Resolution No. 2023-046RS_
CLERMONT CITY OF CLERMONT
��,� RESOLUTION NO.2023-046R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CLARIFYING THE ACTION
TAKEN IN ACCORDANCE WITH RESOLUTION NO. 2017-35, WHICH
DECLARED CERTAIN CITY OWNED REAL PROPERTY AS SURPLUS;
APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE AND
DELIVER A QUIT CLAIM DEED TO THAT CERTAIN PROPERTY
GENERALLY DESCRIBED AS A 25 FOOT WIDE 275 FOOT LONG STRIP
BETWEEN EAST MONTROSE STREET AND EAST DESOTO STREET;
RESERVED AND ACCEPTED A 15 FOOT PUBLIC UTILITY EASEMENT
ALONG AND WITHIN THE SUBJECT PROPERTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, by Trustee Deed dated November 13, 2006, the City accepted title at no cost to the
City to that certain property generally described as a 25-foot-wide 275-foot-long strip of property
between East Montrose Street and East Desoto Street ("Subject Property");
WHEREAS, the City Council determined and declared by Resolution 2017-35 that the Subject
Property is surplus property not needed for any public purpose and of no value to the City; and
WHEREAS, Resolution 2017-35 found it was in the best interest of the City of Clermont to
transfer the Subject Property back to the original grantors and/or their assigns and successors and
to retain a public utility easement along and within the Subject Property; and
WHEREAS, the City inadvertently deeded the entire Subject Property to Fonstock Real Estate
Investment, LLC, at Official Records Book 5013, Page 1902, Public Records of Lake County,
Florida ("North Deed); and
WHEREAS, the property deeded by the North Deed should have been deeded to the initial
grantor, Alton August Hoffman, Jr. and Rose Marie Hoffman, Trustees of the Rose Marie Hoffman
Living Trust dated January 5, 2015 ("Hoffman Trust").
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Clermont, Lake
County, Florida, that:
SECTION 1:
The City Council does hereby find and certify that the above -stated recitals are true and correct
and are incorporated herein.
CITY OF CLERMONT
.d RESOLUTION NO.2023-046R
SECTION 2:
The City Council has been advised that the Hoffman Trust and the contract purchaser of the
Fonstock Real Estate Investment, LLC property have reached agreement to transfer the North
Deed property to such contract purchaser, and further to indemnify and hold the City harmless
from any loss, damages, fees or costs regarding the North Deed or this transaction, a redacted copy
of such agreement being attached hereto as Exhibit "A". As a result of the foregoing and
conditioned thereupon, the parties to this transaction are authorized to rely upon this resolution for
clarification of the intent of Clermont City Council Resolution No.: 2017-35 and the action
authorized thereunder.
SECTION 3:
This resolution shall take effect immediately upon its adoption.
c9:
CLE ' M, CITY OF CLERMONT
Ch.1m • RESOLUTION NO.2023-046R
It.., .
46
DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont,
ty, Florida, this 24th day of October, 2023.
CITY OF CLERMONT
Tim Murry, ayor
Tracy Ackroyd Howe, City Clerk
Ap yed as to form nd legal'
Daniel F. Mantzaris, City Attorney
AGREEMENT AND COVENANT TO CONVEY/QUITCLAIM PROPERTY
This AGREEMENT AND COVENANT TO CONVEY/QUITCLAIM PROPERTY
(this "Agreement") is made and entered into this 2jZ4day of , 2023 (the
"Effective Date"), by and between MBA Development, LLC, a FI(Tridh limited liability company
("MBA"), and Alton August Hoffman, Jr., and Rose Marie Hoffman, as Trustees of the Rose Marie
Hoffman Living Trust dated January 5, 2015 (the "'Trust").
RECITALS:
WHEREAS, the Trust is the owner of that certain parcel of real property located in the City
of CIermont, Lake County, Florida identified as Lake County Alternate Key Number 3857829,
upon which is a restaurant/ice cream shop ("Trust Property");
WHEREAS, MBA is acquiring property abutting the Trust Property to the south, currently
owned by Fonstock Real Estate Investments, LLC ("Fonstock Property"); and
WHEREAS, the Trust previously deeded to the City of Clermont ("City") a strip of land
approximately 25' in width lying to the west of the Trust Property, the legal description of which
is attached as Exhibit "A" hereto and incorporated herein by reference ("City Strip"); and
WHEREAS, the City determined it no longer needed the City Strip, and mistakenly deeded
the City Strip to the adjoining landowner, Fonstock rather than the Trust; and
WHEREAS, MBA wishes to clear title to the City Strip at or prior to the closing date of
the purchase of the Fonstock Property by MBA; and
WHERAS, the Trust and MBA wish to memorialize their agreement for the Trust to
quitclaim any ownership interest in the City Strip, in accordance with the following conditions;
NOW, THEREFORE, in consideration of the foregoing recitals, and the bargain for
exchange set forth herein below, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, MBA and the Trust covenant and agree as follows:
1. Recitals. The above recitals set forth above are true and correct and are incorporated
herein by this reference.
2. Covenant to Ouitclaim Citv Strio. The Trust hereby covenants and agrees to
convey any interest it may have, if any, in the City Strip to MBA, by quitclaim deed to be recorded
in the Public Records of Lake County, Florida, in substantially the form attached as Exhibit "B"
hereto and incorporated herein (the "Deed"), promptly upon the satisfaction by MBA of each of
the following conditions, which MBA intends to complete as part of its acquisition of the Fonstock
Property.
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089424 1\ 197232\ 129341280
(a) At closing of the Fonstock Property purchase by MBA, MBA shall pay to
the Trust the sumo payment in full for the City Strip and any releases
requested or required in connection herewith. In the event MBA has not closed on its
purchase of the Fonstock Property on or before December 31, 2023, MBA shall thereafter
have the option to terminate this Agreement upon 10 days written notice to the Trust, in
which event neither party shall have any further obligations hereunder.
(b) The Trust will execute and deliver the Deed in favor of MBA to the City
Strip, and a release in form reasonably acceptable to the parties and the City, releasing the
City, Fonstock and MBA from any further liability for the City's error.
(c) The Trust and MBA will cooperate with the City if the City needs or
requires further documentation for the resolution of the erroneously deeded City Strip,
and each will execute and deliver such further documents or instruments, including but
not limited to amended Resolution regarding the City Strip deed.
3. Fees.
Closing Costs: Purchaser shall pay (a) all transfer taxes payable in connection with the
transaction contemplated herein, (b) all recording charges payable in connection with the
recording of the Deed, (c) all of the costs of Escrow, (d) the cost of the Survey, (e) all
attorney fees associated with the Agreement and transfer, and (t) all fees, costs or expenses
in connection with Purchaser's due diligence reviews hereunder. Any other closing costs
shall be allocated to Purchaser.
4. Miscellaneous.
(a) Choice of Law. This Agreement shall be governed by Florida law.
(b) Amendment. No modification, amendment, termination or waiver of the
provisions of this Agreement shall be effective unless in writing and signed by both owners.
(c) Successors and Assigns. The easements and other rights and obligations
created by this Agreement shall run with the title to the land and inure to the benefit of and
shall be binding upon the successors and assigns of the respective Parties.
(d) Notices. All notices permitted or required to be given under this Agreement
shall be effective when delivered in writing to the parties at the addresses set forth below.
All notices shall be delivered by registered or certified mail, postage prepaid, by hand
delivery or by express delivery by a reputable delivery service.
2
0894241U 97232U 29341280
If to the Trust:
If to MBA:
Attn: Rose Marie Hoffman
6430 County Road 561
Clermont, Florida 34711
Attn: Robert Sherman
William S. Kramer
100 SE Third Ave.
23`d Floor
Fort Lauderdale, Florida 33394
(e) Execution; Counterparts. This Agreement may be executed in any number
of counterparts, each of which, when attached hereto, shall constitute a consolidated and
originally executed instruments. Signatures transmitted via electronic means shall be
deemed original signatures for all purposes hereunder.
(f) Termination. This Agreement shall terminate automatically upon the
completion of the Parties' obligations under Paragraph 2 of this Agreement, subject to
earlier termination as provided in Paragraph 2(a), upon which the Parties shall have no
further rights or obligations under this Agreement. No written agreement shall be required
to be executed or recorded by the Parties in order to effectuate such termination.
Intentionally Left Blank
D994241U 972=2934128A
SIGNED by the parties as of the Effective Date set forth above.
MBA:
Signed in the presence of the MBA Development, LLC,
following two witnesses: a Florida limited liability company
By. //-7
Name:
me:
P t Name: Title:
Print Natne:��;
STATE OF FLORIDA
COUNTY OF L, a k,,
THE FOREGOING INSTRUMENT was acknowledged before me by means of Ej
physical presence or ❑ online notarization, this day of Jcv ,, be 2023, by
MLA ,, 4r,,,,l11,n as At" ., of MBA DEVELOPMENT, LLC, a
Florida limited liability company, who is personally known to me, or has produced
4,1 r as identification.
Notary Public Signature a �
[AFFIX NOTARY SEAL] Print Notary Name: ; n . S 1,1,4 ; o CK-
My commission expires: C, /
Notary Public State of Florida
Erin S Wysocki
F
0 My Commission HH 405785
Expires 8/4/2027
4
0894241\197232\1293412$v3
Print Name: �'�yw� -, p C.t � v-4 d r
Print Name:
Print Name �� TM 7 U-%ftV,t'V
Print Name:
STATE OF FLORIDA
COUNTY OF
TRUST:
A4-1��
r7�
Alton August Ho an, Jr., as Trustee of the
Rose Marie Hoffman Living Trust dated
January 5, 2015
o e Marie Hotman, 4Tru';e
Marie Hoffmanvin
January 5, 2015
THE FOREGOING INSTRUMENT was acknowledged before me by means of E5
physical presence or ❑ online notarization, this _14�11day of� , 2023, by Alton
August Hoffman, Jr., Trustee and Rose Marie Hoffman, as Trustee, of the Rose Marie Hoffman
Liviniz Trust dated January 5, 2015, who ❑ are personally known to me, or [have produced
f-L AF,j zr5 L:re,,!.p as identification.
[AFFIX NOTARY SEAL]
Notary Public State of Florida
A Erin S Wysocki
YiiYN1118iaY My Commission HH 405765
Expires 6/4/2027
089424h197232XI29341280
Notary Public Signature
Print Notary Name: !;�-.;� Ij
�,/r
My commission expires: /U/,,,.,
Exhibit "A"
Leizal Descrintion
Of City Stria
That portion of Lots 36 and 37, Block 2 as shown on the plat of "Homedale", as recorded in Plat
Book 11, Page 26, and being a portion of the lands described in Official Records Book 1566, Page
924, both being recorded in the Public Records of Lake County, Florida, reserving unto the Grantor
a utility easement for the installation, maintenance and access, over, across and under the East
fifteen (15) feet of the following described property: commence at the point of intersection of the
westerly right of way line of State Road number 25 (US Hwy 27) as shown on the Florida
Department of Transportation right of way neap, section number 11200 (SR 25 from SR 50 to
South Grassy Lake Road), dated 12/16/03, with the South right of way line of Montrose Street as
shown on the said plat of "Homedale" and shown on said right of way map; thence run on a bearing
related to Florida State plane coordinates, East zone, N 89°14'48" W along said South right of
way line a distance of 172.82 feet for the point of beginning; thence departing said South right of
way line run S 00°46' 12" W a distance of 137.50 feet to the South line of said Lot 37; thence run
N 89014148" W along said South line and the South line of said Lot 36 a distance of 25.00 feet;
thence departing said South lines run N 00146' 12" B a distance of 137.50 feet to the aforesaid
South right of way line; thence run S 89°14'48" E along said South right of way line a distance of
25.00 feet to the point of beginning. Containing 3437.50 square feet or 0.08 acres more or less
subject to easements, right of ways, and matters of record.
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089424W972=1293412M
EXHIBIT "B"
Form of Quitclaim Deed
089424Al97232\12934128v3
This instrument was prepared by
and should be recorded and returned to:
WILLIAM S. KRAMER
Brinkley Morgan
100 Southeast 31a Avenue, 23rd FL
Ft. Lauderdale, FL 33394
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of . 2023, between
Alton August Hoffman, Jr. and Rose Marie Hoftiman, as Trustees of the Rose Marie Hoffman
Living Trust dated January S, 2015, whose address is
, Grantor, and MBA Development, LLC, a
Florida limited liability company, whose address is
, Grantee,
(Whenever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs,
legal representatives and assigns of individuals, and the successors and assigns of corporations
wherever the context so admits or requires.)
WITNESSETH, that the Grantor, for and in consideration of the sum of TEN AND
NO/100 ($10.00) DOLLARS, and other good and valuable consideration to Grantor paid by the
Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, convey and
quit -claim to the Grantee forever, all the right, title, interest, claim and demand which the Grantor
has in and to the following described lot, piece or parcel of land, situate, lying and being in the
County of Lake, State of Florida, to -wit:
See Exhibit "A" attached hereto and incorporated herein by reference
Note: This instrument prepared without the benefit of a title examination and title insurance is not
being issued in conjunction with the preparation of this instrument. Preparer hereby disclaims
liability with regard to any and all title matters.
SUBJECT TO: Taxes for the current calendar year and subsequent years, zoning and/or
restrictions and prohibitions imposed by governmental authority, restrictions and other matters
appearing on the declaration of condominium and/or plat and/or common to the subdivision; utility
easements of record,
THIS PROPERTY IS NOT TIE HOMESTEAD OF THE GRANTOR NOR IS IT CONTIGUOUS
TO OR ADJACENT TO THE GRANTOR'S H0WMAD.
089424 A 197232U29341280
IN WITNESS WHEREOF, the Grantor has executed this Quit -Claim peed.
Signed, scaled and delivered
in the presence of:
Witness No. 1 signature
Printed name of Witness No. 1
Witness No. 2 signature
Printed name of Witness No, 2
STATE OF FLORZDA
COUNTY OF
Alton August Hoffman, Jr., as Trustee
of the Rose Marie Hoffman Living Trust
dated January 5, 2015
Rose Marie Hoffnan, as Trustee of the Rose
Marie Hoffman Living Trust dated
January 5, 2015
The foregoing instrument was acknowledged before me by means of 0 physical presence
or ❑ online notarization, this _ day of , 2023 by Alton August Hoffman, Jr.
and Rose Marie Hoffman, as Trustees of the Rose Marie Hoffman Living Trust dated January 5,
2015, who are personally known to me or who have produced as
identification.
[Notary Seal]
9
0894241\ 1972321129341280
Notary Public
Print
Name:
My commission expires:
JE - BIT "A"
Legal Description
That portion of Lots 36 and 37, Block 2 as shown on the plat of "Homedale", as recorded in Plat
Book 11, Page 26, and being a portion of the lands described in Official Records Book 1566, Page
924, both being recorded in the Public Records of Lake County, Florida, reserving unto the Grantor
a utility easement for the installation, maintenance and access, over, across and under the East
fifteen (15) feet of the following described property: commence at the point of intersection of the
westerly right of way line of State Road number 25 (US Hwy 27) as shown on the Florida
Department of Transportation right of way map, section number 11200 (SR 25 from SR 50 to
South Grassy Lake Road), dated 12/16/03, with the South right of way line of Montrose Street as
shown on the said plat of "Homedale" and shown on said right of way map; thence run on a bearing
related to Florida State plane coordinates, East zone, N 89°14'48" W along said South right of
way line a distance of 172.82 feet for the point of beginning; thence departing said South right of
way line run S 00°46' 12" W a distance of 137.50 feet to the South line of said Lot 37; thence run
N 89°1448" W along said South line and the South line of said Lot 36 a distance of 25.00 feet;
thence departing said South lines run N 00°46' 12" E a distance of 137.50 feet to the aforesaid
South right of way line; thence run S 89° 14'48" E along said South right of way line a distance of
25.00 feet to the point of beginning. Containing 3437.50 square feet or 0.08 acres more or less
subject to easements, right of ways, and matters of record.
10
089424111972 M29341280