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2006-53 L/ a eti(70 I S.172; Contract for Surveying Services I ,211 kr. 419 DATE. March 9,2006 . � �:�=a BETWEEN: Flonda Geodetic,LLC 737 West Montrose Street Clermont,Florida 34711 Phone#(352)394-3000 Fax# (352)394-1305 AND Name: City of Clermont Address: 685 West Montrose Street,Clermont Florida,34711 (P)352-241-7335(F)352-394-2379 LEGAL DESCRIPTION: PLAT BOOK 8,PAGE 17,LOTS 12 AND 14,CITY OF CLERMONT,LAKE COUNTY FLORIDA. DESCRIPTION OF WORK: BOUNDARY SURVEY OF 460 CHESTNUT STREET AND 470 CHESTNUT STREET, CLERMONT FLORIDA,34711 The price for all services is NOT to exceed$1250.00 with a$0 retainer due at the time of signing. Any additional services will be billed our current hourly rates. SEE SHEET 2 FOR TERMS AND CONDITIONS. The undersigned do hereby agree to the fees,have read and agree to the teens and conditions of this contract and are duly authorized to execute this contract.e Client Dated //kiefb' arland L Zip)H. ian Dated Project Manager page 1 of 2 TERMS AND CONDITIONS. 1. The client binds himself personally, his partners, successors, executors, administrators and assigns to the surveyor to this agreement in respect to all of the terms and conditions of this agreement. 2 Neither the client nor the surveyor shall assign his interest in this agreement without the written consent of the other. 3 In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of this agreement shall be valid and binding on the parties hereto. 4 The surveyor is not responsible for delay nor shall surveyor be responsible for damages or be in default or deemed to be in default by reason of lockouts, accidents or acts of God, or the failure of the client to furnish timely information or to approve or disapprove surveyor's work promptly; or delay or faulty performance by client, other contractors or governmental agencies, or any other delays beyond surveyor's control 5. In the event that client institutes a suit against surveyor because of any failure or alleged failure to perform, error, omission or negligence,and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for surveyor, client agrees to pay attorney's fees, expert witnesses'fees, and court costs and any and all other expenses of defense which may be needful, immediately following dismissal of the case or immediately upon judgment being rendered in behalf of the surveyor. 6. Should litigation be necessary to enforce any term of the provision of this agreement, or to collect any portion of the amount payable under this agreement, then all litigation and collection expenses, witness fees and court costs and attorney's fees shall be paid to the prevailing party. 7 There are no understandings or agreements except as herein expressly stated 8. All original papers and documents and copies thereof produced as a result of this contract, except documents which are required to be filed with public agencies, shall remain the property of the surveyor and may be used by surveyor without the consent of client 9. The terms and provisions of this agreement shall not be construed to alter, waive or affect any lien or stop notice nghts which the surveyor may have for the performance of services under this agreement. 10 Surveyor makes no warranty, either express or implied, as to his findings, recommendations, specifications or professional advice except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance 11. Surveyor has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the completion of all services, unless surveyor is responsible for such early termination, client agrees to release surveyor from all liability for work performed. 12. Each invoice shall be DUE UPON RECEIPT 13. A late payment FINANCE CHARGE of 1.5%per month, which is an annual rate of 18%shall be applied to any unpaid balance commencing 10 days after the date of the onginal invoice. 14. In the event that any staking is destroyed by an act of God or parties other than surveyor, the cost of restaking shall be paid by client as extra work. 15 In the event all or any portion of the work prepared or partially prepared by the surveyor is suspended, abandoned or terminated by the client , the client shall pay the surveyor for all fees, charges and services provided for the project up to the date of cancellation. Cancellation will become effective on the date of receipt by the surveyor of a written notice to cancel all work. 16. In the event of litigation, client agrees to pay to surveyor interest on all past due balances at the rate of 18% per annum. 17. In the event client fails to pay surveyor within thirty (30) days after invoices are rendered, fails to provide adequate site access to surveyor, client agrees that surveyor shall have the nght to consider that event a total breach of this agreement and upon written notice, the duties, obligations and responsibilities of the surveyor under this agreement are terminated In such event, client shall then promptly pay the surveyor for all the fees, charges and services provided by the surveyor. 18. Any alterations, revisions or changes to the legal description, scope of services or terms and conditions shall require written approval by both the surveyor and the client Any such changes in the contract may cause additional cost and/or time delays. 19. The surveyor agrees to provide to the client with five (5) paper copies of the final survey drawing. Each drawing shall be signed and sealed by the surveyor according to the Minimum Technical Standards as set forth in Florida Administrative Code 61G17-6. Additional unsealed copies of the drawings shall be $10.00 a sheet for paper and$20 00 a sheet for vellum copies. 20. This contract is invalid if not executed within 30 days of the contract date page 2 of 2 • • . f-L , G 6--DD & , /c 20/06, THIS FORM HAS BEEN APPROVED BY THE FLORIDA _11/1....t cr.tt/ti..trp ASSOCIATION OF REALTORS AND THE FLORIDA BAR .›.13, col 64 CONTRACT FOR SALE AND PURCHASE .. "Seller" 1 PARTIES: Estate of Mattie Lee Forehand c%Da I Forehand "Se er" 3 her Ci of Clermont the 3 hereby agree that y")pursuant to sell the terms Buyer nd conditions of thisoContract fort Sale eand Purchase and and any aridersl perty and 4 (collectively"Property")p 5 addenda("Contract"). located in Lake County,Florida 6 I. DESCRIPTION:(a)Legal description of the Real Property 7 Lots 12 and 14 in Block 44 in the Cit of Clermont Florida , �_' 8 arAIIIII9 10 (b)Street address,city,zip,of the Property is:460 Chestnut and 470 Chestnut;Cermont.FL 32711 11 (c) Personal Property includes existing range(s), refngerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window 12 treatment(s)unless specifically excluded below 13 Other items included are none 14 15 Items of Personal Property(and leased items,if any)excluded are• none 16 150,000.00 17 II.PURCHASE PRICE(U.S.currency): . . • •• •• •• 18 PAYMENT: Agent) 19 (a)Deposit held in escrow by deBeaubien Kni ht Simmons Manrzaris 6 Neat LLP (Escrow $ 1,000.00 20 In the amount of(checks subject to clearance) •. •••••• days after Effective Date 21 (b)Additional escrow deposit to be made to Escrow Agent within Y e 22 _ (see Paragraph III)In the amount of .... .. $ 23 (c)Financing(see Paragraph IV)in the amount of $ 24 (d)Other: 25 (e)Balance to close by cash,wire transferor LOCALLY DRAWN cashier's or official ban $ 149,000.00 26 check(s),subject to adjustments or prorations 27 III.TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS;EFFECTIVE DATE: 28 (a)Iponris not or beforee 24 hodurs by fter apand proval deliveredf to Counall pcarties OR the deposit(s)willlUTION l, at Buyer's option,communicated be'returned and this 29 the parties 30 offer withdrawn. 31 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS 32 FROM THE DATE THE COUNTEROFFER IS DELIVERED. 33 (b)i The eroethe finalrcounteroffer.If s ch)will be the date when the last date is not otherwise set forth ione n this the Contractrthen heSeller "Effective Date"shallbe 35 this o 35 the date determined above for acceptance of this offer or,if applicable,the final counteroffer 3s IV.FINANCING: 37 X(a)This is a cash transaction with no contingencies for financing; 38 0 (b)This Contract is contingent on Buyer obtaining approval of a loan("Loan Approval")within days (if blank,then 39 30 days) after Effective Date("Loan Approval Date") for (CHECK ONLY ONE)• 0 a fixed; ❑ an adjustable; at an initialto interest rate not 40 or 0 a fixed or adjustable rate loan in the principal amount of$ % to 41 exceed %,discount and origination fees not to exceed years. of Buyer will make application within days (if blank, then 5 42 principalas) amount,rfc and Do to term Buyer yroval and notify Seller in writing of 44 Loan Appr val by LoanDte. SDate;hall use atisfy terms anble d conditionsence to: boflthe oLoanpApproval; and close the loan. Loan 44 Approval Approval requires Approvala shall not be deemed Loan Approval for purposes 45 Approval which a condition related to the sale of other propertyLoan 46 of this subparagraph h Buyer r paydll Laloan Aexpensesrovalorfwaived this er sfinancing er writtencontingency,tthen either party maycancel 47 Date stating Buyer has either obtained Loan App 48 this Contract by delivering written notice("Cancellation Notice")to the other,not later than seven(7)days prior to Closing. 49 Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this so financing contingency If Buyer has used due diligence and has not obtained Loan Approval before cancellation as 51 provided above,Buyer shall be refunded the deposit(s) Unless this financing contingency l relhas been the Property,is Contract 52 shall remain subject to the satisfaction,by Closing,of those conditions of Loan App 53 0 (c)Assumption of existing mortgage(see rider for terms),or sa ❑ (d)Purchase money note and mortgage to Seller(see Standards B and K'and riders;addenda,or special clauses for terms). 55 V.TITLE EVIDENCE:At least 5 days(if blank,then 5 days)before Closing a title insurance commitment with legible 56 copies of instruments listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of 57 title insurance(see Standard A for terms)shall be obtained by 58 (CHECK ONLY ONE). 1 (1)Seller,at Seller's expense and delivered to Buyer or Buyer's attorney,or 59 0 (2)Buyer at Buyer's expense. 60 (CHECK HERE): 0 If an abstract of title is to be furnished instead of title insurance,and attach rider for terms 61 VI.CLOSING DATE:This transaction shall be closed and the closing ocume Unless v us by other provisions of this ed 62 on or before 30 days after approval of City Council (Closing"), insurance at a reasonable 63 Contract If 64 extreme weather Buyer condit ons,Buyere to btain may delay Closing dfor up to 5 days after uchFlood, or 'coverage becomes available rate due to Page 1 of 4 Software and Added Formatti g Association 2004 Alta StarSoftwa e,Inca All Rights Reserved. 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