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DocuSian Envelope 1D: F2F4B233-0417-4280-8820-4F08C51BA736
Filing # 122209630 E-Filed 03/01/2021 09:32:20 AM
Exhibit G
ONIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CHAMPIONS CLUB CONDOMINIUM
ASSOCIATION, INC., a Florida
Not-for-profit corporation;
Plaintiffs, Case No.: 2020-CA-2198
vs.
LEN-CG SOUTH, LLC, a Florida limited
liability company, and LENNAR HOMES, LLC,
a Florida limited liability company,
Defendants.
/
AFFIDAVIT OF ANTHONY DESIMONE
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned authority, personally appeared Anthony DeSimone, who,
upon being duly sworn, deposes and says as follows:
1, My name is Anthony DeSimone. I am over 18 years of age and am competent to
testify as to all matters set forth in this Affidavit. All of the facts stated in this Affidavit are true,
accurate, and based upon my personal knowledge.
2. 1am the Director of Operations for the Orlando Division of Lennar Homes, LLC
(“Lennar”). [ have personal knowledge of all matters set forth in this Affidavit by virtue of my
position with Lennar.
3. L also have personal knowledge of the matters set forth in this Affidavit by virtue of
my review of Lennar’s business records relating to the matters addressed herein. | have personal
knowledge of the manner in which those records were produced and kept. Such records were
produced in the regular course of Lennar’s business by persons with knowledge of the events and
4818-7397-6286.1DocuSign Envelope 1D: F2F4B233-0417-4280-8820-4F08C51BA736
transactions set forth therein, at or about the time said events and transactions occurred. Those
records are kept in the ordinary course of Lennar’s business, and I regularly rely on those records
in the normal course of Lennar’s business.
4. Lennar caused the construction of the residential condominium units in Osceola
”),
County, Florida known as Champions Club (the “C
5. There are 168 condominium units in the Community (the “Condominium Units”). Of
the 168 Condominium Units, 111 of the units are still owned by the original purchaser.
6. After diligent search of its records, Lennar has located 89 of the home purchase and
sale agreements by which Lennar, through LEN-CG South, LLC, sold the Condominium Units to
the original purchaser members. ‘That said, Lennar sold all of the Condominium Units pursuant to
the same form of purchase and sale agreement (the “Agreement”).
7. For each of the Condominium Units, Lennar also extended a limited single family
home warranty (collectively, the “Limited Warranty”).
8. True and correct copies of the Agreement and Limited Warranty are attached to
Lennar’s Motion to Dismiss or Stay and Compel Mediation and Arbitration, filed in this Court on
November 2, 2020, as Exhibits 1-2.
9. The mediation and arbitration provision of the Agreement is found on page seven of
fifteen at Paragraph 19.1-19.3, and is titled, in bold and underlined font, “Mediation/Arbitration
of Disputes.
10. The mediation and arbitration provision of the Limited Warranty is found on page 4,
and is titled, in capital and bold font, “MEDIATION/ARBITRATION OF DISPUTES.”
11. The original purchaser members of the Condominium Unit were given adequate time
to read and review both the Agreement and Limited Warranty.
4818-7397-6286.1DocuSign Envelope 1D: F2F4B233-0417-4280-8820-4F08C51BA736
12. Lennar did not restrict or otherwise impede any of the original purchaser members of
the Condominium Unit from seeking legal counsel or other advice regarding the purchase of the
Condominium Unit.
13. Lennar did not withhold or otherwise conceal the existence of the mediation and
arbitration provisions within the Agreement and Limited Warranty from any of the original
purchaser members of the Condominium Units.
14. Lennar did not use force, threats, undue influence, or otherwise cause any of the
original purchaser members to execute the Agreement and accept the Limited Warranty.
DocuSigned by:
FURTHER AFFIANT SAYETH NOT,
Anthony DeSimone
The foregoing instrument was acknowledged before me by means of A physical presence
or [J online notarization, this 2loday of February by Anthony DeSimone, wh&is personally _
known to me or who has produced “as
identification.
Pep LLLP AP LOSS
oh ea Ratary Public State of Fonda 1
. *& Kayla Word AA
> RycommssoncG 163000 Notary Public
Expires 1/26/2021
ae
BEL anna —ranerane: KANIO. WOVE
My commission expires:
4818-7397-6286.1
Preview
DocuSian Envelope 1D: F2F4B233-0417-4280-8820-4F08C51BA736 Filing # 122209630 E-Filed 03/01/2021 09:32:20 AM Exhibit G ONIN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CHAMPIONS CLUB CONDOMINIUM ASSOCIATION, INC., a Florida Not-for-profit corporation; Plaintiffs, Case No.: 2020-CA-2198 vs. LEN-CG SOUTH, LLC, a Florida limited liability company, and LENNAR HOMES, LLC, a Florida limited liability company, Defendants. / AFFIDAVIT OF ANTHONY DESIMONE STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared Anthony DeSimone, who, upon being duly sworn, deposes and says as follows: 1, My name is Anthony DeSimone. I am over 18 years of age and am competent to testify as to all matters set forth in this Affidavit. All of the facts stated in this Affidavit are true, accurate, and based upon my personal knowledge. 2. 1am the Director of Operations for the Orlando Division of Lennar Homes, LLC (“Lennar”). [ have personal knowledge of all matters set forth in this Affidavit by virtue of my position with Lennar. 3. L also have personal knowledge of the matters set forth in this Affidavit by virtue of my review of Lennar’s business records relating to the matters addressed herein. | have personal knowledge of the manner in which those records were produced and kept. Such records were produced in the regular course of Lennar’s business by persons with knowledge of the events and 4818-7397-6286.1DocuSign Envelope 1D: F2F4B233-0417-4280-8820-4F08C51BA736 transactions set forth therein, at or about the time said events and transactions occurred. Those records are kept in the ordinary course of Lennar’s business, and I regularly rely on those records in the normal course of Lennar’s business. 4. Lennar caused the construction of the residential condominium units in Osceola ”), County, Florida known as Champions Club (the “C 5. There are 168 condominium units in the Community (the “Condominium Units”). Of the 168 Condominium Units, 111 of the units are still owned by the original purchaser. 6. After diligent search of its records, Lennar has located 89 of the home purchase and sale agreements by which Lennar, through LEN-CG South, LLC, sold the Condominium Units to the original purchaser members. ‘That said, Lennar sold all of the Condominium Units pursuant to the same form of purchase and sale agreement (the “Agreement”). 7. For each of the Condominium Units, Lennar also extended a limited single family home warranty (collectively, the “Limited Warranty”). 8. True and correct copies of the Agreement and Limited Warranty are attached to Lennar’s Motion to Dismiss or Stay and Compel Mediation and Arbitration, filed in this Court on November 2, 2020, as Exhibits 1-2. 9. The mediation and arbitration provision of the Agreement is found on page seven of fifteen at Paragraph 19.1-19.3, and is titled, in bold and underlined font, “Mediation/Arbitration of Disputes. 10. The mediation and arbitration provision of the Limited Warranty is found on page 4, and is titled, in capital and bold font, “MEDIATION/ARBITRATION OF DISPUTES.” 11. The original purchaser members of the Condominium Unit were given adequate time to read and review both the Agreement and Limited Warranty. 4818-7397-6286.1DocuSign Envelope 1D: F2F4B233-0417-4280-8820-4F08C51BA736 12. Lennar did not restrict or otherwise impede any of the original purchaser members of the Condominium Unit from seeking legal counsel or other advice regarding the purchase of the Condominium Unit. 13. Lennar did not withhold or otherwise conceal the existence of the mediation and arbitration provisions within the Agreement and Limited Warranty from any of the original purchaser members of the Condominium Units. 14. Lennar did not use force, threats, undue influence, or otherwise cause any of the original purchaser members to execute the Agreement and accept the Limited Warranty. DocuSigned by: FURTHER AFFIANT SAYETH NOT, Anthony DeSimone The foregoing instrument was acknowledged before me by means of A physical presence or [J online notarization, this 2loday of February by Anthony DeSimone, wh&is personally _ known to me or who has produced “as identification. Pep LLLP AP LOSS oh ea Ratary Public State of Fonda 1 . *& Kayla Word AA > RycommssoncG 163000 Notary Public Expires 1/26/2021 ae BEL anna —ranerane: KANIO. WOVE My commission expires: 4818-7397-6286.1