < Q • '�'• i' , tom- ` "+^�.
J .!
r, W , •
f \'t , - + + YY ' , y /u� / W : R _ • I • ' ,
• • i ,�( : . *' '1 FFF g , • 0‘.. '* 1•Y t
' 4 ...., E Z* ' f X r A 4.... IC 4.• arm)
w
� O ` `r • ". . ; F ay .. : ` + ' M '., • •
v• jitt,it --.. i , , ** •
♦ 46•`•¢ « .... t . ,.• .t . �` s r • • ' . �' eraiir
JJ >r 13 �_,1a7
I