2008-60 1 t
CONTRACT FOR SALE AND PURCHASE
THIS CONTRACT FOR SALE AND PURCHASE (the "Contract") is made and entered into
on:5 wt h e,' 43, 2008 (the "Effective Date"), by and between the CITY OF
CLERONT, a Florida municipal corporation ("Seller") and HAYDON-RUB1N
DEVELOPMENT INC., a Florida for Profit Corporation, whose address is 4592 Ulmerton Road,
Suite 100, Clearwater, FL 33762, or its assigns (hereinafter referred to as "Buyer").
RECITALS
A. Buyer intends to develop a residential project in Lake County, Florida, to be
known as "Hearthstone" (the "Project").
B. Access to the Project from S. R. 50 is over a partially-developed roadway known
as Max Hooks Road.
C. Buyer wishes to purchase the Property and cause it to be conveyed to Lake
County, Florida (the "County") for use as a publicly dedicated right-of-way for vehicular and
pedestrian traffic as part of an expanded Max Hooks Road.
D. Seller currently uses the Property in conjunction with Seller's wastewater
treatment facilities pursuant to Flonda Department of Environmental Protection Permit Number
FLA010512 (the "Permit"), which permit expires August 8, 2009.
E. Seller does not intend to renew the Permit beyond its stated expiration date and
therefore will not use the Property or the Seller's property lying contiguous thereto ("Seller's
Remaining Property") for wastewater treatment uses after August 8, 2009.
F. Notwithstanding the conveyance of the Property to the County, as contemplated
herein, Seller wishes to reserve an easement to use the Property as currently used and in
compliance with the Permit until August 8, 2009.
NOW THEREFORE, for and in consideration of the premises hereof, the sums of money
to be paid hereunder, the mutual covenants herein contained, and for other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
do covenant, stipulate and agree as follows, to wit:
1. Description of Property. The property shall consist of the following to wit:
That certain real property situate in Lake County, Florida as
described with particularity on Exhibit "A" attached hereto,
together with all improvements, tenements, hereditaments, rights,
privileges and easements thereunto belonging (hereinafter together
referred to as the "Property").
2. Agreement to Sell and Purchase. Seller hereby agrees to sell and convey to
Lake County, Florida and Buyer hereby agrees to purchase for and on behalf of Lake County,
'\ O7.3I8 1
Florida fee simple title to the Property upon the terms and subject to the conditions set forth in
this Contract.
3. Cash Purchase Price and Method of Payment, Closing Date. 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00). The purchase price shall be
paid by Buyer to Seller by certified check or wire transfer in US Funds and the warranty deed
conveying title to the Property (the "Deed") shall be delivered to the County on the date of
closing, which shall be November 25, 2008 (the "Closing" or"Closing Date").
4. Condition Precedent. It shall be a condition precedent to Buyer's obligation to
close and deliver the purchase price to the Seller that a) the Buyer shall have received reasonable
assurances from the County that the County will accept the deed of conveyance to the Property
and dedicate the Property as public right-of-way for vehicular and pedestrian access and for no
other purpose and b) Buyer shall have closed on the purchase of the property comprising the
Project.
5. Seller's Reserved Easement. The Deed shall include a temporary easement (the
"Easement"), expiring by its own terms,on August 8, 2009, reserved for the benefit of the Seller
for the following purposes, provided, however, that the Seller, at its sole option, shall have the
right to extend the term of the Easement for a period to expire no later then August 8,'2010 and
will terminate the easement 30 days after Seller's termination of use of Property for wastewater
treatment/sprayfield uses:
a. continued use as a sprayfield in accordance with the Permit or uses related
thereto;
b continued use, monitoring, maintenance and repair of existing facilities
within the Property, including a pump,pumphouse and monitoring wells and an easement
for access to said facilities for monitoring, maintenance and repair.
6. Additional Consideration to Seller. Buyer covenants, for itself and its
successors or assigns as owner of the Project, that as part of its construction of improvements,
expansion or extension of Max Hook Road related to development of the Project, Buyer shall
include the installation of sidewalks on the west side of Max Hooks Road constructed in
accordance with applicable road construction standards of the City of Clermont.
7. Title. Buyer, at Buyer's expense, shall, within twenty (20) days after the
Effective Date, obtain a title insurance commitment (the "Commitment") from tle
C ant ny-(the "Title Company") and shall promptly furnish a copy thereof to the
County and to Seller. Buyer may, at any time prior to the Closing Date, terminate this Contract
if any matters of title shown on the Commitment are unacceptable to Buyer or to the County. If
Buyer does not terminate the Contract, Buyer and County shall be deemed to accept title in the
condition shown on the Commitment when issued (subject to the last sentence of this Section 7).
Seller shall not cause or permit any additional matters affecting title to the Property to arise or be
recorded prior tot the Closing Date. At Closing, Seller shall execute such affidavits as shall be
t�ormw r l4-4l 74-1 _ f)S Co .
)-forte-n ni) C
07-31-08 V 2
necessary to allow the Title Company to delete the gap, construction lien and parties-in-
possession standard exceptions shown on the Commitment.
8. Investigations and Inspections of Property. Seller hereby grants to Buyer and
its agents or assigns full right of entry upon the Property and any part thereof prior to the Closing
Date for the purpose of conducting inspections, studies, surveys and the like. 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 attorney's fees) which may be occasioned, directly or indirectly,
by reason of the exercise'of such right of entry upon the Property,,and that such indemnification
shall expressly survive both the termination of this Contract and the closing of the sale and
purchase of the Property contemplated by this Contract. Buyer certifies to Seller that Buyer has
in force general public liability coverage in amounts of no less than $1,000,000.00 per
occurrence and $1,000,000.00 in the aggregate.
9. Conveyance of Property. Seller shall transfer to the County title to the Property
by warranty deed substantially in the form attached hereto and incorporated herein as Exhibit
"B" free and clear of all liens, encumbrances and exceptions except for a) matters of title
accepted or deemed by Buyer set forth the Commitment, if any, and b) the Easement.
10. Closing. The sale and purchase transaction contemplated in this Contract shall be
closed and the aforesaid closing documents delivered on November 25, 2008. The closing shall
be completed by a closing agent or attorney as selected by Buyer and shall take place at a
location in Lake County and at such time as shall be mutually agreed upon between Buyer and
Seller. At Closing, Seller shall deliver to the Title Company such evidence as shall be required
by the Title Company to evidence the authority of the person executing the Deed and other
closing documents on behalf of the Seller.
11. Closing Costs. The Buyer shall pay all closing costs including but not limited to
any and all state documentary stamps as may be required to be affixed to the Deed, the premium
for the owner's title insurance policy to-be issued pursuant to the Commitment, if any, the cost of
recording any and all other documents-necessary to deliver title to Lake County and document
preparation and closing agent fees. Each party shall pay its own counsel's fees and costs.
12. Possession. Possession of the Property shall be delivered by the Seller to Lake
County at the time of Closing hereunder, subject to the rights of the Seller pursuant to the
Easement. 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.
13. Prorations. To the extent applicable, ad valorem real and personal property taxes
for the year of closing shall be prorated as of Closing. If, however, the amount of such taxes for
the year of Closing cannot be ascertained, the rates, millages and assessed valuations for the
previous year, with known changes and utilizing full discounts, shall be used as an estimate, and
tax prorations based on such estimate shall be readjusted by Buyer and Seller when the actual tax
bills for the year of sale are received, which obligation shall expressly survive closing for a
period of twelve (12) months.
07-31-08 3
14. Representations and Warranties of Seller. Seller represents, warrants and
covenants ad follows:
a The Permit is in effect, and Seller has received no written notice of any
violation thereof or of any other law, regulation or ordinance that would require
remediation by Seller or any successor owner of the Property;
b. Seller covenants not to renew the Permit as it relates to the Property
beyond August 8, 2009, except as may be necessary to extend the permitted operation
until the time necessary to comply with Seller's utility operation or other uses related
thereto and any and all regulatory agency requirements, or August 8, 2010 and will
terminate the easement 30 days after Seller's termination of use of Property for
wastewater treatment/sprayfield uses. .
15. Default. In the event that Buyer fails to close on the purchase of the Property,
Seller may, as its exclusive remedy, terminate this Contract upon written notice to Buyer. If the
p Y
Seller fails to perform any of the covenants of this Contract on its part to be performed, Buyer
may at its option proceed in equity in an action for specific performance to enforce its rights
under this Contract.
16. Assignability. ,Buyer may assign its rights and obligations under this Contract to
the party taking title to the Project._ Any assignment shall be in writing and a copy of such
assignment executed by both assignor and assignee shall be delivered to Seller.
17. Litigation and Attorney's 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 attorney's fee as fixed
by the Court.
18. Survival of Provisions. The provisions of this Contract shall not survive the
closing hereunder except as expressly provided elsewhere in this Contract.
19. Time of Essence. It is expressly agreed by both the Seller and Buyer that time is
of the essence of this Contract and in the performance of all conditions, covenants, requirements,
obligations and warranties to be performed or satisfied by the parties hereto. Waiver of
performance or satisfaction of timely performance or satisfaction of any condition, covenant,
requirement, obligation or warranty`by one party shall not be deemed to be a waiver of the
performance or satisfaction of any other condition, covenant, requirement, obligation or warranty
unless specifically consented to in writing. Unless otherwise expressly provided herein, all
periods for performance, approval, delivery or review and'the like shall be determined on a
"calendar" day basis. If any day for performance, approval, delivery or review shall fall on a
Saturday, Sunday or legal holiday on which national banks are closed for business, the time
therefore shall be extended to the next business day.
07-31-08 4
20. Third Party Beneficiary. It is expressly acknowledged and agreed that this
Contract shall inure to the benefit of Lake County; which shall have any and all legal rights and
entitlements as may be available by law to a Third Party Beneficiary.
21. 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 States Mail, postage prepaid, return receipt
requested,'or by facsimile or telecopy transmission, with acknowledgement of receipt upon
transmission, to the party entitled or required to receive the same, as follows:
TO BUYER: Haydon Rubin Development Inc.
Attention: Thayer Haydon
4591 Ulmerton Road, Suite 100
Clearwater, FL 33762
Fax: (727) 536-6852
WITH COPY TO: Decker Beeler, P.A.
Attention: Mary Sue Beeler, Esq.
100 Second Avenue S., Suite 303-S. Tower
St. Petersburg, FL 33701
Fax: (727) 5551-0675
TO SELLER: City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
Attn: City Manager
Fax:
WITH A COPY TO: De Beaubien Knight, Simmons, Mantzaris &Neal, LLP
332 North Magnolia Avenue
Orlando, FL 32801
Attn: Daniel F. Mantzaris, Esq.
Fax: (407) 992-3541
22. 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.
23. 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 wither 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
07-31-08 5
other, then the same must be in writing signed by the party to whose detriment the modification,
amendment or waiver inures.
24. Brokerage. Seller and Buyer acknowledge that no broker or finder has been
employed by Buyer or Seller; therefore, Seller and Buyer warrant to each other that no
commissions are payable or due to any broker or finder in connection with this Contract or the
transaction contemplated herein and Seller and Buyer each agree to indemnify, defend and hold
the other harmless from and against any commissions or fees or claims for commissions or 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.
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
persons 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. Effective-Date. The "Effective Date" of this Contract shall be the date upon
which this Contract is last signed by Seller and Buyer.
27. Counterparts. This Contract may be executed in counterparts by theP arties
hereto and each shall a 1 be considered an original, but all such counterparts shall be construed
together and constitute one Contract between the parties hereto.
28. Acceptance. In the event this Contract is not signed simultaneously by Buyer
and Seller, it shall be considered to be an offer by Buyer and Seller, which may be withdrawn in
writing at anytime by Buyer prior to acceptance by Seller.
29. 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.
IN WITNESS WHEREOF, Seller and Buyer have each caused this Contract for Sale
and Purchase to be executed as of dates set forth below.
SELLER:
Attest: The City of Clermont,
a Florida Munici sal Corporation
By. , / ,Z JCrcete, B -' �!
!la
Print Name: —Crack'.A �d Print Name: /-14ro I d %
Its: C +'�'�( Ca ec-I� Its:f� nyk-
Date: Sep-ten/11w/11w �3 a[ � Date: c�-tPmA� O3 ab O
07-31-08 6
BUYER:
Haydon-Rubin Development Inc.,
a Florida corporation
By:
70/ =,....= __
Rogers K. aydon, Jr., President
Date: /V/11 6 t
07-31-08 7
EXHIBIT "A"
Legal Description of Property
Description-Parcel A:
Commence at the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 22
South,.Range 25 East, Lake County, Florida, thence run S 00°16'11" W along the East line of the
Southeast 1/4 of said Section 21 for a distance of 1323.00 feet to the Southeast corner of said Section 21;
thence run N 89°16'10" W for a distance of 12.00 feet to the POINT OF BEGINNING, thence run S
01°29'51" W parallel with, and 12:00 feet West of, the East line of the Northeast 1/4 of Section 28,
Township 22 South, Range 25 East, Lake County, Florida, for a distance of 1081.34 feet to the North
corner of that triangle of land described in the second paragraph of the Warranty Deed recorded in
Official Records Book 40; Page 66, Public Records of Lake County, Florida; thence run S 36°39'18" W
along the Northwest line of said triangle of land for a distance of 73.62 feet to a point on the beginning of
a non-tangent curve concave to the West, having a radius of 167.00 feet, a chord bearing of N 03°27'19"
E and a chord distance of 11.41 feet; thence leaving said triangle of land run Northerly along the arc of
said curve for a distance of 11.41 feet through a central angle of 03°54'56"to a point 54.00 feet West of,
when measured perpendicular to,,the East line of the Northeast 1/4 of said Section 28; thence run N
01°29'51"E parallel with, and 54.00 feet West of,the East line of the Northeast 1/4 of said Section 28 for
a distance of 1001.03 feet; thence run S 88°41'29"E for a distance of 6.00 feet to a point 48.00 feet West
of, when`measured perpendicular to, the East line of the Northeast 1/4 of said Section 28; thence run N
01°29'51"E parallel with, and 48.00 feet West of,the East line of the Northeast 1/4 of said Section 28 for
a distance of 128.59 feet to the North line of the Northeast 1/4 of said Section 28;thence run N 00°16'12"
E parallel with, and 48.00 feet West of, the East line of the Southeast 1/4 of aforesaid Section 21 for a
distance of 719.79 feet to the North line of that parcel of land described in the Warranty Deed recorded in
Official Records Book 783, Page 960, Public Records of Lake County, Florida; thence run S 89°08'15"E
along said North line for a distance of 36.00 feet to a point 12.00 feet West of, when measured
perpendicular to, the East line of the Southeast 1/4 of said Section 21; thence run S 00°16'11" W parallel
with, and 12.00 feet West of,the East line of the Southeast 1/4 of said Section 21 for a distance of 719.71
feet to the Point of Beginning.
TOGETHER WITH
Description-Parcel B:
Commence at the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 22
South, Range 25 East, Lake County, Florida, thence run S 00°16'11" W along the East line of the
Southeast 1/4 of said Section 21 for a distance of 1323.00 feet to the Southeast corner of said Section 21;
thence run N 89°16'10"W for a distance of 12.00 feet;thence run S 01°29'51"W parallel with, and 12.00
feet West of, the East line of the Northeast 1/4 of Section 28, Township 22 South, Range 25 East, Lake
County,Florida, for a distance of 1081.34 feet to the North corner of that triangle of land described in the
second paragraph of the Warranty Deed recorded in Official Records Book 40, Page 66, Public Records
of Lake County,Florida; thence run S 36°39'18"W along the Northwest line of said triangle of land for a
distance of 246.85 feet to the POINT OF BEGINNING; thence continue S 36°39'18" W along said
Northwest line for a distance of 81.11 feet to a point 10.00 feet North of, when measured perpendicular
to,the South line of Tract 9, in said Section 28, according to the plat of Groveland Farms, as recorded in
Plat Book 2, Pages 10 and 11, Public Records of Lake County, Florida; thence run N 89°27'07" W
parallel with, and 10.00 feet North of said South line of Tract 9 for a distance of 103.57 feet to a point on
the beginning of a non-tangent curve concave to the Southeast, having a radius of 615.91 feet, a chord
bearing of N 65°30'54" E and a chord distance of 50.16 feet; thence leaving said line 10.00 feet North of
the South line of Tract 9 run Northeasterly along the arc of said curve for a distance of 50.18 feet through
a central angle of 04°40'04" to the end of said curve; thence run N 67°50'56" E for a distance of 114.81
feet to the Point of Beginning.
07-31-08 8
Prepared By:
Return To:
Parcel ID:
WARRANTY DEED
THIS WARRANTY DEED is made and entered into this_day of
, 2008, by and between CITY OF CLERMONT, a Florida Municipal Corporation,
hereinafter referred to as GRANTOR, and LAKE COUNTY, FLORIDA, a Political Subdivision
of the State of Florida,whose mailing address is
,hereinafter referred to as GRANTEE.
WITNESSETH:
FOR AND IN CONSIDERATION OF those certain terms of conditions contained in
that certain agreement between GRANTOR and Haydon-Rubin Development Inc., a Florida
corporation, dated , 2008 and other good and valuable consideration, the
receipt of which is hereby acknowledged, GRANTOR does hereby grant, bargain, sell and
convey to the GRANTEE all of GRANTOR'S right, title, entitlements and interest in the real
property being situate in the County of Lake, State of Florida, legally described on Exhibit "A-
1" and depicted on Exhibit "A-2" both attached hereto and made a part hereof (the
"Property"), subject, however, to a temporary easement over, on, under and across the Property
(the "Easement") reserved by Grantor in accordance with the terms set forth on Exhibit "B"
attached hereto and made a part hereof.
TO HAVE AND TO HOLD said Property unto said GRANTEE, its successors and/or
assigns in fee simple forever, subject, however, to the rights of GRANTOR pursuant to the
Easement and further subject to those matters set forth on Exhibit "C" attached hereto and made
a part hereof but without the same being reimposed by virtue of reference herein.
GRANTOR does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day
and year first above written.
07-31-08 9
(NOTE: Please insert the proper signature and witness blocks, including such Approvals as to
form and content by City officials as shall be necessary in accordance with City and Title
Company requirements.)
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this day of , 2008
by and , as
and , respectively, of the City of
Clermont. They are (check one) [ ] personally known to me or [ ] furnished
as identification.
SEAL Notary Public, State of Florida
Printed Name of Notary Public
07-31-08 10
Exhibit "A-1"
Legal Description
Description-Parcel A:
Commence at the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 22
South, Range 25 East, Lake County, Florida, thence run S 00°16'11" W along the East line of the
Southeast 1/4 of said Section 21 for a distance of 1323.00 feet to the Southeast corner of said Section 21;
thence run N 89°16'10" W for a distance of 12.00 feet to the POINT OF BEGINNING; thence run S
01°29'51" W parallel with, and 12.00 feet West of, the East line of the Northeast 1/4 of Section 28,
Township 22 South, Range 25 East, Lake County, Florida, for a distance of 1081.34 feet to the North
corner of that triangle of land described in the second paragraph of the Warranty Deed recorded m
Official Records Book 40, Page 66, Public Records of Lake County, Florida; thence run S 36°39'18" W
along the Northwest line of said triangle of land for a distance of 73.62 feet to a point on the beginning of
a non-tangent curve concave to the West, having a radius of 167.00 feet, a chord bearing of N 03°27'19"
E and a chord distance of 11.41 feet; thence leaving said triangle of land run Northerly along the arc of
said curve for a distance of 11.41 feet through a central angle of 03°54'56"to a point 54.00 feet West of,
when measured perpendicular to, the East line of the Northeast 1/4 of said Section 28; thence run N
01°29'51"E parallel with, and 54.00 feet West of,the East line of the Northeast 1/4 of said Section 28 for
a distance of 1001.03 feet;thence runS 88°41'29"E for a distance of 6.00 feet to a point 48.00 feet West
of, when measured perpendicular to, the East line of the Northeast 1/4 of said Section 28; thence run N
01°29'51"E parallel with, and 48.00 feet West of,the East line of the Northeast 1/4 of said Section 28 for
a distance of 128.59 feet to the North line of the Northeast 1/4 of said Section 28;thence run N 00°16'12"
E parallel with, and 48 00 feet West of, the East line of the Southeast 1/4 of aforesaid Section 21 for a
distance of 719.79 feet to the North line of that parcel of land described in the Warranty Deed recorded in
Official Records Book 783, Page 960, Public Records of Lake County, Florida, thence run S 89°08'15"E
along said North line for a distance of 36.00 feet to a point 12.00 feet West of, when measured
perpendicular to, the East line of the Southeast 1/4 of said Section 21; thence run S 00°16'11"W parallel
with,and 12.00 feet West of,the East line of the Southeast 1/4 of said Section 21 for a distance of 719.71
feet to the Point of Beginning.
TOGETHER WITH
Description-Parcel B:
Commence at the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 22
South, Range 25 East, Lake County, Florida, thence run S 00°16'11" W along the East line of the
Southeast 1/4 of said Section 21 for a distance of 1323.00 feet to the Southeast corner of said Section 21;
thence run N 89°16'10"W for a distance of 12.00 feet;thence run S 01°29'51" W parallel with,and 12.00
feet West of, the East line of the Northeast 1/4 of Section 28, Township 22 South, Range 25 East, Lake
County,Florida, for a distance of 1081.34 feet to the North corner of that triangle of land described in the
second paragraph of the Warranty Deed recorded in Official Records Book 40, Page 66, Public Records
of Lake County, Florida; thence run S 36°39'18"W along the Northwest line of said triangle of land for a
distance of 246.85 feet to the POINT OF BEGINNING; thence continue S 36°39'18" W along said
Northwest line for a distance of 81.11 feet to a point 10.00 feet North of, when measured perpendicular
to,the South line of Tract 9, in said Section 28, according to the plat of Groveland Farms, as recorded in
Plat Book 2, Pages 10 and 11, Public Records of Lake County, Florida; thence run N 89°27'07" W
parallel with, and 10.00 feet North of said South line of Tract 9 for a distance of 103.57 feet to a point on
the beginning of a non-tangent curve concave to the Southeast, having a radius of 615.91 feet, a chord
bearing of N 65°30'54" E and a chord distance of 50.16 feet; thence leaving said line 10.00 feet North of
the South line of Tract 9 run Northeasterly along the arc of said curve for a distance of 50.18 feet through
a central angle of 04°40'04" to the end of said curve; thence run N 67°50'56" E for a distance of 114.81
feet to the Point of Beginning
07-31-08 11
EXHIBIT "A-2"
Sketch of Property
Map of Boundary Survey PAGE 1 OF 3
ALTA/ACSM LAND TITLE SURVEY
Note&
-Bearings booed on the East line of the SE 1/4 POINT OF COMMENCEMENT
as being S 06'18'11" W, an assumed meridian E Sra7 1/NORTHEAST CORNER
E 14 SE 1/4 OF SE 1/4
FOUND RAILROAD SPIKE
IN PAVEMENT
EXLSTWO 25'RIGHT OF WAY
PER ORB BIB, PG 19325 e9.0.5'13" E 3500
�� (DEEI]ED to on Gomm) 111 Seale - ,"_200,
IE Irne SE 1/4
.. Section 21 CATHERINE PROKOWICH
3t
tk mR
CITY OF CLERMONT r�'
ORB 783, PGS 960-963 a'O1 b'
A N
PROPOSED 38'WIDE EXISTING DAVID&LOUISE THORNE
AD0111DNAL RIGHT OF WAY-1 EDGE OF LIFE ESTATE
PAVEMENT
VN' EXISTING 25' RIGHT OF WAY
Tract 57 - PER ORB 910 PG 2462
m y (DEEDED TO LAKE COUNTY)
b : 12'ROADWAY PER PUT
OF GROAELAND FARMS
s PUT 13002, PACES 10&11
EXISTING RIGHT OF WAY)
PROPOSED 38'WIDE
ADDITIONAL RIGHT OF WAY TRACY&JOAN KIRKCWO
54c 21-22-73 N 89 16'10" W 12 08'
POB PARCEL A See 22-22-2S
E boo8NE21/45 N 01 2951"•E .1
Sec SE CORNER SECTION 21
1213 59' IIIW 24'ROADWAY PER PUT
Clermont foc llty— il111 OF OROVEUND FARMS Sea 27-22-25
S 86 41'29" E t PUT BOOK 2,PAGES 10& 11
Sec 28-22-25 5.00 I ,(EXISTING RIGHT_-OF RAT)
12' EACH SIDE OF SECTION LINE
PROPOSED 42 WIDE -
ADDITIONAL RIGHT OF WAY 0
T. 0
4 a,
CITY OF CLERMONT - c
ORB 783• PCS 960-963 Tract B Y Tract 1 PUO'BOOK 2, PAGES 10 6 11
W 3 O
PUT BOOK 2 PAGES 10& 11: e , O
IT, I TOM WEATHERS
re Q
O 7-
2 N
41019101 EXISTING
auL EDGE OF
'LAMENT
Erma NE 1/4 See 28
PROPOSED 42'WIDE LINE TABLE
ADDITIONAL RIGHT OF WAY TOM WEATHERS NUMBER DIRECTION DISTANCE
4 11 S 87136'56"W 114131'
Tract 9 0 L2 5 139'27.07" E 1 D3 57'
PUT BOOK 2,PAGES 10 e: 11 .....
447:
1 �^, U N 36'39'18" E 81 11'
PROPOSED RIGHT L4 S 36-39 16 W 173 23'
OF WAY LINE ,
CITY OF CLERMONT 20 INGRESS/ 1 Tract 16 PUT BOOK 2,PAGES 10 d 11
ORB 898, PG 1413 EGRESS EASEMENT e. „ DID
PER ORB 349, Ie.
EXISTING
PC 381 777777 ,PAVEMENT
O
COY OF CLERMONT
�W ,g,�PARCEL B 'v1,f lI1 ORRIS FAOrAM SMITH
LNt?"`IT I3 `• If 24'ROADWAY PER PLAT
10'drip per 4A OF CR VELAND FARMS
L DRB 345,PO 39 ar-! ' �' I
PUT BOOK 2, PAGES TO&11
(EXISTING,RIGHT OF WAY)
DOSING 12 EACH SIDE OF SECTION UNE
NORTH BOUNDARY UNE ORT ROAD
TRACT 24
CURVE TABLE
"HEARTHSTONE` NUMBER DELTA ANGLE CHORD DIRECTION RADIUS ARC LENGTH CHORD LENGTH
Cl 03'54'55" N 03'27'18" E 16700 1141 1141
LEGEND C2 04'40'04" Al 135'30'54" E B1891 5019 5016
0 Denotes net 1/2'hon nod& , Ode Reramne Reid Dote 0027.0131,
cop monad'LB S642"
7/17/09 Prepmad far Hayden-Rub t7E
POB DENOTES POINT OF BEGINNING
ORB DENOTES OFFICIAL �-'RECORDS BOOK Medan,La:te1 Surveying, Inc.
PO DENOTES PACE JPO LB/9980
OHW DENOTES OVERHEAD WIRES t009 Eeet Ace
55eM Clermont FL 34711
1'=200' 392-394-8258
07-31-08 12
EXHIBIT "B"
Terms of Easement
(In outline form for discussion purposes only)
(Hereinbelow, Grantor shall be referred to as "City," and Grantee shall be referred to as "County")
1. The Easement reserved hereby is non-exclusive and is temporary. It expires on August 8, 2009
without further action or recording in the Public Records; provided, however, City agrees, after said date
and upon request by County,to execute and deliver a recordable termination of the Easement. (The period
commencing on the date this Deed is recording and expiring on August 8, 2009 shall be referred to as the
"Use Period").
2. Until expiration of the Use Period,City may contmue to use the Property as part of City's wastewater
treatment facilities, specifically, as a part of City's sprayfield, in accordance with the Permit, but for no
other purposes.
3. City may continue to maintain its current facilities in, on and under the Property, but may not expand
said facilities or construct or add other facilities within the Property without the County's prior written
consent.
4. With thirty (30) days after the expiration of the Use Penod, City may remove any facilities
remaining on the Property at the expiration of such period, but any facilities remaining at the end of the
foregoing thirty(30)day penod shall be deemed the property of County which County may retain without
compensation to City.
5. City shall indemnify and hold County harmless from any and all cost, damage, expense, claim or
liability related to or ansmg from City's use of the Property as part of City's wastewater treatment
facilities.
6. City shall furnish to County copies of any notices, correspondence or summonses relating to any
violation by City of any law, statute, ordinance,rule or permit governing City's use of the Property as part
of City's wastewater treatment facilities or otherwise.
7. City shall not renew the existing Permit or apply for a new permit for City's use of the Property
beyond the expiration date of the Use Period, and if City does so, City appoints County as City's attorney
in fact to withdraw any such application.
8. Nothing herein shall prevent County or County's agent from applying for approvals, consents,.
permits or licenses to construct right-of-way improvements on the Property as part of the improvements
of Max Hooks Road, provided that no physical construction on the Property shall occur before the
expiration date of the Easement.
07-31-08 13
•
• e
EXIT "C"
Permitted Exceptions
07-31-08 14
•
n*s «
re d ,✓is=g
p
AMENDMENT TO CONTRACT
This amendment to the CONTRACT FOR SALE AND PURCHASE (the "Contract") executed on September 23,
2008, by and between the City of Clermont, a Florida municipal corporation ("Seller") and Haydon-Rubm
Development Inc,a Florida for Profit Corporation("Purchaser")for the Property referenced m the Contract
Purchaser and Seller hereby agree that the closing date in paragraphs 3 and 10 of the executed Contract shall be
amended as follows
3 Cash Purchase Price and Method of Payment, Closing Date Subject to credits, adjustments
and proration 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 ONE HUNDRED THOUSAND DOLLARS
($100,000 00) The purchase price shall be paid by Buyer to Seller by certified check or wire transfer in US Funds
and the warranty deed conveying title to the Property (the "Deed") shall be delivered to the County on the date of
closing,which shall be December 23,2008 (the"Closing"or"Closing Date")
10 Closing The sale and purchase transaction contemplated in this Contract shall be closed and the
aforesaid closing documents delivered on Decmeber 23,2008 The closing shall be completed by a closing agent or
attorney as selected by Buyer and shall take place at a location in Lake County and at such time as shall be mutually
agreed upon between Buyer and Seller At Closing, Seller shall deliver to the Title Company such evidence as shall
be required by the Title Company to evidence the authority of the person executing the Deed and other closing
documents on behalf of the Seller
Purchaser and Seller further agree that all other terms and conditions of the executed Cotract shall remain in full
force and effect
This AMENDMENT TO CONTRACT is agreed upon and executed by and between
Q.% ///
i/ 190
Seller,Harold Tuville Date
CITY OF CLERMONT
4d,
Purc ser ogers Haydon Da
DON-RUBIN DEVELOPMENT INC
HAYDON-RUBIN DEVELOPMENT INC. • 4592 ULMERTON ROAD, SUITE 100 • CLEARWATER, FL 33762
PHONE: (727) 539-0777 • FAX: (727) 536-6852