2014-024 EASEMENT PURCHASE AGREEMENT
� This EASE■ NT PURCHASE AGREEMENT is made and executed as of the
,c94/day o %.�� e 2014, by and between THE CITY OF CLERMONT, a
Florida Municipal Co .. • ion ("Seller"), and LILLY PAD LODGE, LLC, a Florida
Limited Liability Company whose mailing address is 1655 E Hwy 50, Suite #203
Clermont, FL 34711 ("Purchaser") (Seller and Purchaser are sometimes collectively
referred to herein as the"Parties"and individually as the"Party").
1. Agreement to Sell and Purchase. Seller agrees to sell to Purchaser, and
Purchaser agrees to purchase from Seller, two perpetual non-exclusive easement interests
in real property located in Lake County, Florida and owned by Seller. The easement
rights to be transferred herein are described as follows:
Non-exclusive access easement, as more particularly described in the access
easement in the form, and for the property, set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
Non-exclusive stonnwater pond access and use easement, as more particularly
described in the access easement in the form, and for the property, set forth in
Exhibit"B"attached hereto and incorporated herein by this reference.
2. Easement Purchase Price. The purchase price for the easement interests
described above is ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) (the
"Purchase Price"), payable to Seller at Closing (as hereinafter defined) by certified or
cashier's check or by wire transfer of United States funds plus the following:
Purchaser shall pay all cost associated with the appraisal and survey of the access
easement area described in Exhibit"A";
Purchaser shall pay all cost associated with the survey of the stormwater pond
access and use easement area described in Exhibit"B";
Purchaser shall pay all costs associated with the recording of all easement
documents in the public records of Lake County;
Purchaser shall pay any and all taxes, including but not limited to, state
documentary stamps, associated with this transaction.
3. 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 February 28, 2014. 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 Purchaser and Seller At closing the City
Manager for the SELLER is authorized to execute any and all documents necessary to
complete this transaction Each party shall bear its own attorney fees
4 Rights Transferred and Warranties. Purchaser expressly
understands, agrees and acknowledges that Seller makes no warranties at all with regard
to the easement interests or entitlements transferred herein Further that Purchaser has
competed any and all investigations, review and studies that it deems appropriate and
necessary to determine the suitability of the easement interest for Purchase use
IN WITNESS WHEREOF, Seller and Purchaser have caused this Memorandum
to be executed as of the date first above written
ATTEST: "Seller"
CITY OF CLERMONT
rip
Tracy Ackroyd, City Clerk H.o d S Turville,Jr,Mayor,�
Date l ao /$1
"Purchaser"
LILLY PAD I DGE, LLC
Vt<44.1,14. ..41-t(,- By / %---
Verneka Strom,Manager Erik Strom,Manager
Date , _ a/) c5? /'/
R BK 3/10 44}49 PG 9702 4
40011
09475 (4 PGS)
O / 014842 AM
DATE 2
NEIL KELLY, CLERK OF THE CIRCUIT COURT
— LAKE COUNTY
City,of efennwnt RECORDING FEES$35 50
685 W.Montwee St
Prepare by and Return to eioutuutt'Se 34711
Daniel F Mantzaris, Esq
deBeaubien, Knight, Simmons, Mantzaris&Neal, LLP
P O Box 87
Orlando, FL 32802
{SPACE ABOVE THIS LINE FOR RECORDING DATA}
NON—EXCLUSIVE ACCESS EASEMENT
This NON—EXCLUSICCESS EMENT AGREEMENT ("Agreement") is
made and executed as of thee['"day of 2014, by and between the CITY OF
CLERMONT, whose address is 685 West Montrose S t, Clermont Florida("Grantor"), and
Lilly Pad Lodge, LLC, whose address is 1655 E Hwy 50, Suite #203 Clermont, FL 34711
("Grantee")
Section 1. Grant of Access Easement. Subject to the terms, conditions and
limitations set forth herein, Grantor hereby grants to Grantee, for the sole benefit of Grantee and
Grantee's Property, a non-exclusive access easement over the Easement Area ("Access
Easement") The Access Easement shall be solely for the purpose of vehicular and pedestnan
ingress and egress to, from and between Osceola Street and Grantee's property located at 848
West Osceola Street and as is reasonably necessary for the convenience of Grantee, its agents,
tenants, invitees, licensees and guests, to access Grantee's Property Said Access Easement shall
not be construed to grant to the general public any rights or privileges with respect to the
Easement Area
Section 2. Maintenance of Easement Area. Grantee, on behalf of itself, its heirs
and assigns, does hereby agree and covenant that it shall maintain, at its expense, the Easement
Area to include any and all improvements, including pavement, curbing, striping or drainage that
currently exist in the Easement Area or which may be installed in the future
Section 3. Indemnification and Hold Harmless. In consideration of ten dollars
paid to Grantee by Grantor, the sufficiency and receipt of which are hereby acknowledged,
Grantee does hereby, on behalf of its assigns and heirs, agree to indemnify, hold harmless and
defend Grantor from any and all damages, including but not limited to property damage,personal
injury or attorney fees, whether actual or threatened, that may be alleged or claimed against
Grantor, in any manner, and related in any manner to the use of the Easement Area by Granter,
guest, invitee or assign of Grantor or any third party
Section 4. Modification or Relocation of Improvements. Notwithstanding
anything to the foregoing, Grantor shall have the right, at its option, to redesign, relocate and/or
reconfigure the Easement Area without Grantee's approval, so long as the Easement Area, as
relocated, redesigned and/or reconfigured, provides Grantee adequate and similar ingress/egress
from Osceola Street to Grantee's Property
Section 5 Termination of Easement. In the event that Grantor, its heirs, assigns or
successors, for whatever reason and at any time in the future redevelops or redesigns the use of
Grantee's property so that the Grantee has access rights to Osceola Street or any other public
right-of-way, so that the Easement right granted herein is no longer necessary or needed for
access to Grantee's property, or Grantee breaches any of the terms herein, the Easement created
herein shall automatically terminate without further action required by Grantor or Grantee
Notwithstanding the foregoing, in the event either party desires to evidence the termination by
recording a document in the Public Records of Lake County, Florida, the parties agree to
cooperate with one another in the execution and recording of the termination document within
(5)days of written request from the other party
Section 6. Non-Exclusive Easement. This Easement is non-exclusive, and Grantor
specifically reserves to itself, its successors, assigns, agents, employees, tenants, invitees,
licensees, guests, contractors and subcontractors the right to use the Easement Area for any and
all purposes so long as such use does not unreasonably interfere with Grantee's use of the
Easements as contemplated under this Agreement, and 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 Area, so long as the foregoing will
not unreasonably interfere with the right of Grantee to use the Easement for the purposes and in
the manner herein described
IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be
signed in their respective names as of the day and year first above written
Signed, seal,d .nd deliv-r �� LILLY�AD L GE, LLC
_presence of �
_A'.i •
By iipg
Print Name mokrt da irkukl Erik 'trom, Manager
i t
Pr'tN.,me I,E ' 7 to
STATE OF FLORIDA)
COUNTY OF lAKE)
he foregoing instrument was acknowledged before me this of
of
personally , 2014 byrEnk Str m,the Manager of Pad Lodge, LLi�He is
ersonall kno to me or has produced /
identification
?61:.14,% DENISE RAYL NOAK
MY COMMISSION#EE 150678 :+����
� * Name �
EXPIRES December 20,2015
Title otary Public
(NOTARY STAMP) fr9�0,„ Bonded Thal Budget Notary Services
My Commission Expires ♦ . cW'
Signed, sealeA an delivered in the THE CITE OF CLERMONT,FLORIDA
presence of 1'
By .I1A
Print Name Da cSrr*ay
City Manager
Print Name
011?13—g c-0 6 rtr o irf
STATE OF FLORIDA)
COUNTY OF LAKE )
e foregoing 'instrument was acknowledged before me this Y day of
) 1AJ y-q, 2014 by Darren Grayrthe City Manager of and on behalf of the CITY
OF CLERMONT, ORIDA He [ is personally known to me or [ ] has produced
as identification
:1p-Y PVkC - / /
:...,., DENISE Aan NOAK �/ i � �. <f
* L_ * MY COMMISSION#EE 150878
' EXPIRES Member 20,2015 Name ,1 i ;1!. '`r4r,
as a
"rem„se Bonded Thru Budget Notary Seines Title Notary Public
(NOTARY STAMP) My Commission Ex P Tres AO IS
A. EXHIBIT A
John Todd Delim an, P.S.M. A.
3411 Fox Ridge Street Winter Haven, Florida 33884 1
��
G Phone. (863) 216-4002 Email itdsur�yorG1 otmall.com 1�'.
a a
a. -
-
SKETCH FOR LEGAL DESCRIPTION
'MOM MIMI
■ion Mr NORTH
NOT A SURVEY
SCALE: 1" = 30'
0 1 a0
LEGAL DESCRIPTION
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY UNE OF WEST AVENUE WITH
THE NORTH RIGHT OF WAY UNE OF OSCEOLA STREET IN CLERMONT. LAKE COUNTY, FLORIDA.
THENCE N89'57'38'E ALONG THE NORTH RIGHT OF WAY UNE OF SAID OSCEOLA STREET,
166 07 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE N89'57'38"E ALONG SAID
RIGHT OF WAY LINE, 21.26 FEET, THENCE NO0'02'22"W, 39 47 FEET, THENCE S44'27'36"W,
13.58 FEET TO THE BEGINNING OF A CURVE CONCAVED SOUTHEASTERLY, HAVING A RADIUS
OF 41 00 FEET, A CHORD DISTANCE OF 32 01 FEET AND A CHORD BEARING OF S21'28'45'144
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
45'57'42°, AN ARC DISTANCE OF 32 89 FEET TO THE POINT OF BEGINNING
I
-4"' RADIUS = 41 00' .4
W 1ft LENGTH = 32.89' A°,
w CHORD = 32 01 , ..b zz
p DELTA = 45'57'42° O
rte, ° BEARING = 521'28'45°W ,� d
I POINT OF w
cn q 1COILVENCEMENT tO
T� a
w a —ow.-- N 89'57'38" E 166.07' N89'57'38"E 21 26'
0 OSCEOLA STREET
60' PLATTED RIGHT OF WAY
LEGEND:
R/W WHY OF WAY ,. C. r:!"-'r`°=
SURVEYOR'S NOTES: -- ., F` r -'
1 North and the bearings are referenced to the assumed .,t .s?Q, ' '''.7.- -
bearing of North 89"57'38'East along the North
right of way line of Osceola Street NOT VALID
2. Legal description was prepared at clients request
r
r
r' r`U� ESS
,- ,;
r
PREPARED BY: g-;- f�~
Not�d without the stratum and the p EMBOSSED l SEALED
original raised red of a Florida aaessd " ' r'. 1
surveyor and mapper Additions or
deletions to this sevey b ether that G Dote. 01/08/2014 Is
the`.itt�°r" party of t n Tod ertman, P S M Ronda Registration No 6082 aerrnont Osceola St eetd g
I
INSTRUMENT#2014025899 II
OR BK 4449 PG 976-980 (5 PGS)
DATE 3/10/2014 8 42 04 AM
NEIL KELLY, CLERK OF THE CIRCUIT COURT
LAKE COUNTY
RECORDING FEES$44 00
erty of eee nont
Prepare by and Return to 685 W Mantxaee St
C'femrwnt,le 34711
Daniel F Mantzaris, Esq
deBeaubien, Knight, Simmons, Mantzaris &Neal, LLP
PO Box 87
Orlando, FL 32802
{SPACE ABOVE THIS LINE FOR RECORDING DATA}
NON—EXCLUSIVE STORMWATER UTILITY EASEMENT AND
STORMWATER POND USE AGREEMENT
This NON—EXCLUSIVE STORMWATER UTILITY EASEMENT ND
S WMATER PONMD USE AGREEMENT is made and executed as of th 24 ay of
2014, by and between the CITY OF CLERMONT, whose address is 685
West Montrose treet, Clermont Florida("Grantor"), and Lilly Pad Lodge, LLC, whose address
is 1655 E Hwy 50, Suite#203 Clermont, FL 34711 ("Grantee")
Section 1. Grant of Easement and Use Right. Subject to the terms, conditions and
limitations set forth herein, Grantor hereby grants to Grantee, for the sole benefit of Grantee and
Grantee's Property located at 484 West Osceola Street, Clermont, Florida, a non-exclusive
stormwater utility easement across and over Grantor's property, as more particularly described in
Exhibit "A", ("Easement Area") The Easement rights granted herein and the Easement Area
shall be solely for the purpose of Grantee's use in designing, constructing and maintaining utility
improvements reasonable necessary to provide stormwater drainage between Grantee's property
located at 848 West Osceola Street and Grantor's existing stormwater retention pond described
as Retention Pond 3-1 Said Easement right shall not be construed to grant to the general public
any rights or privileges with respect to the Easement Area
Section 2. Grant of Stormwater Pond Use Right. Subject to the terms nd
conditions and limitations set forth herein, Grantor hereby grants to Grantee for the sole benefit
of Grantee and Grantee's property located at 848 West Osceola Street, Clermont, Florida, a non-
exclusive right to access and utilize Grantor's stormwater retention pond described as Retention
Pond 3-1 for purposes of drainage of stormwater from Grantee's property located at 848 West
Osceola Street, Clermont, Florida
Section 3. Conditions and Restrictions on Easement and Use Rights Granted
Herein. In addition to any other conditions, limitations and restrictions contained herein,
Grantee, expressly agrees that all of the rights granted herein, shall be subject to and conditioned
upon the following
a Grantee, at Grantee's sole expense prepare all necessary engineering design and
plans, as may be required by Grantor and subject to Grantor's exclusive approval, to
utilize the Easement Area described herein and to access and utilize the stormwater
retention pond described above The design and plans shall be designed so as not to
unreasonably interefere with the Grantor's use of Grantor's property upon which the
Easement Area exists
b Grantee, at Grantee's sole expense, apply for and obtain all necessary permits
required to construct any utility improvements contemplated herein and to increase
II
the size of Grantor's existing pond to accommodate any additional capacity required
to serve Grantee's property
c Grantee shall pay the cost of construction and maintenance of any and all necessary
improvements to the Easement Area and shall pay the cost of construction to increase
the capacity of Grantor's existing pond to accommodate any additional capacity
required to serve Grantee's property All construction and maintenance contemplated
in this Easement Agreement shall be completed by a contractor as selected or
approved by Grantor
d At anytime, Grantee, or Grantee's contractor, intends to construct or maintain
improvement in the easement Arte or in Grantor's stormwater pond, Grantee shall
provide Grantor with reasonable prior written notice of the work to be performed, to
include the name and contact information of the contractor and the time and day the
work is intended to be performed
Section 4. Maintenance of Easement Area. Grantee, on behalf of itself, its heirs
and assigns, does hereby agree and covenant that it shall maintain, at its expense, the Easement
Area to include any and all improvements, including pavement, curbing, striping or drainage that
currently exist in the Easement Area or which may be installed in the future
Section 5. Insurance, Indemnification and Hold Harmless. Grantee shall ensure
that any contractor who it authorizes to perform any construction or maintenance, at any time, in
the Easement Area or on Grantor's property, shall maintain adequate insurance coverage to
protect Grantor Such coverage shall be in an amount and in a form as determined by Grantor
In addition and in consideration of ten dollars paid to Grantee by Grantor, the sufficiency and
receipt of which are hereby acknowledged, Grantee does hereby, on behalf of its assigns and
heirs, agree to indemnify, hold harmless and defend Grantor from any and all damages, including
but not limited to property damage, personal injury or attorney fees, whether actual or
threatened, that may be alleged or claimed against Grantor, in any manner, and related in any
manner to the use of the Easement Area by Granter, guest, invitee or assign of Grantor or any
third party
Section 6. Modification or Relocation of Improvements. Notwithstanding
anything to the foregoing, Grantor shall have the right, at its option, to redesign, relocate and/or
reconfigure the stormwater pond or the Easement Area without Grantee's approval Grantor shall
provide to Grantee prior written notice of its intent to redesign, relocate and/or reconfigure,
whereupon Grantee shall have the right to participate in the project in order to continue to access
the stormwater pond in its current or new location Within ninety (90) days of the date of the
notice from Grantor, Grantee shall advise Grantor if it wishes to continue to have access to the
stormwater pond If Grantee elects to participate in the project, Grantee shall pay to Grantor a
proportionate share of the design and construction costs to redesign, relocate and/or reconfigure
the stormwater pond Grantee's proportionate share shall be based on the amount of stormwater
generated by Grantee's above-described property as determined by Grantor's engineer In the
event that Grantee timely elects to participate, Grantee shall pay to Grantor, its proportionate
share of the project costs within ninety (90) days of the completion of the redesign, relocation
and/or reconfiguration project In the event that Grantee fails to timely respond to Grantor's
notice as set forth above, the stormwater pond access and easement rights shall terminate as set
forth in Section 7 below
Section 7 Termination of Easement. In the event that Grantor, its heirs, assigns or
successors, for whatever reason and at any time in the future redevelops or redesigns the use of
Grantee's property so that the Grantee has its own stormwater pond or access to an alternative
pond, so that the Easement right granted herein is no longer necessary or needed for Grantee's
stormwater management, or in the event that Grantee breaches any of the conditions stated
herein, the Easement created herein shall automatically terminate without further action
required by Grantor or Grantee Notwithstanding the foregoing, in the event either party desires
to evidence the termination by recording a document in the Public Records of Lake County,
Florida, the parties agree to cooperate with one another in the execution and recording of the
termination document within(5)days of written request from the other party
Section 8. Non-Exclusive Easement and Use. This Easement and Use rights
granted herein, are non-exclusive, and Grantor specifically reserves to itself, its successors,
assigns, agents, employees,tenants, invitees, licensees, guests, contractors and subcontractors the
right to use the Easement Area and the stormwater pond for any and all purposes so long as such
use does not unreasonably interfere with Grantee's use of the Easement or pond as contemplated
under this Agreement, and 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 Area or stormwater pond, so long as the foregoing will not
unreasonably interfere with the right of Grantee to use the Easement or pond for the purposes
and in the manner herein described
IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be
signed in their respective names as of the day and year first above written
Signed, sea -e and deliv-r;., .n �j LILLY PAD L P DGE, LLC
_presence of 1L.'.. -x �1
By 11,11711
Print Name Erik 'trom, anager
int N e A , C
STATE OF FLORIDA)
COUNTY OF lAKE)
he foregoing instrument was acknowledged before me this/ ay of
, 2014 by Erik St ,the Manager of Lil Pad Lodge, LLC He [ ] is
personally kno to me or has produced yt 2 ri ��,�. as
identification_
a .• DENISE RAYL NOAK Name ` ///_ � A_/k x/
MY COMMISSION#EE 150678
Title Notary Public
EXPIRES December 20,2015
(NOTARY STAMP) -oz•o,L00 e,ndemoud Naeryserv�ce, My Commission Expires • O9
Signed, sealed and delivered in the THE CITY OF CLERMONT,FLORIDA
prese► e •
4
�. z ► .. ..I_ By
Print Name �a ,�� �1 ° Darre� �, 1
City Manager
Print Name
OR1S 6I.O COS(Ai 0
STATE OF FLORIDA)
COUNTY OF LAKE )
he foregoing instrument was acknowledged before me this 625/ day of
, 2014 by Darren Gr , the City Manager of and on behalf of the CITY
OF CLERMONT, ORIDA He is personally known to me or [ 1 has produced
as identification
40',14.V.N DENISE RAYL NOAK As
* ,_yF* MY COMMISSION ri EE 150878
EXPIRES Deurnber24,2015
'44,m 00.4 Bonded ThN Budget Notary Semmes
1! , ���PAS
Name /5 - = /FA.,
Title Notary Public
(NOTARY STAMP) My Commission Expires e& czj o7O/
. . EXHIBIT A
John Todd Deliman, P.S.M. /4,
3411 Fox Ridge Street Winter Haven, Florida 33884 raw �o-=-
' Phone (863) 216-4002 Email. Jtdsurveyor®hotmoil corn ii
MINIM =MM.
AMMO= MMIIMMII. SKETCH FOR LEGAL DESCRIPTION =
NORTH
NOT A SURVEY
SCALE. 1" = 30'
0 15 30
I
I
§ SB9'42'52"W 167 57' o°
O N
00 20' WIDE DRAINAGE EASEMENT N3 a 3,350 SQUARE FEET i
MI N
N O
PP N89'42'52"E 167.48' cl, °o
R I
LEGAL DESCRIPTION.
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY UNE OF WEST AVENUE
WITH THE NORTH RIGHT OF WAY UNE OF OSCEOLA STREET IN CLERMONT, LAKE COUNTY,
FLORIDA, THENCE RUN N89'5738'1 ALONG THE NORTH RIGHT OF WAY UNE OF SAID 0
OSCEOLA STREET, 187 33 FEET, THENCE N00'02'22"W, 11845 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N00'02'22"W, 20 00 FEET, THENCE S89'42'52"W, 167 57 N
FEET, THENCE S0017'08"E, 20.00 FEET, THENCE N89'42'52"E, 167 48 FEET TO THE N
POINT OF BEGINNING.
m
4-
w i
O
W
"C I POINT OF
E t C0110lENCEMENT
CO \___ _____ I_ _...._
N 89'57'38" E 187.33
OSCEOLA STREET
60' PLATTED RIGHT OF WAY
LEGEND: k
R/W RIOWT OF WAY , "■ r c
G.
SURVEYOR'S NOTES: A`' ''
1 North and Mp bearbtge are referenced to the assumed 'r -
bearing of North 8957'38'East long the North
right of way line of Osceola Street. NOT VALID
2. Legal deewiprion was prepared at clients request "Ir 4 '
�`' ,AIMLESS�' 1, r
�r
PREPARED BY: ' ,, EMBOSSED SEALED
Not wild Without the signature and the •
original raised soil of a Florida licensed /� % J? ` 'F
deletions other n . � _ -�_.---• '�
Date' 01/08/2014
the siring party to prohlbited without
mitten mown of the signing parts hn Todd Deliman, P S Al Florida Registration No 6082 aermarit Osceola streetdwg