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2013-86 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 P.O. Box 120219 Clermont, Florida 34769 ("Buyer") and CENTENNIAL BANK, a
Florida Banking Corporation, whose address is 1200 Hillcrest Street, Orlando, Florida 32803
("Seller"):
WITNESSETH:
WHEREAS, the Seller is or will be the record owner of fee simple title to certain real
property situate in Lake County, Florida, known as the Celebration of Praise Church of God
Property and located at 3700 Hwy 27,South;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 upon the teens and conditions set forth
herein;
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;Prior Foreclosure: "As-Is"Sale
(a) 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:
That certain real property situate in Lake County,Florida located at 3700
Highway 27, South, Clermont,Florida containing approximately 48 acres
and as described with particularity on Exhibit "A" attached hereto,
together with all improvements, tenements, hereditaments, rights,
privileges and easements thereunto belonging, to include any and all
personal property,fixtures and improvements to be identified as part of the
inspection review described in Paragraph 6 below, (hereinafter together
referred to as the"Pro _rtye ").
(b) Buyer acknowledges that Seller has or will prior to Closing have acquired
title to the Property through foreclosure pursuant to one or more Certificates of Title
issued in that certain lawsuit styled Centennial Bank v. Edwin Rodriguez. Mike Given,
and C. Waymon Miller, as Trustees of the Church of God a/lc/a Celebration of Praise
Church of God. et al., Lake County, Florida Circuit Court Case No. 2012-CA-003461
(the"Certificates of Title").
(c) Buyer agrees that, with respect to the Property, Buyer has not relied upon
and will not rely upon, either directly or indirectly, any representation or warranty of
Seller, except as expressly set forth herein. Buyer will conduct such inspections and
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investigations of the property (iincluding, but not limited to, the physical and
environmental condition thereof, and rely upon same and,upon closing, will assume the
risk that adverse matters may not have been revealed by Buyer's inspections and
investigations. Seller will sell and convey to Buyer, and Buyer will accept the property
"as is","where is",with all faults,and without any warranty or representation whatsoever
on the part of Seller,express or implied,as to the Property's condition,classification,past
or present use, or merchantability, fitness or suitability for any particular purpose, use,
design, construction or development, including without limitation any warranty or
representation as to surface or subsurface condition, zoning, or the sufficiency,
accessibility and capacity of utilities for purchaser's intended use of the property,it being
agreed that all such risks are to be borne by Buyer and that Buyer is relying solely on its
own inspection and investigation of the property, with respect thereto and not on any
statement, oral or written representation or warranty made by seller or anyone acting or
claiming to act on behalf of Seller.
2. Agreement to Sell and Purchase and Effective Date The Seller hereby agrees
to sell and convey and Buyer hereby agrees to purchase and accept the Property upon the terms
and subject to the conditions set forth in this Contract. For purposes of this Contract the last date
that the Seller or Buyer executes this Contract shall be the Effective Date.
3. Purchase Price and Method of Payment. 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 SIX MILLION
THREE HUNDRED THOUSAND DOLLARS ($6,300,000.00). 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, the sum of THREE
HUNDRED THOUSAND AND NO ONE HUNDREDTHS DOLLARS ($300,000.00)
shall be paid by Buyer to Seller as earnest money deposit hereunder ("gamest Money
peposit"), and deposited in escrow to be held by the law firm of Lowndes, Drosdick,
Doster, Kantor and Reed,P.A. ("Escrow Agent") for the benefit of Buyer and 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 in accordance with the terms hereto and shall be credited to 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 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
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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 7 hereof. Upon termination,
Buyer shall be entitled to a prompt refund of any and all deposit payments previously made by
Buyer. 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. 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 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 the Contract is terminated, Buyer shall be entitled to a prompt 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 Inspections of Property.
(a) Buyer and its architects, engineers and other agents, at Buyer's sole
expense, shall have a period commencing as of the Effective Date of this Contract and
terminating at 5:00 p.m. EST on December 12, 2013 (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; provided,
however, that Buyer shall give Seller reasonable advance notice prior to entry to the
Property,and Seller may have its representative present during any entry. 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
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contemplated by this Contract. Notwithstanding anything to the contrary contained
herein,Buyer shall not cause a"Phase II"or other follow-up environmental inspection to
be performed,nor shall conduct any soil or environmental testing or make any borings of
any kind, or other invasive testing at the Property without Seller's prior written consent,
which may be withheld or conditioned in Seller's sole discretion.
(b) During the Inspection Period, Buyer and Seller agree that an inventory
shall be completed of all personal property contained with the improvements on the
Property,to include,but not be limited to, all seating, staging and related equipment and
all audio visual,broadcast,sound systems and production equipment used and maintained
by Celebration of Praise Church to operate the facility as a church facility,assembly hall
or performance center, to the extent the same have been acquired by Seller pursuant to
the Certificates of Title. The parties agree that they will work together during the
inspection period to determine any items that shall remain on the property and be
transferred to Buyer at closing.
(c) 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 , to include, but not limited to, any and all records related to the
foreclosure action described above, 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.
(d) Notwithstanding the foregoing, Seller will not provide to Buyer the
following(the"Excluded Records"):
(i) any appraisal or other economic evaluations of,or projections with
respect to,all or any portion of the Property,including budgets prepared by or on
behalf of Seller or any affiliate of Seller,
(ii) any loan documents, other correspondence or information related
to any of Seller's or Seller's affiliates'prior loans in connection with the Property;
and
(iii) any documents, materials or information which are subject to
attorney/client, work product or similar privilege, which constitute attorney
communications with respect to the Property and/or Seller,or which are otherwise
confidential or proprietary.
(iv) Seller specifically disclaims and makes no warranties or
representations regarding any documents provided or not provided to Buyer or its
agents by or on behalf of Seller, and has no liability or responsibility regarding
any matters disclosed or not disclosed in such documents. Buyer acknowledges
that Seller has made no representations or warranties of any kind whatsoever to
Buyer as to the accuracy or completeness of the content of any such documents or
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004646111564481153304012
any other information delivered to or made available to Buyer pursuant to this
Contract and its reliance on any such documents and information at its own risk.
By executing this Contract,Buyer acknowledges that it has no right to review any
of the Excluded Records.
(e) 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.
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, made by Buyer shall be promptly 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. Except in the event that Seller breaches any
of the terms and conditions of this Agreement, if Buyer fails to terminate the agreement as
provided in this section 7,all earnest money deposits shall be nonrefundable.
8. Conveyance of Property. At Closing, Seller shall deliver to Buyer: (i) a duly
executed Special 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 and the Church Lease (as hereinafter defined); (ii) an
assignment from Seller to Buyer in a form acceptable to Buyer, assigning all of Seller's right,
title and interest, if any, 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, if any, 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) Seller's counterpart to an assignment and assumption of the Church Lease; (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) Buyer's counterpart to an assignment and assumption of the Church Lease; (xi) a
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0046461%156448%153304M
duly-executed Buyer's closing statement; and (xii) other documents reasonably required by
Seller or the title company in order to consummate the transaction contemplated herein.
9. Closing. 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 December 27, 2013. The Closing shall be completed by a closing agent or attorney as
selected by Seller and shall take place at a location and at such time as shall be mutually agreed
upon between Buyer and Seller.
10. Closing Costs. The Seller shall pay for state documentary stamps required to be
affixed to the Special Warranty Deed, the premium for a standard owner's title insurance policy
to be issued pursuant to the Commitment,and the cost of recording any and all other documents
necessary to deliver good and clear title. The Buyer shall pay for the cost of recording the
Special Warranty Deed, the premium for any endorsements to the standard owner's title
insurance policy requested by Buyer, the documentary stamps, intangible tax, recording costs
and any other costs associated with Buyer's mortgaging of the property,if any, and the premium
for any mortgagee's title policy and all endorsements thereto required by Buyer's lender, if any.
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 and 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.
CELE6.4Thu of?RAIf& CmolcM of 6-oD, T04G. Fco(2 DA 'loT-Fae-
Buyer and Seller acknowledge that possession of th property shall be delivered subject PQvFrrCceporL4rr
to that certain Lease Agreement by and between Seller and�dw' ,
(the "Omsk Lease"). Seller shall provide to Buyer at least fifteen
(15) days prior to the expiration of the Inspection Period a fully executed copy of the Church I/,/
Lease. The Church Lease may be terminated upon sixty (60) days' prior written notice, which
notice Buyer,in its sole discretion, may instruct Seller to deliver following the expiration of the
Inspection Period. However, Buyer and Seller hereby acknowledge, that even if such notice is
promptly given by Seller, Buyer will acquire the Property subject to the remaining term of the
Church Lease.
12. Proration. 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
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(12) months. Buyer and Seller acknowledge that prior Seller's ownership of the Property, the
Property was owned by a tax-exempt entity, and thus no property taxes for the year 2013 are
currently due and payable. To the extent, however, it is determined after closing that property
taxes are due an owing for the 2013 tax year and related to the ownership of the Property by
Seller,Buyer shall notify Seller in writing of the subject tax liability and Seller shall,within sixty
(60)days of the date of the notice,pay or otherwise resolve the tax liability.
13. Representations and Warranties of Seller. 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) Intentionally Deleted.
(c) Intentionally Deleted.
(d) Intentionally Deleted.
(e) Seller 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) Other than pursuant to the Church Lease, 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 other than as granted under the Church
Lease.
(g) Intentionally Deleted.
(h) Intentionally Deleted.
(i) Intentionally Deleted.
0) Intentionally Deleted.
(k) Intentionally Deleted.
(1) Seller is a duly-organized Arkansas banking corporation authorized to
transact business in the State of Florida and has authority to execute this Contract, and
this Contract is binding on Seller.
(m) 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
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004646111564481153304012
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.
(n) 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
it is bound. The statements and representations of Seller set forth in this Contract shall be
true and shall be deemed reaffirmed 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, 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 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 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.
16. Assienability. 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
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0046461115644811533040+2
•
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.
17. J,itItation and Attorneys'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. i5urvival 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,telecopy,or email transmission,with acknowledgment of receipt upon
transmission,to the party entitled or required to receive the same,as follows:
TO SELLER: Centennial Bank
1200 Hillcrest Street
Orlando,Florida 32803
Attn: Cy Norman
Facsimile:(407)371-6872
Email:CNorman@myl9obank,com
WITH A COPY TO: Lowndes,Drosdick,Doster,Kantor&Reed,P.A.
450 South Orange Avenue,Suite 200
Orlando,Florida 32801
Attn: Gary Soles,Esquire
Facsimile: (407)843-4444
Email:gary.soles®lowndes-law.com
TO BUYER: City of Clermont
P.O.Box 120219
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004646111564481533040+2
Clermont,FL 34712-0219
Attn.:Darren Gray,City Manager
Facsimile: (352)394-1452
Email:dgray(a3clermontfl.org
WITH A COPY TO: De Beaubien Knight,Simmons,Mantzaris&
Neal,LLP
332 North Magnolia Avenue
Orlando,Florida 32801
Attention:Daniel F.Mantzaris,Esquire
Fax:(407)992-3541
Email:dfml4Qa dbksmn.com
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 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 m.. :Lion,
amendment or waiver inures. lwe-i-vv.,Nd,wrrpwrLlrirknwv, sa/�yT--rO ;, ESP, THE r o--', ES op RAT loes,
P.A., 02 [3a-Er "So+JEi 71TLE,ti.t., I, \ 41 1
23. Brokerage and Attorney Fees. Seller and Buyer each ac'" ,I.dge that no
broker or finder has been employed by either party and that they each warrant that no
commissions are payable or due to any broker or finde employed by them in connection with
this Contract or the transaction contemplated herein. Seller and Buyer agree to indemnify,
defend and hold the other harmless from and against any commissions or fees or claims for
commissions or fees, including attorney fees, arising under the indemnifying party, which
indemnification shall expressly survive the termination of this Contract and the closing of the
sale and purchase of the Property contemplated by this Contract.
24. Joinder of Escrow Agent: Ditties. The duties of the Escrow Agent are only as
herein specifically provided, and Escrow Agent shall incur no liability whatever except for
willful misconduct or gross negligence as long as the Escrow Agent has acted in good faith. The
Buyer and Seller each release the Escrow Agent from any act done or omitted to be done by the
Escrow Agent in good faith in the performance of its duties hereunder. The Buyer and Seller
hereby authorize the payment of said Earnest Money, by the Escrow Agent in accordance with
the terms and provisions set forth in this Contract. In the event,however,that in the discretion of
the Escrow Agent there exists some doubt as to how or under what circumstances the Earnest
Money shall be disbursed hereunder, and the parties hereto are unable to agree and direct, in
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00464611156441M5330401/1
writing, as to whom or under what circumstances the Escrow Agent shall disburse the same,
Escrow Agent shall be entitled to interplead said Earnest Money and interest into the Circuit
Court of Lake County, Florida, without further liability or responsibility on its part. Costs,
expenses and attorneys' fees associated with any such interpleader shall be deducted from the
amount of the Earnest Money and interest earned thereon. Buyer hereby acknowledges that
Escrow Agent is counsel to Seller and specifically agrees that Seller's counsel shall not be
required to withdraw as and may act as counsel for Seller in connection with any dispute or other
matter arising out of this Agreement or the Property, notwithstanding that Seller's counsel has
also acted as Escrow Agent. Escrow Agent joins in the execution of this Contract for the express
purpose of agreeing and acknowledging the terms and conditions related to the retention and
disbursement of the Ernest Money Deposit funds herein.
25. 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."
26. 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.
27. Acceptance. In the event this Contract is not signed simultaneously by Buyer and
Seller, it shall be considered to be an offer by Buyer to Seller, in which event this offer shall
expire at 5:00 p.m. Eastern Standard time on October 25, 2013 unless a counterpart of this
Contract signed by Seller is received by Buyer prior to that time and date.
28. 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 any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation to this Contract or any Exhibits hereto.
29. Weekends and Holidays. For the purposes of this Agreement, the term
"business Day"refers to any day that is not a Saturday, Sunday or federal,state or legal holiday.
If any deadline or date for performance under this Agreement falls on a Saturday, Sunday or any
federal, state or legal holiday, then that deadline or date for performance will be extended to the
next succeeding Business Day.
30. Waiver of Jury trial. EXCEPT AS PROHIBITED BY LAW, ALL PARTIES
HERETO COVENANT AND AGREE THAT NONE SHALL SEEK A JURY TRIAL ON ANY
LAWSUIT, PROCEEDINGS OR COUNTERCLAIM BASED UPON, OR ARISING OUT OF
THIS CONTRACT, ANY DOCUMENTS EXECUTED IN CONNECTION HEREWITH, OR
THE RELATIONSHIP BETWEEN THE PARTIES. FURTHERMORE,NO PARTY HERETO
11
00464611156448115330404
SHALL SEER TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN
WAIVED WITH ANY ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.
IN WITNESS WHEREOF, Seller and Buyer have each caused this Contract for Sale
and Purchase to be executed as of dates set forth below, and Escrow Agent has joined this
Contract for the purposes of Section 24 hereof.
The City of Clermont
Attest: a Florida municipal corporation
1 -;tr
B LAW, 1(.
Tracy Ackro d,City Cle r- Mayor Harold Turville,Jr.
Date:Cr+b‘Par ZZ 2D13 Date:cbyrpe(2Z,Z 013
Attest: Centennial Bank
By OA : // , . :g
Gorporato- ee y- Ti 7t' 7T►i
1
OCi �13 Date: • 1.;'Iti'Em/
Date: �-T' �J
Escrow Agent
By:
Title:
Date:
12
004646111564484533040V2
EXHIBIT"A"
LEGAL DESCRIPTION FOR PARCEL 1
Parcel 1:
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA;THENCE N89°19'34"W,ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926.75 FEET; THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589.95 FEET; THENCE N58°19'00"W, 194.65 FEET;
THENCE N32°49'14"E, 48.13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184.42 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185.48 FEET TO THE POINT OF TANGENCY; THENCE
N24°48'16"W, 283.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134.96 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285.40 FEET TO THE POINT OF TANGENCY;
THENCE S83°37'57"E, 172.27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U.S.HIGHWAY NO.27; THENCE S24°47133" E,ALONG SAID RIGHT OF WAY
LINE, 994.30 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E,384.37 FEET TO THE POINT OF BEGINNING.
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858,PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952,PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA.
TOGETHER WITH:
ALL TANGIBLE PERSONAL PROPERTY, INTANGIBLE PERSONAL PROPERTY AND
FIXTURES DESCRIBED IN THE SUBJECT B LOAN DOCUMENTS RELATING TO
PARCEL 1 ABOVE INCLUDING, BUT NOT LIMITED TO THAT CERTAIN REAL ESTATE
MORTGAGE AND SECURITY AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK
3474, PAGE 664 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;
ASSIGNMENT OF LEASES, RENTALS AND PROFITS RECORDED IN OFFICIAL RECORDS
BOOK 3474, PAGE 676 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;
COLLATERAL ASSIGNMENT OF DEVELOPMENT RIGHTS, CONTRACTS, PERMITS AND
LICENSES AND UTILITY RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 3474,
PAGE 687 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-1
FINANCING STATEMENT ENCUMBERING CERTAIN COLLATERAL DESCRIBED
13
00464611156448U 533040v2
THEREIN IN OFFICIAL RECORDS BOOK 3489, PAGE 700, OF THE PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA; UCC-1 FINANCING STATEMENT ENCUMBERING
CERTAIN COLLATERAL DESCRIBED THEREIN IN THE FLORIDA SECURED
TRANSACTIONS REGISTRY AS FILE NO. 200706272054; UCC-3 AMENDMENT IN
OFFICIAL RECORDS BOOK 3936, PAGE 1931, OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; UCC-3 AMENDMENT IN THE FLORIDA SECURED
TRANSACTIONS REGISTRY AS FILE NO. 201003007137; MORTGAGE AND NOTE
MODIFICATION AND RENEWAL AGREEMENT IN OFFICIAL RECORDS BOOK 4102,
PAGE 1272, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-3
AMENDMENT IN OFFICIAL RECORDS BOOK 4194, PAGE 2045 OF THE PUBLIC
RECORDS OF LAKE COUNTY,FLORIDA.
LEGAL DESCRIPTION FOR PARCEL 2
TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42,43, 44, 47
AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST,LAKE COUNTY,FLORIDA.
LESS AND EXCEPT:
THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U.S. HIGHWAY 27 -
FORMERLY NO. 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH,RANGE 26 EAST, LYING
WESTERLY OF THE SURVEY LINE OF STATE ROAD 25,SECTION 11200 AND WITHIN
A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532+00 TO 112 FEET AT
STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS
BEING LOCATED AS FOLLOWS:
COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23
SOUTH,RANGE 26 EAST,LOCATED 1300.17 FEET NORTHERLY OF THE SOUTHEAST
CORNER OF SAID SECTION 5; THENCE RUN SOUTH 26°52'00" EAST 28.21 FEET TO
THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00;
THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT
STATION 1537+00.
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952,PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA.
LESS
14
0046461115644811533040x2
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO.27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA;THENCE N89°19'34"W. ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926.75 FEET; THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589.95 FEET; THENCE N58°19'00"W, 194.65 FEET;
THENCE N32°49'14"E, 48.13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184.42 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185.48 FEET TO THE POINT OF TANGENCY; THENCE
N24°48'16"W,283.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134.96 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285.40 FEET TO THE POINT OF TANGENCY;
THENCE S83°37'57"E. 172.27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U.S. HIGHWAY NO. 27; THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY
LINE, 994.30 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°5025"E,384.37 FEET TO THE POINT OF BEGINNING.
AND LESS AND EXCEPT
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK
FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA; THENCE ALONG THE SOUTH BOUNDARY OF SAID
PLAT, N. 89°20'43" W, A DISTANCE OF 734.45 FEET TO THE POINT OF BEGINNING.
THENCE DEPARTING SAID SOUTH BOUNDARY, S. 00°39'17" W., A DISTANCE OF
84.24 FEET; THENCE S. 44°20'43" E, A DISTANCE OF 224.08 FEET; THENCE S.
00°39'17" W., A DISTANCE OF 326.26 FEET;THENCE S.45°39'17" W.,A DISTANCE OF
117.94 FEET; THENCE N. 89°20'43" W., A DISTANCE OF 331.69 FEET; THENCE N.
00°39'17" E., A DISTANCE OF 652.35 FEET TO AFORESAID SOUTH BOUNDARY;
THENCE ALONG SAID SOUTH BOUNDARY, S. 89°20'43"E., A DISTANCE OF 256.64
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
15
004491611156448M 533040d
ALL TANGIBLE PERSONAL PROPERTY, INTANGIBLE PERSONAL PROPERTY AND
FIXTURES DESCRIBED IN THE SUBJECT LOAN A DOCUMENTS INCLUDING, BUT
NOT LIMITED TO THAT CERTAIN REAL ESTATE MORTGAGE AND SECURITY
AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 637 OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ASSIGNMENT OF LEASES,
RENTALS AND PROFITS RECORDED IN OFFICIAL RECORDS BOOK 3474, PAGE 648
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; COLLATERAL
ASSIGNMENT OF DEVELOPMENT RIGHTS, CONTRACTS, PERMITS AND LICENSES
AND UTILITY RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 3474,PAGE 658 OF
THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; UCC-1 FINANCING
STATEMENT ENCUMBERING CERTAIN COLLATERAL DESCRIBED THEREIN IN
OFFICIAL RECORDS BOOK 3489, PAGE 702, OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; UCC-1 FINANCING STATEMENT ENCUMBERING CERTAIN
COLLATERAL DESCRIBED THEREIN IN THE FLORIDA SECURED TRANSACTIONS
REGISTRY AS FILE NO. 200706272062;ASSIGNMENT OF SECURITY INSTRUMENTS AND
OTHER LOAN DOCUMENTS RECORDED ON MAY 12, 2010 IN OFFICIAL RECORDS
BOOK 3904, PAGE 1682 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;
UCC-3 AMENDMENT IN OFFICIAL RECORDS BOOK 3936,PAGE 1930,OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA; UCC-3 AMENDMENT IN THE FLORIDA
SECURED TRANSACTIONS REGISTRY AS FILE NO. 201003007145; NOTE AND
MORTGAGE MODIFICATION AND RENEWAL AGREEMENT IN OFFICIAL RECORDS
BOOK 3936, PAGE 1914, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;
MORTGAGE AND NOTE MODIFICATION AND RENEWAL AGREEMENT IN OFFICIAL
RECORDS BOOK 4102, PAGE 1263, OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; UCC-3 AMENDMENT IN OFFICIAL RECORDS BOOK 4194, PAGE 2046, OF
THE PUBLIC RECORDS OF LAKE COUNTY,FLORIDA.
16
0046461\15644811333040v2
Fidelity National Title
Insurance Conipan)
POLICY NO 5887-1-0046461/156448-2014 2730609-90596503
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
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 Section 18 of the Conditions
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,FIDELITY
NATIONAL TITLE INSURANCE COMPANY,a California corporation,(the"Company")insures,as of Date of Policy,against loss or damage,not exceeding the Amount
of Insurance,sustained or incurred by the Insured by reason of
1 Title being vested other than as stated in Schedule A
2 Any defect in or lien or encumbrance on the Title This Covered Risk 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,
(n) failure of any person or Entity to have authorized a transfer or conveyance,
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered,
(iv) 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 failure to perform those acts by electronic means authorized by
law,or
(vii) a defective judicial or administrative proceeding
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid
(c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete
land survey of the Land The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and
encroachments onto the Land of existing improvements located on adjoining land
3 Unmarketable Title
4 No right of access to and from the Land
5 The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,
prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land,
(b) the character,dimensions,or location of any improvement erected on the Land,
(c) the subdivision of land,or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the
violation or enforcement referred to in that notice
6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing
any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice
7 The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records
8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge
9 Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any
interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or
preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws,or
ALTA Owners Policy(6/17/06)
2730609 1 of 6 (with Fionda Modifications)
Immo
Copyright American Land Title Association All nghts reserved The use of this Form is restricted to ALTA licensees and ALTA members in good +e 3
standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or
similar creditors'rights laws by reason of the failure of its recording in the Public Records
(I) to be timely,or
(ii) 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 Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests
Title as shown in Schedule A
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
In Witness Whereof,FIDELITY NATIONAL TITLE INSURANCE COMPANY,has caused this policy to be signed and sealed as of Date of Policy shown in Schedule
A,the policy to become valid when countersigned by an authorized signatory of the Company
Fidelity National
jj�Title Insurance Company
(#ij 041 f,p2.!r
t X; 1377 t d3o4jni
ist
44,41 9A44
Countersigned
Authorized Signatory
5887FL 0046461/156448
Lowndes,Drosdtck,Doster,Kantor&Reed,P A
215 N Eola Dr
Orlando,FL 32801
Tel (407)843-4600
Fax (407)423-4495
ALTA Owners Policy(6/17/06)
2730609 2 of 6 (with Florida Modifications)
&4 xpe<`b
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good sau,
standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this (a) created,suffered,assumed,or agreed to by the Insured Claimant,
policy,and the Company will not pay loss or damage,costs,attorneys'fees, (b) not Known to the Company,not recorded in the Public Records at
or expenses that arise by reason of Date of Policy,but Known to the Insured Claimant and not disclosed
1 (a) Any law,ordinance,permit,or governmental regulation(including in writing to the Company by the Insured Claimant prior to the date
those relating to building and zoning)restricting,regulating,prohibiting,or the Insured Claimant became an Insured under this policy,
relating to (c) resulting in no loss or damage to the Insured Claimant,
(d) attaching or created subsequent to Date of Policy,or
(i) the occupancy,use,or enjoyment of the Land, (e) resulting in loss or damage that would not have been sustained if the
(ii) the character,dimensions,or location of any improvement Insured Claimant had paid value for the Title
erected on the Land, 4 Any claim,by reason of the operation of federal bankruptcy,state
(iii) the subdivision of land,or insolvency,or similar creditors'rights laws,that the transaction vesting the
(iv) environmental protection, Title as shown in Schedule A,is
or the effect of any violation of these laws,ordinances,or (a) a fraudulent conveyance or fraudulent transfer,or
governmental regulations This Exclusion 1(a)does not modify or limit (b) a preferential transfer for any reason not stated in Covered Risk 9 of
the coverage provided under Covered Risk 5 this policy
(b) Any governmental police power This Exclusion 1(b)does not modify
or limit the coverage provided under Covered Risk 6 5 Any lien on the Title for real estate taxes or assessments imposed by
2 Rights of eminent domain This Exclusion does not modify or limit the governmental authority and created or attaching between Date of Policy
coverage provided under Covered Risk 7 or 8 and the date of recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A
3 Defects,liens,encumbrances,adverse claims,or other matters
CONDITIONS
1 DEFINITION OF TERMS Insured named in Schedule A for estate planning
The following terms when used in this policy mean purposes
(a) "Amount of Insurance" The amount stated in Schedule A,as may be (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights
increased or decreased by endorsement to this policy,increased by and defenses as to any successor that the Company would have
Section 8(b),or decreased by Sections 10 and 11 of these had against any predecessor Insured
Conditions (e) "Insured Claimant" An Insured claiming loss or damage
(b) "Date of Policy" The date designated as"Date of Policy"in Schedule (f) "Knowledge"or"Known" Actual knowledge,not constructive
A knowledge or notice that may be imputed to an Insured by reason of
(c) "Entity" A corporation,partnership,trust,limited liability company,or the Public Records or any other records that impart constructive
other similar legal entity notice of matters affecting the Title
(d) "Insured" The Insured named in Schedule A (g) "Land" The land described in Schedule A,and affixed improvements
(i) The term"Insured"also includes that by law constitute real property The term"Land"does not include
any property beyond the lines of the area described in Schedule A,
(A) successors to the Title of the Insured by operation of law nor any right,title,interest,estate,or easement in abutting streets,
as distinguished from purchase,including heirs,devisees, roads,avenues,alleys,lanes,ways,or waterways,but this does not
survivors,personal representatives,or next of kin, modify or limit the extent that a right of access to and from the Land is
(B) successors to an Insured by dissolution,merger, insured by this policy
consolidation,distribution,or reorganization, (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security
(C) successors to an Insured by its conversion to another kind instrument,including one evidenced by electronic means authorized
of Entity, by law
(D) a grantee of an Insured under a deed delivered without (i) "Public Records" Records established under state statutes at Date of
payment of actual valuable consideration conveying the Policy for the purpose of imparting constructive notice of matters
Title relating to real property to purchasers for value and without
(1) if the stock,shares,memberships,or other equity Knowledge With respect to Covered Risk 5(d),"Public Records"shall
interests theesto stock,shares,memberships,
are wholly-owned oth other
equi also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land
named Insured, is located
(2) if the grantee wholly owns the named Insured, 0) "Title" The estate or interest described in Schedule A
(3) if the grantee is wholly-owned by an affiliated Entity of (k) "Unmarketable Title" Title affected by an alleged or apparent matter
the named Insured,provided the affiliated Entity and that would permit a prospective purchaser or lessee of the Title or
the named Insured are both wholly-owned by the lender on the Title to be released from the obligation to purchase,
same person or Entity,or lease,or lend if there is a contractual condition requiring the delivery
(4) if the grantee is a trustee or beneficiary of a trust of marketable title
created by a written instrument established by the
ALTA Owners Policy(6/17/06)
2730609 3 of 6 (with Florida Modifications)
Copyright American Land Title Association All nghts reserved The use of this Form is restricted to ALTA licensees and ALTA members in good ,n ',
standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association
2 CONTINUATION OF INSURANCE 6 DUTY OF INSURED CLAIMANT TO COOPERATE
The coverage of this policy shall continue in force as of Date of Policy in (a) In all cases where this policy permits or requires the Company to
favor of an Insured,but only so long as the Insured retains an estate or prosecute or provide for the defense of any action or proceeding and
interest in the Land,or holds an obligation secured by a purchase money any appeals,the Insured shall secure to the Company the right to so
Mortgage given by a purchaser from the Insured,or only so long as the prosecute or provide defense in the action or proceeding,including
Insured shall have liability by reason of warranties in any transfer or the right to use,at its option,the name of the Insured for this purpose
conveyance of the Title This policy shall not continue in force in favor of Whenever requested by the Company,the Insured,at the Company's
any purchaser from the Insured of either(i)an estate or interest in the expense,shall give the Company all reasonable aid(i)in securing
Land,or(II)an obligation secured by a purchase money Mortgage given to evidence,obtaining witnesses,prosecuting or defending the action or
the Insured proceeding,or effecting settlement,and(u)in any other lawful act that
3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT 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
The Insured shall notify the Company promptly in writing(i)in case of any prejudiced by the failure of the Insured to furnish the required
litigation as set forth in Section 5(a)of these Conditions,(il)in case cooperation,the Company's obligations to the Insured under the
Knowledge shall come to an Insured hereunder of any claim of title or policy shall terminate,including any liability or obligation to defend,
interest that is adverse to the Title,as insured,and that might cause loss prosecute,or continue any litigation,with regard to the matter or
or damage for which the Company may be liable by virtue of this policy,or matters requiring such cooperation
(iii)if the Title,as insured,is rejected as Unmarketable Title If the (b) The Company may reasonably require the Insured Claimant to submit
Company is prejudiced by the failure of the Insured Claimant to provide to examination under oath by any authorized representative of the
prompt notice,the Company's liability to the Insured Claimant under the Company and to produce for examination,inspection,and copying,at
policy shall be reduced to the extent of the prejudice such reasonable times and places as may be designated by the
4 PROOF OF LOSS authorized representative of the Company,all records,in whatever
medium maintained,including books,ledgers,checks,memoranda,
In the event the Company is unable to determine the amount of loss or correspondence,reports,e-mails,disks,tapes,and videos whether
damage,the Company may,at its option,require as a condition of bearing a date before or after Date of Policy,that reasonably pertain
payment that the Insured Claimant furnish a signed proof of loss The to the loss or damage Further,if requested by any authorized
proof of loss must describe the defect,lien,encumbrance,or other matter representative of the Company,the Insured Claimant shall grant its
insured against by this policy that constitutes the basis of loss or damage permission,in writing,for any authorized representative of the
and shall state,to the extent possible,the basis of calculating the amount Company to examine,inspect,and copy all of these records in the
of the loss or damage custody or control of a third party that reasonably pertain to the loss
or damage All information designated as confidential by the Insured
5 DEFENSE AND PROSECUTION OF ACTIONS Claimant provided to the Company pursuant to this Section shall not
(a) Upon written request by the Insured,and subject to the options be disclosed to others unless,in the reasonable judgment of the
contained in Section 7 of these Conditions,the Company,at its own Company,it is necessary in the administration of the claim Failure of
cost and without unreasonable delay,shall provide for the defense of the Insured Claimant to submit for examination under oath,produce
an Insured in litigation in which any third party asserts a claim any reasonably requested information,or grant permission to secure
covered by this policy adverse to the Insured This obligation is reasonably necessary information from third parties as required in this
limited to only those stated causes of action alleging matters insured subsection,unless prohibited by law or governmental regulation,shall
against by this policy The Company shall have the right to select terminate any liability of the Company under this policy as to that
counsel of its choice(subject to the right of the Insured to object for claim
reasonable cause)to represent the Insured as to those stated causes 7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS,TERMINATION
of action It shall not be liable for and will not pay the fees of any other OF LIABILITY
counsel The Company will not pay any fees,costs,or expenses
incurred by the Insured in the defense of those causes of action that In case of a claim under this policy,the Company shall have the following
allege matters not insured against by this policy additional options
(b) The Company shall have the right,in addition to the options (a) To Pay or Tender Payment of the Amount of Insurance To pay or
contained in Section 7 of these Conditions,at its own cost,to institute tender payment of the Amount of Insurance under this policy together
and prosecute any action or proceeding or to do any other act that in with any costs,attorneys'fees,and expenses incurred by the Insured
its opinion may be necessary or desirable to establish the Title,as Claimant that were authorized by the Company up to the time of
insured,or to prevent or reduce loss or damage to the Insured The payment or tender of payment and that the Company is obligated to
Company may take any appropriate action under the terms of this pay
policy,whether or not it shall be liable to the Insured The exercise of
these rights shall not be an admission of liability or waiver of any Upon the exercise by the Company of this option,all liability and
provision of this policy If the Company exercises its rights under this obligations of the Company to the Insured under this policy,other
subsection,it must do so diligently than to make the payment required in this subsection,shall terminate,
(c) Whenever the Company brings an action or asserts a defense as including any liability or obligation to defend,prosecute,or continue
required or permitted by this policy,the Company may pursue the any litigation
litigation to a final determination by a court of competent jurisdiction, (b) To Pay or Otherwise Settle With Parties Other Than the Insured or
and it expressly reserves the right,in its sole discretion,to appeal any With the Insured Claimant
adverse judgment or order
(i) to pay or otherwise settle with other parties for or in the name of
an Insured Claimant any claim insured against under this policy
In addition,the Company will pay any costs,attorneys'fees,and
ALTA Owner's Policy(6/17/06)
2730609 4 of 6 (with Florida Modifications)
arm
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good ,�,:iG,
standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association
r °t
4 ■ 1
,expenses incurred by the Insured Claimant that were authorized , 11 LIABILITY NONCUMULATIVE
by the Company up to the time of payment and that the The Amount of Insurance shall be reduced by any amount the Company
Company is obligated to pay,or
(ii) to pay or otherwise settle with the Insured Claimant the loss or pays under any policy insuring a Mortgage to which exception is taken in
damage provided for under this policy,together with any costs, Schedule B or to which the Insured has agreed,assumed,or taken
attorneys'fees,and expenses incurred by the Insured Claimant subject,or which is executed by an Insured after Date of Policy and which
that were authorized by the Company up to the time of payment is a charge or lien on the Title,and the amount so paid shall be deemed a
and that the Company is obligated to pay payment to the Insured under this policy
Upon the exercise by the Company of either of the options provided 12 PAYMENT OF LOSS
for in subsections(b)(i)or(ii),the Company's obligations to the When liability and the extent of loss or damage have been definitely fixed
Insured under this policy for the claimed loss or damage,other than in accordance with these Conditions,the payment shall be made within 30
the payments required to be made,shall terminate,including any days
liability or obligation to defend,prosecute,or continue any litigation
13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
8 DETERMINATION AND EXTENT OF LIABILITY
(a) Whenever the Company shall have settled and paid a claim under
This policy is a contract of indemnity against actual monetary loss or this policy,it shall be subrogated and entitled to the rights of the
damage sustained or incurred by the Insured Claimant who has suffered Insured Claimant in the Title and all other rights and remedies in
loss or damage by reason of matters insured against by this policy respect to the claim that the Insured Claimant has against any person
(a) The extent of liability of the Company for loss or damage under this or property,to the extent of the amount of any loss,costs,attorneys'
policy shall not exceed the lesser of fees,and expenses paid by the Company If requested by the
Company,the Insured Claimant shall execute documents to evidence
(I) the Amount of Insurance,or the transfer to the Company of these rights and remedies The
(II) the difference between the value of the Title as insured and the Insured Claimant shall permit the Company to sue,compromise,or
value of the Title subject to the risk insured against by this settle in the name of the Insured Claimant and to use the name of the
policy Insured Claimant in any transaction or litigation involving these rights
(b) If the Company pursues its rights under Section 5 of these Conditions and remedies
and is unsuccessful in establishing the Title,as insured, If a payment on account of a claim does not fully cover the loss of the
0) the Amount of Insurance shall be increased by 10%,and Insured Claimant,the Company shall defer the exercise of its right to
(n) the Insured Claimant shall have the right to have the loss or recover until after the Insured Claimant shall have recovered its loss
damage determined either as of the date the claim was made by (b) The Company's right of subrogation includes the rights of the Insured
the Insured Claimant or as of the date it is settled and paid to indemnities,guaranties,other policies of insurance,or bonds,
notwithstanding any terms or conditions contained in those
(c) In addition to the extent of liability under(a)and(b),the Company will instruments that address subrogation rights
also pay those costs,attorneys'fees,and expenses incurred in 14 ARBITRATION
accordance with Sections 5 and 7 of these Conditions
9 LIMITATION OF LIABILITY Unless prohibited by applicable law,arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association may be
(a) If the Company establishes the Title,or removes the alleged defect, demanded if agreed to by both the Company and the Insured at the time of
hen,or encumbrance,or cures the lack of a right of access to or from a controversy or claim Arbitrable matters may include,but are not limited
the Land,or cures the claim of Unmarketable Title,all as insured,in a to,any controversy or claim between the Company and the Insured arising
reasonably diligent manner by any method,including litigation and the out of or relating to this policy,and service of the Company in connection
completion of any appeals,it shall have fully performed its obligations with its issuance or the breach of a policy provision or other obligation
with respect to that matter and shall not be liable for any loss or Arbitration pursuant to this policy and under the Rules in effect on the date
damage caused to the Insured the demand for arbitration is made or,at the option of the Insured,the
(b) In the event of any litigation,including litigation by the Company or Rules in effect at Date of Policy shall be binding upon the parties The
with the Company's consent,the Company shall have no liability for award may include attorneys'fees only if the laws of the state in which the
loss or damage until there has been a final determination by a court Land is located permit a court to award attorneys'fees to a prevailing
of competent jurisdiction,and disposition of all appeals,adverse to party Judgment upon the award rendered by the Arbitrator(s)may be
the Title,as insured , entered in any court having jurisdiction thereof
(c) The Company shall not be liable for loss or damage to the Insured for The law of the situs of the land shall apply to an arbitration under the Title
liability voluntarily assumed by the Insured in settling any claim or suit Insurance Arbitration Rules A copy of the Rules may be obtained from the
without the prior written consent of the Company Company upon request
10 REDUCTION OF INSURANCE,REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy,except payments made for costs,attorneys'
fees,and expenses,shall reduce the Amount of Insurance by the amount
of the payment
ALTA Owner's Policy(6/17/06)
2730609 5 of 6 (with Florida Modifications)
M
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA members in good A iir
standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association ,E,«
15 LIABILITY LIMITED TO THIS POLICY,POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements,if any,attached to it by the
Company is the entire policy and contract between the Insured and
the Company In interpreting any provision of this policy,this policy
shall be construed as a whole
(b) Any claim of loss or damage that arises out of the status of the Title
or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy
(c) Any amendment of or endorsement to this policy must be in writing
and authenticated by an authorized person,or expressly incorporated
by Schedule A of this policy
(d) Each endorsement to this policy issued at any time is made a part of
this policy and is subject to all of its terms and provisions Except as
the endorsement expressly states,it does not(I)modify any of the
terms and provisions of the policy,(II)modify any prior endorsement,
(iii)extend the Date of Policy,or(iv)increase the Amount of
Insurance
16 SEVERABILITY
In the event any provision of this policy,in whole or in part,is held invalid
or unenforceable under applicable law,the policy shall be deemed not to
include that provision or such part held to be invalid,but all other
provisions shall remain in full force and effect
17 CHOICE OF LAW,FORUM
(a) Choice of Law The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation,rights,remedies,
or enforcement of policies of title insurance of the jurisdiction where
the Land is located
(b) Therefore,the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy In neither case shall the
court or arbitrator apply its conflicts of law principles to determine the
applicable law
(c) 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 within the United States of America or its territories having
appropriate jurisdiction
18 NOTICES,WHERE SENT
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 Fidelity National Title Insurance Company,Attn Claims Department,
P 0 Box 45023,Jacksonville,FL 32232-5023
ALTA Owner's Policy(6/17/06)
2730609 6 of 6 (with Flonda Modifications)
=
Copyright American Land Title Association All nghts reserved The use of this Form is restricted to ALTA licensees and ALTA members in good t V9, day
standing as of the date of use All other uses are prohibited Reprinted under license from the Amencan Land Title Association
Ir
Fidelity National Title
Onn insurance Company
OWNER'S POLICY
SCHEDULE A
Name and Address of Title Insurance Company ("Company") and Issuing Agent
Company Fidelity National Title Insurance Company
2400 Maitland Center Parkway,#200,
Maitland, FL 32751-7442
Issuing Agent Lowndes, Drosdick, Doster, Kantor& Reed, P A
215 North Eola Drive
Orlando, FL 32801-2028
File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503
Address Reference 3700 Highway 27 South, Clermont, Lake County, Florida
(For information only)
Amount of Insurance $6,300,000.00
Date of Policy January 6,2014 @ 8:02:01 A.M.
1 Name of Insured
CITY OF CLERMONT,A FLORIDA MUNICIPAL CORPORATION
2 The estate or interest in the land (hereinafter referred to as the"Land") that is encumbered by this policy is
FEE SIMPLE
3 Title is vested in
CITY OF CLERMONT, A FLORIDA MUNICIPAL CORPORATION
4 The Land referred to in this policy is described in Exhibit"A" attached hereto and made a part hereof
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE
AND TO PROVIDE ASSISTANCE IS 1-800-669-7450
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida
Schedule A 1 of 7 Modifications)
Copyright American Land Title Association AU rights reserved The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title AND TIM
Association ON
Fidelity National Title
Afn)e Insurance Company
OWNER'S POLICY
SCHEDULE A (CONTINUED)
File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Parcel 1
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP
23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2,
PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS
BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S
HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH LINE OF
SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN
N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49114"E, 48 13
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A
RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 57°3T30", A DISTANCE OF 185 48 FEET TO THE POINT OF
TANGENCY, THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E,
172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27,
THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE
ALONG SAID RIGHT OF WAY LINE S20°5025"E, 384 37 FEET TO THE POINT OF BEGINNING
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LEGAL DESCRIPTION FOR PARCEL 2
TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54
OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY,
FLORIDA
LESS AND EXCEPT
THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 - FORMERLY
0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida
Schedule A 2 of 7 Modifications)
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title ND TIT F
Association
ASSOCIATION
Fidelity National Titles
Insurance Company
OWNER'S POLICY
SCHEDULE A (CONTINUED)
File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503
NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, IN SECTION 5,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WESTERLY OF THE SURVEY LINE OF STATE
ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE TRANSITION OF 145 FEET AT
STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID SURVEY LINE BEING
DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS
COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST CORNER OF
SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO THE BEGINNING OF
THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, THENCE NORTH 26°52'00" WEST
500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+ 00
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LESS
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5, TOWNSHIP
23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2,
PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS
BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S
HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH LINE OF
SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID NORTH LINE, RUN
N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A
RADIUS OF 184 42 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY,
THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A DISTANCE
OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27 FEET TO THE
AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27, THENCE S24°47'33"
E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT
OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
AND LESS AND EXCEPT
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO
BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS
0046461\156448\1552955vI ALTA Owner's Policy(6/17/06)(with Florida
Schedule A 3 of 7 Modifications)
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Nu0.TIT E
Association ASSOCIATION
Fidelity National Title
Enn i Insurance Company
OWNER'S POLICY
SCHEDULE A (CONTINUED)
File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503
RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N
89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE
DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET,
THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°3917" W , A DISTANCE
OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE N 89°20'43"
W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF 652 35 FEET TO
AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A
DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING
0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida
Schedule A 4 of 7 Modifications)
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title
AMERICAN
Association ON
('- Fidelity National Title
�� Insurance Company OWNER'S POLICY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
File No 0048481/156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of
1 The lien of all taxes and assessments for the year 2014, and subsequent years, and taxes and assessments
levied and/or assessed subsequent to the date hereof
2 Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by
law and not shown in the public records
3 Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an
accurate survey or inspection of the Subject Property
4 Any adverse claim to any portion of said land which has been created by artificial means or has accreted
to any such portion so created and riparian rights, if any
5 Grant of Non-exclusive Easement in favor of Lake Utility Services, Inc , recorded November 7, 2000 in
Official Records Book 1877, Page 1840, Public Records of Lake County, Florida
6 Temporary Non-exclusive Construction Easement Deed and Perpetual Grading Easement recorded
June 15, 2004 in Official Records Book 2592, Page 1755, Public Records of Lake County, Florida
7 Temporary Construction Easement recorded August 11, 2005 in Official Records Book 2916, Page 441,
Public Records of Lake County, Florida
8 Perpetual Right of Way Easement in favor of Sumter Electric Cooperative Inc recorded April 21, 2006
in Official Records Book 3142, Page 96, Public Records of Lake County, Florida
9 Reciprocal Easement Agreement with Covenants and Conditions by and between PDG/Inland Tuscany
Village Venture, LLC and Celebration of Praise Church of God recorded March 26, 2010 in Official
Records Book 3887, Page 874, Public Records of Lake County, Florida
10 Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Monte Vista
Park Farms, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida
11 Grant of Easement by and between Mike Green, Edwin Rodriguez and Waymon Miller as trustees of
Celebration of Praise Church of God and Lake Utility Services, Inc recorded January 14, 2013 in
Official Records Book 4265, Page 1751, Public Records of Lake County, Florida
0046461\156448\1552955v1 ALTA Owner's Policy(6/17/06)(with Florida
Schedule B 5 of 7 Modifications)
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title :V.r`r E
Association ASSOCIATION
r Fidelity National Title
��� Insurance Company
OWNER'S POLICY
SCHEDULE B (CONTINUED)
File No 00484811156448 Policy No 5887-1-0046461/156448-2014.2730609-90596503
12 Perpetual Right-of-Way Easement in favor of Sumter Electric Cooperative, Inc recorded April 3, 2013
in Official Records Book 4302, Page 2220, Public Records of Lake County, Florida
13 Perpetual Utility Easement in favor of Sumter Electric Cooperative, Inc recorded September 4, 2013 in
Official Records Book 4374, Page 1997, Public Records of Lake County, Florida
[END OF SCHEDULE B]
0046461\156448\1552955v1
30609 ALTA Owner's Policy(6/17/06)(with Florida
Schedule B 6 of 7 Modifications)
Copyright American Land Title Association All rights reserved The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title LAND�t E
Association oN
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SERVICE, QUALITY AND AVAILABILITY
Fidelity National Title Insurance Company cares about its customers and their ability to obtain
information and service on a convenient, timely and accurate basis Lowndes, Drosdick, Doster,
Kantor & Reed, P A , as Issuing Agent, can assist you with questions about this Policy and with
further title insurance needs, and should be contacted at the following address
LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A.
215 NORTH EOLA DRIVE (ZIP CODE 32801-2028)
POST OFFICE BOX 2809
ORLANDO, FLORIDA 32802-2809
TELEPHONE: (407) 843-4600
TELEFAX: (407) 843-4444
(Ask for the Real Estate Department or representative who signed this Policy)
In addition, Fidelity National Title Insurance Company has a qualified staff of service representatives
dedicated to serving you A toll-free number is available for your convenience in obtaining
information about coverage and to provide assistance in resolving complaints during normal business
hours 1-800-669-7450
0046461\156448\1552955v1
Page 7 of 7
INSTRUMENT 12014001051
OR BK 4423 PG 1573-1578 (6 PGS)
R1c DATE 1/6/2014 8 02 01 AM
�y NEIL KELLY,CLERK OF THE CIRCUIT COURT
LAKE COUNTY
f RECORDING FEES$52 50 DEED DOC$44100 00
This instrument was prepared by
and should be returned to
Michael S Provenzale, Esquire
Lowndes, Drosdick, Doster, Kantor
& Reed, P A
Post Office Box 2809
Orlando, FL 32802-2809
Tax ID Nos 1323250405-033-00001
0523260004-000-00300
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made and executed as of the 2.0 day of
y, 2013, by CENTENNIAL BANK, an Arkansas banking corporation, having an
address of 1200 Hillcrest Street, Orlando, Florida 32803 (hereinafter referred to as the
"Grantor") to the CITY OF CLERMONT, a Florida municipal corporation, having an address
of P 0 Box 120219 Clermont, Florida 34769 (hereinafter referred to as the "Grantee"),
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10 00) and
other valuable considerations, the receipt and sufficiency of which are hereby acknowledged by
these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the
Grantee those certain pieces, parcels or tracts of land situated in Lake County, Florida,
particularly described on Exhibit "A" attached hereto (hereinafter referred to as the "Subject
Property"),
TOGETHER WITH all the tenements, hereditaments, easements and appurtenances,
including riparian rights, if any, thereto belonging or in anywise appertaining,
TO HAVE AND TO HOLD the Subject Property in fee simple forever
AND the Grantor does hereby covenant with and warrant to the Grantee that the Grantor
is lawfully seized of the Subject Property in fee simple, that the Grantor has good right and
lawful authority to sell and convey the Subject Property, and that the Grantor fully warrants the
title to the Subject Property and will defend the same against the lawful claims of all persons
claiming by, through or under the Grantor, but against none other
THE conveyance made herein, however, is expressly made SUBJECT TO ad valorem
real property taxes and assessments for the year 2013 and thereafter, and the Title Exceptions set
forth on Exhibit "B" attached hereto, if any, the reference to which shall not operate to reimpose
the same
[INTENTIONALLY BLANK]
1
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in
manner and form sufficient to bind it as of the day and year first above written
Signed, sealed and delivered CENTENNIAL BANK, an Arkansas banking
in the presenc f corporation
jacA.....d
PO
By JA..i ■Name 1 \ �:��T , 1/ Na e �I 0! �'-! _,:��Y ��:L#e
Title &II& M 7 Iii %v
a P Paw_
Na 111. Main • I
STATE OF P
COUNTY OF
The foregoing instrument was acknowled ed before me this da of
QCQTh\ Y , 2013, by DJ'QSPt L��k as S Y ►rice pr.�sl c,�i of
CENTENNIAL BANK, an Arkansas banking corporation, on behalf of the bank He/she is
personally known to me or has produced as identification
(NOTARY SEAL) ?Dc. 0._\)111.)K.
ignature of Notary Public
N r
ous,"oa Notary Public State of Flonda
Connie Bacher Typed or Printed Name ofl ptArz My mission E
Ex Cos m12/08/2 14047594 Commission No `0 �-C
of
Ex 12/0812014
My Commission Expires 12..QP) EL\
2
0046461\l56448\1545779v1
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL 1
Parcel 1
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET,
THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY,
THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U S HIGHWAY NO 27, THENCE 524°4T33" E, ALONG SAID RIGHT OF WAY
LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LEGAL DESCRIPTION FOR PARCEL 2
TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47
AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA
LESS AND EXCEPT
THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 -
FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT
3
0046461\156448\1545779v1
THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING
WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN
A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT
STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS
BEING LOCATED AS FOLLOWS
COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST
CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO
THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00,
THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT
STATION 1537+ 00
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LESS
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET,
THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY,
THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY
LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
AND LESS AND EXCEPT
4
0046461\156448\1545779v1
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK
FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID
PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING
THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF
84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S
00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF
117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N
00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY,
THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64
FEET TO THE POINT OF BEGINNING
5
0046461\156448\1545779v1
EXHIBIT "B"
TITLE EXCEPTIONS
1 Grant of Non-exclusive Easement in favor of Lake Utility Services, Inc recorded
November 7, 2000 in Official Records Book 1877, Page 1840, Public Records of Lake County,
Florida
2 Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading
Easement recorded June 15, 2004 in Official Records Book 2592, Page 1755, Public Records of
Lake County, Florida
3 Temporary Construction Easement recorded August 11, 2005 in Official Records
Book 2916, Page 441,Public Records of Lake County, Florida
4 Perpetual Right of Way Easement in favor of Sumter Electric Cooperative Inc
recorded April 21, 2006 in Official Records Book 3142, Page 96, Public Records of Lake
County, Florida
5 Reciprocal Easement Agreement with Covenants and Conditions by and between
PDG/Inland Tuscany Village Venture, LLC and Celebration of Praise Church of God recorded
March 26, 2010 in Official Records Book 3887, Page 874, Public Records of Lake County,
Florida
6 Restrictions, covenants, conditions, easements and other matters as contained on
the Plat of Monte Vista Park Farms, recorded in Plat Book 2, Page 27, of the Public Records of
Lake County, Florida
7 Grant of Easement by and between Mike Green, Edwin Rodriguez and Waymon
Miller as trustees of Celebration of Praise Church of God and Lake Utility Services, Inc
recorded January 14, 2013 in Official Records Book 4265, Page 1751, Public Records of Lake
County, Florida
8 Perpetual Right-of-Way Easement in favor of Sumter Electric Cooperative, Inc
recorded April 3, 2013 in Official Records Book 4302, Page 2220, Public Records of Lake
County, Florida
9 Perpetual Utility Easement in favor of Sumter Electric Cooperative, Inc recorded
September 4, 2013 in Official Records Book 4374, Page 1997, Public Records of Lake County,
Florida
6
0046461\156448\1545779v1
ASSIGNMENT OF LICENSES,PERMITS, PLANS, CONTRACTS
AND WARRANTIES
KNOW ALL MEN BY THESE PRESENTS
THAT, CENTENNIAL BANK, an Arkansas banking corporation, having an address of
1200 Hillcrest Street, Orlando, Florida 32803 (hereinafter referred to as "Seller"), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10 00) paid by CITY OF
CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219
Clermont, Florida 34769 (hereinafter referred to as "Purchaser"), the sufficiency and receipt of
which is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by
these presents does grant, bargain, sell, transfer and deliver unto the Purchaser, all of its right,
title and interest, if any, in and to all licenses, permits, plans, contracts, vested rights,
concurrency entitlements, credits and deposits, and other development entitlements, credits and
deposits, general intangibles and warranties relating to the design, development, construction,
ownership, operation, management and use of the hereinafter described property, subject,
however, to any and all claims, liens or encumbrances which have been or may be made against
said licenses, permits, plans, contracts, general intangibles and warranties, AND WITHOUT
WARRANTY OF TITLE, FITNESS OR MERCHANTABILITY,to wit
See Exhibit"A"
TO HAVE AND TO HOLD the same unto the Purchaser, its successors and assigns
forever
IN WITNESS WHEREOF, the Seller has caused these presents to be executed as of this
4 day ofacembbr- , 2013
Signed, sealed and delivered CENTENNIAL BANK, an Arkansas banking
in the presence of corporation
, By b ►. 1.
Name NOt 1�- ���' Name A 471111103TRRI,
Title AMViriV r i
1'f
N fan Ga V p
0046461\156448\1545810v1
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL 1
Parcel 1
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926.75 FEET, THENCE DEPARTING SAID
NORTH LINE, RUN N32?29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET;
THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134.96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY,
THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY
LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LEGAL DESCRIPTION FOR PARCEL 2
TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47
AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA
LESS AND EXCEPT
THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 -
FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING
0046461\156448\1545810v1
WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN
A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT
STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS
BEING LOCATED AS FOLLOWS.
COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST
CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28.21 FEET TO
THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, -
THENCE NORTH 26°5T00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT
STATION 1537+00
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LESS 0
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS. BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET; THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET,
THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY,
THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U S HIGHWAY NO. 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY
LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
AND LESS AND EXCEPT
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK
FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
1 0046461\156448\1545810v1
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID
PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING
THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF
84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S
00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF
117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N
00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY,
THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64
FEET TO THE POINT OF BEGINNING
0046461\156448\1545810v1
� Y
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS
THAT, CENTENNIAL BANK, an Arkansas banking corporation, having an address of 1200
Hillcrest Street, Orlando, Florida 32803 (hereinafter referred to as "Seller"), for and in consideration of
the sum of TEN AND NO/100 DOLLARS ($10 00), and other good and valuable considerations, the
sufficiency and receipt of which is hereby acknowledged, has granted, bargained, sold, transferred and
delivered, and by these presents does grant, bargain, sell, transfer and deliver unto CITY OF
CLERMONT, a Florida municipal corporation, having an address of P 0 Box 120219 Clermont,
Florida 34769 (hereinafter referred to as "Buyer"), its successors and assigns, all of its right, title and
interest in and to such of the items, goods, chattels and equipment, which are presently existing and
located at the property described in Exhibit "A" attached hereto, but specifically excluding the items,
goods, chattels and equipment specifically delineated on Exhibit `B"attached hereto (the "Property"),
TO HAVE AND TO HOLD the same unto the Buyer, its successors and assigns forever
AND the Seller does hereby covenant with and warrant to the Buyer that the Seller is the lawful
owner of the Property in fee simple, that the Property is free of all claims arising under Seller, that the
Seller has good right and lawful authority to sell and convey the Property, and that the Seller fully
warrants the title to the Property and will defend the same against the lawful claims of all persons
claiming by, through or under the Seller, but against none other
IN WITNESS WHEREOF, the Seller has caused these presents to be executed as of this
ao day of 90,41,\ , 2013
Signed, sealed and delivered CENTENNIAL BANK, an Arkansas banking
in the presence of corporation
' By/ha
,�` v LAS►�1_L
Name �+ te - ► Name OM �� : ?" •
. Title 512 L ' Z.Par
�b Y� W-6-110W ---
711M1 don rl 'Q
qo
[NOTARY ON FOLLOWING PAGE]
0046461\156448\1545819v!
Bill of Sale
STATE OF (OClCikli-
COUNTY OF
The foregoing instrument was acknowledged before me thisZ day ofl �( 013, by
�Q�Q l x , ash(, V P. of CENTENNIAL BANK, an Arkansas banking corporation,
on behalf of said bank, who is personally known to me or has produced
as identification
(NOTARY SEAL)
tart'Public S nature� 1/
• 1v1 pi ���r�
(Name typed, printed or stamped)
ke6 Notary Public State of Flonda Notary Public, State ofd
tot 7: Connie Becher
ary ,
yy, My Commission EE047594 Commission No QECWISct`A
otf�o Expires 12/0812014
My Commission Expirest Z.0 6. Ki
0046461\156448\1545819v1
Bill of Sale
2
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL 1
Parcel 1
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY
RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS
GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45,
PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE
N89°19'34"W, ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET,
THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE
N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42
FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY,
THENCE N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE
S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S
HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET,
THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE
POINT OF BEGINNING
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF
THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LEGAL DESCRIPTION FOR PARCEL 2
TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47 AND 54
OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY,
FLORIDA
LESS AND EXCEPT
0046461\156448\1545819v1
Bill of Sale
3
THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 -
FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING WESTERLY OF
THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN A STRAIGHT LINE
TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT STATION 1537 + 00, SAID
SURVEY LINE BEING DESCRIBED AND SAID STATIONS BEING LOCATED AS FOLLOWS
COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST
CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO THE
BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00, THENCE
NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT STATION 1537+
00
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747, OF
THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LESS
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF INTERSECTION OF THE WESTERLY
RIGHT OF WAY LINE OF U S HIGHWAY NO 27 AND THE NORTH LINE OF LEGENDS
GOLF COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 45,
PAGES 38 - 45, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE
N89°19'34"W ALONG THE NORTH LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET,
THENCE DEPARTING SAID NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE
N58°19'00"W, 194 65 FEET, THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42
FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 57°3T30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121°09'55", A
DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY, THENCE S83°37'57"E 172 27
FEET TO THE AFORESAID WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27,
THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY LINE, 994 30 FEET, THENCE
CONTINUE ALONG SAID RIGHT OF WAY LINE S20°50'25"E, 384 37 FEET TO THE POINT OF
BEGINNING
AND LESS AND EXCEPT
0046461\156448\1545819v1
Bill of Sale
4
1
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO
BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS
RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT, N
89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING THENCE
DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF 84 24 FEET,
THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S 00°39'17" W , A
DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF 117 94 FEET, THENCE
N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N 00°39'17" E , A DISTANCE OF
652 35 FEET TO AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH
BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING
0046461\156448\1545819v1
Bill of Sale
5
EXHIBIT "B"
EXCLUDED PERSONAL PROPERTY
[List of church-retained property to be attached]
0046461\156448\1545819vl
Bill of Sale
6
CHILDREN OF PROMISE -- ROOM VALUE LIST
INFANT ROOM 1 (Detres/Cox)
• 1 Area Carpet
• 1 Refrigerator
• 1 Rocking Chair
• 1 Television
• 5 Cribs
INFANT ROOM 2 (Aviles)
• 1 Area Carpet
• 1 Infant Table w/6 bucket chairs
• 1 Television
• 6 Cribs
TODDLER ROOM 1 (Flores)
• 1 Area Carpet
• 1 Bookshelf
• 1 Infant Table w/6 bucket chairs
• 1 Television
• 2 Chairs
• 2 Wall Cubbies
• 6 Mats
TODDLER ROOM 2 (Freeburn)
• 1 Area Carpet
• 1 Bookshelf
• 1 Cubby
• 1 Small Refrigerator
• 1 Table
• 1 Television
• 10 Small Chairs
• 7 Mats
TODDLER ROOM 3 (Empty)
• 1 Bookshelf
• Kitchen Set
• 1 Table
• 2 Wall Cubbies
• 10 Small Chairs
TWO YEAR OLD ROOM 1(Contreras)
• 1 Area Rug
• 1 Bookshelf
• 1 Television
• 2 Cubbies
• 2 Tables
• 14 Small Chairs
• 10 Mats
TWO YEAR OLD ROOM 2 (Vega)
• 1 Area Rug
• 1 Bookshelf
• 1 Cubby
• 1 Television
• 2 Tables
• 11 Small Chairs
• 11 Mats
TWO YEAR OLD ROOM 3 (Aviles)
• 1 Area Carpet
• 1 Bookshelf
• 1 Kitchen Set
• 1 Small Table
• 1 Supply Storage
• 1 Television
• 1 Toy Storage
• 2 Tables
• 3 Cubbies
• 11 Chairs
• 11 Mats
TWO YEAR OLD ROOM 4 (Empty)
• 1 Area Rug
• 1 Bookshelf
• 1 Cubby
• 1 Kitchen Set
• 1 Lego Table
• 1 Microwave
• 1 Television
• 2 Tables
• 11 Small Chairs
THREE YEAR OLD ROOM 1 (Nunez)
O 1 Area Rug
• 1 Bookshelf
• 2 Cubbies
• 1 Kitchen Set
• 1 Small Table
• 1 Tall Cabinet
• 1 Television
• 2 Tables
• 15 Chairs
• 15 Mats
THREE YEAR OLD ROOM 2 (Baker)
• 1 Bookshelf
• 1 Cubby
• 1 Dramatic Play Shelf
O 1 File Cabinet
• 1 Kitchen Set
• 1 Supply Storage
O 1 Table
• 1 Tall Cabinet
• 1 Television
• 15 Small Chairs
• 15 Mats
THREE YEAR OLD ROOM 3 (Manoharan)
• 1 Area Rug
• 1 Bookshelf
• 1 Cubby
• 1 Lego Table
• 1 Kitchen Set
• 1 Television
• 1 Trashcan
• 2 Tables
• 15 Small Chairs
• 15 Mats
THREE YEAR OLD ROOM 4 (Empty)
• 1 Table
• 1 Area Rug
• 1 Bookshelf
FOUR YEAR OLD ROOM 1 (Watts)
• 1 Area Rug
• 1 Bookshelf
• 1 Computer Desk
• 1 Cubby
• 1 Kitchen Set
• 1 Supply Storage
• 1 Tall Storage
• 2 Tables
• 20 Chairs
• 20 Mats
FOUR YEAR OLD ROOM 2 (Renna)
• 1 Area Rug
• 1 Computer Monitor
• 1 Cubby
• 1 Kitchen Set
• 1 Radio
• 1 Small Table
• 1 Supply Storage
• 1 Tall Cabinet
• 2 Tables
• 20 Chairs
• 20 Mats
SPANISH ROOM (Pettay)
• 1 Area Rug
• 1 Radio
• 1 Table
• 1 Tall Cabinet
• 1 Whiteboard
• 10 Chairs
FRONT DESK/OFFICE
• 2 Computers
• 2 Office Chairs
• 3 File Cabinets
• 2 Desk
• 1 Television
• 2 Video Cameras
• 1 Microwave
• 1 Copy Machine
• 1 Medicine Cabinet
• 1 Washing Machine/ Dryer
Miscellaneous
• Books
• Toys (
• Playground Equipment
+cop
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ASSIGNMENT AND ASSUMPTION OF CHURCH LEASE
FOR VALUE RECEIVED, the undersigned, CENTENNIAL BANK, an Arkansas
banking corporation, having an address of 1200 Hi_llcrest Street, Orlando, Florida 32803
("Assignor") does hereby unconditionally transfer, assign and set over without recourse unto
CITY OF CLERMONT, a Florida municipal corporation, having an address of P 0 Box
120219 Clermont, Florida 34769 ("Assignee") all of its right, title and interest in and under that
certain Lease Agreement effectively dated October 21, 2013 by and between Assignor and
Celebration of Praise Church of God, Inc , a Florida not-for-profit corporation (the "Church
Lease")
Assignor hereby represents and warrants to, and covenant with, Assignee concerning the
Church Leases as follows
1 Assignor hereby sells, assigns, transfers and sets over unto Assignee its
successors and assigns, all the rights, title, claims, rents and interests of
Assignor's in and to the Church Lease, to have and to hold the same from the date
hereof for all of the rest of the term referenced therein, subject to the covenants,
agreements, terms, provisions and conditions contained in the Church Lease and
any and all subsequent amendments
2 Assignor represents that Assignor is the holder of the Landlord's interest under
the Church Lease free and clear of any lien, claim or encumbrance, except for
permitted encumbrances as agreed to by the parties hereto and that the Church
Lease is in full force and effect
3 Assignor hereby agrees to indemnify, defend and holds Assignee free and
harmless from any liability arising because of a breach of the Church Lease by
Assignor which occurred prior to the date of this Assignment
Assignee does hereby represent warrant to, and covenant with, Assignor concerning the
Leases as follows
1 Assignee, for Assignee and its successors and assigns, hereby assumes the Church
Lease and recognizes and agrees to be bound by all of the covenants, agreements,
terms and provisions and all conditions contained therein, and any and all
subsequent amendments, and hereby assumes and agrees to keep and perform and
to permit no violation of the covenants, agreements, terms provisions and
conditions therein set forth on the part and on behalf of the thereunder to be kept
and performed
2 Without waiving any sovereign immunity it may enjoy and to the extent provided
by law, Assignee hereby releases, indemnifies, defends and holds Assignor free
and harmless from any liability arising because of a breach of the Church Lease
by Assignee which occurred on or after the date of this Assignment
This Agreement may be executed in counterparts, each of which shall be deemed an
original document, but all of which shall constitute a single document This Agreement may be
0046461\156448\1545800v1
- 1 -
executed and delivered via facsimile, e-mail scan or other electronic means, with the executed
original to be delivered within two business days via FedEx or other overnight courier, but the
failure to deliver the executed original of this Agreement shall not affect the validity thereof
IN WITNESS WHEREOF, the parties caused this Assignment to be executed in
manner and form sufficient to bind it as of the aol ay of I2GPrnhgr , 2013
"ASSIGNOR"
Signed, Sealed and Delivered
In the presence of CENTENNIAL BANK, an Arkansas banking
corporation
f\j).14_, OP
By/ - aviL ..A
Name CAN IVI " '1 1 ✓ Name id.%r 711 LAWNI
Title • 1.���xr��
t1-41lria�—
:1-0 n �, rl (i c, (SEAL)
"ASSIGNEE"
Signed, Sealed and Delivered
In the presence of CITY OF CLERMONT, a Florida municipal
corporation
By
Name CI t ' e_ c-2f i2 Na e Ar0elA 5• &rail
Title G►� r
Name �cc r �GLc o' c - (SEAL)
0046461\156448\I545800v1
- 2 -
� ^^ OWNER'S AFFIDAVIT
STATE OF O n
COUNTY OFQ)--ALP
BEFORE ME, the undersigned authority, personally appeared Mfaick ULstarg!
("Affiant"), as9.yi(op(jt - of CENTENNIAL BANK, an Arkansas banking corporation,
having an address of 1200 Hillcrest Street, Orlando, Florida 32803 0 (hereinafter called the
"Company"), who, being duly sworn, deposes and says
1 That the Company is the owner and is in open, notorious, continuous, adverse and
peaceable possession of the real property situate in Lake County, Florida, more particularly
described on Exhibit "A" hereto (hereinafter referred to as the "Property")
2 That the Company is in actual possession of the Property and has the sole and
exclusive right of possession thereto, and no other person has any right to possession nor has any
claim of possession come to its attention, except Celebration of Praise Church of God, Inc , a
Florida not-for-profit corporation (the "Church") pursuant to that certain Lease Agreement
effectively dated October 21, 2013 by and between the Company and the Church
3 That there are no easements or claims of easements affecting the Property which
are not shown by the public records
4 That there are no suits,judgments, bankruptcies or executions pending against the
Company in any court whatever that could in any way affect the title to the Property or constitute
a lien thereon
5 That, to the best of Affiant's knowledge, no improvements or repairs have been
made to the Property during the ninety (90) day period immediately preceding the date of this
Affidavit for which there are unpaid bills or obligations of any nature, either for labor or
materials used in making improvements or repairs on said Property, or for services of architects,
surveyors or engineers incurred in connection therewith
6 That there are no loan deeds, trust deeds, mortgages or liens of any nature
whatsoever unsatisfied against the Property, including liens in favor of any city, town, village, or
port authority affecting the Property
7 That there are no unpaid service charges for services by any water, sewer or gas
system supplying the Property which may become a lien thereon
8 That the Company shall not record, cause or permit to be recorded any documents
effecting title to the Property following the date of this Affidavit other than those contemplated
by the transaction referenced below
9 That this Affidavit is given in order to induce the CITY OF CLERMONT
("Purchaser") to purchase the Property and to induce Fidelity National Title Insurance Company
to issue an owner's title insurance policy insuring Purchaser in the full amount of the purchase
price
- 1 -
0046461\156448\1545820v1
FURTHER AFFIANT SAYETH NAUGHT
1
r ',1 �•1l �. / �7
rant Na Na e ,�T:?►�7�//�L
as ra CENTENNIAL BANK,
an Arkansas banking ■poration
The foregoin instrume was acknowledged before me i tthe 'C`ounty I and State first-
above written this day o 2C2rw�. - , 2013, by P$0. sf J .0 G , l who
is personally known to me or who has produced as
identification
Y SEAL) &011DIK-
tary(NOTAR ) Public Signature
461.0jv
:000 Pok Notary Public State of Flonda 0. (Name typed, printed or stamped)
Connie Bather
C, ' My Commission EE047594
14'or 1L° Expires 12/08/2014 -
- 2 -
0046461\156448\1545820v1
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL 1
Parcel 1
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W, ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET,
THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°3T30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY,
THENCE S83°37'57"E, 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY
LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LEGAL DESCRIPTION FOR PARCEL 2
TRACTS 33, 34 AND 48 WEST OF HIGHWAY, TRACTS 37, 38, 39, 40, 41, 42, 43, 44, 47
AND 54 OF MONTE VISTA PARK FARMS IN SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE 27, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA
LESS AND EXCEPT
THAT PART OF TRACT 48, WESTERLY OF STATE ROAD 25 (U S HIGHWAY 27 -
FORMERLY NO 19) OF MONTE VISTA PARK FARMS, ACCORDING TO THE PLAT
- 3 -
0046461\1 56448\1545820v I
i
I
THEREOF RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING
WESTERLY OF THE SURVEY LINE OF STATE ROAD 25, SECTION 11200 AND WITHIN
A STRAIGHT LINE TRANSITION OF 145 FEET AT STATION 1532 + 00 TO 112 FEET AT
STATION 1537 + 00, SAID SURVEY LINE BEING DESCRIBED AND SAID STATIONS
BEING LOCATED AS FOLLOWS
COMMENCE AT A POINT ON THE EAST BOUNDARY OF SECTION 5, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LOCATED 1300 17 FEET NORTHERLY OF THE SOUTHEAST
CORNER OF SAID SECTION 5, THENCE RUN SOUTH 26°52'00" EAST 28 21 FEET TO
THE BEGINNING OF THIS PART OF SAID SURVEY LINE AT STATION 1532 + 00,
THENCE NORTH 26°52'00" WEST 500 FEET TO THE END OF SAID SURVEY LINE AT
STATION 1537+ 00
LESS THOSE PORTION IN OFFICIAL RECORDS BOOK 2833, PAGE 2332, IN OFFICIAL
RECORDS BOOK 2858, PAGE 274 AND IN OFFICIAL RECORDS BOOK 2952, PAGE 747,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
LESS
THAT PART OF TRACTS 33, 34, 47 & 48, MONTE VISTA PARK FARMS, SECTION 5,
TOWNSHIP 23, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, BEING DESCRIBED AS FOLLOWS BEGIN AT THE POINT OF
INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27
AND THE NORTH LINE OF LEGENDS GOLF COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 45, PAGES 38 - 45, INCLUSIVE, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, THENCE N89°19'34"W ALONG THE NORTH
LINE OF SAID LEGENDS GOLF COURSE, 926 75 FEET, THENCE DEPARTING SAID
NORTH LINE, RUN N32°29'33"E, 589 95 FEET, THENCE N58°19'00"W, 194 65 FEET,
THENCE N32°49'14"E, 48 13 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVED WESTERLY AND HAVING A RADIUS OF 184 42 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF
57°37'30", A DISTANCE OF 185 48 FEET TO THE POINT OF TANGENCY, THENCE
N24°48'16"W, 283 33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVED
SOUTHEASTERLY AND HAVING A RADIUS OF 134 96 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 121°09'55", A DISTANCE OF 285 40 FEET TO THE POINT OF TANGENCY,
THENCE S83°37'57"E 172 27 FEET TO THE AFORESAID WESTERLY RIGHT OF WAY
LINE OF U S HIGHWAY NO 27, THENCE S24°47'33" E, ALONG SAID RIGHT OF WAY
LINE, 994 30 FEET, THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE
S20°50'25"E, 384 37 FEET TO THE POINT OF BEGINNING
AND LESS AND EXCEPT
- 4 -
0046461\156448\1545820v 1
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
ALSO BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK
FARMS" AS RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA, THENCE ALONG THE SOUTH BOUNDARY OF SAID
PLAT, N 89°20'43" W, A DISTANCE OF 734 45 FEET TO THE POINT OF BEGINNING
THENCE DEPARTING SAID SOUTH BOUNDARY, S 00°39'17" W , A DISTANCE OF
84 24 FEET, THENCE S 44°20'43" E, A DISTANCE OF 224 08 FEET, THENCE S
00°39'17" W , A DISTANCE OF 326 26 FEET, THENCE S 45°39'17" W , A DISTANCE OF
117 94 FEET, THENCE N 89°20'43" W , A DISTANCE OF 331 69 FEET, THENCE N
00°39'17" E , A DISTANCE OF 652 35 FEET TO AFORESAID SOUTH BOUNDARY,
THENCE ALONG SAID SOUTH BOUNDARY, S 89°20'43"E , A DISTANCE OF 256 64
FEET TO THE POINT OF BEGINNING
- 5 -
0046461\l56448\1545820v1
FIRPTA Affidavit
Transferor's Certification of Non-Foreign Status
To inform the CITY OF CLERMONT, a Florida municipal corporation, having an
address of P 0 Box 120219 Clermont, Florida 34769 ("Transferee"), that withholding of tax
under Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code"), will not be
required upon the transfer of certain real property to Transferee by CENTENNIAL BANK, an
Arkansas banking corporation ("Transferor"), the undersigned hereby certifies the following on
behalf of Transferor
1 Transferor is not a foreign corporation, foreign partnership, foreign trust or
foreign estate (as those terms are defined in the Code and the Income Tax Regulations
promulgated thereunder),
2 Transferor is not a disregarded entity as defined in §1 1445-2(b)(2)(ui),
3 Transferor's U S employer identification number is 710009885, and
4 Transferor's office address is 1200 Hillcrest Street, Orlando,
Florida 32803
Transferor understands that this Certification may be disclosed to the Internal Revenue
Service by Transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both
Under penalty of perjury I declare that I have examined this Certification and to the best
of my knowledge and belief it is true, correct and complete, and I further declare that I have
authority to sign this document on behalf of Transferor
CENTENNIAL BANK, an Arkansas banking
-.4 oration /
Byl at- /11/ 14,LiiA
Na e 101 i<�.I�.r_s%
Title 512 u[GG 1otio
Date I2(9-0.
0046461\156448\1545822v1
FIRPTA Affidavit
Transferor's Certification of Non-Foreign Status
To inform the CITY OF CLERMONT, a Florida municipal corporation, having an
address of P 0 Box 120219 Clermont, Florida 34769 ("Transferee"), that withholding of tax
under Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code"), will not be
required upon the transfer of certain real property to Transferee by CENTENNIAL BANK, an
Arkansas banking corporation ("Transferor"), the undersigned hereby certifies the following on
behalf of Transferor
1 Transferor is not a foreign corporation, foreign partnership, foreign trust or
foreign estate (as those terms are defined in the Code and the Income Tax Regulations
promulgated thereunder),
2 Transferor is not a disregarded entity as defined in §1 1445-2(b)(2)(iii),
3 Transferor's U S employer identification number is 710009885, and
4 Transferor's office address is 1200 Hillcrest Street, Orlando,
Florida 32803
Transferor understands that this Certification may be disclosed to the Internal Revenue
Service by Transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both
Under penalty of perjury I declare that I have examined this Certification and to the best
of my knowledge and belief it is true, correct and complete, and I further declare that I have
authority to sign this document on behalf of Transferor
CENTENNIAL BANK, an Arkansas banking
c ration
By ..ALA 1 ►
Name r",��w , M 0 A
Title * Z- l9 i C6 = o
Date 12 ,2o. t
004646 1\156448\1545822v I
CLOSING STATEMENT
SELLER CENTENNIAL BANK
BUYER CITY OF CLERMONT
PURCHASE
PRICE $6,300,000 00
SUBJECT APROXIMATLEY 48 ACRES LOCATED AT 3700 HIGHWAY 27 SOUTH,
PROPERTY CLERMONT, LAKE COUNTY, FLORIDA
GOVERNING CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY DATED
CONTRACT OCTOBER 25, 2013
DATE OF
CLOSING DECEMBER 20, 2013
PLACE OF
CLOSING ORLANDO, FLORIDA
CLOSING AGENT LOWNDES, DROSDICK, DOSTER, KANTOR&REED, P A
TITLE INSURER FIDELITY NATIONAL TITLE INSURANCE COMPANY
PURCHASE PRICE AND ADJUSTMENTS
CREDIT
BUYER DUE SELLER
PURCHASE PRICE OF SUBJECT PROPERTY $6,300,000 00
EARNEST MONEY DEPOSIT HELD BY CLOSING AGENT $300,000 00
PRORATED RENT FOR CHURCH LEASE $3,548 39
SUBTOTALS $303,548 39 $6,300,000 00
-$303,548 39
BALANCE DUE FROM BUYER TO SELLER $5,996,451 61
0046461\156448\1538181v1 1
SELLER'S EXPENSES OF SALE
Seller hereby authorizes the deduction of the following-described expenses of sale from the Balance Due from
Buyer to Seller as shown on this Closing Statement and hereby requests and directs that the Closing Agent
disburse directly to the persons hereinafter named the following amounts to cover Seller's expenses of sale, as
follows, to wit
A Lake County Clerk of the Court in payment of Documentary Stamp Tax payable
on Deed $44,100 00
B To Lowndes, Drosdick, Doster, Kantor & Reed, P A in payment for Standard
Owner's Title Insurance Policy to be issued to Buyer $18,000 00
C To Lowndes, Drosdick, Doster, Kantor& Reed, P A in payment of attorneys' fees
for representation of Seller P O C
D To Fidelity National Title Insurance Company for Title Searches $250 00
SELLER'S TOTAL EXPENSES OF SALE $62,350 00
0046461\156448\1538181v1 2
BUYER'S EXPENSE OF PURCHASE
Buyer, in addition to the Balance Due from Buyer to Seller as shown above, is obligated for the payment of
and simultaneously herewith has paid to Closing Agent the funds required to pay the following-described
expenses of purchase, and Buyer hereby requests and directs that the Closing Agent disburse directly to the
persons hereinafter named the following amounts to cover Buyer's expenses of purchase, as follows, to wit
A Lake County Clerk of the Court in payment of cost of recording Deed(6 pages) $52 50
BUYER'S TOTAL EXPENSES OF PURCHASE $52 50
0046461\156448\1538181v1 3
SUMMARY
BALANCE DUE BALANCE DUE
FROM BUYER TO FROM BUYER
SELLER $5,996,451 61 TO SELLER $5,996,451 61
PLUS PLUS
EARNEST MONEY BUYER'S EXPENSES OF
DEPOSIT $300,000 00 PURCHASE $52 50
DUE
SELLER $6,296,451 61 DUE FROM BUYER. $5,996,504 11
LESS
SELLER'S
EXPENSES
OF SALE $62,350 00
NET CASH DUE
TO SELLER. $6,234,101.61
0046461\156448\1538181vI 4
•
•
INSTRUMENT 82012137250
THIS INSTRUMENT PREPARED BY OR BK 4259 PG 1005-1047 (43 PGS)
AND SHOULD BE RETURNED TO: DATE 1228/2012 3 49 56 PM
NEIL KELLY,CLERK OF THE CIRCUIT COURT
Charles B Costar,III,Esq LAKE COUNTY
Shtitts&Bowen LLP RECORDING FEES$367 00
5010 3001 South Orange Avenue,Suite 1000
Orlabdo,Florida 32801
ACCESS,UTILITY.DRAINAGE AND SIGN EASEMENT AGREEMENT
THIS ACCESS, UTILITY, DRAINAGE AND SIGN EASEMENT AGREEMENT
("Agreement"), is made and entered into this 2/$t. day of December, 2012, by and between
CLERMONT RETIREMENT RESIDENCE LLC, a Washington limited liability company,
whose address is 2264 McGilchrist Street SE,Suite 210, Salem,Oregon 97302("Grantee"),and
Mike Green, Edwin Rodriguez and Waymon Miller, Trustees of the Local Board of
Trustees of Church of God, an unincorporated association, a/k/a Celebration of Praise
Church of God, whose address is 3700 North Highway 27, Clermont, Florida 34711
("Grantor").
RECITALS
WHEREAS, Grantor is the owner of a certain parcel of land located in Lake County,
Florida, as is more particularly described on Exhibit "A" attached hereto and mcorporated
herein by this reference(the"Grantor Property"),
WHEREAS, Grantee is the owner of a certain parcel of land that Grantee purchased
from Grantor and that is surrounded on the east, south and west by the Grantor Property and on
the north by the real property of a third party, as is more particularly described on Exhibit"B"
attached hereto and incorporated herein by this reference(the"Grantee Property");
WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non-
exclusive, permanent access easement ("Grantee Access Easement") on, over and across that 's
portion of the Grantor Property generally shown on Exhibit "C" attached hereto and by this
reference made a part hereof(the "Grantee Access Easement Parcel") for the benefit of the
Grantee Property;
WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee non-
exclusive,
permanent utility easements (collectively "Grantee Utility Easement") under, over
and across portions of the Grantor Property described in Exhibit"D"attached hereto and by this
reference made a part hereof(collectively the"Grantee Utility Easement Parcel");
WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non-
exclusive, permanent drainage easement ("Grantee Drainage Easement") under, over and
across the portion of the Grantor Property descnbed in Exhibit "E"attached hereto and by this
reference made a part hereof(the"Grantee Drainage Easement Parcel");
WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non-
exclusive,permanent utility easement for sewer("Grantee Sewer Utility Easement"), including
without limitation pipes and manholes under and across the portion of the Grantor Property
ORLDOCS 12442932 8
described in Exhibit "F" attached hereto and by this reference made a part hereof(collectively
the"Grantee Sewer Utility Easement Parcel"),
WHEREAS, Grantee has requested and Grantor has agreed to grant to Grantee a non-
exclusive, permanent easement for the construction, placement, operation and maintenance of
signs benefitting the Grantee Parcel (collectively "Grantee Sign Easement"), over and across
portions of the Grantor Property described in Exhibit "G" attached hereto and by this reference
made a part hereof(collectively the"Grantee Sign Easement Parcels"),
WHEREAS, Grantor has requested and Grantee has agreed to grant to Grantor a non-
exclusive,permanent utility easement for sewer("Grantor Sewer Utility Easement")under and
across the portion of the Grantee Property described in Exhibit "H" attached hereto and by this
reference made a part hereof(the"Grantor Sewer Utility Easement Parcel");
WHEREAS, Grantor has requested and Grantee has agreed to grant to Grantor non-
exclusive, permanent drainage easements (collectively "Grantor Drainage Easement") under,
over and across the portions of the Grantee Property described in Exhibit "I" attached hereto
and by this reference made a part hereof (collectively the "Grantor Drainage Easement
Parcels");and
WHEREAS, Grantee has requested, and Grantor has agreed to grant to Grantee, non-
exclusive,temporary construction easements over those parts of the Grantor Property reasonably
necessary to permit Grantee to construct infrastructure to exist within the Grantee Utility
Easement Parcel, and Grantee Drainage Easement Parcel and all other easement areas
encumbering the Grantor Parcel granted to any utility provider that are intended to include
utilities that will service the Grantee Property, all as more particularly set forth in this
Agreement.
NOW,THEREFORE, for and in consideration of Ten and No/100 Dollars($10.00)and
the mutual covenants and agreements herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,the parties agree as follows.
Section 1. Recitals. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grant of Access Easement in favor of Grantee. Subject to the terms,
conditions and limitations set forth herein,Grantor hereby grants to Grantee,for the benefit of the
Grantee Property, a non-exclusive, permanent easement over the Access Easement Parcel (the
"Grantee Access Easement"). The Access Easement shall be for the purpose of vehicular and
pedestrian ingress and egress from and between the Grantee Property and Hammock Ridge Road
to the west and U S. 27 to the east, including without limitation during construction and/or
maintenance of vertical improvements on the Grantee Property, construction vehicles and heavy
equipment as is reasonably necessary for the convenience of Grantee, its agents, employees,
tenants, invitees, licensees, guests of tenants, delivery, pick up and fire protection services,police
protection and other authonties of law, United States mail earners, representatives of utilities,
refuse collectors, holders of mortgage liens on the Grantee Property and such persons as the
Grantee may from time to time designate The easement rights ansmg under the Grantee Access
Easement include (a) the right of perpetual ingress and egress to provide access, service and
maintenance (to the extent Grantee has an obligation to perform maintenance or Grantor fails to
satisfy its maintenance obligations), to (i) improvements on the Grantee Property whether now
ORLDOCS 12442932 8 2
existing or to be constructed or m the Grantee Access Easement Parcel and (ii) any utilities or
drainage improvements for which Grantee has the obhgation to maintain, (b)the right to clear the
Grantee Access Easement Parcel of trees, limbs, undergrowth and other physical objects
(regardless of the location of such trees, limbs, undergrowth and other objects) which, in the
opinion of Grantee, endanger or interfere with the safe and efficient operation and availability of
the roads and other transportation related improvements within the Grantee Access Easement, and
(c) all other rights and privileges reasonably necessary or convenient for the safe and efficient
installation, operation and maintenance (to the extent Grantee has an obligation to perform
maintenance or Grantor fails to satisfy its maintenance obhgations) of such improvements and
facilities and for the enjoyment and use of such easement for the purpose as described above. In
the event Grantee is entitled to perform any repair or maintenance and does so, Grantee shall
restore the surface of the Grantor Property to substantially the same or better condition than the
condition of the Grantor Property before any repair or maintenance performed by Grantee at
Grantee's sole cost and expense No buildings, structures,or obstacles which shall interfere with,
or make unreasonably difficult, the exercise of the easement rights granted herein, shall be
located, constructed, excavated or created within the Grantee Access Easement Area. The
foregoing shall not prohibit the construction and maintenance of paving, curbing, sidewalks,
landscapmg, or the installation, maintenance and operation of other utilities, within the Grantee
Access Easement Area
Grantor shall be solely responsible for the maintenance and repair of the Access
Easement Parcel and all pavement therein at Grantor's expense. In addition, as owner of the
Grantor Property, Grantor shall maintain (i) the Access Easement Parcel, (ii) up to the lesser of
(a)twenty-five(25) feet beyond the outside boundaries of the Access Easement Parcel along the
entire length of the Access Easement Parcel or(b)the area between the outside boundaries of the
Access Easement Parcel and the closest property line separating the Access Easement Parcel
from another parcel of real property not owned by the Grantor along the entire length of the
Access Easement Parcel (the "Access Easement Parcel Maintenance Area") and (c)that part
of the strip of land within twenty-five (25) feet of the north and east boundaries of the Grantor
Property that is not part of the Access Easement Parcel, all in a good condition consistent with
paved driveways serving commercial developments in the City of Clermont, Florida, ordinary
wear and tear excepted Notwithstanding the foregoing, Grantee shall contribute ("Access
Easement Maintenance Contribution")twelve (12%) percent of the reasonable costs incurred
by Grantor (i) to repave the Access Easement Parcel; provided such re-pavement is not
performed sooner than eight (8) years after this Agreement is recorded and no more frequently
than once every fifteen(15) years thereafter, or(ii) in the event of a reasonably necessary repair
caused by a sinkhole or erosion, provided the sinkhole or erosion was not a result of a lack of
maintenance of the Access Easement Area. Grantee's Access Easement Maintenance
Contribution toward repaving shall not be due to Grantor until thirty(30)days after Grantee has
received documentation reasonably acceptable to Grantee confirming that the costs for which
Grantor is seeking reimbursement were actually incurred by Grantor to repave the Access
Easement Parcel and the repaving has been completed
Section 3. Grant of Utility Easement in favor of Grantee. Subject to the terms,
conditions and limitations set forth herein,Grantor hereby grants to Grantee,for the benefit of the
Grantee Property, a non-exclusive, easement over, under, across and through the Grantee Utility
Easement Parcel (the "Grantee Utility Easement") The Grantee Utility Easement shall be for
the purpose of allowing the installation and operation by Grantee or third parties of underground
utilities and other similar services, including but not limited to, sewer, potable water, reclaimed
ORLDOCS 12442932 8 3
water, electric, gas, cable, fire protection and telecommunication services and related
infrastructure on the Grantee Utility Easement Parcel The right to install and operate
underground utilities within the Grantee Utility Easement to provide utility services to the
Grantee Property shall be perpetual, unless a separate, perpetual easement in favor of an
individual utility securing permanent utility service to the Grantee Property is granted and
recorded in the Public Records of Lake County, Florida. In that event, the Grantee Utility
Easement under this Agreement applicable to that specific utility, including without limitation all
rights and liabilities hereunder with respect to the applicable part of the Grantee Utility Easement,
shall terminate consistent with the terms of Section 15 of this Agreement. Grantor acknowledges
that some of the infrastructure related to utilities permitted to be installed and operated in the
Grantee Utility Easement Parcel may be above ground, including without limitation, nsers,
markers,valves and backflow preventers, and Grantor expressly permits the same. The easement
rights arising under the foregoing grant of the Grantee's Utility Easement include: (a)the right of
ingress and egress to patrol, inspect, alter, improve, construct, rebuild, relocate, remove and
provide access and service to the utility-related improvements within the Grantee Utility
Easement Parcel, (b) the right to clear the Grantee Utility Easement Parcel of trees, limbs,
undergrowth and other physical objects (regardless of the location of such trees, limbs,
undergrowth and other objects) which, in the opinion of Grantee, endanger or interfere with the
safe and efficient mstallation or operation of such facilities; and(c) all other rights and privileges
reasonably necessary or convenient for the safe and efficient installation and maintenance(to the
extent Grantor fails to satisfy its maintenance obligations)of the above-described facilities and for
the enjoyment and use of such easement for the purposes described above. In the event Grantee is
entitled to perform any repair or maintenance and does so, Grantee shall restore the surface of the
Grantor Property to substantially the same or better condition than the condition of the Grantor
Property before any repair or maintenance performed by Grantee at Grantee's sole cost and
expense. No buildings, structures, or obstacles which shall interfere with, or make unreasonably
difficult, the exercise of the easement rights granted herein, shall be located, constructed,
excavated or created within the Grantee Utility Easement Parcel The foregoing shall not prohibit
the construction and maintenance of paving, curbing, sidewalks, landscaping, or the installation,
maintenance and operation of other utilities,within the Grantee Utility Easement Parcel
Grantor shall be solely responsible for the maintenance and repair of the Grantee Utility
Easement and all utility improvements therein Grantee shall contribute twelve(12%)percent of
the reasonable costs incurred by Grantor to maintain and repair the Grantee Utility Easement and
all utility improvements therein; provided however Grantee's obligation to contribute such
percentage is not due more frequently than one (1)time per year (in 12 monthly mtervals) and
until thirty(30) days after Grantee has received documentation reasonably acceptable to Grantee
confirming that the costs for which Grantor is seeking reimbursement were actually incurred by
Grantor for maintenance and/or repair of the Grantee Utility Easement and all utility
improvements therein.
Section 4. Grant of Drainage Easement in favor of Grantee Subject to the terms,
conditions and limitations set forth herein, Grantor hereby grants the Grantee, for the benefit of
the Grantee Property, a non-exclusive, permanent easement over, under, across and through the
Grantee Drainage Easement Parcel (the "Grantee Drainage Easement") The Grantee Drainage
Easement shall be for the purpose of the conveyance, transfer, collection and storage of surface
water and stormwater from the Grantee Property. The easement nghts arising under the foregoing
grant of the Grantee Drainage Easement include. (a) the right of perpetual ingress and egress to
patrol, inspect, alter, improve, construct,rebuild, relocate, remove and provide access and service
ORLDOCS 12442932 8 4
to the pipes and other infrastructure within the Grantee Drainage Easement Parcel; (b)the nght to
clear the Grantee Drainage Easement Parcel of trees, limbs, undergrowth and other physical
objects (regardless of the location of such trees, limbs, undergrowth and other objects) which, m
the opinion of Grantee, endanger or interfere with the safe and efficient installation or operation
of such facilities,and(c) all other rights and pnvileges reasonably necessary or convenient for the
safe and efficient installation, operation and maintenance(to the extent Grantee has an obligation
to perform maintenance or Grantor fails to satisfy its maintenance obligations) of the above-
described facilities and for the enjoyment and use of such easement for the purposes described
above In the event Grantee is entitled to perform any repair or maintenance and does so,Grantee
shall restore the surface of the Grantor Property to substantially the same or better condition than
the condition of the Grantor Property before any repair or maintenance performed by Grantee at
Grantee's sole cost and expense. No buildings,structures,or obstacles which shall interfere with,
or make unreasonably difficult, the exercise of the easement rights granted herein, shall be
located, constructed, excavated or created within the Grantee Drainage Easement Parcel. The
foregoing shall not prohibit the construction or maintenance of other drainage-related utilities
within the Grantee Drainage Easement Parcel.
Grantee shall maintain at Grantee's sole cost and expense the single drainage pipe,
mitered end section and diverter within the Grantee Drainage Easement Parcel and erosion, if
any, around the mitered end section caused by drainage from the Grantee Property in accordance
with the terms of the Environmental Resource Permit No • 40-069-88315-4 issued by the St.
Johns River Water Management District (the "Permit"). Notwithstanding the foregoing,
Grantor shall continue to be the "Permitee" on the Permit. Grantee shall have no additional
obligations to maintain or contribute to the cost of maintaining any other part of the surface
water and storm water system on the Grantor Parcel.
Section 5. Grant of Permanent Sewer Easement in favor of Grantee Subject to
the terms, conditions and limitations set forth herein, Grantor hereby grants to Grantee, for the
benefit of the Grantee Property,non-exclusive,permanent easement under, across and through the
Grantee Sewer Easement Parcel (the "Grantee Sewer Easement"). The Grantee Sewer
Easement shall be for the purpose of installing sewer-related infrastructure within the Grantee
Sewer Easement Parcel on the Grantor Property for transmission of sewage from the Grantee
Property ultimately to public sewer utilities operated and maintained by the City of Clermont,
Florida, its successors and/or assigns. The easement rights arising under the foregoing grant of
the Grantee Sewer Easement include: (a) the right, in the event Grantor failed to maintain the
Grantee Sewer Easement Parcel as required in this Section 5, of egress and ingress to inspect,
repair, maintain and provide access and service to the sewer-related facilities within the Grantee
Sewer Easement Parcel, and (b) all the rights and privileges reasonably necessary or convenient
for the safe and efficient operation and maintenance (to the extent Grantor fails to satisfy its
maintenance obligations) of the above-described sewer-related facilities and for the enjoyment
and use of such easement for the purposes described above. In the event Grantee is entitled to
perform any repair or maintenance and does so, Grantee shall restore the surface of the Grantor
Property to substantially the same or better condition than the condition of the Grantor Property
before any repair or maintenance performed by Grantee. Further,Grantee shall not dispose of any
materials or substances that constitute"hazardous materials"or"hazardous substances"under any
Federal, State or local law In the event any sewer-related infrastructure on the Grantor Property
is damaged or precluded from properly functioning as a result of Grantee's violation of the pnor
sentence, Grantee shall be solely responsible for, without limitation, all costs and expenses of
maintenance, repair and/or replacement incurred by Grantor. A part of the Grantee Sewer
ORLDOCS 12442932 8 5
Easement Parcel includes paved asphalt and curbs. Grantee may cut into and otherwise disturb
the paved asphalt and curbs as part of exercising Grantee's rights under the Grantee Sewer
Easement;provided however that Grantee restores the paved asphalt and curbs to substantially the
same condition that existed before any work by Grantee.
Grantor shall be responsible for performing maintenance of the sewer related
infrastructure within the Grantee Sewer Easement Parcel and Grantee Sewer Easement. Grantee
shall contribute toward the cost of such maintenance when maintenance is necessary based upon
a formula, the numerator of which shall be the aggregate quantity of sewage generated from the
Grantee Property for the immediately preceding twelve (12) months; the denominator of which
shall be the aggregate amount of sewage generated from the Grantor Property and Grantee
Property for the immediately preceding twelve (12) months, all as reported and/or made
available by the City of Clermont,Florida Grantor and Grantee acknowledge and agree that the
City of Clermont, Florida may calculate the quantity of sewage generated from the Grantor
Property and Grantee Property based upon a percentage of potable water used by the Grantor
Property and Grantee Property as measured by water meters utilized by the then current provider
of potable water to the Grantor Property and Grantee Property, currently Lake Utility Services,
Inc. In the event that maintenance is required before the first twelve (12) months following
Grantee's receipt of a Certificate of Occupancy for the improvements build on the Grantee
Property,the period of time applicable to the numerator and denominator in the above referenced
formula shall be limited to the number of complete months since Grantee's receipt of a
Certificate of Occupancy. Notwithstanding the forgoing, Grantee's reimbursement due Grantor
shall not be due until thirty (30) days after Grantee has received documentation reasonably
acceptable to Grantee confirming that the costs for which Grantor is seeking reimbursement were
actually incurred by Grantor for maintenance of the sewer related infrastructure within the
Grantee Sewer Easement Parcel and Grantee Sewer Easement The balance of the costs incurred
to maintain the Grantee Sewer Easement Parcel and Grantee Sewer Easement shall be paid by
the then current owner(s)of the Grantor Property
Section 6. Intentionally Omitted
Section 7. Grant of Temporary Construction Easement in favor of Grantee
Subject to the terms,conditions and limitations set forth herein,Grantor hereby grants to Grantee,
for the benefit of the Grantee Property, a non-exclusive, construction easement over, under and
through those parts of the Grantor Property (i) reasonably necessary to permit Grantee to
construct infrastructure to exist within the Grantee Utility Easement Parcel, Grantee Drainage
Easement Parcel, Grantee Sign Easement Parcels and all other easement areas encumbering the
Grantor Parcel granted to any utility provider that are intended to include utilities that will service
the Grantee Property and (ii) reasonably necessary to Grantee to construct sewer and water
utilities that in part serve the Grantor Property The scope of this construction easement includes
the right of Grantee to erect construction related barriers such as silt fences and construction
fences, provided none prohibit use of the church related buildings or any paved surfaces on the
Grantor Property. The scope of this easement is also blanket in nature Grantee shall not use the
entrance to the Grantor Property at U.S Highway 27 for construction traffic without the prior
written or verbal consent of Grantor, not to be unreasonably withheld, conditioned or delayed
Grantee shall be entitled to rely on the following representatives of Grantor for purposes of
obtaining consent for construction traffic to us the entrance at U.S Highway 27. Bishop Chris
Dutruch, Pastor H P Anderson and Pastor Dan Heard, or then serving senior pastor or head
church administrator. This easement shall terminate upon the earlier of(i) completion by Grantee
ORLDOCS 12442932 8 6
of the last of the infrastructure to be constructed within the Grantee Easement Parcels and
easement areas granted to any utility provider that are intended to include utilities that will service
the Grantee Property,but for purposes of this subsection 7(i)no later than issuance by the City of
Clermont, Florida, of a certificate of occupancy for improvements to be constructed by Grantee
on the Grantee Property, or (ii) seven (7) years from the date that this Agreement is recorded in
the Public Records of Lake County, Florida. To the greatest extent possible taking into
consideration the improvements permitted pursuant to this Agreement and constructed by
Grantee, upon completion of construction, Grantee shall restore the surface of the Grantor
Property to substantially the same or better condition than the condition of the Grantor Property
before any construction by Grantee Notwithstanding the foregoing or anything herem to the
contrary, termination of the construction easements described herein shall not affect the
easements granted to Grantee for maintenance and repair of infrastructure within the Grantee
Easement Parcels,to the extent any such maintenance or repair may include construction
Section 8. Grant of Sewer Utility Easement in favor of Grantor. Subject to the
terms,conditions and limitations set forth herein,Grantee hereby grants to Grantor,for the benefit
of the Grantor Property, a non-exclusive, permanent easement under, across and through the
Grantor Sewer Utility Easement Parcel (the "Grantor Sewer Utility Easement"). The Grantor
Sewer Utility Easement shall be for the purpose of allowing Grantor to utilize sewer infrastructure
installed by Grantee on the Grantee Property and within the Grantor Sewer Utility Easement
Parcel for transmission of sewage from the Grantor Property ultimately to public sewer utilities
operated and maintained by the City of Clermont, Florida, its successors and/or assigns. The
easement rights arising under the foregoing grant of the Grantor Sewer Utility Easement include:
(a) the right, in the event Grantee fails to maintain the Grantor Sewer Utility Easement Parcel as
required in this Section 7,of ingress and egress to inspect,repair,maintain and provide access and
service to the sewer-related facilities within the Grantor Sewer Utility Easement Parcel; and (b)
all other rights and privileges reasonably necessary or convenient for the safe and efficient
operation and maintenance (to the extent Grantee fails to satisfy its maintenance obhgations) of
the above-described sewer-related facilities and for the enjoyment and use of such easement for
the purposes described above. In the event Grantor is entitled to perform any repair or
maintenance and does so, Grantor shall restore the surface of the Grantee Property to substantially
the same or better condition than the condition of the Grantee Property before any repair or
maintenance performed by Grantor. Further, Grantor shall not dispose of any matenals or
substances that constitute "hazardous materials" or "hazardous substances" under any federal,
state or local law. In the event any sewer-related infrastructure on the Grantee Property is
damaged or precluded from properly functioning as a result of Grantor's violation of the prior
sentence, Grantor shall be solely responsible for, without limitation, all costs and expenses of
maintenance,repair and/or replacement incurred by Grantee.
Grantee shall be responsible for performing maintenance of the sewer related
infrastructure within the Grantor Sewer Easement Parcel and Grantor Sewer Easement. Grantor
shall contribute toward the cost of such maintenance when maintenance is necessary based upon
a formula, the numerator of which shall be the aggregate quantity of sewage generated from the
Grantor Property for the inunediately preceding twelve (12) months; the denominator of which
shall be the aggregate amount of sewage generated from the Grantor Property and Grantee
Property for the immediately preceding twelve (12) months, all as reported and/or made
available by the City of Clermont,Florida. Grantor and Grantee acknowledge and agree that the
City of Clermont, Florida may calculate the quantity of sewage generated from the Grantor
Property and Grantee Property based upon a percentage of potable water used by the Grantor
ORLDOCS 12442932 8 7
Property and Grantee Property as measured by water meters utilized by the then current provider
of potable water to the Grantor Property and Grantee Property, currently Lake Utility Services,
Inc In the event that maintenance is required before the first twelve (12) months following
Grantee's receipt of a Certificate of Occupancy, the penod of time applicable to the numerator
and denominator in the above referenced formula shall be limited to the number of complete
months since Grantee's receipt of a Certificate of Occupancy Notwithstanding the forgoing,
Grantor's reimbursement due Grantee shall not be due until thirty (30) days after Grantor has
received documentation reasonably acceptable to Grantor confirming that the costs for which
Grantee is seeking reimbursement were actually incurred by Grantee to maintain sewer related
infrastructure within the Grantor Sewer Easement Parcel and Grantor Sewer Easement. After
Grantee has received a Certificate of Occupancy, the balance of the costs incurred to maintain
the Grantor Sewer Easement Parcel and Grantor Sewer Easement shall be paid by the then
current owners)of the Grantee Property.
Section 9. Grant of Drainage Easements in favor of Grantor Subject to the
terms,conditions and limitations set forth herein,Grantee hereby grants to Grantor,for the benefit
of the Grantor Property, non-exclusive, permanent easements over, under, across and through the
Grantor Drainage Easement Parcels for the transmission and conveyance of surface water and
stormwater from the Grantor Property to accommodate development of the Grantor Property
existing as of the date of this Agreement (for clarification, excluding the Grantee Property). The
easement rights arising under the foregoing grant of the Grantor Drainage Easement include: (a)
the right of perpetual ingress and egress to patrol and inspect, the dramage facilities within the
Grantor Drainage Easement Parcel, (b)the right to clear the Grantor Drainage Easement Parcel of
trees, limbs, undergrowth and other physical objects (regardless of the location of such trees,
limbs,undergrowth and other objects)which,in the opimon of Grantor,endanger or interfere with
the safe and efficient operation or maintenance of such facilities, and (c) all other rights and
privileges reasonably necessary or convenient for the safe and efficient operation and
maintenance of the above-described drainage facilities and for the enjoyment and use of such
easement for the purposes described above. In the event Grantor is entitled to perform any repair
or maintenance and does so, Grantor shall restore the surface of the Grantee Property to
substantially the same or better condition than the condition of the Grantee Property before any
repair or maintenance performed by Grantor at Grantor's sole cost and expense. No buildings,
structures, or obstacles which shall interfere with, or make unreasonably difficult, the exercise of
the easement rights granted herein, shall be located, constructed, excavated or created within the
Grantor Drainage Easement Parcel. The foregoing shall not prohibit the construction or
maintenance of landscaping or the installation,maintenance and operation of other utilities within
the Grantor Drainage Easement Parcel.
Maintenance of the Grantor Drainage Easement Parcels and all drainage related
improvements therein shall be the sole responsibility of the Grantor at the sole cost and expense
of Grantor without reimbursement from Grantee.
Section 10. Intentionally Omitted.
Section 11. Grant of Sign Easement in favor of Grantee. Subject to the terms,
conditions and limitations set forth herein, Grantor hereby grants to the Grantee, for the benefit of
the Grantee Property, a non-exclusive, permanent easement over, under, across and through the
Grantee Sign Easement Parcels (collectively the "Grantee Sign Easement"). Grantor and
Grantee agree to maximize the copy space permitted by the City of Clermont, Florida of all signs
ORLDOCS 12442932 8 8
within the Grantee Sign Easement and agree to pursue a variance(s) from the City of Clermont,
Florida, to permit the maximum number of signs and maximum signage copy space possible
within the Grantee Sign Easement Parcels As long as the Grantor Property after the date of this
Agreement is not owned in part by more than two owners, the owner(s) of the Grantor Property
shall be entitled collectively to use up to an aggregate amount of two-thirds of the maximum
signage copy space permitted by the City of Clermont's Code of Ordinances and any variance
increasing permitted copy spaced (collectively "Copy Space") on each of the signs within the
Grantee Sign Easement and Grantee shall be entitled to use a maximum amount of one-third of
the Copy Space on each of the signs within the Grantee Sign Easement In the event after the date
of this Agreement that the Grantor Property is owned in part by three or more owners and there
are at least three owners of the Grantor Property shanng the Copy Space on any one of the signs
within the Grantee Sign Easement, the owners of the Grantor Property shall be entitled
collectively to use up to an aggregate amount of three-quarters of the Copy Space on each of the
signs within the Grantee Sign Easement and Grantee shall be entitled to use a maximum amount
of one-quarter of the Copy Space on each of the signs within the Grantee Sign Easement. Once
after the date of this Agreement that the Grantor Property is owned in part by three or more
owners sharing the Copy Space on any one of the signs within the Grantee Sign Easement,the
Grantor Property shall be considered for purposes of this Section 11 to always be owned in part
by three or more owners who are sharing said Copy Space In no event shall Grantee's
entitlement to use of the Copy Space on each of the signs within the Grantee Sign Easement be
less than twenty-five percent of said Copy Space. The Grantee Sign Easement shall be for the
purpose of the construction, placement, maintenance and alteration of content of signs acceptable
to Grantee in Grantee's sole and absolute discretion subject to the size restrictions described
above, and all related infrastructure including electricity and lighting, within each of the Grantee
Sign Easement Parcels for the benefit of the Grantee Parcel Grantee shall determine the layout,
appearance and content of those parts of the signs for Grantee in Grantee's sole and absolute
discretion, subject to the size restrictions described above and compliance with apphcable
provisions of the City of Clermont's Code of Ordinances and permitting requirements. The
easement nghts arising under the foregoing grant of the Grantee Sign Easement include: (a) the
nght of perpetual ingress and egress to patrol, inspect, alter, improve, rebuild, remove, alter the
content and provide access and service to the signs and all infrastructure serving the signs (e g
electrical wires and lighting) within the Grantee Sign Easement Parcel; (b) the right to clear the
Grantee Sign Easement Parcels of trees, limbs, undergrowth and other physical objects
(regardless of the location of such trees, limbs, undergrowth and other objects) which, in the
opinion of Grantee, endanger or interfere with the safe and efficient installation or operation of
such facilities, and (c) all other rights and privileges reasonably necessary or convenient for the
safe and efficient installation, operation and maintenance of the above-described facilities and for
the enjoyment and use of such easement for the purposes described above. No buildings,
structures, or obstacles which shall interfere with, or make unreasonably difficult, the exercise of
the easement rights granted herein, shall be located, constructed, excavated or created within the
Grantee Sign Easement Parcels.
Grantor shall be solely responsible for maintenance of the signs and all electrical and
lighting infrastructure servicing the signs within the Grantee Sign Easement Parcels. Grantee
shall contribute a percentage of the reasonable costs incurred by Grantor to maintain and repair
such signs equal in amount to the then current percentage of the Copy Space that Grantee is
entitled to use, provided however Grantee's obligation to contribute such percentage is not due
until thirty (30) days after Grantee has received documentation reasonably acceptable to Grantee
confirming that the costs for which Grantor is seeking reimbursement were actually incurred by
ORLDOCS 12442932 8 9
Grantor for maintenance and/or repair of the signs
Section 12. Insurance. Grantee, at all times during the construction by or on behalf
of the Grantee of the improvements on the Grantee Utility Easement Parcel, Grantee Drainage
Easement Parcel and Grantee Temporary Sewer Easement Parcel permitted by this Agreement 1)
shall cause its contractor to possess worker's compensation insurance in the amount of the Florida
Statutory Limit; and 2) shall possess general liability insurance m the amount of at least
$1,000,000. All such liability insurance shall be maintained throughout the course of the
construction of the improvements permitted by this Agreement and for a penod of time thereafter
as required by the Grantor in order to protect the Grantor from any covered liability, claims,
damages,losses or expenses arising from or out of in any way connected with construction of said
improvements Grantor shall be listed as an additional insured on the general liability policy. In
addition, Grantor and Grantee shall each provide liability insurance coverage insuring each of
their uses of the easements inuring to their respective benefit in a coverage amount of not less
than $1,000,000.00 per occurrence, with each other named as additional insureds. This
requirement may be met by a general liability insurance policy providing coverage for each of
their respective parcels.
Section 13. Non-Exclusive Easements The Easements are non-exclusive, and
Grantor and Grantee specifically reserve for themselves and their respective successors, assigns,
agents, employees,tenants, invitees, licensees, guests, contractors and subcontractors the right to
use the Easement Parcels encumbering their respective properties for any and all purposes so long
as such use does not unreasonably interfere with the other's use of the Easement Parcels as
contemplated under this Agreement. Grantor and Grantee further specifically reserve the right
and privilege at any time and from time to time to make further grants, easements, licenses, and
privileges to other persons or entities,over,under,upon and with respect to the Easement Parcels
encumbering their respective properties, so long as the foregoing will not unreasonably interfere
with the right of the other to use the applicable Easement Parcels for the purposes and in the
manner herein described Such further granting of easements,licenses and privileges with respect
to any of the Easement Parcels shall not require the consent of the other party. Each party shall
use the rights granted and reserved by this Agreement with due regard to the rights of the other
party to use and enjoy the Easement Parcels.
Section 14. Cooperation by Grantor and Grantee. Grantor and Grantee shall
cooperate in good faith with Grantee's construction of infrastructure within the Easement Parcels,
including without limitation by Grantor signing and returning to Grantee all consents and
authorizations required to be submitted to any governmental or quasi-governmental authority to
obtain permits necessary to perform such construction within a reasonable time of Grantee's
request for the same, not to exceed ten (10) calendar days. In addition, in the event Grantor and
Grantee request the other for any additional documentation from either to confirm termination of
any of the temporary easements described in this Agreement, Grantor and Grantee shall
reasonably cooperate with one another by executing and returning to the requesting party such
instrument within a reasonable time, not to exceed ten (10) calendar days from such request In
the event it ever becomes necessary for Grantor or Grantee to exercise self-help or otherwise
perform an obligation allocated to the other party under the terms of this Agreement,Grantor and
Grantee shall reasonably cooperate with one another so that the obligation is ultimately
performed,without waiving any other rights or remedies of the performing party.
ORLDOCS 12442932 8 10
Section 15. Conveyance to City of Clermont/Third Party Utility Providers.
Grantor and Grantee may convey to the City of Clermont, Flonda, or other third-party utility
provider, utility easements to replace those utility easements being granted by Grantor and
Grantee to each other provided that such easements shall be non-exclusive and perpetual, the
applicable utility infrastructure is conveyed to the City and/or third-party utility provider along
with the easement and the terms of such easement are no more burdensome or restrictive to the
party benefitting from the easement (Grantor and Grantee) in the reasonable discretion of said
benefittuig party As an additional condition precedent to such conveyances,the granting parting
shall cause its lender, if any, to join in and consent to all such conveyances of infrastructure and
grants of easements Upon such conveyance of infrastructure and grant of easements by Grantee
and Grantor to the City of Clermont, Florida or other third party utility provider, as applicable,
that part of this Agreement granting and otherwise applicable to the Grantee Utility Easement,
Grantee Utility Easement Parcel, Grantee Sewer Utility Easement, Grantee Sewer Utility
Easement Parcel, Grantor Sewer Utility Easement and Grantor Sewer Utility Easement Parcel
shall terminate and no longer be enforceable under this Agreement, provided however, the
termination of the Grantee Utility Easement shall be limited to the specific utility that is the
subject of a utility easement in favor of the City of Clermont, Florida or other third party utility
provider. Recording in the Public Records of Lake County, Florida of easements in favor of the
City of Clermont,Florida or third parties for utility services contemplated in this Agreement shall
serve as conclusive proof pursuant to this Section of the Agreement that the applicable easement
(in part if applicable) in this Agreement has been terminated Notwithstanding the immediately
preceding sentence, in the event required by Grantee, by Grantor or by any lender to Grantee or
Grantor, any contract purchaser of the Grantee Property or Grantor Property or its lender
(respectively), the City of Clermont, Florida, any other third party utility provider, or any title
insurance agent or company, Grantee and Grantor, as applicable, shall execute, and shall cause
their respective then current lenders to execute and deliver to Grantee or Grantor, as applicable,
for recording in the public records of Lake County, Florida a separate document(s) terminating
the applicable easement(s) and releasing the applicable easement parcel(s) from the terms of this
Agreement,all within a reasonable time not to exceed thirty(30)days from the date of a request.
Section 16. Binding Effect. The terms and provisions of this Agreement shall be
binding upon and inure to the benefit of Grantor, Grantee and their respective heirs,
representatives, successors, assigns, licensees, invitees, employees, tenants, lessees, agents,
customers,guests and mortgagees. The benefits and burdens hereof shall run with the fee title to
the lands herein described and be appurtenant thereto
Section 17. Amendment. This Agreement may be amended or modified at any time
only by an agreement in writing mutually agreed to, executed and acknowledged by Grantor and
Grantee, or their successors or assigns in title, and thereafter duly recorded in the Public Records
of Lake County,Florida
Section 18. Applicable Law This Agreement shall be construed and governed in
accordance with the laws of the State of Florida,with venue in Lake County,Florida.
Section 19. Captions The paragraph captions included herein are for reference only
and shall not amend, modify or be used to interpret or construe the meaning or intent of the
parties as to any of the terms and provisions hereof
ORLDOCS 12442932 8 11
Section 20. Enforcement; Remedies and Attorneys' Fees. In the event either party
fails to comply with any term, provision or condition of this Agreement,then such party shall be
in default of this Agreement If such party fails to correct any such default within thirty (30)
calendar days after receiving written notice from the other party of such default,or has not begun
to diligently cure such default, then the non-defaulting party shall have the following remedies:
(i)bring an action for damages and/or specific performance,or seek any other remedy in law or in
equity, (ii) grant additional time to cure such default; or (nn) use self-help to cure such default.
Any party which prevails in any such litigation to enforce the provisions hereof shall recover as
part of its costs reasonable attorneys' and paralegals' fees and costs, together with such other
costs and expenses as the court deems appropriate
Section 21. Remedies for Failure to Maintain or Pay
(a) To Maintain. If a party obligated to maintain an easement or easement
parcel (or repair or replace damaged improvements within the easement or, easement parcel or
property within which the easement or easement parcel is located (i e Grantor Property or
Grantee Property, as apphcable)) pursuant to the terms of this Agreement ("Defaulting Party")
(i) fails to maintain any easement or easement parcel (or repair or replace damaged
iwhich
improvements within the easement or,easement parcel or property w thin the easement or
easement parcel is located (i.e. Grantor Property or Grantee Property, as applicable)) it is
required to maintain under this Agreement, and does not cure such failure within thirty (30)
calendar days of written notice from a party that is not obligated to maintain an easement or
easement parcel (or repair or replace damaged improvements within the easement or, easement
parcel or property within which the easement or easement parcel is located (i.e. Grantor Property
or Grantee Property, as applicable)) under this Agreement ("Performing Party") and (ii) such
failure interferes with the Performing Party's use of the easement or easement parcel, the
Performing Party may cause such maintenance to be performed in which case the Performing
Party shall, in addition to all other remedies, have a lien on the Defaulting Party's property to
permit the recovery of the maintenance costs incurred by the Performing Party, together with a
reimbursement for reasonable overhead expenses of ten percent (10%) of such maintenance
costs, interest at the maximum rate allowed by law, costs and attorneys' fees incurred by the
Performing Party in enforcing the lien or recovering the amount due it. In the event that a
Defaulting Party fails to pay the amount owed under this Agreement to a Performing Party, and
does not cure such failure within fifteen(15)calendar days of written notice from the Performing
Party to whom the amount is owed,the Performing Party shall, in addition to all other remedies,
have a lien on the Defaulting Party's parcel upon recording a claim of hen in the Public Records
of Lake County Florida, to permit the recovery of the amount owed to the Performing Party,
together with a reimbursement for reasonable overhead expenses of ten percent (10%) of such
construction costs, interest at the maximum rate allowed by law, costs and attorneys' fees
incurred by the Performing Party in enforcing the lien or recovering the amount due it Any lien
arising out of this Section 21 will be junior and inferior to any first mortgage, including any
subsequent mortgage granted to a subsequent lender m replacement of the first mortgage, on the
Defaulting Party's property held by a bank, savings and loan, insurance company or similar
institutional lender ("Lender") recorded prior to the date that the Performing Party records a
claim of lien in the Public Records of Lake County, Florida. Such lien may be foreclosed m the
manner permitted for the foreclosure of mortgages A Lender shall have no personal liability for
unpaid obligations of the Defaulting Party. A Performing Party performing the obligations of a
Defaulting Party pursuant to this section shall have a temporary access and construction
easement over the Defaulting Party's property, and the right to use any Easements granted under
ORLDOCS 12442932 8 12
this Agreement to the Defaulting Party (subject to any limitations on or obligations concerning
the use of such Easements set forth in this Agreement), to permit the Performing Party to
exercise its rights under such sections Such temporary access and construction easement is for
the sole benefit of the Performing Party and its contractors, for use in conjunction with the
Performing Party's exercise of rights under this section, and shall terminate immediately
following such exercise of nghts. The remedies provided under this Section 21 are not intended
to be exclusive, and any Performmg Party shall have all other remedies against a Defaulting
Party available at law or equity.
(b) In the event that a party is unable to timely perform its maintenance,repair
or replacement obligations under this Agreement, due to circumstances beyond its control
(including, without limitation, action or inaction of a government agency) not based upon an act
or failure to act of the Performing Party, fire, flood, hurricane, tornado, earthquake, windstorm,
sink hole, unavailability of materials, equipment or fuel, war, declaration of hostilities, terrorist
act, civil strife, stnke, labor dispute, epidemic, archaeological excavation, or act of God, such
delay (an "Excused Delay") shall be excused in the manner herein provided. If such party is
delayed in any maintenance, repair or replacement required by this Agreement for occurrence of
an event of Excused Delay,the date for action required or contemplated by this Agreement shall
be extended by the number of days equal to the number of days such party is delayed. The party
seeking to be excused based on an event of Excused Delay shall give written notice of the delay
to the Performing Party, which notice shall indicate the anticipated duration of the Excused
Delay Each party shall use its best efforts to rectify any conditions causing the delay and will
cooperate with the other party, except for the occurrence of unreasonable additional costs and
expenses,to overcome any loss of time that has resulted.
Section 22. No Agency. Nothing in this Agreement shall be deemed or construed by
either party or by any third person to create the relationship of principal and agent or as limited or
general partners or of joint ventures or of any other association between the parties
Section 23. Covenants to Run With Land. It is intended that the easements created
herein shall run with the land and create equitable servitudes in favor of the real property
benefitted thereby, shall bind every person having any fees, leaseholder or other interests therein
and shall inure to the benefit of the respective parties and their respective successors, assigns,
heirs and personal representatives.
Section 24. Acceptance by Subsequent Grantees. The grantee of the Grantor
Property or the Grantee Property or any portion thereof, by acceptance of the deed conveying title
thereto or to the execution of a contract for the purchase thereof,whether from an original party or
from a subsequent owner of such Grantor Property or Grantee Property, shall accept such deed or
contract upon and subject to each and all of the easements, covenants, conditions, restrictions and
obligations contained herein. By such acceptance, any such grantee shall for itself and its
successors, assigns, heirs and personal representatives, covenant, consent and agree to and with
the other party, to keep, observe, comply with, and perform the obligations and agreements set
forth herein with respect to the property so required by such grantee
Section 25. Non-Dedication. This Agreement is not intended to be a gift or
dedication of any portion of the Grantor Property or Grantee Property to the general public or for
any public purpose.
ORLDOCS 12442932 8 13
Section 26. Representations and Warranties. The Grantor and Grantee hereby
represent and warrant to each other that they have the right, title and authority to grant the
easement rights provided herein and that no other parties have the nght or authority to approve or
disapprove the terms hereof, except for the lender set forth herein, which lender joins m and
consents to the grant of easements contained herein. The Grantor and Grantee further warrant and
represent to each other that, except with respect to all matters of record as of the date hereof,
Grantor Property and Grantee Property are free from any and all liens and encumbrances.
Section 27. Estoppel Certificates Each party agrees that upon written request
(which shall not be more frequent than three(3)times during any calendar year)from time to time
of any other party, it will timely issue at no charge to a prospective mortgagee such other party or
to a prospective purchaser or successor party to such other party, an estoppel certificate stating.
(a) whether the party to whom the request has been directed knows of any defaults by any party
under this Agreement,and if there are known defaults,specify the nature thereof; (b)whether this
Agreement has been assigned,modified or amended in any way by such party (and if it has,then
stating the nature thereof);(c)that to the best of the requesting party's knowledge,this Agreement
as of that date is m full force and effect; and (d) that to the best of the requesting party's
knowledge, there are not any sums owed by any party Such statement shall act as a waiver of
any claim by the party furnishing it to the extent such claim is based upon facts contrary to those
asserted against bona fide encumbrance or purchaser for value without knowledge of facts to the
contrary of those contained m the statement, and who has acted in reasonable reliance upon the
statements; however, such statement shall in no event subject the party furnishing it to any
liability whatsoever, notwithstanding the negligent or other inadvertent failure of such party to
disclose correct or relevant information.
Section 28. Agreement shall continue notwithstanding breach It is expressly
agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise
terminate this Agreement or any Easement arising hereunder. However, such limitation shall not
affect m any manner any other rights or remedies which a party may have hereunder or under
applicable law by reason of any such breach
Section 29. Notices. The addresses of Grantor and Grantee are as set forth in the
initial paragraph. Any notice given by United States mail shall be deemed so given on the third
calendar day after the same is deposited in the Umted States mail registered or certified matter,
addressed as above provided, with postage thereon fully prepaid. Any notice that is given by
another method shall be deemed to be delivered upon receipt by the party to whom the same is
given. If by a recognized overnight courier such as Federal Express, receipt shall occur upon
delivery of the applicable notice to the applicable address according to the records of the
overnight courier. The parties may from time to time notify the other of changes regarding where
notices should be sent by sending notification of such changes pursuant to this paragraph.
Section 30. Waiver No waiver of, acquiescence in, or consent to any breach or
default of any term or condition hereof shall constitute or be construed as a waiver of,
acquiescence in or consent to any other,further or succeeding breach or default of the same or any
other term or condition
Section 31. Severability. If any term or condition of this Agreement shall, in any
case, be invalid or unenforceable under applicable law, then the same and all other terms and
ORLDOCS 12442932 8 14
conditions of this Agreement shall, in all other cases, not be affected thereby, and all such terms
and conditions shall be valid and enforceable to the fullest extent permitted by applicable law
Section 32. Entire Agreement This Agreement and the documents incorporated
herein constitute the entire agreement between the parties regarding the Easements created
hereunder This Agreement shall not be construed with resort to any presumption against the
preparer or maker hereof.
Section 33. Counterpart Execution This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument
Section 34. Further Assurances. The parties hereto, for themselves and their
successors and assigns, agree to execute any and all further instruments and documents and take
all such action as may be reasonably required to effectuate the terms,provisions and intent of this
Agreement
Section 35. Mortgagee Rights In the event a Lender or any affiliate of a Lender(for
purposes of this paragraph the term "Lender"shall include any corporation or partnership owned
or controlled by the Lender) acquires title to a parcel from a Defaulting Party, by virtue of
foreclosure, deed in lieu of foreclosure, or otherwise,'then, anything in this Agreement to the
contrary notwithstanding, Lender shall have no personal liability for any damages resulting from
its default under the terms of this Agreement, and the Performing Party agrees that it shall look
solely to the estate and interest of the Lender in the parcel subject to this Agreement for the
collection of any judgment(or other judicial process) requiring the payment of money by Lender
in the event of any default or breach by Lender with respect to any of the terms, covenants and
conditions of this Agreement to be observed and/or performed by Lender, and no other assets of
the Lender shall be subject to levy, execution or other procedures for the satisfaction of
Performing Party's remedies. Lender shall not be personally liable for any act or omission of any
prior parcel owner,nor shall the Lender be bound by any maintenance and repair costs which the
Performing Party might have paid for more than the current year to any prior parcel owner nor
shall it be bound by any amendment or modification of this Agreement made without its written
consent,not to be unreasonably withheld,conditioned or delayed. The Grantor and Grantee agree
to provide Lender a copy of any Notice delivered to another party pursuant to Section 21 hereof.
Notice shall be delivered to Lender in the manner specified in Section 29 hereof. The address of
Lender is set forth in the joinder and consent to this Agreement,attached hereto
Section 36. JURY WAIVER EACH PARTY HEREBY COVENANTS AND
AGREES THAT IN ANY LITIGATION, SUIT, ACTION, COUNTERCLAIM OR
PROCEEDING, WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF
CONCERNS, OR RELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS
CONTEMPLATED HEREUNDER, THE PERFORMANCE HEREOF, OR THE
RELATIONSHIP CREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT
JURISDICTION AND NOT TO A JURY EACH PARTY HEREBY IRREVOCABLY
WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE
AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT,
AS WRI1-1EN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE
WAIVER OF THEIR RIGHT TO TRIAL BY JURY NEITHER PARTY HAS MADE OR
ORLDOCS 12442932 8 15
RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY THE OTHER PARTY
REGARDING THE ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ
AND UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
ORLDOCS 12442932 8 16
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be
signed m their names by their undersigned officers thereunto duly authorized by due and lawful
authority as of the day and year first above written.
Signed,sealed,and delivered CLERMONT RETIREMENT
in the presence of: RESIDENCE LLC,a Washington limited
liability company
3tjjapsWitness By Hawthorn Management Services Corp,a
►1, o____s Washington corporation,its manager
Prim Name r '
ALE ' By.
W / Barton G. Colson,President
rPrinted Name
STATE OF WASHINGTON
COUNTY OF CLARK
I HEREBY CERTIFY, that on this orday of December, 2012 before me personally
appeared Barton G. Colson, as President of Hawthorn Management Services Corp, a
Washington corporation, manager of CLERMONT RETIREMENT RESIDENCE LLC, a
Washington limited liability company. He is personally know to me d ,
on
Witness my hand and official seal this D day of December,2012.
_ (pi
NOTARY PUBLIC liqtary Signature -Par 4 4e»
STATE OF WASHINGTON Q,Goi h
ROBIN R.GOINS Printed Notary Name
Commission Ewes September 26,2015 Notary Public m and for the County and
State aforesaid
My Commission Expires: 4 ? ; S
ORLDOCS 12442932 8 17
WITNESSES:
By:
i . / , Mikeen,Trustee of the Local Board of
'fife' :IL , w,; Trustees of the Church of God,an
unincorporated association,a/k/a Celebration
' of Praise Church of God
Print Name• (7 to
STATE OF FLORIDA
COUNTY OF e)�N6C
The foregoing instrument was acknowledged before me this ./511 day of December, 2012 by
Mike Green, as Trustee of the Local Board of Trustees of Church of God, an unincorporated
association, a/k/a Celebration of Praise Church oS God, on behalf of said association. He 0 is
personally known to me or irg has produced •e l,'c. as identification.
eLex.7)-0
t Name. Notary Pubic State of Florida
Joan M Scraper
i •otary Public, State of Flonda My commiselon D13872573
Commission No , if any. Expires 03/25/2013
My commission expires.
ORLDOCS 12442932 8 18
WITNESSES:
By. 210-).--:lh-
•
l `�, • d Edwin Rodriguez,Trus e o the Local
P , Name: ;a , , A,- ,- Board of Trustees of the Church of God, an
/ / unincorporated association,a/k/a Celebration
li i 'r of Praise Church of God
Print Name. ..,., _ Sr-)
STATE OF FLORIDA
COUNTY OF pe,9,t4
The foregoing instrument was acknowledged before me this 2/5t day of December, 2012 by
Edwin Rodriguez, as Trustee of the Local Board of Trustees of Church of God, an
unincorporated association, a/k/a Celebration of Praise Church of God, Qn behalf of said
association. He ❑ is personally known to me or & has produced P t. 13 L_I C as
identification.
a. ---)h •>jc-t4e.zfiLe-A—
:�',1 ��� 00��gg Notary Public State of Fbddp l
t Name rjl R Joan M Scraper
Fr'tary Public,State of Florida ft "yCommieston DD8l2573
Expires 032512013
Commission No,if any.
My commission expires:
ORLDOCS 12442932 8 19
WITNESSES:
By: . 1. _. A11.
Waymon Mill ,Trustee • the Local Board
Print Name. .L -7;71-.14 A/C.A. of Trustees of the Church •f God,an
unincorporated association,a/k/a Celebration
or,�, ,,4, - , of Praise Church of God
Print Name. jj,;-)1 ohSir 0-11-1-6k.
STATE OF FLO IDA
COUNTY OF 1.7v E LL4
The foregoing instrument was acknowledged before me this 26
day of December, 2012 by
Waymon Miller,as Trustee of the Local Board of Trustees of Church of God,an unincorpo
association, a/k/a Celebration of Praise Church of God, on behalf of said association. He is
personally known to me or 0 has produced as identification.
;A)
Print Name: PPp.+,
J4.--Ta-4.--Ta J ' , MY E
i ��
Notary Public, State of Florida = ° I
'
CommissionBeetkinntaileiteguonags
No.,if any: �±-
My commission expires• to r 3 0--/3
ORLDOCS 12442932 8 20
Prepared By and Return To:
D SCOTT BAKER
Zimmerman,Kiser&Sutchffe,P.A.
315 E.Robinson St.,Suite 600
Orlando,FL 32801
Phone:(407)425-7010
CONSENT AND JOINDER OF MORTGAGEE
The undersigned, CENTENNIAL BANK, an Arkansas banking corporation (mortgagee), the
mortgagee under and holder of (1) that certain Real Estate Mortgage and Security Agreement recorded in Book
3474,Page 637,Assignment of Leases,Rents,and Profits recorded in Book 3474,Page 648,Collateral Assignment
of Development Rights,Contracts,Permits and Licenses and Utility Rights recorded in Book 3474,Page 658,and
UCC Financing Statement recorded in Book 3489,Page 702,as assigned by Old Southern Bank by that Assignment
of Security Instruments and Other Loan Documents recorded on May 12, 2010 in Book 3904, Page 1682, as
modified by that certain Note and Mortgage Modification and Renewal Agreement recorded on August 10,2012 m
Book 3936, Page 1914, and further modified by that Mortgage and Note Modification and Renewal Agreement
recorded on December 8,2011 in Book 4102,Page 1263, as further modified by UCC-3 Amendment recorded on
August 10,2010 in Book 3936,Page 1930,and as further modified by UCC-3 Continuation recorded on August 2,
2012 in Book 4194,Page 2046,all of the Public Records of Lake County,Florida,and(2)that certain Real Estate
Mortgage and Security Agreement recorded in Book 3474, Page 664, Assignment of Leases, Rents, and Profits
recorded in Book 3474,Page 676,Collateral Assignment of Development Rights,Contracts,Permits and Licenses
and Utility Rights recorded in Book 3474,Page 687,and UCC Financing Statement recorded in Book 3489,Page
700, as assigned by Old Southern Bank by that Assignment of Security Instruments and Other Loan Documents
recorded on May 12,2010 in Book 3904,Page 1682,as modified by that certain Note and Mortgage Modification
and Renewal Agreement recorded on August 10,2012 in Book 3936,Page 1922,further modified by that Mortgage
and Note Modification and Renewal Agreement recorded on December 8,2011 in Book 4102,Page 1272,as further
modified by UCC-3 Amendment recorded on August 10, 2010 m Book 3936, Page 1931,as further modified by
UCC-3 Continuation recorded on August 2, 2012 in Book 4194, Page 2045, and as further modified by UCC-3
Continuation recorded on August 2, 2012 in Book 4194, Page 2047, all of the Public Records of Lake County,
Florida, hereby consents and joins m the foregomg Access,Utility,Drainage and Sign Easement Agreement with
Clermont Retirement Residence,LW, and subordinates its mortgage hen and other secunty interests encumbering
all or any part of the Grantor Property(as described in the foregoing Access,Utility,Drainage and Sign Easement
Agreement)to the Access,Utility,Drainage and Sign Easement.
IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this (0 day of
December,2012
Witnesses "MORTGAGEE"
CENTENNIAL BANK,
an Arkan'•: . : corporation
✓'�� ���� / B'.
Printed Name: ANA . OROZCO CY NORMAN,
Witness as First Vice President
,I c/ %
Printed-Name. f SG71-1. ;.4"' A
Witness
STATE OF FLO:IDA
COUNTY OF
The foregoing instrument was acknowledged before me this -4' day of December, 2012, by Cy
Norman as First Vice President for Centennial Bank,on behalf of the bank. He is[.er>onally known to me or[ J
has provided as valid identification
41.
Notary Public,State of Florida
,,,�„ �M.OROZCO Printed Name ANA M. OROZCO
� � my cowavoui EE 172317 My Commission Expires
* ',,. - EXPIRES Match i2,2016 My Commission No.
�':oa go�dllvu&�pd l ao�e
EXHIBIT"A"
GRANTOR PROPERTY
Tracts 33, 34, and 48 West of the Highway, and Tracts 37, 38, 39, 40, 41, 42, 43, 44, 47 and 54 of
MONTE VISTA PARK FARMS in Section 5, Township 23 South, Range 26 East, according to the plat
thereof recorded in Plat Book 2, Page 27 of the Public Records of Lake County, Florida; and the NW 1/4
of the SE 1/4 of Section 5, Township 23 South, Range 26 East, Lake county, Florida.
Less and Except.
That part of Tract 48 Westerly of State Road 25(U.S Highway N. 27-Formerly No. 19)of MONTE VISTA
PARK FARMS, according to the plat thereof recorded in Plat Book 2, Page 27, Public Records of Lake
county, Florida in Section 5,Township 23 South, Range 26 East, lying westerly of the survey line of State
Road 25 (aka U.S. Highway 27), Section 11200 and within a straight line transition of 145 feet at Station
1532+00 to 112 feet at Station 1537+00, said survey line being described and said stations being located
as follows:
Commence at a point on the East boundary of Section 5, Township 23 South, Range 26 East, located
1300.17 feet Northerly of the southeast corner of said Section 5; thence run South 26°52'00" East 28.31
feet to the beginning of this part of said survey line at station 1532+00 thence North 26°52'00"West 500
feet to the end of said survey line at Station 1537+00; according to Deed recorded September 28, 1970
in Book 414, Page 436.
Also less and except: parcels conveyed to Lake County, Florida, a political subdivision, identified as
SC#RW3 and SC#RW4,described in Deed recorded May 16, 2005 In Book 2833, Page 2332.
Also less and except the following parcel conveyed to Clermont Retirement Residence LLC and mote
particularly described as follows:
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN
UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS RECORDED IN PLAT BOOK
2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT
BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE
ALONG THE SOUTH BOUNDARY OF SAID PLAT, N.89°20'43°W., A DISTANCE OF 734.45 FEET TO THE
POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH BOUNDARY, S.00°39'17'W., A DISTANCE OF
84.24 FEET;THENCE S.44°20'43"E., A DISTANCE OF 224.08 FEET;THENCE S.00°39'17"W.,A DISTANCE
OF 326.26 FEET; THENCE S.45°39'17"W., A DISTANCE OF 117.94 FEET; THENCE N.89°20'43"W., A
DISTANCE OF 331.69 FEET; THENCE N.00°39'17'1E., A DISTANCE OF 652.35 FEET TO AFORESAID
SOUTH BOUNDARY; THENCE ALONG SAID SOUTH BOUNDARY, S.89°20'43"E., A DISTANCE OF 256.64
FEET TO THE POINT OF BEGINNING.
ORLDOCS 12442932 8 22
EXHIBIT"B"
GRANTEE PROPERTY
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO
BEING AN UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS" AS
RECORDED IN PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHEAST CORNER OF "TUSCANY VILLAGE - PHASE 1" AS
RECORDED IN PLAT BOOK 64,PAGES 13 THROUGH 15,OF THE PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE ALONG THE SOUTH BOUNDARY OF SAID PLAT,
N.89°20'43"W., A DISTANCE OF 734.45 FEET TO THE POINT OF BEGINNING THENCE
DEPARTING SAID SOUTH BOUNDARY, S.00°39'17"W, A DISTANCE OF 84 24 FEET,THENCE
S 44°20'43"E., A DISTANCE OF 224.08 FEET; THENCE S 00°39'17"W, A DISTANCE OF 326.26
FEET; THENCE S.45°39'17"W, A DISTANCE OF 117 94 FEET; THENCE N 89°20'43"W., A
DISTANCE OF 331.69 FEET, THENCE N.00°39'17"E., A DISTANCE OF 652.35 FEET TO
AFORESAID SOUTH BOUNDARY, THENCE ALONG SAID SOUTH BOUNDARY, S.89°20'43"E.,
A DISTANCE OF 256 64 FEET TO THE POINT OF BEGINNING
ORLDOCS 12442932 8 23
.
EXHIBIT"C"
GRANTEE ACCESS EASEMENT PARCEL
ORLDOCS 12442932 8 24
SKETCH OF DESCRIPTION FOR ,
DESCRIPTION CLERMONT RETIREMENT RESIDENCE LLC
ACCESS EASEMENT: EXHIBIT"C"
A PARCEL OF LAND LUNG IN THE S.E. 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANCE 28 EAST, ALSO BEING A PORTION
OF LOTS 34. 47 AND AN UNIDENTIFIED PORTION OF THE PLAT OF MONTE VISTA PARK FARMS'AS RECORDED IN P1.47 BOOK
2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. AND A PORTION OF TRACT E' OF NOTTINGHAM AT
LEGENDS'AS RECORDED IN PLAT BOOK 57, PAGES 5 THROUGH 9 INCLUSIVE OF THE PUBLIC RECORDS OF LAKE COUNTY.
FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT THE S E CORNER OF "TUSCANY VILLAGE - PHASE 1'AS RECORDED IN PLAT BOOK 64, PAGES 13 THROUGH 15
INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT
OF WAY LINE OF U S. HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES). THENCE ALONG SAID SOUTHWESTERLY RIGHT OF
WAY UNF, S.24'48'58 E, A DISTANCE OF 72 43 FEET. THENCE DEPARTING SAID RIGHT OF WAY LINE, S 88 22'49'W, A
DISTANCE OF 29.98 FEET. THENCE N83'37'09111. A DISTANCE OF 151 62 FEET TO THE POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 138.00 FEET, A CENTRAL ANGLE OF I14'05'03'AND A CHORD
BEARING AND DISTANCE OF 5.32'03'88'W• 231.56 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 274.78 FEET TO A POINT OF TANGENCY. THENCE S.24'58 33 E., A DISTANCE OF 287 36 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 18200 FEET, A CENTRAL ANGLE OF 575337
AND A CHORD BEARING AND DISTANCE OF S03'58'1511,, 176 18 FEET, THENCE SOUTHERLY. ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 183 90 FEET TO A POINT OF TANGENCY' THENCE S.32'55'04'W. A DISTANCE OF 269 01 FEET,
THENCE N 7(734'26"W, A DISTANCE OF 128 88 FEET; THENCE N.25'37 53 W. A DISTANCE OF 37 40 FEET: THENCE
N 58'52'46'W, A DISTANCE OF 154 32 FEET, THENCE S 80 68'OS'W, A DISTANCE OF 37 95 FEET TO A POINT ON A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 158 00 FEET, A CENTRAL ANGLE OF 5709.31`AND A CHORD
BEARING AND DISTANCE OF N 60'56'S1'W. 160,73 FEET. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 167 60 FEET TO A POINT OF TANGENCY. THENCE N 89'31'36'W. A DISTANCE OF 268 42 FEET. THENCE
N 00.39'l7E, A DISTANCE OF 562 73 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 88.00 FEET, A CENTRAL ANGLE OF 98 05'01'AND A CHORD BEARING AND DISTANCE OF N.48'23'131Y,
132 91 FEET, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 150.65 FEET 70 A POINT OF
TANGENCY. THENCE S.82'34'16'I, A DISTANCE OF 296 13 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 112.00 FEET, A CENTRAL ANGLE OF 65'5237`AND A CHORD BEARING AND DISTANCE
OF N 64'29'251 V. 121 80 FEET. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 128.77 FEET
TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY UNE OF HAMMOCK RIDGE ROAD (ALSO KNOWN AS SOUTH CLERMONT
CONNECTOR) (RIGHT OF WAY WIDTH VARIES), SAID POINT ALSO BEING ON A CURVE; CONCAVE NORTHWESTERLV, HAVING A
RADIUS OF 759 00 FEET. A CENTRAL ANGLE 01 49'07'AND A CHORD BEARING AND DISTANCE OF N 62.19'03"", 24 07
FEET; THENCE ALONG SAID CURVE AND SAID SOUTHEASTERLY RIGHT OF AWAY UNE, A DISTANCE OF 24.07 FEET THENCE
DEPARTING SAID RIGHT OF WAY LINE ALONG A CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 88.00 FEET, A
CENTRAL ANGLE OF 64'49'10` AND A CHORD BEARING AND DISTANCE OF S 85'01'09E., 94.33 FEET, THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 99 S6 FEET TO A POINT OF TANGENCY. THENCE
N.82'34'16E, A DISTANCE OF 286 13 FEET TO THE POINT OF CURVATURE OF A CHIVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 11200 FEET, A CENTRAL ANGLE OF 59'0729'AND A CHORD BEARING AND DISTANCE OF S.67'5159E,
110 51 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 115.58 FEET TO THE END OF
SMD CURVE, THENCE S.713'21'07"E.. A DISTANCE OF 29 02 FEET. THENCE 100'39'17N. A DISTANCE OF 603.53 FEET;
THENCE S 89'31'36E. A DISTANCE OF 152 32 FEET, THENCE N OO'28'24E, A DISTANCE OF 12 17 FEET; THENCE
S.8970'43'E, A DISTANCE OF 50 00 FEET, THENCE S 00'28'24'W. A DISTANCE OF 12 01 FEET, THENCE S 8911'36E., A
DISTANCE OF 38 45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF
192 00 FEET, A CENTRAL ANGLE OF 327121'AND A CHORD BEARING AND DISTANCE OF S 63'2036"., 169.41 FEET`,
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 175 45 FEET TO THE END OF SAID CURVE
THENCE N 80'58 05"E, A DISTANCE OF 31 67 FEET, THENCE S 58 52'46'E. A DISTANCE OF 170.26 FEET, THENCE
S.25'3753E, A DISTANCE OF 34 64 FEET, THENCE&70'34 26'E., A DISTANCE OF 100.01 FEET; THENCE N.32115'04'E, A
DISTANCE OF 25009 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 158.00
FEET: A CENTRAL ANGLE OF 5753'37"AND A CHORD BEARING AND DISTANCE OF N 0318.15.E. 152 94 FEET, THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 159 65 FEET TO A POINT OF TANGENCY; THENCE
N.24'58331Y, A DISTANCE OF 287 38 TO A POINT OF CURVATURE OF A CURVE. CONCAVE SOUTHEASTERLY. HAVING A
RADIUS OF 162.00 FEET A CENTRAL ANGLE OF 113'02'44'AND A CHORD BEARING AND DISTANCE OF N 3I'32'49'E,
270 25 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 319.63 FEET TO A POINT OF
TANGENCY, THENCE N 85'3028E, A DISTANCE OF 145.82 FEET, THENCE N.29'3742E, A DISTANCE OF 16.56 FEET TO
THE POINT OF BEGINNING SAID LANDS CONTAINING 184 ACRES, MORE OR LESS.
SHEET 1 OF 2
ONE IS NOT COMPLETE WITHOUT THE OTHER
NOTES: SEE SHEET 2 OF 2 FOR SKETCH
1 DATE OF SKETCH NOVEMBER 05, 2012
2. SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD.
3. PUBLIC RECORDS NOT SEARCHED BY R.M BARRINEAU & ASSOCIATES, INC.
4. BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM, NAD-63,
2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES
6 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL
NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTRY UT AUTHORIZATTON FROM R M.
BARRINEAU & ASSOCIATES. INC
SURVEYOR'S CERTIFICATION:
CERTIFIED TO. I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS
1. CLERMONT RETIREMENT RESIDENCE LLC THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
2. CELEBRATION CHURCH OF PRAISE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
3. FIRST AMERICAN TITLE INSURANCE COMPANY
5J-17 050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472 027, FLORIDA STATUTES
*NOW THIS IS NOT A SURVEY!
OF R.M 6ARRINEAU&ASSOCIATES, INC.
1. EXHIBIT"C" Nor Imo moor r ir sIONOURE Mo TME°aero"MUD SEN-0 2 A ROa01 uovaira&aeon MT WPM
/� R.M. BARRINEAU � D 'WN Ki.PL JOS 11088 +
;'/ (l. ' AND ASSOCIATES REVISED DWG# 11088SK-ADDR_
PROPEI$IONALSURVEYORS&MAPPII3 CHECKED TP8
"r ammo P m,P.K•ON 8.E lab MOM.,mro,.a f,amr MmACCESS EASEMENT
\P11088 I 67A71A*FAN(ase assn..NN,1 A.nI. "
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ft, �`�\./MOMS(U Eno* .PAM(3 atBmn....+.moA..vm.
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� SCALE 1" = 200' oawrreGNr®AavFareEn. 2012
EXHIBIT"D"
GRANTEE UTILITY EASEMENT PARCEL
Tracts 33, 34, and 48 West of the Highway, and Tracts 37, 38, 39, 40, 41, 42, 43, 44, 47 and 54 of
MONTE VISTA PARK FARMS in Section 5, Township 23 South, Range 26 East, according to the plat
thereof recorded In Plat Book 2, Page 27 of the Public Records of Lake County, Florida; and the NW 1/4
of the SE 1/4 of Section 5, Township 23 South, Range 26 East, Lake county, Florida
Less and Except:
That part of Tract 48 Westerly of State Road 25(U.S. Highway N. 27- Formerly No. 19)of MONTE VISTA
PARK FARMS, according to the plat thereof recorded in Plat Book 2, Page 27, Public Records of Lake
county, Florida in Section 5,Township 23 South, Range 26 East, lying westerly of the survey line of State
Road 25 (aka US. Highway 27), Section 11200 and within a straight line transition of 145 feet at Station
1532+00 to 112 feet at Station 1537+00,said survey line being described and said stations being located
as follows:
Commence at a point on the East boundary of Section 5, Township 23 South, Range 26 East, located
1300.17 feet Northerly of the southeast corner of said Section 5;thence run South 26°52100" East 28.31
feet to the beginning of this part of said survey line at station 1532+00 thence North 26°52'00"West 500
feet to the end of said survey line at Station 1537+00; according to Deed recorded September 28, 1970
in Book 414, Page 436.
Also less and except: parcels conveyed to Lake County, Florida, a political subdivision, identified as
SC#RW3 and SC#RW4,described In Deed recorded May 16,2005 in Book 2833, Page 2332.
Also less and except the following parcel conveyed to Clermont Retirement Residence LLC and more
particularly described as follows:
A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, ALSO BEING AN
UNIDENTIFIED PORTION OF THE PLAT OF "MONTE VISTA PARK FARMS"AS RECORDED IN PLAT BOOK
2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF 'TUSCANY VILLAGE - PHASE 1" AS RECORDED IN PLAT
BOOK 64, PAGES 13 THROUGH 15, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE
ALONG THE SOUTH BOUNDARY OF SAID PLAT, N.89°20'43"W., A DISTANCE OF 734.45 FEET TO THE
POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH BOUNDARY, S.00°39'17"W., A DISTANCE OF
84.24 FEET;THENCE 5.44°20'43"E., A DISTANCE OF 224.08 FEET;THENCE S.00°39'17"W.,A DISTANCE
OF 326.26 FEET; THENCE S.45°39'171W, A DISTANCE OF 117.94 FEET; THENCE N.89°20'43"W., A
DISTANCE OF 331.69 FEET; THENCE N.00°39'17"E., A DISTANCE OF 652.35 FEET TO AFORESAID
SOUTH BOUNDARY; THENCE ALONG SAID SOUTH BOUNDARY, S.89°20'43"E., A DISTANCE OF 256.64
FEET TO THE POINT OF BEGINNING
ORLDOCS 12442932 8 25
•
EXHIBIT"E"
GRANTEE DRAINAGE EASEMENT PARCEL
ORLDOCS 12442932 8 26
SKETCH OF DESCRIPTION FOR EXHIBIT"E'
CLERMONT RETIREMENT RESIDENCE LLC
TUSCANY VILLAGE - PHASE 1 \
PER PLAT 8O0K 64 PAGES 1J-15
POINTSOUTHEAST CORNER OCOMMBNCEMFNT 13q1 SS
TUSCANY VILLAGE - PHASE I r
e.
N 89 20'4315, 734 45' x ' m
.e SOUTH BOUNDARY OF O FE PATASE I OF TUSCANY %-RI.‘'% VA.
R'f
'y AND THE S� T� `�N W
a NORTH BOUNDARY OF THE S.E 1/1 OF SECTION `F_ 51NA S
t S.TOWNSHIP 23 SOUTH RANGE 26 EAST \GG
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6 LINE OF LLS HIGHWAY NO 27
14
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ALTERNATE KEYEY38 JB8755B
1
AL?ERNA7E 1LRY 1412153
*NOTE' THIS IS NOTA SURVEY!
no
ALTERNARB KEY .
8888569
POINT OF BEGINNING64.
�
� 60� CERTIFIED TO.
1 CLERMONT RETIREMENT RESIDENCE LLC
�' � 2 CELEBRATION CHURCH OF PRAISE
DESCRIPTION 3. FIRST AMERICAN TITLE INSURANCE COMPANY
DRAINAGE EASEMENT#4.
A PARCEL OF LAND LYING IN THE S.E. 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH. RANGE 28 EAST, LAKE COUNTY.
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE S.E CORNER OF "TUSCANY VILLAGE - PHASE 1"AS RECORDED IN PLAT BOOK 84, PAGES 13
THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTYY, FLORIDA, SAID POINT ALSO BEING ON THE
SOUTHWESTERLY RIGHT Of WAY LINE OF U S HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES), THENCE ALONG
THE SOUTH BOUNDARY OF SAID "TUSCANY VILLAGE- PHASE 1"AND THE NORTH BOUNDARY OF THE S.E 1/4 OF
SAID SECTION 5, N.89'20'43'W, A DISTANCE OF 734 45 FEET, THENCE DEPARTING SAID BOUNDARY LINE,
5.01739'171Y, A DISTANCE OF 84.24 FEET. THENCE 5.44.20'43'., A DISTANCE OF 12316 FEET 717 THE POINT OF
BEGINNING THENCE N.5414 26 E, A DISTANCE OF 71 26 FEET, THENCE S.35'12'34"E. A DISTANCE OF 2000
FEET, THENCE S.54 54'261Y. A DISTANCE OF 68.04 FEET, ]HENCE N.44'20'43'W, A DISTANCE OF 20 26 FEET TO
THE POINT OF BEGINNING
CONTAINING 003 ACRES, MORE OR LESS
N
1. DATE OF SKETCH OCTOBER 30, 2012
2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD
3 PUBLIC RECORDS NOT SEARCHED BY I?M BARRINEALI h ASSOCIATES, INC
4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM.
NA0-83, 2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PRONIBRED
WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES
6 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARIY(IES) NAMED HEREON, AND
SHALL NOT BE DUPLICATED CR RELIED UPON BY ANY OTHER INOMDUAL OR ENTITY WITHOUT
AUTHORIZATION FROM RM BARRINEAU & ASSOCIATES, INC.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS
THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
LEGEND. 5J-17050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
—0- a BROKEN LINE, NOT DRAWN TO SCALE SECTION 472 027, FLORIDA STATUTES
O.R a OFFICIAL RECORDS OF LAKE COUNTY
OF R.:17:
&ASSOOWTES INC.
EXHIBIT"E" , THF THE orwat4L R.M. BARRINEAUdaDRAN DWG T 1�oL38SK—DDDR
�o' AND ASSOCIATES
�/ ;PROFEfSIONAS SURVEYORS i MAPPERS
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t .C�.PHONE T 5 Amiss•PAX LSA IARy7t.w"sm"1bW,s. _ APPROVED T P B
"_` ` Hawn PAUL.it IkARKIKVA SHEET 1 OF 1
WORRY�,,aim ^SCALE 1" = 40' ^ COPYRIGHT®NOVEMBER,2012
EXHIBIT"F"
GRANTEE SEWER UTILITY EASEMENT PARCEL
ORLDOCS 12442932 8 27
i
SECTION S.TORNSNIP 23 SOUTH,RANCE 29 EAST
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i - ;; R M. BARRTNEAU a�-W N KLJ vDWG 11088 088SK-ADDR `
lD- AND ASSOCIA ESEv
•,' ROPU$IONAl3URYFTORE I MAPPERS CHECKED T P B
(1;.-('„,....P nmrmm P1r7.uoe ae san L Bub 1m.0u0�ilnnron NM SEWER EASE OFFSITE
mm6 teed 0224132.r"I2�2almrl..w'''.6.2
(� APPROVED T P B SHEET 1 OF 1
1 I120�WOa 4 U )RAY.PdM,7013 (1.67fiT ,I.Ma110)WD1a1 iI OI
.:..,. - 171pp1.0U 61(NT O NalWN" aw SCALE = i Oo' comma 2012
..
EXHIBIT"G"
GRANTEE SIGN EASEMENT PARCELS
ORLDOCS 12442932 8 28
SKETCH OF DESCRIPTION FOSS EXHIBIT"G"
CLERMONT RETIREMENT RESIDENCE LLC
POINT OP COMMSNCRYENT 7� ►
TUSCANY VN,INE-Pi6tEE i SPVIHEAST CORNER OF THE PUT OF a
PER PUT BOOK 64,PAGES 13-19 TUSCANY VILLAGE-PHASE 1 OT
"kgs
00
N8670.4316 1404 69
SoO'3917'N SOUTH BOtWDARY OF THE PUT OF1%11,� 20.24' Tt$GWY WLUGE- PHASE 1
POlN9 or BSCINamvc AND THE �oOFTHE SE1/4 ,,,,
ilk,
558"S7'03'EMINCE W2E23 N pit=
NOTTINGHAM AT 5.00' ��+PER L T ROOK 57.GENDS' SOUTHWESTERLY RIGHT OF WAY LINEPACES 5-9a>. FASEiJD11T/2
EAST BOUNDARY OF N W 7/4 OF THE
NO7NOMW AT S.E I/4 OF SECTION 5
(EGENDS
DESCRIPTION
SIGN EASEMENT 112
A PARCEL OF LAND LYING IN THE N W 1/4 OF THE S L:. 1/4 OF SECTION 5, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, AND A PORTION OF TRACT 'E" OF
'NOTTINGHAM AT LEGENDS'AS RECORDED IN PLAT BOOK 57, PAGES 5 THROUGH 9 INCLUSIVE,
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCE AT THE S E CORNER OF "TUSCANY VILLAGE - PHASE 1"AS RECORDED IN PLAT
BOOK 64, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U S
HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES); THENCE ALONG THE SOUTH BOUNDARY OF
SAID TUSCANY VILLAGE - PHASE 1"AND THE NORTH BOUNDARY OF THE S.E. 1/4 OF SAID
SECTION 5, N 89'20'43'W, A DISTANCE OF 1404.69 FEET: THENCE DEPARTING SAID BOUNDARY
LINE, S 00 39'17"W, A DISTANCE OF 20.24 FEET TO THE POINT OF BEGINNING THENCE
S 56'51'03"E, A DISTANCE OF 5 00 FEET, THENCE 5.33'0857"W, A DISTANCE OF 15 00 FEET,
THENCE N 56 57'O3"W, A DISTANCE OF 5 00 FEET, THENCE N 33'08'57T, A DISTANCE OF
15 DO FEET TO THE POINT OF BEGINNING.
CONTAINING 0 002 ACRES, MORE OR LESS
NOTES.
1 DATE OF SKETCH OCTOBER .30, 2012
2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD
.3 PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU & ASSOCIATES. INC
4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE
SYSTEM. NAD-83, 2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED
WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
6. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED
HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY
WITHOUT AUTHORIZATION FROM R.M BARRINEAU & ASSOCIATES, INC
CERTIFIED TO
1 CLERMONT RETIREMENT RESIDENCE LLC
2 CELEBRATION CHURCH OF PRAISE
NOTE THIS IS NOT A SURVEY' .3 FIRST AMERICAN TIRE INSURANCE COMPANY
SURVEYORS CERTIFICATION:
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS
111E MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
LEGEND BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
5J-17 050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
—0 o BROKEN UNE. NOT DRAWN TO SCALE SECTION 472 027, FLORIDA STATUTES.
OR ao OFFICIAL RECORDS OF LAKE COUNTY
OF R W BARR:NEW&ASSOCIATES. INC
EXHIBIT"G" NOT WOO BMW VIE MOIRE ANTI THE OMG M RAISED SCA.OF A MORIN LICENSED SURVEYOR AIM WPM
R.M. BARRINEAU Y DRAWN
K U J joi
08S
10 AND ASSOCIATES REVISED DWG# 188SK-DDDR
ISOFESIIONAI SURVEYORS a MAPPERS CHECKED T P B
/-.1 , `,<.P, a tma1��.AX r}CE11 '"" SIGN EASEMENT 2
I O`1APPROVED T P 8 SHEET 1 OF 1
I 1 ABgGWO".MAIBBNI.P.ULPMWDW.m„PMTICIMPER6RiCN,BA"ABI
I MM IOtOINLI L
W PIDMI
PA .O./ALUM/.1BP MMIIALLPAM UN" ^ SCALE 1. = 20' A COPYRIGHT t©NOYEI�ER 2012 ,
YNOII,IY NFAN PfIBS
- `
•
SKETCH OF DESCRIPTION FOR• EXHIBIT"G"
CLERMONT RETIREMENT RESIDENCE LLC
POINT OF
COMMXNCSYB'NT •
SOUTHEAST"CORNER Of
THE PLAT Of TUSCAOYVILLAGE-
RECORDED PIATROOKIIN•
-.:nom �,,
, giL �
SOUTHWESTERLY Noir or NAY i
TH • R y" �i
5,LATE or US HOMY N0,27 a ���
ALTERNATE XBY 1412153 �Yr
POINT OF
W S87L14 02 E BZGINMNG
•
SKIN EASEMENT#1
N8704'02"W
43 or
LOT 34
MONTE VISTA PARK FARMS"
PER PLAT BOOK 2 PAGES 27
DESCRIPTION
SIGN EASEMENT V1
A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE
COUNTY, FLORIDA, ALSO BEING A PORTION OF LOT 34 OF "MONTE VISTA PARK FARMS"AS RECORDED IN
PLAT BOOK 2, PAGE 27 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT THE S E CORNER OF "TUSCANY VILLAGE — PHASE 1' AS RECORDED IN PLAT BOOK 64,
PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA SAID POINT
ALSO BEING ON THE SOUTHWESTERLY RIGHT OF' WAY LINE OF U.S HIGHWAY NO. 27 (RIGHT OF WAY
WIDTH VARIES), THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, S 24'48'56'x, A DISTANCE OF
40 33 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE,
S 24'48'56"E A DISTANCE OF 11.30 FEET, THENCE DEPARTING SAID RIGHT OF WAY LINE, N 87'04'02'W,
w
A DISTANCE OF 43 07 FEET, THENCE N.02'55'5B'E, A DISTANCE OF 10 00 FEET, THENCE S 8704'02%,
A DISTANCE OF 37.81 FEET TD THE POINT OF BEGINNING
CONTAINING 0.01 ACRES, MORE OR LESS.
NOTES.
1 DATE OF' SKETCH. OCTOBER 30, 2012
2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD
3 PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU & ASSOCIATES, INC
4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE
SYSTEM. NAD-83, 2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED
WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES
6 THIS SKETCH HAS BEEN PREPARED FOR THE OCCLUSIVE BENEFIT OF THE PARTY(IES) NAMED
HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDMDUAL OR ENTITY
WITHOUT AUTHORIZATION FROM R M BARRINEAU & ASSOCIATES, INC
CERTIFIED TO•
1 CLERMONT RETIREMENT RESIDENCE LLC
MOTE* THIS IS NOT A SURVEY! 2 CELEBRATION CHURCH OF PRAISE
3 FIRST AMERICAN TITLE INSURANCE COMPANY
SURVEYOR'S CERTIFICATION'
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS
THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
5.1-17050-052. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472 027, FLORIDA STATUTES
OF RN BARRINEAU*ASSOCIATES, INC.
EXHIBIT"G" NOT Hum WITHOUT T E SIGETtmE AVO THE H>r>T100.AWED RAL OF A nam WOMB SIAARTOR AND WPM
R.M. BARRINEAU DRAWN
KU J JO/
1
11088
AND ASSOCIATES
PROPESSIONAI SURVEYORS I MAPPERS CHECKED T P 8
(( `0. n
M.IPRIMI40. rmoee
.,a .g. wmmem HaiSIGN EASEMENT 1
� He .aa ..FAX(ea etum7,.wwmek
a ", ,n®
1 •, ar (z71 n
APPROVED T P 8 SHEET 1 OF 1
1-MOULD k..rima.avau,w,waA.oeA,saYEvwmaneA,p�wII I
I ,mio MMUS W= wA4uaa.na+.rw.mew,wles" ^ SCALE 1` = 20' COPYRIGHT®NOMMEN,2012
EXHIBIT"H"
GRANTOR SEWER UTILITY EASEMENT PARCEL
ORLDOCS 12442932 8 29
SKETCH OF DESCRIPTION FOR. ,
CLERMONT RETIREMENT RESIDENCE LLC
EXHIBIT"H"
DESCRIPTION
SEWER EASEMENT
A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCE AT THE S E CORNER OF 'TUSCANY VILLAGE -- PHASE 1' AS RECORDED IN PLAT BOOK
64, PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID
POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 (RIGHT
OF WAY WIDTH VARIES), THENCE ALONG THE SOUTH BOUNDARY OF SAID 'TUSCANY VILLAGE — PHASE
1'AND THE NORTH BOUNDARY OF THE LE: 1/4 OF SAID SECTION 5, N 8970'43"W, A DISTANCE
OF 734 45 FEET, THENCE DEPARTING SAID BOUNDARY LINE, S 00'.39'17"W, A DISTANCE OF 20.00
FEET TO THE POINT OF BEGINNING THENCE S 00'39'17'W., A DISTANCE OF 20 00 FEET; THENCE
N 89'20'431Y, A DISTANCE OF 132 29 FEET, THENCE N 86'04'25"W, A DISTANCE OF 79 48 FEET,
THENCE S 00'.39'17'W, A DISTANCE OF .38 11 FEET; THENCE S 85'23'02%, A DISTANCE OF 115 51
FEET, THENCE S 28'53'34T, A DISTANCE OF 208 06 FEET, THENCE S 54 19'05"E, A DISTANCE OF
115 95 FEET, THENCE S 02 40'18"E, A DISTANCE OF 172 32 FEET. THENCE S 31'08'00"W, A
DISTANCE OF 123.55 FEET, THENCE S 83'32'30"W, A DISTANCE OF 107 10 FEET, THENCE
5.22'49'08"1., A DISTANCE OF 33 99 FEET, THENCE N 89.20'43'W, A DISTANCE OF 21.60 FEET,
THENCE N.22 49'08 , A DISTANCE OF 53.86 FEET, THENCE N 8.3".32'30T., A DISTANCE OF 108 97
FEET; THENCE N.31'08'O0E, A DISTANCE OF 107 83 FEET, THENCE N 02'40'18"W• A DISTANCE OF
156 57 FEET, THENCE N 54'19'05'W, A DISTANCE OF 110 78 FEET, THENCE N 28'53'34"W, A
DISTANCE OF 201 82 FEET; THENCE N 85'23'02"W, A DISTANCE OF 123 43 FEET, THENCE
N 00'39'17', A DISTANCE OF 53.55 FEET, THENCE S 68'13'14"W, A DISTANCE OF 27 05 FEET,
THENCE N.0(739'17"E, A DISTANCE OF 21 64 FEET, THENCE N 68'13'14"E., A DISTANCE OF 33 41
FEET; THENCE S.86'04'25 E., A DISTANCE OF 94 19 FEET, THENCE S 89'20'4.3T, A DISTANCE OF
131 72 FEET TO THE POINT OF BEGINNING.
CONTAINING 054 ACRES, MORE OR LESS.
SHEET 1 OF 2
ONE IS NOT COMPLETE WITHOUT THE OTHER
SEE SHEET 2 OF 2 FOR SKETCH
CERTIFIED TO
I CLERMONT RETIREMENT RESIDENCE LLC
2. CELEBRATION CHURCH OF PRAISE
3. FIRST AMERICAN TITLE INSURANCE COMPANY
NOTES
I DATE OF SKETCH: OCTOBER 30, 2012
2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS. EASEMENTS AND RESERVATIONS OF RECORD
3. PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU &ASSOCIATES. INC.
4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM,
NAD-83, 2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED
WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES
8 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PAR1Y(IES) NAMED HEREON. AND
SHALL MOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR WITTY WITHOUT
AUTHORIZATION FROM R M BARRINEAU dr ASSOCIATES. INC
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON METS
THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
•NOTE• THIS IS NOT A SURVEY) BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
5.1-17 050-052, FLORIDA ADMINISTRATIVE CODE; PURSUANT TO
SECTION 472 027, FLORIDA STATUTES.
OF R M BARWNEAU*ASSOCIATE$ INC.
EXHIBIT"H" nor wan amour 1NE mONATURc AND THE aRN.w mvsm MU Of A MINK elCfls D aWmoR Am WPM
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EXHIBIT"H"
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1
NOTE THIS IS NOT A SURVEY!
SEE SHEET 1 OF 2 FOR DESCRIPTION,NOTES 8 SURVEYOR'S CERTIFICATION
SHEET 2 OF 2 LEGEND:
ONE IS NOT COMPLETE WITHOUT THE OTHER --0_ - BROKEN UNC NOT DRAWN TO SCALE
EXHIBIT"H" 0R - OFFICIAL RECORDS OF LAKE COUNTY
R.M. BARRI N EAU V DRAWN KU J vJ O j 11088
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' \) �\,` APPROVED T P13 SHEET 1 OF 1
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= 60' A COP) TMT CI NOVEMBER,2012 J
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SKETCH OF DESCRIPTION FOR. EXHIBIT"F'
CLERMONT RETIREMENT RESIDENCE LLC
POINT OF COMMENCEMENT
SOUTHEAST CORNER of t
TUSCANY VILLAGE-PEASE I
RECORDED W PLAT BOOK 64, PAGES 13-15
N 89 20 4314, 997 09 /.
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SOUTH BOUNDARY OF THE PLAT OF 'D go!
TUSCANY VILLAGE-PHASE 1 1 • a as
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REST BOUNDARY OF
ALTERNATE KEY 3833559
€EASEMENT
POINT OP BEGINNING
!,E' S8970'43"E IGoo'
i0 .■ S0019'171Y 10 00'
a. CERTIFIED TO:
N8920'431W 1 CLERMONT RETIREMENT RESIDENCE LLC
10.00' 2 CELEBRATION CHURCH OF PRAISE
DESCRIPTION 3 FIRST AMERICAN TITLE INSURANCE COMPANY
DRAINAGE EASEMENT#2,
A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST, TIKE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE SE CORNER OF 'TUSCANY VILLAGE — PHASE 1'AS RECORDED IN PLAT BOOK 64, PAGES 13
THROUGH 15 INCLUSIVE OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA..SAID PONT ALSO BEING ON THE
SOUTHWESTERLY RIGHT OF WAY LINE OF U S HIGHWAY NO 27 (RIGHT OF WAY WIDTH VARIES); THENCE ALONG
THE SOUTH BOUNDARY OF SAID 'TUSCANY VTLAGE — PHASE 1'AND THE NORTH BOUNDARY OF THE SE. 1/4 OF
SAID SECTION 5, N 89'20'43'W. A DISTANCE OF' 991 09 FEET, THENCE DEPARTING SAID BOUNDARY UNE,
S,00'39'17W, A DISTANCE OF 283,70 FEET TO THE POINT OF BEGINNING THENCE 58920'43"3, A INSTANCE OF
10.00 FEET; THENCE S OO'39'17'W, A DISTANCE OF' 10.00 FEET, THENCE N 89•20431 V, A DISTANCE OF 1000
FEET, THENCE N 0O'39'17T A DISTANCE OF 1000 FEET TO THE POINT OF BEGINNING
CONTAINING 0.002 ACRES, MORE OR LESS
NOTES.
1 DATE OF SKETCH. OCTOBER 30, 2012
2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD.
3. PUBLIC RECORDS NOT SEARCHED BY R M BARRINEAU &ASSOCIATES. INC
4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE SYSTEM,
N4D-83, 2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS 70 MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED
WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES
, 6 THIS SKETCH MS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND
SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT
AUTHORIZATION FROM R M BARRINEAU & ASSOCIATES, INC
SURVEYOR'S CERTIFICATION.
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS
THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
LEGEND' BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
5J-17 050-052, FLORIDA ADMINISTRATIVE CODE PURSUANT TO
—VI-- a BROKEN UNE, NOT DRAWN 7O SCALE
SECTION 472 027, FLORIDA STATUTES.
O.R B. OFFICIAL RECORDS OF LAKE COUNTY
,�1 OF Rall BARRINFAU s ASSOCUTES, INC
EXHIBIT I' NOT 7. -�.�TfWE A!m,i OPoOPpL .-A ,• il.!.. .':..i.�.:ARDJ
8
R.M. BARRINEAU REVISED J(LJDWG1f0f08L3SK—MOOR
cQ AND ASSOCIATES, - PROFESSIONALBUEYET0PsaMi.e./L.2_
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PHO=(ISo 07}]13).MK(1843®7I/1.wmlu......nI\. 1 �\\ APPROVED T P B SHEET 1 OF 1
1RWMDY.WONLRq PLRf01D 3 5PWA13ttINUA1f•IBw
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YPIDIBHT BImKRB O11uN31i
SKETCH OF DESCRIPTION FOR. ,
CLERMONT RETIREMENT RESIDENCE LLC
EXHIBIT"r
DESCRIPTION:
DRAINAGE EASEMENT 03:
A PARCEL OF LAND LYING IN THE S E 1/4 OF SECTION 5, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE S E CORNER OF "TUSCANY VILLAGE — PHASE 1"AS RECORDED IN PLAT BOOK 84,
PAGES 13 THROUGH 15 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT
ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY UNE OF U S. HIGHWAY NO 27 (RIGHT OF WAY
WIDTH VARIES), THENCE ALONG THE SOUTH BOUNDARY OF SAID "TUSCANY VILLAGE — PHASE 1"AND
THE NORTH BOUNDARY OF THE S E 1/4 OF SAID SECTION 5, N 89'20'431V, A DISTANCE OF 734.45
FEET, THENCE DEPARTING SAID BOUNDARY LINE, S 00'39'1711, A DISTANCE OF 84 24 FEET; THENCE
S 44'20'43"E., A DISTANCE OF 224 08 FEET, THENCE S 00'39'17,1, A DISTANCE OF' 269 28 FEET TO
THE POINT OF BEGINNING THENCE CONTINUE S 00'39'171V, A DISTANCE OF 56 98 FEET, THENCE
S.45'39'1714/, A DISTANCE OF 117 94 FEET, THENCE N 89'20'431V., A DISTANCE OF 129.41 FEET,
THENCE N 00'28'24"E, A DISTANCE OF 9 96 FEET, THENCE S,89'2043"E, A DISTANCE OF 135.86
FEET, THENCE N 45'.3917"E, A DISTANCE OF 105 26 FEET, THENCE N.0O'00'2511., A DISTANCE OF
55 99 FEET, THENCE S 89"20"4.3"E, A DISTANCE OF 3.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 004 ACRES, MORE 01? LESS
SHEET 1 OF 2
ONE IS NOT COMPLETE WITHOUT THE OTHER
SEE SHEET 2 OF 2 FOR SKETCH
NOTES'
1 DATE OF SKETCH OCTOBER 30, 2012
2 SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD
3. PUBLIC RECORDS NOT SEARCHED BY R M, BARRINEAU & ASSOCIATES, INC
4 BEARINGS ARE ASSUMED BASED ON THE EAST ZONE OF THE FLORIDA STATE PLANE COORDINATE
SYSTEM, NAD-83. 2007 ADJUSTMENT
5 ADDITIONS OR DELETIONS TO MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS
PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES
6. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED
HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR
ENTITY WITHOUT AUTHORIZATION FROM R M. BARRINEAU & ASSOCIATES, INC.
NOTE THIS IS NOT A SURVEVI
CERTIFIED TO:
1 CLERMONT RETIREMENT RESIDENCE LLC
2 CELEBRATION CHURCH OF PRAISE
3 FIRST AMERICAN TITLE INSURANCE COMPANY
SURVEYOR'S CERT1FICATION:
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS
THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER
5J-17 050-052. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472 027, FLORIDA STATUTES
OF RM. BARRINEAU&ASSOCIATES, INC.
EXHIBIT''1" HOT wuwD wmlour HIE araRmwE ARO TME GROWL ROOM Sar OF A FLAVOR UCERSED SURVEYOR ME DAPPER
R.M. BARRINEAU DRAWN KLJ JO/ 11088
'" iO-\ .—AND ASSOCIATES REVISED DWG/ 11088SK—ADDR
(CPROFESSIONAL SUIVIIORS&MAPPERS
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�l \\,"w"(5 112241 .FAX( xaam....'�r�,m., APPROVED T P B
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SKETCH OP DESCRIPTION FOR
CLERMONT RETIREMENT RESIDENCE LLC \
EXHIBIT 1" POINT OF COMME'NCE'MENT
TUSCANY 1M.IACE- PHASE I SOUTHEAST CORNER OF a �.,
PER PLAT 800E 64 PACES 13-15 TUSCANY VD1ACE - PHASE 1 ,0 `IS a A
el
N
N 89 20 431Y%734 45 S'j Il-
tV$6
SOUTH BOUNDARY OF THE PLAT OF TUSCANY N&
°p VILLAGE - PHASE I
AND THEQ` ,
NORTH BOUNDARY OF THE SE 1/4 OF SECTION \. `^'
a S TOWNSHIP 23 SOUTH, RANGE 26 EAST
in
SOUTHWESTERLY RIGHT OF WAY LINE
OF U S. HIGHWAY NO 27
1
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RP ALTERNATE' IfE'T
1412168
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EAST BOUNDARY OF
ALTERNATE KEY 3883559
S: zoil
ALTERNATE KEY nN
3883559
A
In
*NOTE* THIS IS NOT A SURVEY!
POINT OF BEGINNING
S69.20.43.E
3 iB'
3 ;
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DRNNAGE FASEMENT �3 ,,�F,,�,� //
/r 1J00'28'24E �� .y9, / LEGEND'
9 s6' /
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58970'4.3E 135.88' y// —� a BROlfEN LRT$ NOT DRAWN TO SCALE
/ QR o OFFICdLL RECORDS OF IAWE COUNTY
N89 20'43'W 129 411 /
SOUTH BOUNDARY OF `-
ALTERNATE'•KEY 3883559 SHEET 2 OF 2
ONE IS NOT COMPLETE WITHOUT THE OTHER
SEE SHEET 1 OF 2 FOR DESCRIPTION,NOTES&SURVEYOR'S CERTIFICATION
EXHIBIT"I"
,- R.M. BARRINEAU Y MWN KLJ DwG�11�088SK—ADDR t
-; __..AND ASSOCIATES
`--, --PRO1EISIONA1 SURVIVORS R MAPPERS 155.0.1%FLOROM nal CHECKED T P 8 DRAINAGE EASEMENT 3
ill
! / ; N P"oGomm mIsmnisiNAXtwsaSTN• �
' JI \(:3'.I . \I IL WWI MU PAY.lom t.commacoAma 11�IInlagl APPROVED 7 P B SHEET 2 OF 2
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YNdOry N4GIBlOIIPAIm
APPROVAL OF CLOSING STATEMENT,
Seller and Buyer hereby acknowledge that they have each read and approved the foregoing Closing Statement,
and agree that it accurately reflects the substance of the financial aspects of the transaction contemplated by
the Governing Contract and hereby approve and direct the Closing Agent's disbursement of the proceeds and
expenses of the subject transaction in the manner, amounts and to the persons hereinabove set forth
In the case of estimated closing costs and expenses directed to be paid, as aforesaid, the parties understand and
agree that in the event that the actual expense is less than the estimate, the party which paid the same will be
refunded the difference between the estimate and the actual expense and agree that if the actual expense is
more than the estimate, the party which paid the same shall be required to pay the actual expense over and
above the estimate
Except for the real estate brokerage fees referred to in this Closing Statement, Buyer and Seller each hereby
agree to save and hold the other harmless from and against and to indemnify the other for any and all claims,
costs, expenses, liabilities or obligations to any other broker, finder or other party with respect to any other
brokerage commission, fee or other similar payment claimed by, through, under or on account of or resulting
from the actions of such party with respect to the purchase and sale transaction contemplated in the Governing
Contract
Buyer and Seller acknowledge that the amount of the Balance Due from Buyer, as reflected in the Summary of
this Closing Statement, shall be bankwired by Buyer to Closing Agent c/o WELLS FARGO BANK, 420
Montgomery St, San Francisco, CA 94104, ABA routing number 121000248, for deposit to Lowndes,
Drosdick, Doster, Kantor & Reed, P A , Trust Account #2579467503, Attention of Gary Soles & Andrew
Gluck (0046461/156448) on or before the Date of Closing and shall be held by Closing Agent subject to the
conditions hereinafter set forth
Seller authorizes and directs Closing Agent to deliver directly to Seller the amount of the Net Cash Due to
Seller as reflected in the Summary of this Closing Statement
"SELLER" "BUYER"
CENTENNIAL BANK CITY OF CLERMONT
B �..__.% �, By .%
N. �1� D��4 Name rt.
I l�
e
Title r I ri Title I �
-c.c.
0046461\156448\1538181v1 5
UNDERTAKING OF CLOSING AGENT
Closing Agent hereby agrees with Buyer and Seller to undertake its duties as Closing Agent for the subject
transaction, to fully abide by and comply with the within and foregoing Instructions of Buyer and Seller, and to
disburse the proceeds of the subject transaction in the manner, to the persons, in the amounts and at the times
hereinabove specified in the within and foregoing Closing Statement
LOWNDES, DROSDICK, DOSTER, KANTOR&REED,
PROFESSIONAL ASSOCIATION
0046461\156448\1538181v1 6
Denise Noak
From: Denise Noak
Sent: Thursday, June 19, 2014 12.51 PM
To: Denise Noak
Subject: FW Release of easement! WO 173888
Attachments: image001.jpg, ATT00001 htm, Mariony Aurele.vcf;ATT00002 htm, Church of God Partial
Release of easement.pdf, ATT00003 htm
From: James Kinzler
Sent: Wednesday, February 05, 2014 7:59 AM
To: Tracy Ackroyd; Denise Noak
Cc: Scott Blankenship
Subject: FW: Release of easement! WO 173888
Please put in laser fiche for our archives
Thank you.
James Kinzler, CPM , EA
Director of Environmental Services
City of Clermont
3335 Hancock Road, Clermont, FL 34711
(352)241-0178
From: Scott Blankenship
Sent: Wednesday, February 05, 2014 7:31 AM
To: Stoney Brunson; James Kinzler; Terry Dykehouse
Cc: Cheryl Sutherland
Subject: Fwd: Release of easement! WO 173888
Fyi
Sent from my iPhone
Begin forwarded message:
From: "H.P. Anderson Jr." <hpandersonjr(a,celebrationofpraise.net>
To: "Aurele, Mariony" <mariony.aurele(a,secoenergy.com>
Cc: "Scott Blankenship" <sblankenship(a,clermontfl.org>, "Chris Dutruch"
<pastorchris(acelebrationofpraise.net>, "Dan Heard" <dheard@celebrationofpraise.net>
Subject: Fwd: Release of easement! WO 173888
Ms. Mariony, thank you for sharing the information; however, all future correspondence should
be forwarded to Scott Blankenship with the City of Clermont. The City of Clermont currently
owns the property at 3700 US Hwy 27. Mr. Blankenship has been copied on this email.
God Bless You!
Forwarded message
1
From: Aurele, Mariony
<mariony.aurele a,secoenergy.com<mailto:mariony.aurele(a,secoenergy.com>>
Date: Tue, Feb 4, 2014 at 10:22 AM
Subject: Release of easement! WO 173888
To: "H.P. Anderson Jr."
<hpandersonj r@celebrationofpraise.net<mailto:hpandersonj r@a,celebrationofpraise.net>>
Dear Pastor Anderson,
I wanted to let you know that SECO has released the blanket easement and kept only the
easement around its facilities. The easements has been recorded with Lake County. Please see
attached document!
Best regards,
[Mariony Aurele]
H. P. Anderson Jr.,
Associate Pastor
Celebration of Praise
3700 US HWY 27
Clermont, FL 34711
office: 352-394-2855
fax: 352-394-4990
2
THIS INSTRUMENT PREPARED BY/RETURN TO
Roxanne Mastrantonio
P 0 Box301
Sumterville,FL 33585-0301
Section 5 Township 23S Range 26E
Parcel ID/Alternate Key Number.
1412153
PARTIAL RELEASE OF EASEMENT
WHEREAS, by instrument dated June 27"', 2013, Church of God, an unincorporated
association a/k/a Celebration of Praise Church of God, did grant and convey unto SUMTER
ELECTRIC COOPERATIVE, INC., whose address is Post Office Box 301, Sumterville, Florida
33585-0301, a right-of-way easement subsequently recorded on July 19"'.2013, in O.R. Book
4374, at Page 1997, of the Public Records of Lake County, Florida, covenng the following
described lands to wit:
See attached Exhibit A
and
WHEREAS, SUMTER ELECTRIC COOPERATIVE, INC. hereinafter referred to as
"SECO", has been requested to release the property described below from the right-of-way
easement,and SECO is willing to release said portion;
NOW,THEREFORE,WITNESSETH,that SECO,for and in consideration of the sum of
One Dollar and other good and valuable considerations, receipt of which is hereby
acknowledged,has released and discharged and by these presents does release and discharge
all of the right,title,interest,claim and demand which said SECO has under and by virtue of the
above-described easement in and to,but only in and to,the following-described land In Lake
County,Florida,to wit
All land in Exhibit A less and except that area described in Exhibit B and less and except the
South 15 feet and less and except the north 100 feet of the west 50 feet of the described parcel.
Provided,always,nevertheless,that nothing herein contained shall in anyway or manner
impair,alter or diminish the rights,purpose,effect,encumbrance or provisions of the aforesaid
easement on that portion of the remaining lands first above described and not hereby being
released there from.
SUMTER E TRICC COOPERATIVE,INC.
ayfy.'Gick,President
By ;Fes Holtz, a
(Corporate seal)
STATE OF FLORIDA
COUNTY OF Sumter
The foregoing instrument was acknowledged before me this 11.0 day of ake,20 1.3,by
Ray F.Vick,the President of Sumter Electric Cooperative,Inc•on behalf of the corporation for the
purposes expressed within,who is personally known to me and who did not take an oath.
— U (�LOLO -J
Notary Public-State offFrt Flonda `, ,
NORABROWN Print Name N Of-- E1 OLOIV
: Commission#DD 94V75
Expires`=4'.; �r��&gin My Commission Expires
Commission Number 94a-175
G;\Land Rights\Easements\Releases\Partial Release of Easement
EXHIBIT"A"
To that certain PERPETUAL UTILITY EASEMENT
Between
Church of God,an unincorporated association A/K/A Celebration of Praise Church of God,
GRANTOR
And
Sumter Electric Cooperative,Inc.GRANTEE
NW 1/4 OF SE �'A of SECTION 5 TOWNSHIP 23S RANGE 26E --LESS BEG AT NW COR OF SE 1/4 RUN
S89-21-13 E 472.11 FT, S 0-38-47 W 1326.99 FT TO N BOUNDARYLINE OF BEACON RIDGE AT
LEGENDS PHASE III, N 89-19-34 W TO WLINE OF SE 1/4, N ALONG SAID W LINE OF SE 1/4 TO
POB & LESSFROM SE COR OF TUSANY VILLAGE PHASE I RUN N 89-20-43 W 734.45 FT FOR POB,
RUN S O 39 17 W 84.24 FT, S 44-20-43 E 224.08 FT, S 0-39-17 W 326.26 FT, S 45-39-17 W
117.94 FT, N 89-20-43 W 331.69 FT, N 0-39-17 E 652.35 FT, S 89-20-43 E 256.64 FT TO
POB -ORB 2173 PG 260 264
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Page 1 of 1
Exhibit B
DESCRIPTION AND SKETCH FOR N
SUMTER ELECTRIC COOPERATIVE, INC.
N8920'4514 LA
724 45' C�.
NE CORNER OF LANDS
425ss AGE ewe 995 PdNr ar mvmvrsvnrr "4,2":- .1-11-.j
SE CORMS"OF 1usL"wY % , ,�
HLLAGE-PHASE 1 PLA ` N
Ps'*N BOOR 64 PACCS 1,-16
t
6
BOUNDARY \ C' O
RISCANY aLLArS HASEI % 9 d g .
EA5IDK
r v
lO IN OR BOOK 625$ r
'4 PACE 999 I
R
wawa
LINE TABLE
54‘I.! LINE LENGTH BEARING
X78 „��41.rw L1 52.97 S21'03'35"E
191 27. L2 8.50 S01'27'16"E
\ L3 29.29 S12'35'16°E
L4 10.29 S39'58'24°E
v L5 19.34 S71'39'25"E
r` r L6 10.12 N30'44'22"E
O.) N�o. L7 25.16 S59'45'29°E
L8 26.31 S31'05'42°W
? \ i L9 18.95 N59'34'46°W
'D.78 % o p
L10 27.16 S80'47'02'W
'3' 4. - \a co
03:co o L11 10.00 S00'40'02°W
R, "8,4-- L12 23.52 N80'47'02°E i
` � °a',7F7BCp1,,,a L13 16.41 N71'39'25°W
AELECTRIC cam L14 15.57 N39'58'24°W
s: ,g z L15 30.91 N12'35'16°W
'
WA rn \o, L16 8.38 N01'27'16"W
cnta w°i L17 55.22 N21'03'35"W
`t$ _\\ -rn L18 10.76 S89'20'43°E
1
L1-
L 1 <j.0
N76,10�7"E L12 'G s��PD
9x,
CSivatiuED ON
WELT 2
-f 13 ' "W 47
- 5767
SHEET 1 OF 3
A.M. GAUDET & ASSOCIATES INC. Job No 13036 Drawing No:13036 Scale. 1-=60'
P O BOX 4073 SURVEYING ELLEVIEW!AND 34421 Drown by JAD Approved by: AMG
4709 PHONE 1(52) 245 PLACE,708� 3 e�AX(352)245-2883 20 Dote Finished Office: 10/18/13 Field 10/17/13
Exhibit B
CYAVHNUED
DESCRIPTION AND SKETCH FOR , FROM SHEET r
SUMTER ELECTRIC COOPERATIVE, INC.
`r cn 1 Z��' N
L1 �'`
,
L1
0'47"E L12 '
N761
14023' ,i �0
,6'06"E ,--
, L10!9 4.
N72 063' /-�' 139'48'"W mwSrORIAn ill\
9 '/' s 576'10'47 &J.'o 1 S o
aW r 83'16 06"W
572
o n I to N
r o 14 d UNE TABLE
I y 6 LINE LENGTH BEARING
aW1�p L1
L2 52.97 S21'03'35"E
M1 8.50 S01'27'16"E
I
�. . 3ay L3 29 29 S12'35'16"E
o n I d� fee-v-
L4 10.29 539'58'24"E
SN N 1 rs o L5 19.34 S7119'25"E
o I o L6 10.12 N30'44'22"E
L7 25.16 559'45'29"E
1 L8 26.31 S31'05'42"W
CEN7E76114"OF
L9 18.95 N59'34'46"W
L10 27.16 S80'47'02"W
1 L11 10.00 S00'40'02"W
r
ro L12 23.52 N80'47.02"E
I ` L13 16.41 N71'39'25"W
o ° L14 15.57 N39'58'24"W
o v I o o L15 30.91 N12'35'16"W
C N 101 L16 8.38 N01'27'16"W
- 61 L17 55.22 N21'03.35"W
L18 10.76 S8920'43"E
1
1 o S8879 08£ 0 S8979'581-
149 83'�{ PPaz/r69R9J
_
5163' 11
ONE ONE
159.46' 51.71' T -
I
18879'08`W • N8979'58"W "'WA" - - —
corn LOT 21 LOT zo I AT LEGENDS
I � I Lor 79 PHASE w- I LOT 18
I I I ASii -
T i PA 87-68
I I '
i SHEET 2 OF 3
A.M. GAUDET & ASSOCIATES INC. Job No. 13036 Drowing No 13036 Seale. 1'=60'
PO.
LAND 4073 BEELLLEVIEW FLORIDAIN34421 Drown by JAD Approved by. AMG
4709 SE 102ND PLACE. SUITE 3 B�LLEVIEW, FLORIDA 34420
PHONE. (352) 245-2708 FAX- (352) 245-2883 Dote Finished' Office: 10/18/13 Field. 10/17/13
Exhibit B
▪ -FOUND'4',,4•CONCRETE MONUMENT '!J� a WELL (((PPP PLAT DIMENSION
• "FOUND 5/B'IRON ROD L CENTER LINE RACIA DI OR GEED DIMENSION
-o-.-x-a FENCE LINE (((( RADIAL DIMENSION
Q -FOUND NAIL WITH DISK CALC CALCULATED IMENT
LINE NOT DRAWN TO SCALE C CALCULATED DIMENSION
A/C AIR CONDITIONER
Q -SET 1/2•IRON ROD WITH CAP C/D -CONCRETE BLOCK ( R RADIUS CALCULATED PLAT DIIEN90M1
MAWGD 0.M.GAUDET LS 5316 FW FOUND CONCRETE MONUMENT - L ARC LENGTH
D e SET ex 4'CONCRETE MONUMENT CLF CHAIN LINK FENCE T TANGENT LENGTH
MARKED PCP 5315 S/W SIDEWALK
UGHT POLE R/W RIGHT-OF-WAY D CHORD CENTRAL ANGLE
AA POWER POLE F1RC FOUND RCN ROD/PIN AND CAP CB CHORD W�BEARING- TELEPHONE PEDESTAL N/T NAIL AND TAB
m ELECTRIC BOX PCP PERMANENT CONTROL FEN POINT
® WATER METER RLS REGISTERED LAND SURVEYOR PPT POINT OF T REFERENCE MONUMENT
D0 =WATER VALVE PLS PROFESSIONAL LAND SURVEY01R PT POINT OF TANGENT
LS LANDED SURVEYOR
SIN PC POINT OF CURVATURE EC I
-ONE-�OVERHEAD POWER LINE LB LICENSED BUSINESS PI POINT OF INTERSECTION
-FIRE HYDRANT PSI PROFESSIONAL SURVEYOR AND MAPPER PRC POINT OF REVERSE CURVATURE
.CONC.=CONCRETE
PEI PLAT 8001( POC POINT OF COM ENCD@IT
PG PAGE PCS POINT OF BEGINNING
t 0000 a SPOT ELEVATION OR OFFICIAL RECORDS TWA TEMPORARY BENCH MARK
RCP REINFORCED CONCRETE PIPE SO FT SQUARE FEET
-TEST HOLE LOCATION CUP CORRUGATED METAL PIPE MEiC MOORHEAD ENGINEERING COMPANY
(WHEN APPROPRIATE) RCP REINFORCED CONCRETE PIPE
RCM
1 THIS IS NOT A SURVEY THIS DESCRIPAON AND SKETCH WERE PREPARED AS PER CLIENT'S REQUEST AND ARE
BASED ON THE INFORMA770N SHOWIN ON WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2173, PAGE 264
WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 4259, PAGE 99,E PUBLIC RECORDS OF LAKE COUNTY FLORIDA,
EXISTING MONUMENTA 17ON, AND RECORDS OF THIS COMPANY
2 BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORD/NATE SYSTEM, EAST ZONE, NAD 83.
SPECIFICALLY THE SOUTH BOUNDARY OF TUSCANY VILLAGE- PHASE 1 AS SHOWN HEREON BE/NC N8920'43"W
DEICE/PnZr
A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2173, PACE 260 OF THE PUBLIC RECORDS OF
LAKE COUNTY FLORIDA, FOR THE PURPOSES OF A UTILITY EASEMENT SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCE AT THE SE CORNER OF TUSCANY VILLAGE- PHASE 1, ACCORDING TO THE PLAT THEREOF RECORDED IN
FLAT BOOK 64, PAGES 13 THROUGH 15 INCLUSYVE OF THE PUBLIC RECORDS OF LAKE COUNTY FLORIDA; THENCE
N8920 43"W, ALONG THE SOUTH BOUNDARY OF SAID PLAT, 734 45 FEET 70 THE NE CORNER OF THE LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 4259, PACE 995 OF THE PUBLIC RECORDS OF LAKE COUNTY FLORIDA; THENCE DEPARTING
SAID SOUTH BOUNDARY, AND RUNNING ALONG THE EASTERLY AND SOUTHERLY BOUNDARIES OF SAID LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 4259, PAGE 995 THE FOLLOWING FIVE COURSES, (1) SO039'17V, 8424 FEET, (2) THENCE
5442043"E, 224 08 FEET, (3) THENCE S0039'17W, 32626 FEET; (4) THENCE 54539'171, 11794 FEET, (5) THENCE
N892043°W, 19127 FEET 70 THE PO/NT OF BEGYNN/NG; THENCE 521133'35"E 5297 FEET,- THENCE 50127'16"E, 650
FEET, THENCE 5194806E 10014 FEET; THENCE 5213605"E 6359 FEET, THENCE 51255'16Z 2929 FEET; THENCE
5393824"E, 10 29 FEET, THENCE 57139 25E 19 34 FEET; THENCE N30 44 2?"E, 10.12 FEET, THENCE 359'45'29Z
2516 FEET, THENCE S31 D5'42"1, 26 31 FEET, THENCE N5974'46114 1695 FEET; THENCE 5804702"04 2716 FEET;
THENCE S7670'4711! 139 48 FEET; THENCE S727606"W, 8353 FEET, THENCE 50471'12"W 72 61 FEET, THENCE
5002044"W, 10730 FEET; THENCE S01730'09E 14806 FEET THENCE 3887906'E, 149.83 FEET TO A POINT 10.00
FEET NORTH OF THE NORTH BOUNDARY OF BEACON RIDGE AT LEGENDS PHASE Ill'AS PER PLAT THEREOF RECORDED IN
PLAT BOOK 44 PAGES 87-88 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE 5897958E ALONG A
LINE PARALLEL WITH AND 70.00 FEET NORTH OF SAID NORTH BOUNDARY, 51 63 FEET, THENCE S0040'02"W,
PERPENDICULAR TO SAID NORTH BOUNDARY AND BEING 500 FEET EAST OF THE CENTER OF WOOD POWER POLE '
1169493, A DISTANCE OF 1000 FEET TO A POINT ON SAID NORTH BOUNDARY, THENCE N897958"W, ALONG SAID NORTH -
BOUNDARY, 51.71 FEET, THENCE DEPARTING SAID NORTH BOUNDARY, N8879'081'4 159 46 FEET; THENCE NO1 DO'09"W,
15772 FEET, THENCE N0020'44 E 10776 FEET THENCE N0471'12E 7970 FEET THENCE N727606E 9063 FEET,
THENCE N7670'471; 140 23 FEET, THENCE N80 4702"E, 23 52 FEET THENCE N713925"1, 16 41 FEET, THENCE
N393824"W, 15 57 FEET; THENCE N1235'161'4 30 91 FEET THENCE N215605"it 62.96 FEET, THENCE N19'48'06114
101.94 FEET, THENCE N01 27'16"W, 8.38 FEET THENCE N21D3'35"W 5522 FEET 70 A POINT ON THE AFORESAID
SOUTHERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 995, THENCE 5892043E
ALONG SAID SOUTHERLY BOUNDARY, 10 76 FEET 70 THE POINT OF BEGINNING.
CONTAINING 0 264 ACRES, MORE OR LESS
SHEET 3 OF 3
