Loading...
Resolution No. 2023-045RCLER' NT CITY OF CLERMONT �d RESOLUTION NO.2023-045R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE OF THE REAL PROPERTY AND IMPROVEMENTS LOCATED AT 650 WEST MONTROSE STREET IN CLERMONT, LAKE COUNTY, FLORIDA FOR FIRE ADMINISTRATION OFFICES AND ATTENDANT PUBLIC USES FROM DONALD K. & ELISABETH MC ATEER FOR $785,000.00; AUTHORIZING THE MAYOR AND CITY MANAGER TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE ON THE PROPERTY AS PROVIDED HEREIN; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the purchase of real property for the City use for the maintenance and operation of fire administrative services and attendant public facilities is in the best interests of the citizens of the City of Clermont. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Florida, as follows: SECTION 1: The City Council of the City of Clermont, Florida does hereby approve and authorizes the Mayor to enter into the Agreement attached hereto and incorporated herein as Exhibit "A" for the purchase of the real property located at 650 W. Montrose Street, Clermont, in Lake County from Donald K. and Elisabeth McAteer for $785,000.00. The City Council further authorizes the City Manager to perform all acts necessary and appropriate to close on the property, including, but not limited to, executing any and all documents at closing. SECTION 2: The City Manager is specifically authorized to withhold the formal written agreement and completion of the transaction upon determination of any matter or factor, hereafter coming to his/her attention which may indicate such action is not in the City's best interest, provided that upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City Council, in session, for review and direction. SECTION 3: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. (9 CLER' lT CITY OF CLERMONT c�fo.� RESOLUTION NO.2023-045R SECTION 4: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 5: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 6: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. 6 CLE ' NT CITY OF CLERMONT �,- Ch-ww— RESOLUTION NO.2023-045R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 1 Oth day of October 2023. ' 4L ATTE T: Tracy Ackroyd Hole, MMC City Clerk Approved as to Form and Legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, May EXHIBIT A CONDITIONAL CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY THIS CONTRACT FOR SALE AND PURCHASE (the "Contract") is made and entered by and between The CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 West Montrose Street, Clermont, Florida 34711 ("Buyer") and DONALD K. & ELISABETH MC ATEER (husband and wife), whose address is 4415 Thermal Lane, Clermont, Florida 34714 ("Seller"): WITNESSETH: WHEREAS, the Seller is the record owner of fee simple title to certain real property situate in Lake County, Florida; and WHEREAS, the Seller is desirous of selling and conveying said real property to Buyer and Buyer is desirous of purchasing the same from Seller; and WHEREAS, it is intended by the Buyer that the property acquired shall be used by Buyer for the ultimate construction and operation of a public use facility and all uses attendant thereto. NOW THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, the mutual covenants herein contained, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do covenant, stipulate and agree as follows, to wit: 1. Description of Property. The property that is to be sold and conveyed by Seller and purchased and accepted by Buyer pursuant to this Contract shall consist of the following, to wit: CLERMONT W 19 FT OF LOT 8, LOT 10, BLK 77 PB 8 PG 17 ORB 1403 PG 539 of the Public Records of Lake County Parcel No.: 24-22-25-0100-077-00800 Alt Key No.: 3474856 Street Address: 650 West Montrose Street, Clermont, Florida together with all improvements, tenements, hereditaments, rights, privileges and easements thereunto belonging, and as may be identified as part of the inspection review described in Paragraph 6 below, (hereinafter together referred to as the "Property"). 2. Agreement to Sell and Option to Purchase. Seller hereby agrees to sell and convey and Buyer hereby agrees to accept an option to purchase and accept the Property upon the terms and subject to the conditions set forth in this Contract. The option contained herein shall be subject to and contingent upon the approval of the City Council of the City of Clermont of the terms and conditions contained herein. Seller's agreement to sell shall be deemed an irrevocable offer to sell the Property to expire midnight on October 13, 2023. If the agreement is approved by the City Council of the City of Clermont and executed by the Mayor, or her designee, on or before 1W:II:l1r1 midnight on October 13, 2023, then this agreement shall be binding on the parties and the Effective Date shall be the date of execution of the Agreement by the Mayor or his designee. If this option agreement is not timely approved and executed as provided above, then the option shall terminate without consequence or obligation to either party. 3. Purchase Price and Method of Pavment. 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 SEVEN HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($785,000.00). The purchase price shall be paid by Buyer to Seller in the manner and at the times following, to wit: (a) Within Five (5) days of the Effective Date TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) shall be paid by Buyer as earnest money deposit hereunder ("Earnest Money Deposit"), and deposited in escrow to be held by the Daniel F. Mantzaris, Esquire, deBeaubien, Simmons, Knight, Mantzaris & Neal, LLP, 332 N. Magnolia Avenue, Orlando, Florida 32801, (Escrow Agent) subject to the terms and conditions hereof. (b) The deposit set forth above shall be held in a non -interest bearing account by Escrow Agent and the principal amount shall be credited to Buyer and considered as payment of part of the total purchase price for the Property at the time of and upon consummation of the closing hereunder. (c) The balance of the total purchase price after credits, adjustments and prorations, shall be paid by Buyer to Seller in United States funds by cash or by wire transfer. 4. Title. Within fifteen (15) days of the Effective Date, Seller at Seller's expense shall deliver, or cause to be delivered, to Buyer an original commitment for title insurance committing to issue an Owner's policy to Buyer as purchaser of the Property in the amount of the purchase price (the "Commitment"). The title company shall be selected by Seller. During the Inspection Period described in Paragraph 6 hereof, Buyer shall determine whether Buyer is willing to accept title to and acquire the Property from Seller. In the event that Buyer shall determine that any one or more of the title exceptions set forth in the Commitment (the "Title Exceptions") are unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by delivering written notice thereof to Seller on or before the expiration of the Inspection Period, whereupon this Contract shall terminate as provided in Paragraph 6 hereof. Upon termination, Buyer shall be entitled to immediate refund of any and all deposit payments previously made by Buyer, including accrued interest, if applicable. In the event Buyer shall not terminate this Contract as a result of the investigations and inspections to be performed by Buyer pursuant to Paragraph 6 hereof, then and in such event Buyer shall be deemed to have approved the Title Exceptions and to have agreed to accept title to and acquire the Property from Seller subject to the Title Exceptions. 5. Survey. Buyer may have the Property surveyed at its expense during the Inspection Period, including the creation of an updated legal description of the Property. If the survey obtained by Buyer discloses any encroachments or other adverse matters, of any kind, which are unacceptable to Buyer in its sole discretion, Buyer shall be entitled to terminate this Contract by EXHIBIT A delivering written notice thereof to Seller prior to the expiration of the Inspection Period, whereupon this Contract shall terminate as provided in Paragraph 7 hereof. If Buyer does not terminate the Contract in accordance herewith, the legal description determined as a part of Buyer's survey shall be used to describe the Property on all applicable documents at Closing. If the Contract is terminated, Buyer shall be entitled to immediate refund of any and all deposit payments previously made by Buyer, including accrued interest, if applicable. In the event Buyer shall not terminate this Contract during the Inspection Period, then and in such event Buyer shall be deemed to have agreed to accept title to and acquire the Property from Seller subject to any matters disclosed by the survey of the Property obtained by Buyer. 6. Investigations and Insuections of Property. (a) Buyer and its architects, engineers and other agents, at Buyer's sole expense, shall have until midnight on January 15, 2024 (hereinafter referred to as the "Inspection Period") within which to undertake such physical inspections and other investigations of and concerning the Property as may be necessary in order to evaluate the physical characteristics of the Property, as well as such other matters as shall be deemed by Buyer to be necessary in order for Buyer to evaluate the Property and determine the feasibility of Buyer's purchase of the same, including, without limitation, those matters related to the title to the Property as provided in Paragraph 4 hereof, and those matters disclosed by any survey of the Property obtained by Buyer as provided in Paragraph 5 hereof. For such purpose, Seller hereby grants to Buyer and its agents or assigns full right of entry upon the Property and any part thereof during the Inspection Period for the purpose of undertaking such inspections and investigations. It is expressly provided, however, that Buyer and any agent or assignee of Buyer who shall enter upon the Property pursuant to such right of entry shall, as a condition to the exercise thereof, be deemed to have agreed, and does hereby agree, to indemnify and save and hold Seller harmless from and against any and all loss, damage, cost, expense, liability or responsibility whatsoever (including, without limitation, reasonable attorneys' fees) which may be occasioned, directly or indirectly, by reason of the exercise of such right of entry upon the Property, and that such indemnification shall expressly survive both the termination of this Contract and the closing of the sale and purchase of the Property contemplated by this Contract. Provided, however, that nothing herein shall be construed as or deemed a waiver of any sovereign immunity Buyer may enjoy at Law. (b) Seller shall provide to Buyer, at no cost to Buyer, copies of all reports and analyses that Seller may have obtained, or been provided, at any time, regarding the subject property Buyer acknowledges, to include, but not limited to any lien or security interest to any bank, lender of finance company that may exist as to any personal property contained on the inventory described above. Buyer agrees that it will return same to Seller in the event that the transaction contemplated by this Contract does not timely close or the Contract is terminated, due to no fault of Seller. (c) Buyer's inspection and due diligence rights as contained herein, shall expire as provided above, however, Buyer shall have the right to initiate the inspection and review as set forth herein as of the date that this Contract is executed by Seller. 10M11:1Ur1 7. Unacceptability of Inspections. In the event that the results of the inspections, investigations, reviews, feasibility studies and Seller approvals to which reference is made in Paragraphs 4, 5 and 6 above are, in Buyer's sole opinion and within Buyer's sole discretion, unacceptable to Buyer for any reason whatsoever, and Buyer so notifies Seller of the fact on or before the expiration of the Inspection Period provided in Paragraph 6 hereof, then at Buyer's option and upon Buyer's request, Buyer may terminate the Contract and all payments or deposits, including accrued interest, if applicable, made by Buyer shall be immediately returned to Buyer as Buyer's sole property. If the Contract is terminated by Buyer, it shall be rendered, null and void, and be of no further force and effect and all parties hereto shall thereupon be relieved and absolved of any further liabilities or obligations whatsoever to each other hereunder, except with respect to those liabilities or obligations hereunder which are expressly stated to survive the termination of this Contract. The failure of the Buyer to notify Seller of the unacceptability of any such inspections, investigations, reviews and feasibility studies prior to the expiration of the Inspection Period shall constitute a waiver of Buyer's right to terminate this Contract. 8. Convevance of Prouerty. At Closing, Seller shall deliver to Buyer: (i) a duly executed General Warranty Deed in recordable form conveying fee simple title to the Property free and clear of all liens, encumbrances and exceptions except for matters of title accepted by Buyer set forth in the Commitment; (ii) an assignment from Seller to Buyer in a form acceptable to Buyer, assigning all of Seller's right, title and interest in all guarantees and warranties pertaining to the Property and any permits, licenses, plans, authorizations and approvals relating to the Property, (iii) a Bill of Sale or other document acceptable to Buyer, transferring any and all Personal Property as agreed to by the parties, free and clear of all liens and encumbrances; (iv) an affidavit from Seller certified to Buyer and to the title company in form required by Buyer and the title company to delete from Buyer's title insurance policy all construction liens and possession exceptions and any other exceptions the title company will delete based on Seller's affidavit; (v) a certification by Seller which indicates that Seller is not a foreign person as defined in the Internal Revenue Code; (vi) written affirmation that the representations and warranties set forth in Paragraph 13 hereof remain true at the time of closing; (vii) a duly -executed Seller's closing statement; (viii) such documents as the title company requires in order to evidence the authority and good standing of Seller to complete this transaction; and (ix) other documents reasonably required by Buyer or the title company in order to consummate the transaction contemplated herein. At Closing, Buyer shall pay to Seller the Purchase Price of the Property described above, subject to adjustments and prorations set forth herein and shall deliver to Seller: (x) a duly -executed Buyer's closing statement; and (ix) other documents reasonably required by Seller or the title company in order to consummate the transaction contemplated herein. 9. Closin9. The sale and purchase transaction contemplated in this Contract shall be closed, the purchase price paid and the aforesaid notes and closing documents delivered on or before January 31, 2024, unless this Contract has been terminated as provided herein. The closing shall be completed by a closing agent or attorney as selected by Seller and shall take place in Clermont, Lake County, Florida or by express mail and at such time as agreed to by the Parties. At Closing, the City Manager of Buyer is authorized on behalf of Buyer to execute all documents necessary to complete the transaction contemplated herein. Notwithstanding the foregoing and s a condition precedent to Closing, Buyer shall have the right to inspect the Property on the day before Closing. In the event that Buyer discovers any damage to the Property that has occurred EXHIBIT A since the expiration of the Inspection Period, the Closing shall be delayed util such time as the damages have been repaired by Seller and accepted by Buyer. 10. Closing Costs. The Seller shall pay for state documentary stamps required to be affixed to the General Warranty Deed, the premium for the owner's and title insurance policy to be issued pursuant to the Commitment, the cost of recording the General Warranty Deed and any and all other documents necessary to deliver good and clear title, and any document preparation fees. Buyer and Seller shall each bear its own attorneys' fees. 11. Possession. Possession of the Property shall be delivered by Seller to Buyer at the time of closing hereunder. Prior to closing and the delivery of possession as aforesaid, Seller shall remain the owner of the Property, shall take all reasonable steps to preserve the improvements on the Property, including but not limited to, repairing any damage caused by or related to the removal of any personal property or non -affixed items from the Property. Seller shall bear the risk of all loss of whatever nature, except as provided in Paragraph 6 hereof with respect to loss occasioned as a result of Buyer's inspections and investigations of the Property. In the event that prior to Closing all or a portion of the Property being acquired is condemned or condemnation proceedings have been instituted for any public or quasi -public use or purpose, then Buyer shall have the option to terminate this Contract, in which event the payments previously made by Buyer to Seller shall be returned to Buyer, this Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities and responsibilities hereunder except as specifically provided otherwise herein. 12. Prorations. Ad valorem real and personal property taxes for the year of closing shall be prorated as of the date of closing. If, however, the amount of such taxes for the year of closing cannot be ascertained, the rates, millages and assessed valuations for the previous year, with known changes and utilizing full discounts, shall be used as an estimate, and tax prorations based on such estimate shall be readjusted by Buyer and Seller when the actual tax bills for the year of sale are received, which obligation shall expressly survive closing for a period of twelve (12) months. 13. Representations and Warranties of Seller. Except for the representations and warranties in this Paragraph 13, Seller makes no representations or warranties to Buyer and shall convey the Property `AS IS, WHERE IS, WITH ALL FAULTS." Buyer shall, by closing on the Property, be deemed to have acknowledged that Buyer has relied solely upon its own inspections and investigations to determine the physical condition of the Property and its suitability for Buyer's purposes. Seller represents and warrants (which warranties shall survive the closing hereunder) to the Buyer that: a. From and after the date that Seller executes this Contract, Seller shall not perform or permit any act or event that might diminish, encumber or adversely and materially affect the condition of or title to the Property or Buyer's rights under this Contract. b. Seller, to the best of Seller's knowledge, has not received notice from any governmental or quasi -governmental body or agency or from any person or entity with respect to any actual or threatened taking of the Property or any portion thereof 5 EXHIBIT A for any public or quasi -public purpose by the exercise of the right of condemnation or eminent domain, nor does Seller have any knowledge of any such actual or threatened taking. Further, Seller has not received any notice of any existing or threatened lawsuit by which any party claims an interest in the Property. c. Seller, to the best of Seller's knowledge, is in full compliance with requirements of all governmental authorities with respect to the Property and this Contract. Seller has not received any notices from any city, county, state or other governmental authority or other person or entity of violations in respect of the Property. d. Buyer, to the best of Seller's knowledge, without the obligation of due investigation, has or shall have unobstructed and direct access to the Property on the date of closing to a dedicated public right-of-way. e. Seller owns fee simple title to the Property and has full power, right and authority, and is duly authorized to enter into this Contract, to perform each and all of the matters and acts herein provided, and to execute and deliver all documents provided hereunder. f. There is no tenant or any other occupant of the Property having any right or claim to possession or use of the Property. Possession of the Property shall be delivered to Buyer by Seller free of rights or claims of any tenants, occupants or parties in possession. g. To Seller's best knowledge there has not been and there is not now: (i) any presence of any Hazardous Substances (as hereinafter defined) on, over, under or around the Property; (ii) any present or past generation, recycling, use, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substances on, over, under or around the Property; (iii) any failure to comply with any applicable local, state or federal environmental laws; (iv) any spills, releases, discharges or disposal of Hazardous Substances that have occurred or are presently occurring on or onto the Property or any adjacent properties; or (v) any spills or disposal of Hazardous Substances that have occurred or are presently occurring off the Property as a result of any construction or operation and use of the Property. For purposes of this Paragraph 13, the term "Hazardous Substances" means and includes, without limitation, any toxic or hazardous substances or materials, petroleum or other pollutants and substances, whether or not naturally occurring, including, without limitation, asbestos, radon, and methane gas, generated, treated, stored or disposed of, or otherwise deposited in or located on or under the Property, and also includes, without limitation, the surface and subsurface waters of the Property, and any activity undertaken or hereafter undertaken on the Property which would cause: (i) the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. 6901 et seq., or any similar state law or local ordinance; (ii) a release or threatened release of hazardous waste from the Property within the ambit of the Comprehensive Environmental EXHIBIT A Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601-9657, or any similar state law or local ordinance or any other environmental law; (iii) the discharge of pollutants or effluent into any water source or system, or the discharge into the air of any emissions which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., or the Clean Air Act, 42 U.S.C. 7401 et seq., or any similar state law or local ordinance; or (iv) any substances or conditions in, on or under the Property which may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirement, including the presence of any underground storage tanks or underground deposits located on the Property. h. Seller, to the best of Seller's knowledge, has received no notice, and has no knowledge, of any existing or pending special assessments affecting the Property which may be assessed by any governmental authority, water or sewer authority, drainage district or any other special taxing district or other entity. i. There is no litigation, investigation or proceeding pending or to the best of Seller's knowledge threatened or any other condition which relates to or affects the Property or which would impair or otherwise adversely affect this Contract, Seller's performance hereunder and/or Buyer's intended use of the Property. j. Seller has not made and has no knowledge of any commitments to any governmental unit or agency, utility company, authority, school board, church or other religious body, or to any other organization, group or individual relating to the Property which would impose any obligations upon Buyer to make any contributions of money or land or to install or maintain any improvements, except as may be set forth in the Commitment. k. To the best of Seller's knowledge, without the obligation of due investigation, all roads abutting the Property are dedicated public roads and the deed to be delivered to Buyer at Closing hereunder is the only instrument necessary to convey to Buyer: (i) full access to and right to freely use such roads; and (ii) all rights appurtenant to the Property in such roads. To the best of Seller's knowledge, without the obligation of due investigation, the Property has not been registered or certified as "historic" by any local, state or federal governmental entity or historic commission. 1. To the best of Seller's knowledge and belief, no representation, statement or warranty by Seller contained in this Contract or in any exhibit attached hereto contains or will contain any untrue statements or omits or will omit a material fact necessary to make the statement of fact therein recited not misleading. m. To the best of Seller's knowledge, neither the execution and delivery of this Contract, nor compliance with the terms and conditions of this Contract by Seller, nor the consummation of the sale, constitutes or will constitute a violation or breach of any agreement or other instrument to which it is a party, to which it is subject or by which 7 EXHIBIT A it is bound. The statements and representations of Seller set forth in this Contract shall be true and reaffirmed in writing at the Closing and shall survive the Closing. If, after the date that Seller signs this Contract, any event occurs or condition exists of which Seller has knowledge or about which Seller receives information which renders any of the representations contained herein untrue or misleading, Seller shall promptly notify Buyer in writing and Buyer shall thereafter have the option to terminate this Contract prior to closing, in which event all payments made by Buyer to Seller shall remain the sole property of Seller, this Contract shall be deemed null and void and Buyer and Seller shall be relieved from all liabilities and responsibilities hereunder except as specifically provided otherwise herein. 14. Conditions Precedent to Closing. Buyer's obligation to close the sale and purchase transaction contemplated in this Contract shall be and is expressly conditioned upon all warranties of Seller described in Paragraph 13 being true and correct at the time of closing without any breach or breaches of the same by Seller, and upon all obligations of Seller provided in this Contract being fully performed by Seller, having occurred or being waived by Buyer in writing prior to or at closing. 15. Default. In the event that Buyer fails to close on the purchase of the subject property, and subject to the survey and inspection periods set forth in Paragraphs 5 and 6 and Paragraphs 9 and 14, any Ernest Money Deposit shall become the sole property of Seller. Seller's retention of the deposit shall constitute liquidated damages and be Seller's sole remedy for any breach of this Contract by Buyer (except to the extent that Buyer damages Seller's Property), it being agreed that (i) the deposit and any interest earned thereon is a reasonable estimate of and bears a reasonable relationship to the damages that would be suffered and costs incurred by Seller as a result of having withdrawn the Property from sale and the failure of closing to occur due to a default of Buyer under this Contract; (ii) the actual damages suffered and costs incurred by Seller as a result of such withdrawal and failure to close due to a default of Buyer under this Contract would be extremely difficult and impractical to determine; (iii) Buyer seeks to limit its liability under this Contract to the amount of the payments made, and to be made, and any interest earned thereon if this Contract is terminated and the transaction contemplated by this Contract does not close due to a default of Buyer under this Contract; and (iv) such amount shall be and constitute valid liquidated damages. If the Seller fails to perform any of the covenants of this Contract on its part to be performed, Buyer may at its option: (i) terminate this Contract whereupon the payments made by Buyer to Seller shall be returned and Seller shall be released and relieved of all obligations or liabilities under this Contract; or (ii) proceed in equity in an action for specific performance to enforce its rights under this Contract, or if specific performance is not an available remedy, then an action for damages and any other remedies available at law, or in equity. 16. Assignability. Buyer may not assign its interest herein without the prior written consent of the Seller, provided however, that such consent shall not be unreasonably withheld and Buyer and its assignee shall be liable to Seller for any and all applicable obligations under this Contract. Any assignment shall be in writing and a copy of such assignment executed by both assignor and assignee shall be delivered to Seller. 1A :111.1VW11 17. Litigation and Attornevs' Fees. In the event it shall be necessary for either party to this Contract to bring suit to enforce any provision hereof or for damages on account of any breach of this Contract or of any warranty, covenant, condition, requirement or obligation contained herein, the prevailing party in any such litigation, including 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 a reasonable attorneys' fee as fixed by the Court. 18. Survival of Provisions. The provisions of this Contract shall not survive the closing hereunder except as expressly provided elsewhere in this Contract. 19. Time of Essence. It is expressly agreed by both the Seller and Buyer that time is of the essence of this Contract 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 therefor shall be extended to the next business day. 20. Notices. 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 Sates Mail, postage prepaid, return receipt requested, or by facsimile or telecopy transmission, with acknowledgment of receipt upon transmission, to the party entitled or required to receive the same, as follows: TO SELLER: Donald K. & Elisabeth McAteer 4415 Thermal Lane Clermont, Florida 34714 TO BUYER: City of Clermont 685 West Montrose Clermont, FL 34711 Attn.: Brian Bulthuis, City Manager WITH A COPY TO: De Beaubien, Simmons, Knight, Mantzaris & Neal, LLP 332 North Magnolia Avenue Orlando, Florida 32801 Attention: Daniel F. Mantzaris, Esquire 21. Governing Law and Binding Effect. This Contract and the interpretation and enforcement of the same shall be governed by and construed in accordance with the laws of the State of 9 EXHIBIT A Florida and shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto as well as their respective heirs, personal representatives, successors and assigns. 22. Integrated Contract, Waiver and Modification. This Contract represents the complete and entire understanding and agreement between the parties hereto with regard to all matters involved in this transaction and supersedes any and all prior or contemporaneous agreements, whether written or oral. No agreements or provisions, unless incorporated herein, shall be binding on either party hereto. This Contract 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 or, in the event that such modification, amendment or waiver is for the benefit of one of the parties hereto and to the detriment of the other, then the same must be in writing signed by the party to whose detriment the modification, amendment or waiver inures. 23. Brokerage Fees. Seller and Buyer acknowledge and agree that neither have used or contracted with a broker for or related to the procurement of this Contract and therefore, no brokerage fees are due or payable. Each party agrees to indemnify, defend and hold harmless the other party hereto from any and all loss, damage, cost or expense, including reasonable attorneys' fees which the other party may sustain or incur by reason of any claim for any other real estate commission, fee or charge arising by, through or under the acts of the indemnifying party, which indemnification shall expressly survive the termination of this Agreement and the sale and purchase of the subject property contemplated by this Agreement. 24. Radon. The following notice is incorporated into this Contract pursuant to the requirements of Florida Statutes: "Radon Gas" - Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to person who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit." 25. Counterparts. This Contract 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 Contract between the parties hereto. 26. Acceptance. In the event this Contract is not signed simultaneously by Buyer and Seller, it shall be considered to be an offer by Seller to Buyer, in which event this offer shall expire at Midnight, October 13, 2023 unless a counterpart of this Contract signed by Buyer is received by Seller prior to that time and date. 27. Interpretation. Seller and Buyer acknowledge each to the other that both they and their counsel have reviewed this Contract and that the normal rule of construction to the effect that 10 EXHIBIT A any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation to this Contract or any Exhibits hereto. IN WITNESS WHEREOF, Seller and Buyer have each caused this Contract for Sale and i'urchase to be executed as of dates set forth below. BUYER:: Attest: Tracy Howe, City Clerk SELLER: The City of Clermont a Florida municipal corporation By: c irr Sri Mayor Tim Murry Date- 10 - IL)- aDa� Donald K. Mc ll Date: %O //v� 3 t.P, ),q I dAe� Elisabeth McAteer Date: [0 — / ;�- — �2 Earnest Money Deposit Received: V L0 ,(XYO -0U DeBeaubiej.., .Simmons, Knight, Mantzaris & Neal, LLP By. _ Daniel F. Mantzaris Date: ID -- 17 — �� Law Office ofAnita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, Florida 347112 352.243.2801 Facsimile 352.243.2768 anita@agclaw.net November 29, 2023 Debra Rybarczyk, Executive Office Manager City Manager's Office City of Clermont 685 W. Montrose Street Clermont, FL 34711 Re: Purchase From Donald K. McAteer and Elisabeth McAteer 650 W. Montrose Street, Clermont, FL 34711 Dear Debra: Please find attached the following closing documents from the above referenced transaction dated November 21, 2023: • Original fully signed Settlement Statement • Recorded and original Warranty Deed (this is an important original document and should be kept with other important documents you may have) • Original executed Closing Agreement • Original executed Closing Affidavit (Buyer) • Original executed Affidavit Foreign Entities (Buyer) • Original executed No Tenant Affidavit • Copy of the Closing Affidavit (Seller) Your Owner's Policy will be mailed to you within 30 days from the closing date. Thank you for allowing our office to handle your closing. If you have any questions concerning this closing or need assistance in the future, please contact our office. Sincerely, Q Donna L. Divine, Administrative Assistant to Anita Geraci-Carver, Esquire cc: Daniel F. Mantzaris, via email HUD-1 U.S. Department of Housing A. Settlement Statement and Urban Development OMB No 2502.0265 B. Type of Loan C 1. FHA C 2. FmHA C 3. Conv. Unins. 6, File Number 7. Loan Number 8. Mortg. ins. Case Num. 00640-001 O 4. VAC 5. Conv Ins, I ID: C. NOTE:This form Is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown Items marked "(p.o.c )' were paid outside the closing. they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower: 685 West Montrose Street, Clermont, Florida 34711 E, NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife Address of Seller: 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711 H. SETTLEMENT AGENT: Law Office of Anita Geracf-Carver, P.A. TIN: 20-8001856 Place of Settlement: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone 352-243-2801 I. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11/21/23 T.SGiiiifiirV-6f orrower's transaction K. Summary of seller's transaction rr rr . Gross amount due to seller: 101. Contract sales price 785.000.00 401. Contract sales price 785.000.00 1102. Personal property 402. Personal property 103. Settlement charges to borrower (Line 1400) 403. 104. 404. 1105. 405 1106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108- Assessments 408. Assessments 109. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 409. 2023 Property Taxes from 11/21/23 to 12/31123 557.081 110, 410 1111. 411. 112 412. 120. Gross amount due from borrower: 785.557.08 420. Gross amount due to seller: 785.557.081 1201, Deposit or earnest money 501. Excess deposit (see instructions) 1202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 15,323.12 1203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 1204. Principal amount of second mortgage 504. Payoff of first mortgage loan 1205. 505. Payoff of second mortgage loan 1206. 506 Deposits held by seller 1207. Principal amt of mortgage held by seller I 1507. Principal amt of mortgage held by seller 1208. I 1508. 1209. 509. Adjustments for items unpaid by seller: 210. City/town taxes Adjustments for items unpaid by seller: J510 Cityltown taxes 1211. County taxes I 1511 County taxes 1212. Assessments I 1512. Assessments 1213. I 1513, 1214. I 1514. I I 1215. I 1515, I I I216. I 1516. 1217. I 1517. 1218, I 1518. I 1219. I 1519, I 302. Less amount paid by/for the borrower 0,00 602 Less total reductions in amount due seller (15.323.12) (line 220) I (line 520) 1303. Cash ( [6 From U To ) Borrower. I 785,557.081 603 Cash( [ To ❑ From ) Seller: I 770,233.96 Substitute Form 1099 Seller Statement: The information contained in blocks E, G. H. and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you 9 this item is required to be reported and the IRS determines that it has not been reported. Seller Instructions: To determine if you have to report the sale or exchange of your main home on your tax refum, see Instructions for Schedule D (Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797. Farm 6252, and/or Schedule D for the appropriate income lax form. Borrowers In fial(st I 1 Sellers Initial(s): DoubleTime® .,. .,Nan ni vi wuauiy A. Settlement Statement .... and Urban Development OMB No. 2502-0265 B. Type of Loan O 1. FHA O 2. FmHA 0 3. Conv. Unins. 6. File Number 7. Loan Number 4. V.A. 0 5. Conv. Ins. 00640-001 8. Mortg. Ins. Case Num. ID: C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower: 685 West Montrose Street, Clermont, Florida 34711 E. NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife Address of Seller: 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711 H. SETTLEMENT AGENT: Law Office of Anita Geraci-Carver, P.A. TIN: 20-8001856 Place of Settlement: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801 I. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11/21/23 borrower'sJ. Summary of 11 Gross amountdue fromborrower: 11 . Gross amount due to seller: 101. Contract sales price 785,000.00 401. Contract sales price 785,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (Line 1400) 403. 1104. I 404. 1105. I 405. 1106. City/town taxes I 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments I 408. Assessments 109. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 409. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 1110. I 410. 1111. I 411. 112. 412. 120. Gross amount due from borrower: 785,557.08 420. Gross amount due to seller: 785,557.08 7201. Deposit or earnest money 501. Excess deposit (see instructions) 1202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 15,323.12 1203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 1204, Principal amount of second mortgage ' 504. Payoff of first mortgage loan 1205. 505. Payoff of second mortgage loan 1206. 506. Deposits held by seller 4 HUD-1 U.S. Department of Housing and Urban Development Page 2 L Settlement charges 8of' Paid from Paid from 700. Total Sales/Brokers Cam. based on price 1701 $785,000.00 @ % = Borrower's Seller's % to Funds at Funds at 1 702 % to Settlement Settlement 1703. Commission paid at settlement 704, 'r to 801. Loan origination fee % to r.ro.-'ef POC seller POC 1602. Loan discount % to I 1 1803, Appraisal fee to I 1 804. Credit report to I I 805. Lender's inspection fee to 1 1806. Mortgage insurance application fee to 1 1807. Assumption Fee to 1 1808. to 1809 to � 1 1810. to I I 811, sr to 901. Interes! from to (cD /dav 1902 Mortgage insurance premium for months to 1903, Hazard insurance premium for years to 1904. Flood insurance premium for vears to 1 905. rss Reserves deposited veats to 1001. Hazard insurance months (a per month 11002. Mortgage insurance months (� per month I I 1 11003. City property taxes months (a Der month I I 1 11004. County property taxes months (d Der month I I 1 11005. Annuaf assessments months @ per month I 1 `1006. Flood insurance 1 1D07. months a months A per month Der month I I I I 1 1 1008. months 9D Der month I 1 1009. Aggregate accounting adjustment Ir 1101. Settlement or closing fee to Law Office of Anita Geraci-Carver, P.A. Borroets 450.00 1 1202. City/county tax/stamps Deed Mortoaae(s) 1 1203, State tax/stamps Deed $5,495,00 Mortaaae(s1 I 11204. E-Recording to Lake County Clerk of CourVSimplifile 1 1205. to ss . Additional settlement charciesi Borrower PCIC Seller POC 1 1 I 5,495.00I i 4.75 13D1. Survey to 11302. Municipal Lien Search to City of ClermonUAGC I 1 76.841 1 1303. 2023 Properly Taxes to Lake County Tax Collector I 1 4,959.391 11304, Utility Balance 10 City of Clermont I 1 43.641 11305. to I I I 11306, to I 1 1 1130T to I I 11308, to I 1 1 1309. r�settlement Charges ( Enter on lines 103. Section J and 502, Section K 1 O.001 15,323.12 1 have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Cfty of lermont By \ .J --t Borrower Seller B ian huffs, Cfty Manager Donald K. McAleer Borrower 4eller Elisabeth McAteer TM H 1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused, or will cause, the funds to be disbursed In accordance with K kmenl. "ir 2-1, 2 D 3 aw f ggf1�AN Carver, P.A J htJjm,,"2-0[ As Its Authorized Representative Date WARNING. It is a crime to knowingly make false statements to the United States on this or any otter similar form. Penalties upon conviction can include a fine DoubleTime® and imprisonment For details see: Title 18 VS. Code Section 1001 and Section 1010. v.o. ucNdiLmum ul nuusing ana uroan ueveiopment Page 2 charges 700. Total Sales/Brokers Com. based on price $785,000.00 @ % = Boi rowerPOC Seller POCPaid from Paid from Borrower's Seller's 701. % to Funds at Funds at 702. % to Settlement Settlement 703. Commission paid at settlement 704. to if„ III :; �I I, I •:I II-•I,:I II I.I Borrower 801. Loan origination fee % to 1802. Loan discount % to 1803. Appraisal fee to 804. Credit report to 1805. Lender's inspection fee to I IIII! 1806. Mortgage insurance application fee to 807. Assumption Fee to ' 1808. to 809. to ' 810. to 811. to 900 Items required by lender to be paid in advance Borrowei POC Seller POC 901. Interest from to /day 902. Mortgage insurance premium for months to 903. Hazard insurance premium for years to 1904. Flood insurance premium for years to 1905. ears to 1 1000. Reserves deposited with lender� Borrower POC Seller POC 1001. Hazard insurance months (aD per month 11002. Mortgage insurance months (a) per month 11003. City property taxes months per month 1004. County property taxes months @D per month 1005. Annual assessments months (a) per month 1006. Flood insurance months (W per month I 1007. months (D per month 11008. months (aD_ per month 1009. Aggregate accounting adjustment 00 Title charqe Borrower•• Seller •• 1101. Settlement or closing fee to Law Office of Anita Geraci-Carver, P.A. 450.00 11102. Abstract or title search to Attorneys' Title Fund Services, LLC j I 275.00 11103. Title examination to 1104. Title insurance binder to 1105. Document preparation to I i 1106. Notary fees to 1107. Attorney's Fees to (includes above item numbers: 11108. Title Insurance to Old Republic Nat. Title/Anita Geraci-Carver ) 4,000.00 1 (includes above item numbers: 11109. Lender's coverage (Premium): 11110. Owner's coverage (Premium): $785,000.00 ($4,000.00) 11111. Endorse: 1 . - INSTRUMENT#: 2023143331 OR BK 6247 PG 39 PAGES: 2 11/27/2023 10:59:15 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $18.50 DEED DOC:$5495.00 Prepared by and return to: Anita Geraci-Carver Attorney at Law Law Office of Anita Geraci-Carver, P.A. 1560 Blosam Avenue Clermont, FL 34711 352-243-2801 File Number: 00640-001 Will Call No.: [Space Above This Line For Recording Datel Warranty Deed This Warranty Deed made this 21st day of November, 2023 between Donald K. McAteer and Elisabeth McAteer, husband and wife whose post office address is 4415 Thermal Lane, Clermont, FL 34714, grantor, and City of Clermont, a Florida municipal corporation whose post office address is 685 West Montrose Street, Clermont, FL 34711, grantee: (Whenever used herein the terms "grantor" and "grantee• include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigm of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOI100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida to -wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-07740S00 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2023_ In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTatre® INSTRUMENT# 2023143331 OR BOOK 6247/PAGE 40 PAGE 2 of 2 Signed, sealed and delivered in our presence: tress Name: onna . Mne Witness Address: 1560 Bloxam Avenue, Clertnont, FL, 34711 n Donald K. McAteer ®� 7AC fitness Name: Anita Geraci-Carver Elisabeth McAteer Witness Address: 1560 Bloxam Avenue, Clermont, FL, 34711 State of Florida County of Lake The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online notarization, thid—& - day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who [l are personally known or [X] have produced a drivers license as identification. if [Notary Seal] twy Puiflr 9E9fiVMH 31Iq �."l Printed Name: Donna L. Divine My Commission Expires: February 9, 2027 pONWA 1. of M Notary Pubk State of Pak% Cotrrm0 HH31l9636 t ExPUes2ArJW Warranty Deed - Page 2 DoubleTame Prepared by and return to: Anita Geraci-Carver Attorney at Law Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, FL 34711 352-243-2801 File Number: 00640-001 Will Call No.: [Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 21st day of November, 2023 between Donald K. McAteer and Elisabeth McAteer, husband and wife whose post office address is 4415 Thermal Lane, Clermont, FL 34714, grantor, and City of Clermont, a Florida municipal corporation whose post office address is 685 West Montrose Street, Clermont, FL 34711, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida to -wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2023. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. eRecorded:�-_3 DoubleTime" Signed, sealed and delivered in our presence: tress Name: Donna . ivine Witness Address: 1560 Bloxam Avenue, Clermont, FL, 34711 n 1 - A Donald K. McAteer Witness Name: Anita Geraci-Carver Elisabeth McAteer Witness Address: 1560 Bloxam Avenue, Clermont, FL, 34711 State of Florida County of Lake The foregoing instrument was acknowledged before me by means of [X] physical presence or [� online notarization, thi t— day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who L] are personally known or [X] have produced a driver's license as identification. [Notary Seal] .ZOZ/ say 6► a otary Pu 01. Mi 9996VENH o'J = eppgd I leas Printed Name: Donna L. Divine DIlgn oN 3NW0 VNN My Commission Expires: February 9, 2027 DONNA L DMN13 vNotary Public State of Florida Comm# HH349636 lls"v Expires 2/9/2027 Warranty Deed - Page 2 DoubleTime`� CLOSING AGREEMENT CLOSING DATE: November 21, 2023 BUYER: City of Clermont 685 West Montrose Street Clermont, FL 34711 dmantzaris(cbdsklawgrour).com SELLER: Donald K. and Elisabeth McAteer 4415 Thermal Lane Clermont, FL 34711 kvmac1000(d.amail.com CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, Florida 34711 Telephone: 352-243-2801 Fax: 352-243-2768 Email: anita(o)aaclaw.net PROPERTY: 650 West Montrose Street Clermont, FL 34711 See Exhibit A. CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12, 2023 1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or conditions precedent applicable to their respective obligations to close have either been satisfied or waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the transaction and to distribute all of the closing documents and the closing proceeds as set forth in the Closing Statement. 2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate taxes has been issued. The real estate taxes (and the personal property taxes, if applicable) for the current year are being paid by Seller based on the maximum discounted amount. 3. OTHER PRORATIONS AND CHARGES. Buyer and Seller acknowledge that if the Closing Statement provides for the payment or proration of any income or expenses related to the Property, including without limitation rent or other income from the Property, or utility charges and other charges related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas, electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly. Buyer and Seller herebv release and hold Closing Agent harmless as to anv such charges and as to any such adiustments that are due to one Dartv or the other to correct such charqes. 4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the "Commitment'), and hereby accepts and approves same. Buyer understands and agrees that it is taking title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing). 5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer understands and agrees that it is taking title to the Property subject to all the matters that would have shown on an accurate survey, and that an exception for such matters is contained in the Commitment delivered at closing and will appear in the Owner's Title Policy. 6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure title to the Property, or may be required in order to correct mistakes in the calculations of money due or to be credited to one party or the other. The undersigned agree to cooperate and comply by signing, initialing, executing or re -executing any and all documentation reasonably required by Closing Agent. 7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to seek independent advice and have had the opportunity to retain such independent advice as to the tax consequences of this transaction. 8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity to inspect the Property and investigate any and all matters related to the Property. The Buyer acknowledges that it is satisfied with the condition of the Property and all such matters related to the Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having received and reviewed the Municipal Lien Search Report dated October 25, 2023, issued by City of Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinq Aqent has not made anv representations with reaard to anv such matters. nor has Closing Agent assumed responsibility for the same. The parties herebv release Closina Aaent from anv responsibility or liabilitv relatina to anv of the foregoing issues. 9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains the complete and entire understanding of the parties and Closing Agent with respect to the matters addressed herein and no change or amendment shall be valid unless it is made in writing and executed by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be considered as a general waiver. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, and vice versa, unless the context requires otherwise. Buyer and Seller shall include all parties executing this Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non- public personal information is to not disclose any such information about Buyer and Seller to anyone for any purpose that is not specifically permitted or required by law or otherwise contemplated in this transaction by the parties. 11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver, P.A. pursuant to the wire transfer instructions attached hereto as Exhibit "B". 12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION (COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii) THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER INTO EACH OF THEM. 13. REPRESENTATION, BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A. DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSING/TITLE AGENT. COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together as a single original document. Seller. Donald K. McAteer V Elisabeth McAteer Dated: November, 2023 Buyer: Brian Bulthuis, City Manager City of Clermont, a Florida municipal corporation Dated: November_, 2023 11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver, P.A pursuant to the wire transfer instructions attached hereto as Exhibit "B". 12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION (COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii) THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER INTO EACH OF THEM. 13. REPRESENTATION, BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A. DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER. P.A. IS REPRESENTING THE SELLER ONLY AS CLOSING/TITLE AGENT. COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together as a single original document. Seller. Buyer: Donald K. McAteer Brian Bulthuis, City Manager City of Clermont, a Florida municipal corporation Elisabeth McAteer Dated. November_, 2023 Dated: November Wes, 2023 EXHIBIT "A" Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 Closing Affidavit (Buyer) Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: I. City of Clermont, a Florida municipal corporation ("Buyer"), is purchasing the following described property from Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), to wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. 2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect to Buyer. 3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvernents, alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property. 4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or does create a cloud on the title to the subject property. 5. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any instruments that would adversely affect the interest to be insured. 6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute p charge or lien upon said property. 7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. 8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. File Number: 00640-001 DoubleTime* City of Clermont, a Florida municipal corporation r' Bran Bulthuis, City Manager (Corporate Seal) State of Florida County of Lake The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or [_] online notarization, this 26 day of November, 2023 by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation, on behalf of the corporation. He X] is personally known to me or [_] has produced a driver's license as identification. [Notary Seal] DEBRA M.RYRARCZYK Notary Fubhc State of Flarlda Comm# HH265339 Expires 5/18/2026 -kuh,�, f <J— Notary Public Printed Name: YC(— ► ► 1 . �c,�11 Q,�(`(7_yl� My Commission Expires: 6 Closing Affidawl (Buyer) - Page 2 File Number: 00640-001 DoubleTlme® Affidavit [Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer] BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared Brian Bulthuis ("Affiant") who deposes and says under penalties of perjury that: (When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.) Affiant is the City Manager of City of Clermont, a Florida municipal corporation, which is hereinafter referred to as "Buyer." 2. Buyer is purchasing or acquiring an interest in the following described real property: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney. 4. Buyer is (Initial which is applicable): �.; Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the requirements set out in §692.202-205, F.S. OR A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the requirements set out in §692.202-205, F.S. 5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law. (Affiant) Print Name: Brian Bulthuis Official Capacity: Ci,I � (n Mn Name of Buyer: 0- r,) T Address: 685 West Mont ose St.. Clermont, FL 34711 STATE OF FLORIDA COUNTY OF LAKE Sworn to (or affirmed) and subscribed before me by means of [x] physical presence or [ ] online notarization this a0 day of November, 2023, by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation and on behalf of the corporation, who [�] is personally known or [ ] has produced as identification. I, (Y) . [Notary Seal] Notary Public 113 n - Printed Name:�y�. • `C�.f� Q,V'CL yk �EBRAAA' FiYBARC2YK My Commission Expires: Notary Public State of Florida Comm# HH265339 Expires 5/18/2026 NOTICE: FLORIDA NOW RESTRICTS THE SALE OF PROPERTY TO FOREIGN PRINCIPALS (Secs. 692.202-205, F.S.) THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND PERMANENT RESIDENT ALIENS. CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE LEGAL ADVICE. PERSONS WHO ARE OR MAY BE DEFINED AS "FOREIGN PRINCIPALS OF FOREIGN COUNTRIES OF CONCERN" SHOULD CONSULT WITH AN ATTORNEY BEFORE PURCHASING OR ACQUIRING ANY INTEREST IN REAL PROPERTY IN FLORIDA ON OR AFTER JULY 1. 2023. LAND ACOUIRED IN VIOLATION OF THIS LAW MAY BE FORFEITED TO THE STATE. Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited from purchasing or acquiring any interest in certain types of Florida real property, subject to limited exceptions: • The People's Republic of China • The Russian Federation • The Islamic Republic of Iran • The Democratic People's Republic of Korea • The Republic of Cuba • The Venezuelan regime of Nicolas Maduro • The Syrian Arab Republic • Any agency of or any other entity of significant control of such foreign country of concern BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM: (a) The government or any official of the government of a foreign country of concern; (b) A political party or member of a political party or any subdivision of a political party in a foreign country of concern; (c) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity; (d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States, or (e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d) having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or subsidiary formed for the purpose of owning real property in Florida. IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM: • From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or within 5 miles of military installation .'- • With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10 miles of a critical infrastructure facility or military installation; ' Agricultural land is defined to be that which has "agricultural classification" under F.S. 193.461. "Military Installation" means a base. camp, post, station, yard, or center encompassing at least 10 contiguous acres that is under the jurisdiction of the Department of Defense or its affiliates. Sec. 692.201(5). F.S. 3 "Critical infrastructure facility" means any of the following, if it employs measures such as fences, barriers, or guard posts that are designed to exclude unauthorized persons: (a) A chemical manufacturing facility. (b) A refinery. (c) An electrical power plant as defined in s. 403.031(20). (d) A water treatment facility or wastewater treatment plant. (e) A liquid natural gas terminal. (f) A telecommunications central switching office. (g) A gas processing plant, including a plant used in the processing. treatment. or fractionation of natural gas. (h) A seaport as listed in s. 31 1.09. (i) A spaceport territory as defined in s. 331.303(18) 0) An airport as defined in s. 333.01, NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring any interest in any real property in Florida regardless of its classification, subject to the Limited Residential Exception and Diplomatic Purposes Exception described below CERTAIN EXCEPTIONS MAY APPLY: Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still purchase one residential real property, up to 2 acres in size, if all of the following apply: (a) The parcel is not on or within 5 miles of any military installation; (b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel or official documentation confirming that the person has been granted asylum in the United States and such visa or documentation authorizes the person to be legally present in Florida; (c) The purchase is in the Buyer's name, i.e., the name of the person who holds the visa or official documentation described in paragraph (b), and (d) The Buyer is only entitled to one residential property as described above. Diplomatic Purposes Exception - The real property is for diplomatic purposes as recognized, acknowledged, or allowed by the Federal Government NO TENANT AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Donald K. and Elisabeth McAteer, husband and wife, being first duly sworn, deposes and says: 1. The property located at 650 West Montrose Street, Clermont, Lake County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein, is vacant with no tenants in possession or under lease. FURTHER AFFIANT SAYETH NOT. Dated this 21 st day of November 2023. Donal K. McAteer a " 1j, —M_v�� Elisabeth McAteer STATE OF FLORIDA COUNTY OF LAKE The foregoing instrumenj was acknowledged before me by means of [X] physical presence or [ ] online notarization thi ay of November 2023 by Donald K. McAteer and Elisabeth McAteer, husband and wife, who [ ] are personally known or [ X ] produced a valid driver's license as identification. (Notary Seal) DONNA L DIVINE Notary Public State of Florida e: Comm# HH349636 Expires 2/9/2027 EXHIBIT "A" Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 Closing Affidavit (Seller) Before me, the undersigned authority, personally appeared Donald K. McAteer and Elisabeth McAteer, husband and wife ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), is the owner of and is selling the following described property to City of Clermont, a Florida municipal corporation ("Buyer"), to wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. 2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real estate and personal property taxes for the year 2023, which are not yet due and payable. 3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4. There have been no documents recorded in the Public Records of Lake County, Florida subsequent to November 13, 2023, which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Law Office of Anita Geraci-Carver, P.A. in writing, and Seller has no knowledge of any matter affecting title to the Property. 5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property. 6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. 7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days. 11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 12. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property. 13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following: File Number: 00640-001 DoubleTime° a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. b. Seller's U.S. Taxpayer Identification Number is and c. Seller's address is: 4415 Thermal Lane, Clermont, FL 34714. d. No other persons or entities have an ownership interest in the above described property. Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. Seller hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands its context. U;o4nald nalties of er' , I d lare at ave read the foregoing Affidavit and that the facts stated in it are true. . McAteer Elisabeth McAteer State of Florida County of Lake The foregoing inst ment was sworn to and subscribed before me by means of [X] physical presence or L] online notarization, thi�day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who [J are personally known or [X] have pro uced a driver's license as identification. [Notary Seal] DONNA L. "DIVINE Notary Public State of Florida = Comm# HH349636 ip E 19�e� Expires 2/9/2027 Closing Afdavil (Seller) - Page 2 File Number: 00640-001 22 7/ Alm,' Printed Name: Donna L. Divine My Commission Expires: February 9, 2027 DoubleTime� AMERICAN LAND TITLE ASSOCIATION COMMITMENT (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Commitment Number: Revision Number: Issuing Office File Number: Issuing Agent: 1457420 None 00640-001 3773201 Property Address: Loan ID Number: Issuing Office's ALTA Registry ID: Issuing Office: 650 West Montrose Street NA None Law Office of Anita Geraci- Clermont, FL 34711 Carver, P.A. SCHEDULE A�� 1. Commitment Date: October 1Z at 11:00 PM l 2. Policy to be issued: Proposed Amount of Insurance: a. OWNER'S: 2021 ALTA® Owner's Policy with Florida Modifications $785,000.00 Proposed Insured: City of Clermont, a Florida municipal corporation The estate or interest to be insured: Fee Simple b. MORTGAGEE: Proposed Insured: The estate or interest to be insured: c. MORTGAGEE: Proposed Insured: The estate or interest to be insured: 3. The estate or interest in the Land at the Commitment Date is: (Identify each estate or interest covered, i.e., fee, leasehold, etc.) FEE SIMPLE 4. The Title is, at the Commitment D , ested in: (Identify vesting for each estate or interest identified in Item 3 above) Donald K. Mc At ad Elisabeth Mc Ateer and, as disclosed in the Public Records, has been since (Date) 12/11/19 5. The Land is described as follows: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Pace 17, Public Records of Lake County, Florida. Old Republic National Title Insurance Company 1408 Westshore Blvd, Suite 900, Tampa, Florida, 33607, (612) 371.1111 \ AUTHORIZED SIGNATORY Law Office of Anita Geraci-Carver, P.A. 3773201 Thus page is only apart of a 2021 ALTA Commument for Title Insurance issued by Old Republic National Tide Insurance Company. This Commitment is not valid wuhma the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter- signature by the Company or its issuing agent that may be in eleciranlcform. Farm C21-Schedule A— ALTA Commitment for Tine Insurance Page Iof4 Commitment Number: 2021 v. 01.00 (with Florida Modifications) 1457420 07/012021 AMERICAN LAND TITLE ASSOCIATION COMMITMENT (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Schedule B-I Issuing Office File Number: 00640-001 REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the n who will obtain an interest in the Land or who will make a loan on Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Co an} 4. Documents satisfactory to the Company that convey the Ti or,r properly authorized, executed, delivered, and recorded in a li A. Warranty Deed from Donald K. Mc Ateer nonhomestead language, to the proposed i 5. An update of the title search must be cc clearance of, or take exception for, any 6. FOR INFORMATIONAL PURPOSES years must be paid at closing and there) the tax printout is for 2023 taxes. 7. No open mortgage(s) were found mg/of any party not referred to in this Commitment Land. e Company may then make additional 'i ate the Mortgage to be insured, or both, must be Records. Mc Ateer, joined by spouse, if married, or for to the closing and the commitment must be endorsed to require defects or adverse matters found. If closing occurs on or after November 1st of this year, taxes for 2023 and prior final policy will be subject only to taxes for 2024 and subsequent years) because Agent should confirm with the owner that the property is free and clear. This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Laurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part I1—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Farm C21- 6-I - ALTA Commitment for Title Insurance 2021 v. Page 2 of 4 Commitment Number: 01.00 (with Florida Modifications) 1457420 07/012021 AMERICANLAND TITLE ASSOCIATION COMMITMENT (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Schedule B-H Issuing Office File Number: 00640-001 EXCEPTIONS FROM COVERAGE SOME HISTORICAL LAND RECORDS CONTAIN DISCRIMINATORY COVENANTS THAT ARE ILLEGAL AND UNENFORCEABLE BY LAW. THIS COMMITMENT AND THE POLICY TREAT ANY DISCRIMINATORY COVENANT IN A DOCUMENT REFERENCED IN SCHEDULE B AS IF EACH DISCRIMINATORY COVENANT IS REDACTED, REPUDIATED, REMOVED, AND NOT REPUBLISHED OR RECIRCULATED. ONLY THE REMAINING PROVISIONS OF THE DOCUMENT WILL BE EXCEPTED FROM COVERAGE. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, o o matter that appears for the fast time in the Public Records or is created, attaches, or is disclosed between the nt Date and the date on which all of the Schedule B, Part I — Requirements are met. yo2+ 2. a. General or special taxes and assessments required to be paid in the yearj7J and subsequent years. b. Rights or claims of parties in possession not recorded in the Public Records. c. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. d. Easements or claims of easements not recorded in the Public Records. e. Any lien r ig a lien, for services, labor or material furnished, imposed by law and not recorded in the Public 3. Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right ofsovereignty to arty portion of the Land insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 4. Any lien provided by County Ordiance or by Chapter 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges fors water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. 5. Rights of the lessees undTk4t5MJeases. 6. All matters contained on the Plat of CITY OF CLERMONT, as recorded in Plat Book 8, Page 17 Public Records of Lake County, Florida. 7. Agreement recorded in O.R. Book 1103. Paee 1895, Public Records of Lake County, Florida. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 11—Requirements; and Schedule A Part 11—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form, Form C21—&n- ALTA Commitment for Title Insurance Page 3 of Commitment Number: 2021 v. 01.00 (with Florida Modifications) 1457420 07/01/2021 AMERICAN LAND TITLE ASSOCIATION COMMITMENT (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Schedule B-II This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Condrtions; Schedule A; Schedule B. Part 11—Requirements; and Schedule B, Part 11—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic farm. Form C21—&11— ALTA Commitment for Tide Insurance Page 4 of Commitment Number: 2021 v. 01.00 (with Florida Modifications) 1457420 07/01/2021 ,,,s A. Settlement Statement V and Urban Development OMB No. 2502-0265 B. Type of Loan Q 1. FHA Q 2. FmHA Q 3. Cony. Unlns. I 8. FIIs Number 7. Loan Number I B. Mang. Ins. Case Num. f/III OOfi40.001 Q 4. V.A. Q 5. Con¢ Ins. ID: C. NOTE:This form is furnished to give you a statement o ital settlement costs. Imatents paid to and by the settlement agent are shown. Items marked ' p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not Included in the totals. , D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower. 685 West Montrose Street, Clermont, Florida 34711 E. NAME OF SELLER: Donald K McAlear and Elisabeth McAteer, husband and write Address of Seller: 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: 650 W Montrose Street, Cler font, Florida 34711 H. SETTLEMENT AGENT: Law Office of Anita Gerais -Carver, P.A. TIN: 208001856 Place of Settlement: 1560 Roxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801 I. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11/21/23 1101. Contract sales price 102. Personal property 1 W3. Settlement charges to borower (Line 14001 1104, 1105. 1106. City/town taxes 107. County taxes 108. Assessments 1109. 2023 Property Taxes tram 11121123 to 12731123 �710. 111. 112. 1120.G ,.� �,�rF.Iual4�au�Ydel1GW511 1201. Deposit or earnest money 1202 Principal amount of new loan(s) 1203. Existing loan(s) taken subject to 1204. Principal amount of second mortgage 205. 206. 1207. Principal ant of mortgage held by seller 1208. Contract sales price Personal property 406. City/town taxes 407. County taxes I 408. Assessments 557.08 409. 2023 Property Taxes from 111211231012131/23 557.061 410. 411. 412. 785,557.08 420. Gross amount due to Seller: 785,557.06 501. Excess deposit (see instructions) 502. Settlement charges to seller pine 1400) 15,323.121 503. Existing loan(s) taken subject to 504, Payoff of fast mortgage ban 1 505. Payoff of second mortgage loan 506. Deposits held by seller I 507. Principal and of mortgage held by seller 1 508. - -- -- - - -I 210. City/town taxes 510. City/bwntare s 11 211. County taxes 511. County taxes 1212 Assessments 512.Assessments 1213 513. ) 1 1214. 514. 1215. 515. _ -- - 1216. 516. i 1217. 517. 1 1218. 518. 1219. 519, 1220. Total paid by/for borrower: 0,00 620. Total reductions in amount due seller: 15,323.12 I301. Gross amount due from borrower 785,557.aa 601. Gross amount due to seller 785,557.08 (line 120) (line 420) �302. Less amount paid by/for the borrower 0.00 602. Less total reductions in amount due seller (15,323.i l l (line 220) (line 520) 1303. Cash ( Q From ❑ To ) Borrower. 786,557,08 603. Cash ( ❑.' To ❑ From ) Seller: 770.233.961 Substitute Form 1099 Seller Statement The information contained in blacks E. G, H, and I and on line 401 Is important lax information and is being 1 furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that It has not been reported. Seller Instrucgons: To determine if you have to report the sale or exchange of your main home on your tax return, see Instrectians for Schedule D (Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797, Forth 6252, andlor Schedule D for the appmVem income tax tone. Borrowers Initial(s): Sellers Initial(s)' �� DoubleTime® • Paid from Paid from 700. Total Sales/Brokers Com. based on price $785,000 00 % = Borrowers Setters 1701. % to Funds at Funds at 1702. %to I Settlement Settlement 1703. Commission paid at settlement 1801, Loan origination tee %to 802 Loan discount %to 803 Appraisal fee to I804. Credit report to I805. Lenders inspection fee to 1806. Mortgage Ine Do application fee to 180T Assumpi on Fee to 1806. to I we. to 1810. to 901. Interest from to 902. Mortgage insurance premium for months to 903. Hazard insurance premlu^ for years to 1904. Flood insurance premium Sor veam to 11001, Hazard insurance I1002. Mortgage insurance 1003. City propeM taxes 1004. County property taxes 11005. Annual assessments 1 D0S. Flood insurance 11007. 1 low. 11009. Aq �rre ate accounting adjustment IkG6� Lesi 11101. Settlement or closing fee 1 IID2. Abstract or title search 11103. Title examination 11104. Title insurance binder I1105. cum�(nt preparation 11106. Notary fees 11107. Attorney's Fees I (includes above item numbers: a /day months 0 months IM months 91? months 0 months EE months go mordhs 0 months 0) to Law Office of Anita Geraci-Carver, P.A. to Atlomeys' Title Fund Services, LLC to to to to to 11108. Title Insurance to Old Republic Nat. T le/AnBa Gem l-Carver I (includes above item numbers: 11109. Lenders coverage (Premium): I1110. Owners coverage (Premium): $785.000.00 ($4,000.00) 11111. Endorse. 11112 to 11113. to Per month Per month Per month Per month Per month Per month PermonM Per month ia1laWLl %uw 6aa %emu 450.001 276,00I 1 1 I 1201, Recording fees Dead $18.50 Monaane(s) Releases 1202. City/county tax/stamps Deed Mogaage(s) 11203. Stale to u'stamps Deed $5.49500 Monaaae(s) 11204. E-Recording to Lake County Clerk of Court/SimplNle I1301. Survey I1302. Municipal Lien Search 11303. 2023 Property Taxes 11304. Utility Balance 113D5. 11306. 11307. 11308. to to City of Clennont/AGC to Lake County Tax Collector to City of Clermont to to to to 76.84� 4,959.39 43.641 ( Enter on lines 103. Section J and 502. Section K 1 - Insvewrerellyreviewed the HUD-1 SeWement Slatereent and Mthe heat of mykne.ledge and belief, It Is apJ�oGGe. amaccurate statement or all receipts a disbursements ads on re,By account or by me in this "reaction.(antler ceNy Nat I M1ave received a copy of the HUD-1 Saldemen7imen / /�/( CRY of ClermontUU K// Bv: .Borrower n .Seller Brian Bulthuts, City Manager D old M -tpee� Borrower e(�%.s.a{y_�`� I, •�� Seller lisabeth McAleer The HUD-1 Settlement Surcreent which 1 have prepares! Is a twe and accurate aunt of Nis trensacdon. I have caused or will cause, the foods to he dlsbumed in accordance with Me statement. Law Office of Anita Geract-Carver, P.A. Bv__ As Its Aumonzed Representative Dale WARNING: It is a crime to knowingly make false statements to the UnlledSlates on this or any other similar form Penalties upon conviction can iwiude a fine Double-fime® and Imprisonment- For details see: This 18 U.S. Cade Section 10131 and Section 1010. Prepared by and return to: Anita Geraci-Carver Attorney at Law Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, FL 34711 352-243-2801 File Number: 00640-001 Will Call No.: rSpace Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 21st day of November, 2023 between Donald K. McAteer and Elisabeth McAteer, husband and wife whose post office address is 4415 Thermal Lane, Clermont, FL 34714, grantor, and City of Clermont, a Florida municipal corporation whose post office address is 685 West Montrose Street, Clermont, FL 34711, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida to -wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2023. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written DoubleTime° Signed, sealed and delivered in our presence: fiess Name: Donna ivine Witness Address: 1560 Bloxam Avenue, Clermont, FL, 34711 Witness Name: Anita Geraci-Carver Witness Address: 1560 Bloxam Avenue, Clermont, FL, 34711 State of Florida County of Lake � ad P, Donald K. McAteer Elisabeth McAteer The foregoing instrument was acknowledged before me by means of [X] physical presence or L ] online notarization, thi� day of November, 2023 by Donald K. McAteer and Elisabeth McAteer, who [] are personally known or [X] have produced a driver's license as identification. [Notary Seal] LZOZ/6 saj �bt a 40tat Pubic 9E96TrtHH o7 y epliWiJ WIS Printed Name: Donna L. Divine 3II9n ON aNWO YNN My Commission Expires: February 9, 2027 VoNv* DONNA L DMNH Notary Public State of Florlda Comm#HH349696 Expires 2/9/2027 Warranty Deed - Page 2 DoubleTime° NO TENANT AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Donald K. and Elisabeth McAteer, husband and wife, being first duly swom, deposes and says: 1. The property located at 650 West Montrose Street, Clermont, Lake County, Florida, as more particularly described in Exhibit A attached hereto and incorporated herein, is vacant with no tenants in possession or under lease. FURTHER AFFIANT SAYETH NOT. Dated this 21 st day of November 2023. Donal K. McAteer Elisabeth McAteer STATE OF FLORIDA COUNTY OF LAKE The foregoing instrumenj w s acknowledged before me by means of [X] physical presence or [ online notarization thiay of November 2023 by Donald K. McAteer and Elisabeth McAteer, husband and wife, who [ ] are personally known or [ X ] produced a valid driver's license as identification. (Notary Seal) y DONNA LDIVINE Notary Public State of Florida = Comm# HH349636 Explres 2/9/2027 • ii EXHIBIT "A" Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 Closing Affidavit (Seller) Before me, the undersigned authority, personally appeared Donald K. McAteer and Elisabeth McAteer, husband and wife ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), is the owner of and is selling the following described property to City of Clermont, a Florida municipal corporation ("Buyer"), to wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. 2. The above described property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for real estate and personal property taxes for the year 2023, which are not yet due and payable. 3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic's, materialmen's, or laborer's liens since acquisition by Seller against the above described property. 4. There have been no documents recorded in the Public Records of Lake County, Florida subsequent to November 13, 2023, which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Law Office of Anita Geraci-Carver, P.A. in writing, and Seller has no knowledge of any matter affecting title to the Property. 5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property. 6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand. 7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any instruments that would adversely affect the interest to be insured. 8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed nor questioned. 9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property has been in compliance with the applicable building codes, ordinances and statutes. 10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days. 11, There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 12. There are no unrecorded easements, claims of easement or rights -of -way affecting all or any portion of the property. 13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following: File Number: 00640-001 DoubleTimg® a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation. b. Seller's U.S. Taxpayer Identification Number is c. Seller's address is: 4415 Thermal Lane, Clermont, FL 34714. d. No other persons or entities have an ownership interest in the above described property. Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct. 14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. Seller hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Seller further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands its context. Un r enaltiess o/f/ eer'/y� I d l(azre(pp��/at�(r��avve read the foregoing Affidavit and that the facts stated in it are true. �rA /�- rl iVf l�.O�G� Y[�ICI,LCQP.�I bonald K. McAteer Elisabeth McAteer State of Florida County of Lake The foregoing instmilient was swom to and subscribed notarization, thiday of November, 2023 by Donald K. or [X] have produced a driver's license as identification. tarry Pu li [Notary Seal] *DONNA L. DIVINE Notary Public 191'eExpires State of Florida Comm# HH349636 2/9/2027 before me by means of [X] physical presence or [ ] online McAteer and Elisabeth McAteer, who [J are personally known Printed Name: Donna L. Divine My Commission Expires: February 9, 2027 Closing Affidavit (Seller) - Page 2 File Number: 00640-001 DoublelrimO CLOSING AGREEMENT CLOSING DATE: November 21, 2023 BUYER: City of Clermont 685 West Montrose Street Clermont, FL 34711 dmantzaris(d)dsklawarouo. com SELLER: Donald K. and Elisabeth McAteer 4415 Thermal Lane Clermont, FL 34711 kv mac 1000 (o.a ma i I, co m CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, Florida 34711 Telephone: 352-243-2801 Fax: 352-243-2768 Email: anita(c aaclaw.net PROPERTY: 650 West Montrose Street Clermont, FL 34711 See Exhibit A. CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12, 2023 1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or conditions precedent applicable to their respective obligations to close have either been satisfied or waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the transaction and to distribute all of the closing documents and the closing proceeds as set forth in the Closing Statement. 2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate taxes has been issued. The real estate taxes (and the personal property taxes, if applicable) for the current year are being paid by Seller based on the maximum discounted amount. 3. OTHER PRORATIONS AND CHARGES. Buyer and Seller acknowledge that if the Closing Statement provides for the payment or proration of any income or expenses related to the Property, including without limitation rent or other income from the Property, or utility charges and other charges related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas, electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly. Buver and Seller herebv release and hold Closing Aaent harmless as to anv such charges and as to anv such adiustments that are due to one Dartv or the other to correct such charges. 4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the "Commitmenf'), and hereby accepts and approves same. Buyer understands and agrees that it is taking title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing). 5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer understands and agrees that it is taking title to the Property subject to all the matters that would have shown on an accurate survey, and that an exception for such matters is contained in the Commitment delivered at closing and will appear in the Owner's Title Policy. 6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure title to the Property, or may be required in order to correct mistakes in the calculations of money due or to be credited to one party or the other. The undersigned agree to cooperate and comply by signing, initialing, executing or re -executing any and all documentation reasonably required by Closing Agent. 7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to seek independent advice and have had the opportunity to retain such independent advice as to the tax consequences of this transaction. 8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity to inspect the Property and investigate any and all matters related to the Property. The Buyer acknowledges that it is satisfied with the condition of the Property and all such matters related to the Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having received and reviewed the Municipal Lien Search Report dated October 25. 2023, issued by City of Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinq Aqent has not made anv representations with regard to anv such matters. nor has Closing Agent assumed resoonsibility for the same. The Darties herebv release Closing_ Agent from anv resoonsibility or liabilitv relating to anv of the foregoing issues. 9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains the complete and entire understanding of the parties and Closing Agent with respect to the matters addressed herein and no change or amendment shall be valid unless it is made in writing and executed by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be considered as a general waiver. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, and vice versa, unless the context requires otherwise. Buyer and Seller shall include all parties executing this Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non- public personal information is to not disclose any such information about Buyer and Seller to anyone for any purpose that is not specifically permitted or required by law or otherwise contemplated in this transaction by the parties. 11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver, P.A. pursuant to the wire transfer instructions attached hereto as Exhibit 'B'. 12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION (COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (III) THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER INTO EACH OF THEM. 13. REPRESENTATION. BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A. DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSING/TITLE AGENT. COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together as a single original document. Seller. Donald K. Mc t er I Elisabeth McAteer Dated: November, 2023 Buyer.., Brian Bulthuis, City Manager City of Clermont, a Florida municipal corporation Dated: November_, 2023 EXHIBIT "A" Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 HUD-1 U.S. Depertrnerit of Housing A. Settlement Slaternent and Urban Development OMB No. 25D2-0265 B. Type of Loan Q 1. FHA p 2. FmHA p 3. Corry. Unins. G. File Number 7. Loan Number 8. Mortg. Im. Case Num. Q 4. VA. 0 5. Conv. Ins. � 00640.001 �ID: C. NOTE:This farm Is fumshed to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" mere paid outside the dosing; they are shown here for informational purposes and are not Included In the totals. D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower. 685 West Montrose Street, Clermont, Florida 34711 E. NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife Address of Salter. 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711 H. SETTLEMENT AGENT: LowOfOce ofAnfts Gemcl-Carver, P.A. TIN: 20.8W1856 Place of Settlement 1660 Bloxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801 1. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE 1121123 rw f 01. Contract Saks price 785,000.00 401. Contred sales price 785.000.()0 102. Personal property 402. Fanonal property 103. Settlement charges to borrower (Line 1400) 003. 1104. 404. 1 D5. 405. for items in Ldiustrftsitsfor iti�ms paid byrolk-f irp advance; 106. Citynown taxes Adjustments naid bv seller advan:o: 406. CflyAown taxes 1107. County taxes 407 _ County taxes 1103. Assessments 408. Assessments 1109. 2023 Property Taxes from 112123 to 1213123 557.05 409. 2023 Property Taxes from 112123 to 1273123 557.08 [110. 410. ill. 411. 112. 412. 1120, Gross amount due from borrower. 785.557.08 420, Gross amount due to sailer: 786,557.08 201. Deposit or earnest money 501. Excess deposit (see Instructions) 202. Principal amount of new losr.{s) 502. Setlement charges to seller pine 1d00Y 15,323.12 203. Existng loan(s) taken sub)ed to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal emt of mortgage held by seller 208. 508. 209. 50 B FQF by AdjuslTneoLs for iterns. unpaid by seller: 210. Cdvrtorm taxes Adjustments 110111% Unpaid seller: 510 Citylown laxes ] 211. County taxes 511. County taxes 212. Assessments 512. Assessments 1213. 513. 1214. 514. 1215. 515. 1216. 516. 217. 517_ 1 218. 518, 1219. 519. 1220. Total cold bvftor borrower. 0.00 620. Total reductions in amount due seller: 15,323.12 I taros -I I302. Less amount paid by/for the borrower (line 220) 1303. Cash ( Q From ❑ To ) Borrower. 0.00 602. Less total reductions in amount due seller pine 520) 786,557.08 603. Cash ( p To ❑ From ) Seller. (15.323.12) 770,233.96 Substitute Form 1099 Seller Statement: The Information contained In blocks E. G, H. and I and on line 401 Is Important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you Nthis item is required to be reported and the IRS determines that it has not been reported. Seller Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D (Forth 1040 or 1040-SR). If not your main home, report the transaction on Forth 4797. Form 6252, and/or Schedule D for the appropriate Income tax forth. Borrower's Iwr� Seller's Initials : I DoubleTame® HUD-1 U.S. Department of Housing and Urban Development Pape 2 Pald from Paid from 7D0 Total SaleaJBrokers Com. based on Pnce $785,000.00 @ %. Borrower's Seller's 1701 to Funds at Funds t 1702. % to Settlementteme Settrd 1 1703. Commission paid at settlement 1704. to IV!. Loan origination fee %to 1602. Loan discount % to 1803. Apple" fee to 804. Credit report to 805. Lenders inspection fee to 1805. Mortgage Insurance applicatlon fee to I807. Assumption Fee to am. to I f 809. to J 1810. to jail. to 901. 1n10FOSt ffOm to /day 1902. Wig asc Insurance premium for months to I 903. Hazard insurance Cesium for rears to 904. Flood Insurance premium for years to W0-. ueara to 1Col. Hazard Insurance months a oer month 1002. Mortgage Insurance months im oar month 1003. City property taxes months 0 oer month 1004. County property taxes months a per month 1 D05. Annual assessments months 0 per month 1006. Flood Insurance months 0 per month 1007. months 6 her month 1008. months im per month 1009. Aggregate accounting a4ustment 1101. Settlement or dosing fee to Law Office of Anita Gerad-Carver, P.A. 450.00 1102. Abstract or tt search to Attomeys' Title Fund Services, LLC 275.00 1103. Title examination to 1104. Title insurance binder to 1105. Document prapaiation to 1106. Notary fees to 1107. Atomey's Fees to (Includes above tom numbers: I 1108. Title Insurance to Old Republic Nat. TdWAnks Gerad-Carver 4.000.00 (includes above Rem numbers: ) 1109. Lenders coverai : iPremium : 1110. Owner's cove«�;� 'Premium): $785.000.00 ($4,000.00) 1111. Endorse: i [1112. to 1113. to is -i.Recording fees Deed $18.50 Monganefsl Releases 18.Wtl ' 702. City/county, tax/stamps Deed Maipace(s) 1203. State tax/stamps Deed $5,495.00 Monrtaaeis) 5.495.00 1204. ERecording to Lake County Clerk of CouNSimpliffik 4.75 1zd5- to 1301. Survey to 113n2. Municipal Lien Search to City of Clemrori 76.84 13012023 Property Taxes to Lake County Tax Collector 4,959.39 11304. UliGty Balance to City of Clermont 43.64 11305. to 11306. to 11307. to 11308. to 1309. ( Enter on fries 103. Section J and 502. Section K) _ 0.00 15,323.12 1 have carefully revlerwed the HUD-1 Settlement Stalernerl and to the best of my knowledge and belief. it Is a true and accurs stalerrherht of all pta and dhsWraenwms made on my account or by me In this transaction. I further certify OW I have received a copy of the HUD-1 Setoemem Statement Coy of.0lennont By: Borrower Salter BrienIhAlhuis, City Manager Donald K McAteer Borrower Elisabeth McAteer ceder The HUD-1 Setllemanl Statemerd which I have prepared is a true and accurate account of this uansacson. I have caused. or wdl cause, the funds to be Asbursed in aaardenea with this staterneni. Law Office of Anita Geraci-Carver, PA By: As its Authorized Representative Data WARNING: It Is a crime to knowingly make false statements to the Linked States on the or any other simdar form. Penalties upon canWcdon can include a one DoubleTime® and Imprisonment For details am; Tide 18 U.S. Code Section 1001 and Section 1010. HUD-1 U.S. Department of Housing A. Settlement Statement and Urban Development OMB No. 25D2-0285 B. Type of Loan O 1. FHA O 2. FmHA O 3. Conv. Unins. I 6. File Number ! 7. Loan Number Q 4, VA. O 5. Coriv. Ins. 00640 001 ID: 8, Mortg. Ins. Case Num, C. NOTE:ThIs form is furnished to give you a statement of actual settlement coats. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not induded in the totals. D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower: 685 West Montrose Street, Clermont, Florida 34711 E. NAME OF SELLER: Donald K. McAlear and Elisabeth McAteer, husband and wife Address of Seller. 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lander. G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711 H. SETTLEMENT AGENT. Law Office of Anka Gereci-Carver, P.A. TIN: 2043001856 Place of SettemenH: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone:352-243-2801 1. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11121/23 101. Contract sales price 785,000.D0 90 1. Contract sales price 785,000.00 102. Personal property 402, Personal property f 103. Settlement charges to borrower (Line 1400) 403. 104_ 404, lies. 406. Adjustments for ilenz Paid liv seller in advince: 105. C.4yltawn taxes AdlL1StVffl?nt' for items onid bV seller in advanco! 406. Cityltown taxes 1107. County taxes 407. County faxes 108. Assessments 408. Assessments 109, 2023 Property Takes from 11/21/23 to 12/31/23 557.08 409. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower. 785,557.08 420. Gross amount due to seller rr Redtictions 785.557.06 r 201. Deposit or eamest money . in amount due to seller: 501. Excess deposit (see Instructions) 202. Principal amount of new loan(s) 502. Settlement charges to sager (fine 1400) 15.323.12 203. Fxlatng loans) taken subject to 503. Existing loan(s) Wren subject to 2D4. Pdndpal amount of second mortgage 504. Payoff of first mortgage loan i 205. 565. Payoff of second mortgage loan 1206. 506. Deposits held by seller 1207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 1208. 503. 1209. 509. 1 210. Cityrtuwn teams 510 Cdynown lases 211. County taxes 511. County taxes 1212. Assessments 512. Assessments [ 213. 513. 1214. 514. 1215. 515. 1216. 516. 217. 517. 1218. 518. 1219. 519. 220. Total paid by/for borrower. 0.00 620. Tobrl reductions In amount due seller: 15,323.12 301. Grose amount due from borrower 785.557.06 601. Gross amount due to seller 785,557.08 (line 120) (fine 420) 302. Less amount paid byRor the borrower 0.00 6W. Less total reductions in amount due War (15,323.12) (fine 220) (line 620) 303. Cash ( Q✓ From ❑ To ) Borrower: 785.557.08 BD3. Cash ( E) To ❑ From ) Sefler. 770,233.96 Substitute Form 1D99 Seller Statement: The information contained in blocks E, G, H. and I and on One 401 Is important tax information and Is being fumishod to the IRS. If you are required to file a return, a negligence penalty or other sanction will be Imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Seiler Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D (Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797, Form 6252, and/or Schedule D for the appropriate income lax forth. Borrower's i• ua `:,i: Sellers Inklal s.: DoubleTimeO HUD-1 U.S. Department of Hooting and Urban Development Page 2 Paid from Paid from 700. Total Salet lBmkem Cam based on price $785.000.00 %= Borrower's Seller's 701. % to Funds at Funds at 702. % to Seftmerd Settlement 1703. Commission pald at seHlament 704. to 601. Loan origination fee %to j 802. Loan discount %to 803. Appraisal fee to 1804. Credit report to 1805. Lenders inspection fee to 1806. Mortgage Insurance application fee to 1 807. Assumption Fee to 808. to 1809. to 1810. to 1811. 11 s to e 901 Interest from to a /dav 902. Mortgage insurance premium for months to 903. Hazard insurance Premium for veans to 904. Flood Insurance premium for Years to 905. ar6 ie 1001. Hazard insurance months A per month 1002. Mortgage Insurance months tat oer month 1003. City property taxes months & Fen month 1004. County property taxes months 4P per month j 1005. Annual assessments months 0 pea month 1006. Flood insurance months 0 per month 11007. months 0 Per month 11008. manlhalf3 par month 11009. Aggregate accounting ad)ustment 11101. Settlement or closing fee to Law Office of Anita Geraci-Carver. PA. 450.001 1132. Abstractor We search to Attorneys' Title Fund Services, LLC 275.0DI 11103. Title examination to I 1104. Tale insurance binder to I 1 11G5. Document preparation to 1106. Notary fees to 1107. Attorneys Fees to (includes above item numbers: 1108. Tale Insurance to Old Republic Nat. Title/Anita Geraci-Carver 4.000.00 (includes above item numbers: 1 f 1109. Lenders cove - is Premium): 1110. Owners eDwa::a (Premium;: $785,000.00 (to4,000.00) 1 1111 _ Endorse: 11112. to 1113, to 1201. Recording fees Dead $18.50 Mortcaaefsl Releases 18.50 1202. City/county tax/stamps Deed MotvaneiM 1 1203. State lax/stamps Deed $5,495.00 Monuage(s) 5.495.001 1204. E-Recording to Lake County Clerk of CourUSimplif a 4.751 11205 to 1 1301. Survey to 1302. Municipal Lien Search to City of Clemionl/AGC 76.84 1303. 2023 Property Taxes to Lake County Tax Collector 4,959.39 1304. Utility Balance to City of Clermont 43.64 1305. to 1306. to f 1307. to 1308. to 1309. S Ehtor fin tlnas 103- Section J end 502 Section K 0.00 15.323.12, JpLs 1 have carefully reviewed the HUD-1 Sealemenl Statement and to the best of my knowledge and belief, it Is a true and aoeurala statement of al and diabursements made on my aocount or by me in ttis transaction. I further sentry That I }taus received a copy of Me HUD-1 Settlement Statement Cif rverr/ont .r By- Borrower Seller Brian 114fihuis, City Manager Donald K. McAteer BonOwer Elisabeth McAleer Qeller The HUD-1 SeteemeM Statement which I have prepared Is a In* and aceurahr account of this transaction. 1 have caused, or v0d cause. the hands to be disbursed in accordance with this statement Low Office ofAnta Gerad-Carver, PA. By: As Its Authorized Representative Date WARNING: It Is a trine b knovMngy make false statements to Me Untied Stales on this or any other similar form. Penalties upon corw son an inckrde arise DoubleTime® and knpdsaxnead For detalb nee: Tide 13 U.S. Code Seclion 1001 and Sec4on 1010. CLOSING AGREEMENT CLOSING DATE: November21, 2023 BUYER: City of Clermont 685 West Montrose Street Clermont, FL 34711 dmantzaris.�'dsklawgrcua.com SELLER: Donald K. and Elisabeth McAteer 4415 Thermal Lane Clermont, FL 34711 kvmac1000(@gmail.com CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, Florida 34711 Telephone: 352-243-2801 Fax: 352-243-2768 Email: anita(a.agclaw.net PROPERTY: 650 West Montrose Street Clermont, FL 34711 See Exhibit A. CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12, 2023 1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or conditions precedent applicable to their respective obligations to close have either been satisfied or waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the transaction and to distribute all of the closing documents and the closing proceeds as set forth in the Closing Statement. 2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate taxes has been issued, The real estate taxes (and the personal property taxes, if applicable) for the current year are being paid by Seller based on the maximum discounted amount. 3. OTHER PRORATIONS AND CHARGES. Buyer .and Seller acknowledge that if the Closing Statement provides for the payment or proration of any income or expenses related to the Property, including without limitation rent or other income from the Property, or utility charges and other charges related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas, electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly. Buver and Seller herebv release and hold Closinc A.,ent harmless as to anv such char:ies and as to any such adiustments that are due to one party or the other to correct such charges. 4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the "Commitment"), and hereby accepts and approves same. Buyer understands and agrees that it is taking title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing). 5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer understands and agrees that it is taking title to the Property subject to all the matters that would have shown on an accurate survey, and That an exuepiiun rur such matters is contained in the Commitment delivered at closing and will appear in the Owner's Title Policy. 6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure title to the Property, or may be required in order to correct mistakes in the calculations of money due or to be credited to one party or the other. The undersigned agree to cooperate and comply by signing, initialing, executing or re -executing any and all documentation reasonably required by Closing Agent. 7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to seek independent advice and have had the opportunity to retain such independent advice as to the tax consequences of this transaction. 8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity to inspect the Property and investigate any and all matters related to the Property. The Buyer acknowledges that it is satisfied with the condition of the Property and all such matters related to the Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having received and reviewed the Municipal Lien Search Report dated October 25, 2023, issued by City of Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinc Agent has not made am representations with recard to anv such matters. nor has Closino Agent assumed. responsibility for the same. The carties hereby release Closino Agent from anv responsibility or liabili-,v relating to any of the fore:ioina issues. 9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains the complete and entire understanding of the parties and Closing Agent with respect to the matters addressed herein and no change or amendment shall be valid unless it is made in writing and executed by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be considered as a general waiver. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, and vice versa, unless the context requires otherwise. Buyer and Seller shall include all parties executing this Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non- public personal information is to not disclose any such information about Buyer and Seller to anyone for any purpose that is not specifically permitted or required by law or otherwise contemplated in this transaction by the parties. 11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver, P.A. pursuant to the wire transfer instructions attached hereto as Exhibit "B". 12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION (COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii) THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER INTO EACH OF THEM. 13. REPRESENTATION. BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A. DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSINGITITLE AGENT. COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together as a single original document. Seller Buyer. Donald K. McAteer Brian Bulthuis, City Manager City of Clermont, a Florida municipal corporation Elisabeth McAteer Dated: November_, 2023 Dated: November off! 2023 EXHIBIT "A" Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 EXHIBIT "B" WIRE INSTRUCTIONS for LAW OFFICE OF ANITA GERACI-CARVER. P.A. TRUST ACCOUNT UNITED SOUTHERN BANK 750 N. Central Avenue Umatilla, FL 32784 Routing #: 063105285 Customer's Name: Law Office of Anita Geraci-Carver, P.A. Customer Address: 1560 Bloxam Avenue, Clermont, FL 34711 Account Number: 0256021 — Please call office (352-243-2801) to verbally confirm account number prior to initiating wire. • Before wiring any funds, personally call Law Office of Anita Geraci-Carver, P.A. to verify the authenticity and accuracy of wire transfer instructions sent to you. • Do not call a phone number contained in wire transfer instructions. VERIFY ALL WIRE TRANSFER INSTRUCTIONS SENT TO YOU BY CALLING LAW OFFICE OF ANITA GERACI-CARVER, P.A. USING PREVIOUSLY KNOWN CONTACT INFORMATION. Closing Affidavit (Buyer) Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. City of Clermont, a Florida municipal corporation ("Buyer"), is purchasing the following described property from Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), to wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. 2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect to Buyer. 3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements, alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property. 4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or does create a cloud on the title to the subject property. S. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any instruments that would adversely affect the interest to be insured. 6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute g charge or lien upon said property. 7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. 8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. File Number: 00640-001 DoubleTime® City of, Clermont, a Florida municipal corporation Brian Bulthuis, City Manager (Corporate Seal) State of Florida County of Lake The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or L] online notarization, this 26 day of November, 2023 by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation, on behalf of the corporation. He [j is personally known to me or L] has produced a driver's license as identification. [Notary Seal] DEI3RA M. RYBARCZYK Notary Public state of Florida Comm# HH265339 Expires 5/18/2026 r (n - -- Notary Public Printed Name:Ct, i ► 1 •UQ,Y'G��� My Commission Expires: '5 $ oZ[ p Closing Afdavil (Bu)er) - Page 2 File Number: 00640-001 DoubleTime° Affidavit [Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer] BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared Brian Bulthuis ("Affiant") who deposes and says under penalties of perjury that: (When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.) 1. Affiant is the City Manager of City of Clermont, a Florida municipal corporation, which is hereinafter referred to as "Buyer." 2. Buyer is purchasing or acquiring an interest in the following described real property: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney. 4. Buyer is (Initial which is applicable): Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the requirements set out in §692.202-205, F.S. OR A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the requirements set out in §692.202-205, F.S. 5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law. )�- (Affiant) Print Name: Brian Bulthuis Official Capacity: CA -a (n Ow� Name of Buyer: � 0� r,l l t0 hT Address: 685 West Montrose St.. Clermont, FL 34711 STATE OF FLORIDA COUNTY OF LAKE Sworn to (or affirmed) and subscribed before me by means of [x] physical presence or [ ] online notarization this a0 day of November, 2023, by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation and on behalf of the corporation, who [ ] is personally known or [ ] has produced as identification. 1, m . i Notary Public 7k Printed Na [Notary Seal] me: jt�.t,,� �'CZ DEBRA M. RYBARCZYK My Commission Expires: Notary Public State of Florida r Comm# HH265339 g 3 y� Expires 5AM026 NOTICE: FLORIDA NOW RESTRICTS THE SALE OF PROPERTY TO FOREIGN PRINCIPALS (Secs. 692.202-205, F.S.) THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND PERMANENT RESIDENT ALIENS. CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE L.EGAL ADVICE. PERSONS WHO ARE OR MAY BE DEFINED AS "FOREIGN PRiNCIPAL.S OF FOREIGN COUNTRIES OF CONCERN' SHOULD CONSLIL.T WITH AN ATTORNEY BEFORE PURCHASING OR AC:OUIRING ANY INTEREST IN REAL PROPERTY IN FLORIDA ON OR AFTER JLJL,Y 1. 2021 LAND ACOUIRED IN VIOLATION OF THIS L.AW MAY BE FORFEITED TO THE STATE, Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited from purchasing or acquiring any interest in certain types of Florida real property, subject to limited exceptions: • The People's Republic of China • The Russian Federation • The Islamic Republic of Iran • The Democratic People's Republic of Korea • The Republic of Cuba • The Venezuelan regime of NicolAs Maduro • The Syrian Arab Republic • Any agency of or any other entity of significant control of such foreign country of concern BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM: (a) The government or any official of the government of a foreign country of concern; (b) A political party or member of a political party or any subdivision of a political party in a foreign country of concern; (c) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity; (d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States, or (e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d) having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or subsidiary formed for the purpose of owning real property in Florida. IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM: From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or within 5 miles of a military installation.Z With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10 miles of a critical infrastructure facility or military installation' 'Agricultural land is defined to be that which has "agricultural classification" under F.S. 193.461. 2 "Military Installation" means a base, camp, post, station, yard, or center encompassing at least 10 contiguous acres that is under the jurisdiction of the Department of Defense or its affiliates. Sec. 692.201(5), F.S. 3 "Critical infrastructure facility" means any of the following, if it employs measures such as fences, barriers, or guard posts that are designed to exclude unauthorized persons: (a) A chemical manufacturing facility. (b) A refinery. (c) An electrical power plant as defined in s. 403.031(20). (d) A water treatment facility or wastewater treatment plant. (e) A liquid natural gas terminal. (f) A telecommunications central switching office. (g) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas. (h) A seaport as listed in s. 311.09. (i) A spaceport territory as defined in s. 331.303(18) G) An airport as defined in s. 333.01. • NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring any interest in any real property in Florida regardless of its classification, subject to the Limited Residential Exception and Diplomatic Purposes Exception described below CERTAIN EXCEPTIONS MAY APPLY: Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still purchase one residential real property, up to 2 acres in size, if all of the following apply: (a) The parcel is not on or within 5 miles of any military installation; (b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel or official documentation confirming that the person has been granted asylum in the United States and such visa or documentation authorizes the person to be legally present in Florida; (c) The purchase is in the Buyer's dame, i.e., the name of the person who holds the visa or official documentation described in paragraph (b), and (d) The Buyer is only entitled to one residential property as described above. Diplomatic Pu, noses Exception - The real property is for diplomatic purposes as recognized, acknowledged, or allowed by the Federal Government Law Office ofAnita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, Florida 347112 352.243.2801 Facsimile 352.243.2768 anita@agclaw.net November 30, 2023 Debra Rybarczyk, Executive Office Manager City Manager's Office City of Clermont 685 W. Montrose Street Clermont, FL 34711 Re: Purchase From Donald K. McAteer and Elisabeth McAteer 650 W. Montrose Street, Clermont, FL 34711 Dear Debra: Please find attached the following document in connection with the above referenced matter: 1. Original Owner's Policy of Title Insurance, 021-7032882. The Owner's Policy is an important original document and should be kept with other important documents you may have. If you have any questions concerning this closing, please contact our office. Sincerely, Donna L. Divine, Administrative Assistant to Anita Geraci-Carver, Esquire Enclosure cc: Daniel F. Mantzaris, via email "ERICAN LAND TITLE ASSOCIATION OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Condition 17. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Old Republic National Title Insurance Company, a Florida corporation (the "Company"), insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason o£ 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance against loss from: a. a defect in the Title caused by: i. forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; ii. the failure of a person or Entity to have authorized a transfer or conveyance; iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized (including by remote online notarization), or delivered; iv. a failure to perform those acts necessary to create a document by electronic means authorized by law; v. a document executed under a falsified, expired, or otherwise invalid power of attorney; vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure to have performed those acts by electronic means authorized by law; vii. a defective judicial or administrative proceeding; or viii. the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable electronic transactions law. b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. c. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been disclosed by an accurate and complete land title survey of the Land. (continued on next page) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company >k 1408 North Westshore Blvd., Suite 900, Tampa, FL 33607 * * (612) 371-1111 //q T 81 �f��Y J �1Y j�} Pest R Arrest h,,� �� $'ret2ry SERIAL 021-7032882 Form 021- ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) Page 1 of 8 07/01/2021 File Number: 00640-001 DoubleTime® 9.4 3. Unmarketable Title. No right of access to and from the Land. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to: a. the occupancy, use, or enjoyment of the Land; b. the character, dimensions, or location of an improvement on the Land; c. the subdivision of the Land; or d. environmental remediation or protection on the Land. 6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice. 7. An exercise of the power of eminent domain, but only to the extent: a. of the exercise described in an Enforcement Notice; or b. the taking occurred and is binding on a purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice. 9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy: a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a: i. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law; or ii. voidable transfer under the Uniform Voidable Transactions Act; or b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law by reason of the failure: i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records. 11104 W DI&I I]W[KI1'1,VDM D_IZ The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion La. or l.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01/2021 Page 2 of 8 a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. CONDITIONS 1. DEFINITION OF TERMS In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires: a. "Affiliate": An Entity: i. that is wholly owned by the Insured; ii. that wholly owns the Insured; or iii. if that Entity and the Insured are both wholly owned by the same person or entity. b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by Condition 8.d. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy. c. "Date of Policy": The Date of Policy stated in Schedule A. d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land and: i. is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance, permit, or governmental regulation; ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power; or iii. asserts a right to enforce a PACA-PSA Trust. f. "Entity": A corporation, partnership, trust, limited liability company, or other entity authorized by law to own title to real property in the State where the Land is located. g. "Insured": i. (a). The Insured named in Item 1 of Schedule A; (b). the successor to the Title of an Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (c). the successor to the Title of an Insured resulting from dissolution, merger, consolidation, distribution, or reorganization; (d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity; or (e). the grantee of an Insured under a deed or other instrument transferring the Title, if the grantee is: (1) an Affiliate; Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 3 of 8 (2) a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured; (3) a spouse who receives the Title because of a dissolution of marriage; (4) a transferee by a transfer effective on the death of an Insured as authorized by law; or (5) another Insured named in Item 1 of Schedule A. ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. h. "Insured Claimant": An Insured claiming loss or damage arising under this policy. i. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is insured by this policy. k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. 1. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal law. in. "Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A. p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF COVERAGE This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured: a. retains an estate or interest in the Land; b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title. Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured must notify the Company promptly in writing if the Insured has Knowledge of: a. any litigation or other matter for which the Company may be liable under this policy; or b. any rejection of the Title as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under this policy is reduced to the extent of the prejudice. 4. PROOF OF LOSS The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy that constitutes the basis of loss or damage and must state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select counsel of its choice (subject to the right of the Insured to Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 4 of 8 object for reasonable cause) to represent the Insured as to those covered causes of action. The Company is not liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured against by this policy. b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that, in its opinion, may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it is liable to the Insured. The Company's exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must do so diligently. c. When the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court having jurisdiction. The Company reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. When requested by the Company, the Insured, at the Company's expense, must give the Company all reasonable aid in: i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement; and ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter, as insured. If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation. b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant must grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all the records in the custody or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by law, terminates any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company has the following additional options: a. To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option provided for in Condition Ta., the Company's liability and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or continue any litigation. b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability and obligations to the Insured under this policy for the claimed loss or damage terminate, including any obligation to defend, prosecute, or continue any litigation. Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01 /2021 Page 5 of 8 8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title. a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of- i. the Amount of Insurance; or ii. the difference between the fair market value of the Title, as insured, and the fair market value of the Title subject to the matter insured against by this policy. b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other matter insured against by this policy. c. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as insured: i. the Amount of Insurance will be increased by 15%; and ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the fair market value of the Title in Condition 8.a.ii. e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7. 9. LIMITATION OF LIABILITY a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a reasonable manner: i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; ii. cures the lack of a right of access to and from the Land; or iii. cures the claim of Unmarketable Title, all as insured. The Company may do so by any method, including litigation and the completion of any appeals. b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the Company or with the Company's consent, until a State or federal court having jurisdiction makes a final, non -appealable determination adverse to the Title. c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. d. The Company is not liable for the content of the Transaction Identification Data, if any. 10. REDUCTION OR TERMINATION OF INSURANCE All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and the amount so paid will be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the loss or damage within 30 days. Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01/2021 Page 6 of 8 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. c. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, insurance policy, or bond, despite any provision in those instruments that addresses recovery or subrogation rights. 14. POLICY ENTIRE CONTRACT a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic means authorized by law. b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: i. modify any prior endorsement, ii. extend the Date of Policy, iii. insure against loss or damage exceeding the Amount of Insurance, or iv. increase the Amount of Insurance. 15. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will remain in full force and effect. 16. CHOICE OF LAW AND CHOICE OF FORUM a. Choice of Law The Company has underwritten the risks covered by this policy and determined the premium charged in reliance upon the State law affecting interests in real property and the State law applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land is located. The State law of the State where the Land is located, or to the extent it controls, federal law, will determine the validity of claims against the Title and the interpretation and enforcement of the terms of this policy, without regard to conflicts of law principles to determine the applicable law. b. Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court having jurisdiction. 17. NOTICES Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 1408 North Westshore Boulevard, Suite 900, Tampa, Florida 33607. Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01/2021 Page 7 of 8 18. ARBITRATION a. All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("ALTA Rules"). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org. b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 18, then only that request for particular relief may be brought in court. All other requests for relief remain subject to this Condition 18. c. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. Form 021 - ALTA Owner's Policy of Title Insurance 2021 v. 01.00 (with Florida Modifications) 07/01/2021 Page 8 of 8 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.: Issuing Office File Number: Issuing Office's ALTA Registry ID: Issuing Agent: 00640-001 None 37732 Property Address: 650 W Montrose Street, Clermont, FL 34711 Name and Address of Title Insurance Company: Policy Number: 021-7032882 Issuing Office: Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, FL 34711 SCHEDULE A Old Republic National Title Insurance Company 1408 Westshore Blvd, Suite 900 Tampa, Florida 33607 Amount of Insurance: $785,000.00 Date of Policy: November 27, 2023 @ 10:59 AM 1. The Insured is: City of Clermont, a Florida municipal corporation 2. The estate or interest in the Land insured by this policy is: Fee Simple as shown by instrument recorded as Document No. 2023143331 in Official Records Book 6247, Page 39, of the Public Records of Lake County, Florida. 3. Title is vested in: City of Clermont, a Florida municipal corporation 4. The Land is described as follows: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Old Republic National Title Insurance Company 1408 Westshore Blvd, Suite 900, Tampa, Florida 33607, (612) 371-1111 AUTHORIZED SIGNATORY Anita Geraci-Carver Form 021- Schedule A - ALTA Owner's Policy 2021 v 01.00 (with Florida Modifications) Page 1 of 2 07/01/2021 DoubleTime® 9.4 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (With Florida Modifications) ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy Number: 021-7032882 SCHEDULE B EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: 1. General or special taxes and assessments required to be paid in the year 2024 and subsequent years. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. 3. Easements, or claims of easements, not recorded in the Public Records. 4. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 5. All matters contained on the Plat of CITY OF CLERMONT, as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. 6. Agreement recorded in O.R. Book 1103, Page 1895, Public Records of Lake County, Florida. Form 021 - Schedule B ALTA Owner's Policy 2021 v 1.00 (with Florida Modifications) Page 2 of 2 07/01/2021 DoubleTime® 9.4 Map of Boundary Survey Description: Lot 8 Less The East 31 feet thereof and all of Lot 10 of Block 77 in the City of Clermont, as Per Plat recorded in Plat Book 8, page 17, of the Public Records of Lake County, Florida. Lake Countv I hereby declare that based on my examination of the Flood Insurance Rate Map number 12069C 0570 E dated Dec. 18, 2012, and that to the best of my knowledge, belief and my professional opinion that the subject property lies within flood zone X. PORTION OF LOT 8 INCLUDED I LOT 9 IN SUBJECT PROPERTY S 89*37' 19 E 69.12' / LOT 7 — # — — —I — wood fence along line I 31.00 Lot 10 Block 77 0 retaining wall I a C' WATER RETENTION I AREA LO --�-- ��-MES I X storm pipe w I I� �❑ LESS THE n 3' 1 6 EAST 31' } 56.0' 10.0, OF LOT 8 I Scale = 1 "=30' LOT 12 0 0 0 BUILDING o CL z ,COS # 650 L o I 2.8— Notes: backflow 4' 10.0' w —Bearings based on the North line of Montrose St. preventor - 4' 4' 28 0' as being S 89°27'07" E, FL State Plane East. West face of retaining--- —Legal description per Deed ORB 1403, Page 539. SIDEWALK I wall is 0.7' outside l 0 —No title commitment or abstract has been I SIDEWALK provided for the subject property. There may HANDICAP I 0 be recorded or unrecorded documents which PARKING PS I could affect this parcel. z paved r —No adjacent or underground improvements, I parking PS PS other than those shown, located this date. area paved Z —Subject property contains 0.238 acres, more PS Parking I PS or less, and is subject to any rights of way or area easements of record. I West face of retaining PS wall is 1.0' outside LESS THE PS I I EAST 31' PS OF LOT 8 RETAINING Electric Meters concrete WALL PS I concrete panel apron I right of way line I 31.00' on lot line S 8 E 69.00' 9'27'07" SIDEWALK SIDEWALK Electric box LEGEND: 1I APRON PS PS Denotes found 4"x4" concrete 2' Miami curb monument, no disk 0 Denotes set #5 rebar W. MONTROSE STREET cap marked "LB 6980" PS parking space Digitally signed Prepared for: 23026.001 ... byJEFFREYP City of Clermont RHODEN Date: Rhoden Land Surveying, Inc. 2023.12.08 LB #6980 14:35:25-05'00' 420 E. Minnehaha Ave. Clermont, FL 34711 FIELD DATE: 12/08/2023 352-394-6255 HUD-1 U.S. Depertrnerit of Housing A. Settlement Slaternent and Urban Development OMB No. 25D2-0265 B. Type of Loan Q 1. FHA p 2. FmHA p 3. Corry. Unins. G. File Number 7. Loan Number 8. Mortg. Im. Case Num. Q 4. VA. 0 5. Conv. Ins. � 00640.001 �ID: C. NOTE:This farm Is fumshed to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" mere paid outside the dosing; they are shown here for informational purposes and are not Included In the totals. D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower. 685 West Montrose Street, Clermont, Florida 34711 E. NAME OF SELLER: Donald K. McAteer and Elisabeth McAteer, husband and wife Address of Salter. 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711 H. SETTLEMENT AGENT: LowOfOce ofAnfts Gemcl-Carver, P.A. TIN: 20.8W1856 Place of Settlement 1660 Bloxam Avenue, Clermont, Florida 34711 Phone: 352-243-2801 1. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE 1121123 rw f 01. Contract Saks price 785,000.00 401. Contred sales price 785.000.()0 102. Personal property 402. Fanonal property 103. Settlement charges to borrower (Line 1400) 003. 1104. 404. 1 D5. 405. for items in Ldiustrftsitsfor iti�ms paid byrolk-f irp advance; 106. Citynown taxes Adjustments naid bv seller advan:o: 406. CflyAown taxes 1107. County taxes 407 _ County taxes 1103. Assessments 408. Assessments 1109. 2023 Property Taxes from 112123 to 1213123 557.05 409. 2023 Property Taxes from 112123 to 1273123 557.08 [110. 410. ill. 411. 112. 412. 1120, Gross amount due from borrower. 785.557.08 420, Gross amount due to sailer: 786,557.08 201. Deposit or earnest money 501. Excess deposit (see Instructions) 202. Principal amount of new losr.{s) 502. Setlement charges to seller pine 1d00Y 15,323.12 203. Existng loan(s) taken sub)ed to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal emt of mortgage held by seller 208. 508. 209. 50 B FQF by AdjuslTneoLs for iterns. unpaid by seller: 210. Cdvrtorm taxes Adjustments 110111% Unpaid seller: 510 Citylown laxes ] 211. County taxes 511. County taxes 212. Assessments 512. Assessments 1213. 513. 1214. 514. 1215. 515. 1216. 516. 217. 517_ 1 218. 518, 1219. 519. 1220. Total cold bvftor borrower. 0.00 620. Total reductions in amount due seller: 15,323.12 I taros -I I302. Less amount paid by/for the borrower (line 220) 1303. Cash ( Q From ❑ To ) Borrower. 0.00 602. Less total reductions in amount due seller pine 520) 786,557.08 603. Cash ( p To ❑ From ) Seller. (15.323.12) 770,233.96 Substitute Form 1099 Seller Statement: The Information contained In blocks E. G, H. and I and on line 401 Is Important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you Nthis item is required to be reported and the IRS determines that it has not been reported. Seller Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D (Forth 1040 or 1040-SR). If not your main home, report the transaction on Forth 4797. Form 6252, and/or Schedule D for the appropriate Income tax forth. Borrower's Iwr� Seller's Initials : I DoubleTame® HUD-1 U.S. Department of Housing and Urban Development Pape 2 Pald from Paid from 7D0 Total SaleaJBrokers Com. based on Pnce $785,000.00 @ %. Borrower's Seller's 1701 to Funds at Funds t 1702. % to Settlementteme Settrd 1 1703. Commission paid at settlement 1704. to IV!. Loan origination fee %to 1602. Loan discount % to 1803. Apple" fee to 804. Credit report to 805. Lenders inspection fee to 1805. Mortgage Insurance applicatlon fee to I807. Assumption Fee to am. to I f 809. to J 1810. to jail. to 901. 1n10FOSt ffOm to /day 1902. Wig asc Insurance premium for months to I 903. Hazard insurance Cesium for rears to 904. Flood Insurance premium for years to W0-. ueara to 1Col. Hazard Insurance months a oer month 1002. Mortgage Insurance months im oar month 1003. City property taxes months 0 oer month 1004. County property taxes months a per month 1 D05. Annual assessments months 0 per month 1006. Flood Insurance months 0 per month 1007. months 6 her month 1008. months im per month 1009. Aggregate accounting a4ustment 1101. Settlement or dosing fee to Law Office of Anita Gerad-Carver, P.A. 450.00 1102. Abstract or tt search to Attomeys' Title Fund Services, LLC 275.00 1103. Title examination to 1104. Title insurance binder to 1105. Document prapaiation to 1106. Notary fees to 1107. Atomey's Fees to (Includes above tom numbers: I 1108. Title Insurance to Old Republic Nat. TdWAnks Gerad-Carver 4.000.00 (includes above Rem numbers: ) 1109. Lenders coverai : iPremium : 1110. Owner's cove«�;� 'Premium): $785.000.00 ($4,000.00) 1111. Endorse: i [1112. to 1113. to is -i.Recording fees Deed $18.50 Monganefsl Releases 18.Wtl ' 702. City/county, tax/stamps Deed Maipace(s) 1203. State tax/stamps Deed $5,495.00 Monrtaaeis) 5.495.00 1204. ERecording to Lake County Clerk of CouNSimpliffik 4.75 1zd5- to 1301. Survey to 113n2. Municipal Lien Search to City of Clemrori 76.84 13012023 Property Taxes to Lake County Tax Collector 4,959.39 11304. UliGty Balance to City of Clermont 43.64 11305. to 11306. to 11307. to 11308. to 1309. ( Enter on fries 103. Section J and 502. Section K) _ 0.00 15,323.12 1 have carefully revlerwed the HUD-1 Settlement Stalernerl and to the best of my knowledge and belief. it Is a true and accurs stalerrherht of all pta and dhsWraenwms made on my account or by me In this transaction. I further certify OW I have received a copy of the HUD-1 Setoemem Statement Coy of.0lennont By: Borrower Salter BrienIhAlhuis, City Manager Donald K McAteer Borrower Elisabeth McAteer ceder The HUD-1 Setllemanl Statemerd which I have prepared is a true and accurate account of this uansacson. I have caused. or wdl cause, the funds to be Asbursed in aaardenea with this staterneni. Law Office of Anita Geraci-Carver, PA By: As its Authorized Representative Data WARNING: It Is a crime to knowingly make false statements to the Linked States on the or any other simdar form. Penalties upon canWcdon can include a one DoubleTime® and Imprisonment For details am; Tide 18 U.S. Code Section 1001 and Section 1010. HUD-1 U.S. Department of Housing A. Settlement Statement and Urban Development OMB No. 25D2-0285 B. Type of Loan O 1. FHA O 2. FmHA O 3. Conv. Unins. I 6. File Number ! 7. Loan Number Q 4, VA. O 5. Coriv. Ins. 00640 001 ID: 8, Mortg. Ins. Case Num, C. NOTE:ThIs form is furnished to give you a statement of actual settlement coats. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not induded in the totals. D. NAME OF BORROWER: City of Clermont, a Florida municipal corporation Address of Borrower: 685 West Montrose Street, Clermont, Florida 34711 E. NAME OF SELLER: Donald K. McAlear and Elisabeth McAteer, husband and wife Address of Seller. 4415 Thermal Lane, Clermont, Florida 34714 TIN: F. NAME OF LENDER: Address of Lander. G. PROPERTY LOCATION: 650 W Montrose Street, Clermont, Florida 34711 H. SETTLEMENT AGENT. Law Office of Anka Gereci-Carver, P.A. TIN: 2043001856 Place of SettemenH: 1560 Bloxam Avenue, Clermont, Florida 34711 Phone:352-243-2801 1. SETTLEMENT DATE: 11/21/23 DISBURSEMENT DATE: 11121/23 101. Contract sales price 785,000.D0 90 1. Contract sales price 785,000.00 102. Personal property 402, Personal property f 103. Settlement charges to borrower (Line 1400) 403. 104_ 404, lies. 406. Adjustments for ilenz Paid liv seller in advince: 105. C.4yltawn taxes AdlL1StVffl?nt' for items onid bV seller in advanco! 406. Cityltown taxes 1107. County taxes 407. County faxes 108. Assessments 408. Assessments 109, 2023 Property Takes from 11/21/23 to 12/31/23 557.08 409. 2023 Property Taxes from 11/21/23 to 12/31/23 557.08 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower. 785,557.08 420. Gross amount due to seller rr Redtictions 785.557.06 r 201. Deposit or eamest money . in amount due to seller: 501. Excess deposit (see Instructions) 202. Principal amount of new loan(s) 502. Settlement charges to sager (fine 1400) 15.323.12 203. Fxlatng loans) taken subject to 503. Existing loan(s) Wren subject to 2D4. Pdndpal amount of second mortgage 504. Payoff of first mortgage loan i 205. 565. Payoff of second mortgage loan 1206. 506. Deposits held by seller 1207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 1208. 503. 1209. 509. 1 210. Cityrtuwn teams 510 Cdynown lases 211. County taxes 511. County taxes 1212. Assessments 512. Assessments [ 213. 513. 1214. 514. 1215. 515. 1216. 516. 217. 517. 1218. 518. 1219. 519. 220. Total paid by/for borrower. 0.00 620. Tobrl reductions In amount due seller: 15,323.12 301. Grose amount due from borrower 785.557.06 601. Gross amount due to seller 785,557.08 (line 120) (fine 420) 302. Less amount paid byRor the borrower 0.00 6W. Less total reductions in amount due War (15,323.12) (fine 220) (line 620) 303. Cash ( Q✓ From ❑ To ) Borrower: 785.557.08 BD3. Cash ( E) To ❑ From ) Sefler. 770,233.96 Substitute Form 1D99 Seller Statement: The information contained in blocks E, G, H. and I and on One 401 Is important tax information and Is being fumishod to the IRS. If you are required to file a return, a negligence penalty or other sanction will be Imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Seiler Instructions: To determine if you have to report the sale or exchange of your main home on your tax return, see Instructions for Schedule D (Form 1040 or 1040-SR). If not your main home, report the transaction on Form 4797, Form 6252, and/or Schedule D for the appropriate income lax forth. Borrower's i• ua `:,i: Sellers Inklal s.: DoubleTimeO HUD-1 U.S. Department of Hooting and Urban Development Page 2 Paid from Paid from 700. Total Salet lBmkem Cam based on price $785.000.00 %= Borrower's Seller's 701. % to Funds at Funds at 702. % to Seftmerd Settlement 1703. Commission pald at seHlament 704. to 601. Loan origination fee %to j 802. Loan discount %to 803. Appraisal fee to 1804. Credit report to 1805. Lenders inspection fee to 1806. Mortgage Insurance application fee to 1 807. Assumption Fee to 808. to 1809. to 1810. to 1811. 11 s to e 901 Interest from to a /dav 902. Mortgage insurance premium for months to 903. Hazard insurance Premium for veans to 904. Flood Insurance premium for Years to 905. ar6 ie 1001. Hazard insurance months A per month 1002. Mortgage Insurance months tat oer month 1003. City property taxes months & Fen month 1004. County property taxes months 4P per month j 1005. Annual assessments months 0 pea month 1006. Flood insurance months 0 per month 11007. months 0 Per month 11008. manlhalf3 par month 11009. Aggregate accounting ad)ustment 11101. Settlement or closing fee to Law Office of Anita Geraci-Carver. PA. 450.001 1132. Abstractor We search to Attorneys' Title Fund Services, LLC 275.0DI 11103. Title examination to I 1104. Tale insurance binder to I 1 11G5. Document preparation to 1106. Notary fees to 1107. Attorneys Fees to (includes above item numbers: 1108. Tale Insurance to Old Republic Nat. Title/Anita Geraci-Carver 4.000.00 (includes above item numbers: 1 f 1109. Lenders cove - is Premium): 1110. Owners eDwa::a (Premium;: $785,000.00 (to4,000.00) 1 1111 _ Endorse: 11112. to 1113, to 1201. Recording fees Dead $18.50 Mortcaaefsl Releases 18.50 1202. City/county tax/stamps Deed MotvaneiM 1 1203. State lax/stamps Deed $5,495.00 Monuage(s) 5.495.001 1204. E-Recording to Lake County Clerk of CourUSimplif a 4.751 11205 to 1 1301. Survey to 1302. Municipal Lien Search to City of Clemionl/AGC 76.84 1303. 2023 Property Taxes to Lake County Tax Collector 4,959.39 1304. Utility Balance to City of Clermont 43.64 1305. to 1306. to f 1307. to 1308. to 1309. S Ehtor fin tlnas 103- Section J end 502 Section K 0.00 15.323.12, JpLs 1 have carefully reviewed the HUD-1 Sealemenl Statement and to the best of my knowledge and belief, it Is a true and aoeurala statement of al and diabursements made on my aocount or by me in ttis transaction. I further sentry That I }taus received a copy of Me HUD-1 Settlement Statement Cif rverr/ont .r By- Borrower Seller Brian 114fihuis, City Manager Donald K. McAteer BonOwer Elisabeth McAleer Qeller The HUD-1 SeteemeM Statement which I have prepared Is a In* and aceurahr account of this transaction. 1 have caused, or v0d cause. the hands to be disbursed in accordance with this statement Low Office ofAnta Gerad-Carver, PA. By: As Its Authorized Representative Date WARNING: It Is a trine b knovMngy make false statements to Me Untied Stales on this or any other similar form. Penalties upon corw son an inckrde arise DoubleTime® and knpdsaxnead For detalb nee: Tide 13 U.S. Code Seclion 1001 and Sec4on 1010. CLOSING AGREEMENT CLOSING DATE: November21, 2023 BUYER: City of Clermont 685 West Montrose Street Clermont, FL 34711 dmantzaris.�'dsklawgrcua.com SELLER: Donald K. and Elisabeth McAteer 4415 Thermal Lane Clermont, FL 34711 kvmac1000(@gmail.com CLOSING AGENT: Law Office of Anita Geraci-Carver, P.A. 1560 Bloxam Avenue Clermont, Florida 34711 Telephone: 352-243-2801 Fax: 352-243-2768 Email: anita(a.agclaw.net PROPERTY: 650 West Montrose Street Clermont, FL 34711 See Exhibit A. CONTRACT: Conditional Contract For Sale and Purchase of Real Property dated October 12, 2023 1. CLOSING AUTHORIZATION. Buyer and Seller each acknowledge that all contingencies and/or conditions precedent applicable to their respective obligations to close have either been satisfied or waived, and each party has agreed to proceed to closing. Buyer and Seller acknowledge that by executing the Combined Closing Statement (the "Closing Statement") that they are confirming that all of the terms, conditions and obligations set forth in the Contract and all of the obligations of each of the parties to the Contract have been fully complied with and satisfied. Buyer and Seller further acknowledge that by their execution of the Closing Statement, the Closing Agent is authorized and directed to close the transaction and to distribute all of the closing documents and the closing proceeds as set forth in the Closing Statement. 2. TAX PRORATION Buyer and Seller acknowledge that the tax bill for the current year's real estate taxes has been issued, The real estate taxes (and the personal property taxes, if applicable) for the current year are being paid by Seller based on the maximum discounted amount. 3. OTHER PRORATIONS AND CHARGES. Buyer .and Seller acknowledge that if the Closing Statement provides for the payment or proration of any income or expenses related to the Property, including without limitation rent or other income from the Property, or utility charges and other charges related to the Property, then (a) Closing Agent has obtained the information as to amounts of such items from third parties, and is not responsible for the accuracy of the same, and (b) by paying or prorating any such items, Closing Agent does not assume any responsibility whatsoever for any such items. Buyer and Seller specifically agree that Closing Agent shall not be responsible for charges for water, sewer, gas, electricity, rent, personal property taxes, garbage taxes, licenses or any special assessments, but that instead any discrepancy or deficiency in such charges shall be settled between Buyer and Seller directly. Buver and Seller herebv release and hold Closinc A.,ent harmless as to anv such char:ies and as to any such adiustments that are due to one party or the other to correct such charges. 4. TITLE INSURANCE. Buyer acknowledges having received and reviewed the Title Insurance Commitment issued by Closing Agent through Old Republic National Title Insurance Company (the "Commitment"), and hereby accepts and approves same. Buyer understands and agrees that it is taking title to the Property subject to all matters set forth in Schedule B-2 of the Commitment, except for the standard exceptions listed as Items 1, 2b and 2e, 3, 4 and 5 (which are being deleted at closing). 5. SURVEY. Buyer acknowledges having been advised of their right to obtain a survey of the property. Buyer has elected not to obtain a survey prior to the purchase of the property. Buyer understands and agrees that it is taking title to the Property subject to all the matters that would have shown on an accurate survey, and That an exuepiiun rur such matters is contained in the Commitment delivered at closing and will appear in the Owner's Title Policy. 6. COOPERATION. If requested by Closing Agent, Buyer and Seller shall fully cooperate and adjust for clerical mistakes, calculation errors, computer malfunction, printing error or similar errors, by correcting, initialing, executing or re -executing any or all existing or additional closing documentation, as deemed necessary or desirable in the reasonable discretion of Closing Agent. The undersigned acknowledge that errors of the type described above may affect the ability of the Closing Agent to insure title to the Property, or may be required in order to correct mistakes in the calculations of money due or to be credited to one party or the other. The undersigned agree to cooperate and comply by signing, initialing, executing or re -executing any and all documentation reasonably required by Closing Agent. 7. TAX MATTERS. Buyer and Seller acknowledge: (i) that they have not relied on the Closing Agent for any advice with respect to any tax consequences (including, but not limited to, income, estate or gift taxes, whether federal, state or local) with respect to this transaction and (ii) that they been advised to seek independent advice and have had the opportunity to retain such independent advice as to the tax consequences of this transaction. 8. PROPERTY CONDITION AND INSPECTION. Buyer acknowledges having had adequate opportunity to inspect the Property and investigate any and all matters related to the Property. The Buyer acknowledges that it is satisfied with the condition of the Property and all such matters related to the Property, including repairs, if any, which have been made to the Property. Buyer acknowledges having received and reviewed the Municipal Lien Search Report dated October 25, 2023, issued by City of Clermont and hereby accepts and approves of same. Buver further acknowledges that Closinc Agent has not made am representations with recard to anv such matters. nor has Closino Agent assumed. responsibility for the same. The carties hereby release Closino Agent from anv responsibility or liabili-,v relating to any of the fore:ioina issues. 9. ENTIRE AGREEMENT, PLURAL/SINGULAR AND ENFORCEABILITY. This Agreement contains the complete and entire understanding of the parties and Closing Agent with respect to the matters addressed herein and no change or amendment shall be valid unless it is made in writing and executed by the parties in this Agreement. No specific waiver of any of the terms of this Agreement shall be considered as a general waiver. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, and vice versa, unless the context requires otherwise. Buyer and Seller shall include all parties executing this Agreement. The invalidity, illegality or enforceability of any provision of this Agreement pursuant to judicial decree shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. CLOSING AGENT DISCLOSURE POLICY. Closing agent's policy regarding disclosure of non- public personal information is to not disclose any such information about Buyer and Seller to anyone for any purpose that is not specifically permitted or required by law or otherwise contemplated in this transaction by the parties. 11. CASH TO CLOSE. The "Cash from Buyer" set forth on the Closing Statement, is due and payable at Closing by wire transfer, payable to the trust account of Law Office of Anita Geraci-Carver, P.A. pursuant to the wire transfer instructions attached hereto as Exhibit "B". 12. DOCUMENT REVIEW. BUYER AND SELLER ACKNOWLEDGE (i) THAT THEY HAVE HAD ADEQUATE TIME AND OPPORTUNITY TO CAREFULLY REVIEW THIS AGREEMENT AND ALL OF THE DOCUMENTS THAT THEY ARE SIGNING IN CONNECTION WITH THIS TRANSACTION (COLLECTIVELY, THE "CLOSING DOCUMENTS"), (ii) THAT THE CLOSING DOCUMENTS ARE ACCURATE AND CONSISTENT WITH THE TERMS AND CONDITIONS OF THE CONTRACT, AND (iii) THAT THEY UNDERSTAND THE CLOSING DOCUMENTS AND FREELY AND VOLUNTARILY ENTER INTO EACH OF THEM. 13. REPRESENTATION. BUYER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A IS REPRESENTING THE SELLER IN THIS TRANSACTION INVOLVING THE SALE OF THE PROPERTY. THEREFORE, LAW OFFICE OF ANITA GERACI-CARVER, P.A. DOES NOT REPRESENT THE BUYER IN ANY CAPACITY IN THE CONNECTION WITH THE CLOSING OF THIS TRANSACTION. SELLER AGREES AND ACKNOWLEDGES THAT THE LAW OFFICE OF ANITA GERACI-CARVER, P.A. IS REPRESENTING THE SELLER ONLY AS CLOSINGITITLE AGENT. COUNTERPARTS. This Agreement may be signed in counterparts which shall be construed together as a single original document. Seller Buyer. Donald K. McAteer Brian Bulthuis, City Manager City of Clermont, a Florida municipal corporation Elisabeth McAteer Dated: November_, 2023 Dated: November off! 2023 EXHIBIT "A" Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 EXHIBIT "B" WIRE INSTRUCTIONS for LAW OFFICE OF ANITA GERACI-CARVER. P.A. TRUST ACCOUNT UNITED SOUTHERN BANK 750 N. Central Avenue Umatilla, FL 32784 Routing #: 063105285 Customer's Name: Law Office of Anita Geraci-Carver, P.A. Customer Address: 1560 Bloxam Avenue, Clermont, FL 34711 Account Number: 0256021 — Please call office (352-243-2801) to verbally confirm account number prior to initiating wire. • Before wiring any funds, personally call Law Office of Anita Geraci-Carver, P.A. to verify the authenticity and accuracy of wire transfer instructions sent to you. • Do not call a phone number contained in wire transfer instructions. VERIFY ALL WIRE TRANSFER INSTRUCTIONS SENT TO YOU BY CALLING LAW OFFICE OF ANITA GERACI-CARVER, P.A. USING PREVIOUSLY KNOWN CONTACT INFORMATION. Closing Affidavit (Buyer) Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. City of Clermont, a Florida municipal corporation ("Buyer"), is purchasing the following described property from Donald K. McAteer and Elisabeth McAteer, husband and wife ("Seller"), to wit: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. 2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect to Buyer. 3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements, alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property. 4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or does create a cloud on the title to the subject property. S. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any instruments that would adversely affect the interest to be insured. 6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute g charge or lien upon said property. 7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. 8. Buyer hereby holds Law Office of Anita Geraci-Carver, P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. File Number: 00640-001 DoubleTime® City of, Clermont, a Florida municipal corporation Brian Bulthuis, City Manager (Corporate Seal) State of Florida County of Lake The foregoing instrument was sworn to and subscribed before me by means of [X] physical presence or L] online notarization, this 26 day of November, 2023 by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation, on behalf of the corporation. He [j is personally known to me or L] has produced a driver's license as identification. [Notary Seal] DEI3RA M. RYBARCZYK Notary Public state of Florida Comm# HH265339 Expires 5/18/2026 r (n - -- Notary Public Printed Name:Ct, i ► 1 •UQ,Y'G��� My Commission Expires: '5 $ oZ[ p Closing Afdavil (Bu)er) - Page 2 File Number: 00640-001 DoubleTime° Affidavit [Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer] BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared Brian Bulthuis ("Affiant") who deposes and says under penalties of perjury that: (When used "Affiant" and "Buyer" include singular or plural as context so requires or admits.) 1. Affiant is the City Manager of City of Clermont, a Florida municipal corporation, which is hereinafter referred to as "Buyer." 2. Buyer is purchasing or acquiring an interest in the following described real property: Lot 8 LESS the East 31 feet thereof and all of Lot 10, Block 77, CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida. Parcel Identification Number: 24-22-25-0100-077-00800 3. Affiant has read the attached Notice and has been given the opportunity to consult with an attorney. 4. Buyer is (Initial which is applicable): Not a Foreign Principal as defined in §692.201, F.S. and is in compliance with the requirements set out in §692.202-205, F.S. OR A Foreign Principal as defined in sec §692.201, F.S. and is in compliance with the requirements set out in §692.202-205, F.S. 5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law. )�- (Affiant) Print Name: Brian Bulthuis Official Capacity: CA -a (n Ow� Name of Buyer: � 0� r,l l t0 hT Address: 685 West Montrose St.. Clermont, FL 34711 STATE OF FLORIDA COUNTY OF LAKE Sworn to (or affirmed) and subscribed before me by means of [x] physical presence or [ ] online notarization this a0 day of November, 2023, by Brian Bulthuis, City Manager of City of Clermont, a Florida municipal corporation and on behalf of the corporation, who [ ] is personally known or [ ] has produced as identification. 1, m . i Notary Public 7k Printed Na [Notary Seal] me: jt�.t,,� �'CZ DEBRA M. RYBARCZYK My Commission Expires: Notary Public State of Florida r Comm# HH265339 g 3 y� Expires 5AM026 NOTICE: FLORIDA NOW RESTRICTS THE SALE OF PROPERTY TO FOREIGN PRINCIPALS (Secs. 692.202-205, F.S.) THIS NOTICE DOES NOT APPLY TO CITIZENS OF THE UNITED STATES AND PERMANENT RESIDENT ALIENS. CAUTION: THIS NOTICE IS NOT INTENDED TO PROVIDE L.EGAL ADVICE. PERSONS WHO ARE OR MAY BE DEFINED AS "FOREIGN PRiNCIPAL.S OF FOREIGN COUNTRIES OF CONCERN' SHOULD CONSLIL.T WITH AN ATTORNEY BEFORE PURCHASING OR AC:OUIRING ANY INTEREST IN REAL PROPERTY IN FLORIDA ON OR AFTER JLJL,Y 1. 2021 LAND ACOUIRED IN VIOLATION OF THIS L.AW MAY BE FORFEITED TO THE STATE, Effective July 1, 2023, foreign principals of these foreign countries of concern are prohibited from purchasing or acquiring any interest in certain types of Florida real property, subject to limited exceptions: • The People's Republic of China • The Russian Federation • The Islamic Republic of Iran • The Democratic People's Republic of Korea • The Republic of Cuba • The Venezuelan regime of NicolAs Maduro • The Syrian Arab Republic • Any agency of or any other entity of significant control of such foreign country of concern BUYERS ARE A FOREIGN PRINCIPAL IF ANY OF THESE APPLY TO THEM: (a) The government or any official of the government of a foreign country of concern; (b) A political party or member of a political party or any subdivision of a political party in a foreign country of concern; (c) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity; (d) Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States, or (e) Any person, entity, or collection of persons or entities, described in paragraphs (a) through (d) having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or subsidiary formed for the purpose of owning real property in Florida. IF A BUYER IS A FOREIGN PRINCIPAL, FLORIDA LAW PROHIBITS THEM: From purchasing or acquiring any interest in real property in Florida classified as agricultural land' or within 5 miles of a military installation.Z With limited exceptions, from purchasing or acquiring any interest in real property in Florida within 10 miles of a critical infrastructure facility or military installation' 'Agricultural land is defined to be that which has "agricultural classification" under F.S. 193.461. 2 "Military Installation" means a base, camp, post, station, yard, or center encompassing at least 10 contiguous acres that is under the jurisdiction of the Department of Defense or its affiliates. Sec. 692.201(5), F.S. 3 "Critical infrastructure facility" means any of the following, if it employs measures such as fences, barriers, or guard posts that are designed to exclude unauthorized persons: (a) A chemical manufacturing facility. (b) A refinery. (c) An electrical power plant as defined in s. 403.031(20). (d) A water treatment facility or wastewater treatment plant. (e) A liquid natural gas terminal. (f) A telecommunications central switching office. (g) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas. (h) A seaport as listed in s. 311.09. (i) A spaceport territory as defined in s. 331.303(18) G) An airport as defined in s. 333.01. • NOTE: Foreign principals of the People's Republic China are prohibited from purchasing or acquiring any interest in any real property in Florida regardless of its classification, subject to the Limited Residential Exception and Diplomatic Purposes Exception described below CERTAIN EXCEPTIONS MAY APPLY: Limited Residential Exception - If the Buyer is a `natural person' subject to the law, they may still purchase one residential real property, up to 2 acres in size, if all of the following apply: (a) The parcel is not on or within 5 miles of any military installation; (b) Buyer has a current verified United States visa that is not limited to authorizing tourist -based travel or official documentation confirming that the person has been granted asylum in the United States and such visa or documentation authorizes the person to be legally present in Florida; (c) The purchase is in the Buyer's dame, i.e., the name of the person who holds the visa or official documentation described in paragraph (b), and (d) The Buyer is only entitled to one residential property as described above. Diplomatic Pu, noses Exception - The real property is for diplomatic purposes as recognized, acknowledged, or allowed by the Federal Government