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1996-56 . . < -.. . . ., WRITER'S DIRECT DIAL (407) 244-1117 e 8 MAGUIRE, VOORHIS & WELLS, P. A. sd'~~ at ~ TWO SOUTH ORANGE PLAZA 2 SOUTH ORANGE AVENUE ORLANDO, FLORIDA 32801 TELEPHONE (407) 244-1100 FACSIMILE (407) 423.8796 MAILING ADDRESS P. O. BOX 633 ORLANDO, FLORIDA 32B02 December 26, 1995 via facsimile (904) 394-1452 Mr. Wayne Saunders City Manager City of Clermont Post Office Box 120219 Clermont, FL 34712-0219 Re: Dear Wayne: Clermont Groves, Inc. et al. - Sale to Lennar Homes, Inc. As we have recently discussed, it is the purpose of this letter to set forth various agreements and understandings between Clermont Groves, Inc. and its affiliates ("Seller") and the City of Clermont (the "City"). The items which we have discussed as requiring clarification include the following: 2. ORLANDO 1. In connection with the sale of certain property from Clermont Groves, Inc, to the City on November 17, 1994, it will be necessary for the City to adopt a resolution confirming repa1~ent obliqations. It may also be appropriate for Clermont Groves, Inc. to release its Mortgage on the previously conveyed property prior to the bond transaction which is contemplated to occur in February, Concerning this matter, it is also our agreement that accrued interest will be paid to Clermont Groves, Inc. prior to year end, and that a $100,000.00 principal reduction will be made at the time of the bond financing, which is anticipated to be in February of 1996. Your staff can deal directly with Tom Riffle in Rex's office concerning both the interest payment and the principal reduction. Tom's number is (407) 656-2291. The City has agreed to proceed with landscaping of the Utility Site as described in the Declaration of Covenants and Restrictions recorded at Official Records Book 1330, ø(gjc¡ ç.. MELBOURNE TAVARES TALLAHASSEE . , , ,~ 8 8 Mr. Wayne Saunders December 26, 1995 Page 2 4. Page 0012, Public Records of Lake specifically Exhibit "D" thereto, County, Florida, 3, Concerning the restrictions contained in that certain Warranty Deed recorded at Official Records Book 1330, Page 0018, Public Records of Lake County, Florida, the Sanitary Sewer Facility as required by subparagraph (d) thereof shall be ".. .not less than 750,000 gallons per day capacity. .." rather than the 1,000,000 gallons per day capacity referenced therein, The City has entered into various agreements with Lennar concerning portions of the Seller's property. The City hereby agrees that Seller and its assigns shall receive the benefit of any such agreements with the City, provided Seller or its assigns elects to do so, and provided further that Seller or its assigns complies with all obligations of Lennar as set forth therein. 5. Concerning the five acre park site referenced in the PD Resolution, we have discussed the prospect of the City acquiring that property from Clermont Groves, Inc. by purchase, as well as the possibility of the City acquiring said site by delivery to Clermont of park impact fee credits. Seller and the City have agreed to cooperate on a reasonable and good faith basis to provide for conveyance of said park site from Clermont Groves, Inc, to the City on mutually acceptable terms. 6. You will recall that Seller still holds title to a well site lying east of Hancock Road and south of the Utility Site. Based on l:.he configuration of Seller's other holdings, Clermont Groves, Inc. would like to sell said well site to the City. I would appreciate your consideration in this matter and your making a proposal for acquisition for said well site in "as is condition". Once you have had an opportunity to review this letter, please do not hesitate to contact me should you have any questions, or if you feel that the terms set forth herein are not consistent with our prior discussions. If after your review of this letter you feel it is consistent with the discussions and agreements between Seller and the City, I would appreciate you executing a copy of this letter where indicated below on behalf of the City, and your returning an executed copy of the letter to me. . , , .' " ., 8 8 'Mr. Wayne Saunders December 26, 1995 Page 3 I look forward to hearing from you at your convenience, and seeing you soon. Sincerely, mes (L/S~ . The matters set forth herein are agreed to and accepted this ~ day of r[k~-L , 199k,. CITY OF CLERMONT BY'~ ~;.~ Its: Rober. Po , ayor --. Clty of Clermont JELS:mdg cc: Mr, Rex McPherson (via facsimile) f:\real\O65\cler-c~ty\saund2,ltr " , " ~8 8 October 16, 1996 CITY OF CLERMONT Office of the City Manager Mr. James E. L. Seay Maguire, Voorhis & Wells, P.A. Two South Orange Plaza South Orange Avenue Orlando, FL 32801 RE: Clermont Groves, Inc. et al. - Sale to Lennar Homes, Inc. Dear Jim: The City Council at their regular meeting held October 8, 1996 approved the clarification letter proposed by you and dated December 26, 1995. Mayor Pool has signed the original letter and it is enclosed for your files. Thank: you again for your assistance in this matter. If you have any questions, please let me know. Sincerely, CITY OF CLERMONT WS:aw Enclosure cc: Rex McPherson P.o. BOX 120219 . CLERMONT, FLORIDA, 34712-0219 . PHONE: 904/394-4081