1995-26
. JY~
'. .
8
8
, ,
"'-~-'"--~~...
--~---~
CITY OF CLERMONT
June 5, 1995
Office of the City Manager
Mr. Marshall Ames
Lennar Homes
1110 Douglas Avenue, Suite 2040
Altamonte Springs, FL 32714
"
'L
Dear Marshall:
.'
Enclosed are two executed copies of the agreement between the City and Lennar
Homes. Please execute both copies, retain one for your files, and return one to the
City along with the 10% payment as required under Section HID.
Also enclosed is a copy of the amended agreement between the City of Clermont and
Clermont Groves and a copy of Rex McPherson's letter dated June 2, 1995 regarding
this agreement.
If you have any questions, do not hesitate to call. We look forward to continuing to
work with you on this project.
Sincerely,
CITY OF CLERMONT
~ D<£. d--
~;ç¡; S~~
City Manager
WS:aw
Enclosures
'!¡
P.O. BOX 120219
.
CLERMONT, FLORIDA 34712-0219
.
PHONE: 904/394-4081, '
FAX: 904/394-1452
8
8
OMNIBUS AMENDMENT TO IMPACT FEE AND
SEWER EFFLUENT AGREEMENT.
MORTGAGE DEED AND SECURITY AGREEMENT.
AND
PROMISSORY NOTE
This Omnibus Amendment (the IIAmendmentll) is entered into the~day of
May. 1995. between Clermont Groves. Inc.. a Florida corporation ("CGIII) and the
City of Clermont. a Florida municipal corporation CICHyll).
WIT N E SSE T H:
Whereas. CGI and the City have previously entered into certain agreement~
as follows:
an Impact Fee and Sewer Effluent Agreement recorded at Official
Records Book 1330. Page 0034. Pub 1 i c Records of lake County, Flori da (the II Impact
Fee Agreement"); a Mortgage Deed and Security Agreement recorded at Official
Records Book 1330. page 0022, Pub 1i c Records of Lake County. Flori da (the
IIMortgage"); and a Mortgage Note in the principal sum of Five Hundred Six
lhousand Four Hundred Eighty and No/IOO Dollars ($506,480.00) (the IINote); and
Wh(!reas. CGI and the Ci ty desi re hereby to amend the Impact Fee Agreement,
the Mortgage. and the Note;
Now. Therefore, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration. the receipt and
sufficiency of which are hereby acknowledged. the parties hereto hereby as
fo 11 ows:
1.
The Impact Fee Agreement is amended by addition of the following to
Paragraph 5 thereof: "The City shall terminate Clermont Groves's obligation to
provide property for spray field purposes at such time as lpnnar Homes, Inc.
makes available to the City an 18 hole golf course which will accept reuse water
from the City's sewer treatment plant.1I
2.
The Mortgage is hereby amended by addition of the following to
Paragraph 2 thereof: "No funds received after May 26, 1995. as impact fees or for
'~ !\
"'("~ r)
I"$;' - <-
. ,~,
~J' ,../ (
.J'" )J " - r," "
(:.'JS'v, '~~-'" ~
\" . \. 1¡./""~ "~~ J ~ !"~c /, /
, '...... ~ '\) " \ 'J
./ '
"'",7
,
8
8
which impact fee credits are issued shall be treated in any manner by Mortgagor
which would result in any delay in receipt of funds hereunder by Mortgagee.1I
3.
The Note is hereby amended by addition of the following language
,.
thereto: liThe undersigned shall make quarterly interest payments hereunder
commencing with the first quarter in which Lennar Homes, Inc. has obtained a
building permit for its model home. Said first quarterly interest payment shall
include all accrued but unpaid interest hereunder, and quarterly payments
thereafter shall
include all
accrued interest for the previous quarter.
Additionally, the interest rate hereunder shall be adjusted from six percent (6%)
to seven percent (7%) per annum, compounded annually on the unpaid principal
balance commencing at the time Lennar Homes, Inc. obtains the building permit for
its model home.
The interest rate hereunder shall i ncrease annually by one
percent
(1%)
on
the
same
day
in
succeeding
calendar years;
however,
notwithstanding the foregoing, the interest rate hereunder shall not at any time
exceed the rate which is published by Sun Bank, N.A. as its "prime rate" plus
three percent.
The undersi gned shall have the opti on of payi ng the enti re
balance hereunder at any time, and should the undersigned elect to pay said
balance within two (2) years of the date of issuance of the building permit for
the model home of Lennar Homes, Inc., total interest due and payable hereunder
shall be calculated at six percent (6%) per annum."
, ,.
8
8
purposes herein expressed.
In Witness Whereof, CGI and the City have executed this Amendment for the
Each party agrees to execute such further and
provisions hereof.
additional documents as may be necessary and convenient to give effect to the
. .
y
-
STATE OF FLORIDA
)
) 5S:
)
COUNTY OF
ORANGE
"CGIII
Clermont Groves, Inc.,
::~C
Rex V. McPherson, II
Its: President
a
Florida
"City"
City of Clermont,
municipal corporation
ßy:Æ¿ ð" /J~
Robert A. Pool ~-
Its: Mayor
a
Florida
~
The foregoi ng instrument was acknowl edged before me thi s ~ - day of May I
1995, by Rex V. McPherson, II, the President of Clermont Groves, Inc., a Florida
corporation, on behalf of the corporation. He is personally known to me.or [ ]
M::. 1.H"oduc~d as id9Rtificat-Tun.
Notary Stamp
5i natur of Person aking
Ac owl e gmen~ARLA U HEINCELMAN
Print Name: A
Title: Notary Public
Serial No. (if any)
Commission Expires:
.",.,., ~ MARLA J HEINCELMAN
fln My CornrNSSlOn CC422694
* * Expor.. Nay 22.1998
Bonded by ANB
~ltaf"'" 800,852-5878
~
8
STATE OF FLORIDA)
) SS:
COUNTY OF ~KÄM~~ LAKE)
e
The foregoi ng i nstrument was ack~~wledged before me thi s ~ day of~~", June,
1995, by Robert A. Pool, the Mayor of the City of Clermont, a Florida munic1pa~~
corporation, on behalf of the corporation. He is personally known to me or [~
has produced as identification.
~~~~:~~*~ ANN S. WHITlOCK
~*(å';!*~ fIN COMMISSION II CC 212874 EXPIRES
~'ã.~. J 7 9
~~"""<f...> ',U Y . 1 96
',P'(,,:""" BONDED THRU TROY FAIN INSURANCE, lie.
Notary Stamp
.. '" ,.
'.: ~;" .,:',
"
f. "..1 'O65'cler-cl tv'omnl bus. e,t
~«.w~
Signature of Person Taking
Acknowledgment
Print Name: Ann S. Whitlock
Title: Notary Public
Serial No. (if any)
Commission Expires: 7/11910
.
.
MAGUIRE, VOORHIS & WELLS, P.A.
~d~
TWO SOUTH ORANGE PLAZA
2 SOUTH ORANGE AVENUE
WRITER'S DIRECT DIAL
ORLANDO, FLORIDA 32801
TELEPHON E (.a 07) 2.a.a 0 1100
FACSIMILE (.a07) .a23 0 8796
!407) 244-1117
MAILING ADDRESS:
P 0, BOX 633
ORLANDO, FLORIDA 32802
May 31, 1995
YLa facsimile (904) 394-1452
and Federal Express
Mr. Wayne Saunders
City Manager
City of Clermont
Post Office Box 120219
Clermont, FL 347]2-0219
Re:
Clermont Hills
Dear Wayne:
As I advised Lenny yesterday, Rex McPherson has signed the
Omnibus Amendment which was forwarded to you, Rex, and Lenny on
Friday. Please find enclosed a copy of that partially executed
document. I am delivering the original by overnight deU very such
that it will be in your office tomorrow morning.
Once you receive the original document, J would appreciate it
if you would have it executed, witnessed, and notarized on behalf
of the City, and if you would thereafter either have it properly
recorded, or return the fully executed document to me and I will
arrange for its recording.
/"/ It is my understanding that with
/'
/,/ (So Amendment, the path is clear for the City
L('54 its agreement with Lennar Homes, Inc. If
æ would appreciate your advising me at your
the execution of this
to finalize and execute
such is not the case, I
earliest convenience.
ORLANDO
MELBOURNE
TAVARES
-
TALLAHASSEE
. .
.
.
May 31, 1995
Page 2
By copy of this letter to them, I am advising Rex, Marshall,
and Lenny of the contents hereof, and am providing to each of them
a copy of the partially executed Amendment for their files.
Thank you for your continuing assistance and cooperation in
this matter. I look forward to seeing you soon.
Sincerely,
JELSjmjh
Enclosure
c: Mr. Rex V. McPherson, II (wjenclosure - via facsimile)
Mr. Marshall Ames (wjenclosure - via facsimile)
Leonard H. Baird, Jr., Esquire (wjenclosure - via
facsimile)
Jag-:. «2