2005-39J , ~ , f
' ~i t ~ '7 c'~t- ~l. ~Z'G~~4~1 Cry
' laid ~~
WASTEWATER SERVICE AND DEVELOPERS AGREEMENT ~~ ~iC ~ iron j ~ ~L-.--
:3~t~1 ~.~- ~a 1~l
This document constitutes an agreement between the CITY OF CLERMONT,
hereby referred to as the CITY, a municipality of the State of Florida, and Colony
Communities, Inc., a Florida Corporation, its successors or assigns, hereby referred to as
OWNER.
WITNESSETH
•
WHEREAS, OWNER is proposing to develop a 162 lot residential subdivision
named Foxchase, which is located on real property (the "Property") described on Exhibit
"A" attached hereto and by this reference made a part hereof; and
WHEREAS, the Property is located in the unincorporated area of Lake County
and the OWNER is requesting sewer service from the CITY; and
WHEREAS, as a condition of CITY providing said sewer service to the Property,
OWNER is to extend sewer lines to serve the Property and lines and appurtenances must
be sized and constructed in accordance with the minimum requirements of CITY Land
Development Regulations and to meet the flow demands for the subdivision; and
WHEREAS, the CITY may at the sole option of the CITY, elect to enlarge or
oversize the sewer lines and appurtenances in order to provide additional capacity to
other properties; and
WHEREAS, as a condition of the provision of sewer service to the Property by
the CITY, OWNER agrees that this Agreement shall constitute an unconditional
application to annex the Property into the City of Clermont, under the terms and
conditions contained herein; and
WHEREAS, OWNER and CITY are entering into this Agreement to set forth the
terms and conditions under which sewer services shall be extended and sized; and
WHEREAS, on December 16, 2002, the OWNER agreed to provide right-of--way
and accommodate stormwater for the South Clermont Connector; and
WHEREAS, the Comprehensive Plan and Zoning of the property allows for 196
units; and
WHEREAS, Lake County approved the Planned Unit Development (PUD) from
Lake County R-1 and R-6 on July 27, 2004 for 162 single-family units to allow the
OWNER to provide the right-of--way and stormwater; and
WHEREAS, on February 23, 2005 based on the PUD, the preliminary plat was
approved by Lake County; and
CFF~ ?Oi4118Sti~1
GATE 11t3~:1f?i~iJ
.lAhfES C:. WATY.INS~
LAKE C:UUFaTY
i~2:57~ifi F'M
GLEF:K. OF C:OU6'T
'r~:EC:D6:GIF~G FEES ~?.ci}
WHEREAS, the property is in the Clermont 180 Utility District for wastewater
. and Lake Utilities service area for water.
NOW THEREFORE, in consideration of the mutual promises and covenants
hereinafter contained, the parties do hereby agree as follows:
Section 1. OFF-SITE SEWER
Each and all of the forgoing premises are incorporated into and constitute a part of
this Agreement.
a. Subject to the terms and conditions stated herein, CITY shall provide
sewer service for the Property.
b. OWNER shall connect to the existing City system at connection point or
points approved by CITY.
c. The route of any off site lines shall be according to engineering plans
produced by OWNER and approved by the CITY.
d. The OWNER shall construct the facilities, lines and appurtenances
necessary to serve the development and provide such documentation
necessary for the CITY to ascertain that the lines shall meet the minimum
. line size requirements as specified by the CITY Land Development
Regulations.
e. In the event the CITY chooses to oversize the lines or appurtenances, the
CITY shall provide to the OWNER the specifications regarding sizes to be
included in the final improvements plans.
f. The OWNER shall be responsible for the construction of all on site and
off site lines and appurtenances to serve the project. OWNER agrees that
except for the model units referred to herein, it will not apply for any
building permits until such time as the property has been annexed into the
City and further that no building permits shall be issued until sewer is
provided to the site or until a bond or letter of credit, acceptable to CITY,
is in place to guarantee completion of off-site improvements. No
Certificate of Occupancy shall be issued until sewer extensions have been
completed and accepted by the CITY.
g. The OWNER shall be responsible for all costs of on site and off site
improvements, including but not limited to design, material, permitting
and installation of sufficient size lines, lift stations and other
appurtenances necessary to allow the CITY to serve the Property.
•
h. The CITY shall be responsible for the difference in cost of materials to
oversize the line if the CITY chooses to oversize based on plans and cost
• estimates provided by OWNER to CITY, and approved in advance by the
CITY.
i. The OWNER shall provide to the CITY a cost estimate for materials for
the minimum size lines and appurtenances and a cost estimate for
materials for the approved oversize. Cost estimates shall be contractors
bid as certified by OWNER'S project engineer. The CITY shall review
and either approve or reject the costs.
j. The OWNER and CITY shall agree on the cost difference, which will be
the responsibility of the CITY, prior to commencement of construction.
k. The OWNER shall be responsible for all costs including design,
permitting, materials and construction of the sewer lines an appurtenances,
both on site and off site, required to serve the Property, with
reimbursement for the difference in costs as determined in Section i. From
the CITY in the form of Impact Fee Credits.
The Impact Fee Credits shall be established subject to Section i. and
Section k., and at the time of issuance of each building permit by applying
the then current impact fee, which shall be deducted from the Impact Fee
Credit balance until credit is used.
•
m. Impact Fee Credits may not be transferred outside of the Property
described on Exhibit "A" but may be assignable to any heirs, assigns or
successors in interest or title to part or all of said Property.
n. The OWNER shall be responsible for all applicable fees including but not
limited to impact fees, connection fees and permitting fees.
Section 2. DEVELOPMENT STANDARDS
a. Land Use
1) The project shall be developed in accordance with the Lake County
Land Development Regulations as per the preliminary plat
approved on February 23, 2005, unless otherwise stipulated in the
Agreement or subsequent amendments to this Agreement.
b. Setbacks
1) The sixty-one foot (61') lots shall meet the following setbacks:
Front 25' Side 7.5' Rear 25' (7.5' Accessory Structure)
•
Side Street 25'
r1
U
2) The eight-one foot (81') lots shall meet the following setbacks:
Front 30' Side 7.5'
Side Street 25'
Rear 25' (7.5' Accessory Structure)
Utility Easement.
The final plat shall include a five foot (5') utility easement along the front of all
lots (i.e. along the internal road right-of--way) for purposes of utility infrastructure and
maintenance.
d. Grading.
All lot grading shall conform to the City of Clermont, Land Development
Regulations, with the exception of the stormwater management areas, which shall be as
permitted with the St. Johns River Water Management District (SJRWMD).
e. Model Homes.
U
The CITY shall allow OWNER to pull building permits for model homes prior to
annexation of the Property.
£ Covenant to Annex.
OWNER agrees that CITY may annex the Property into the City of Clermont if
CITY, in its sole discretion, chooses to do so. In conjunction herewith, OWNER shall
provide to CIY a Notice of Encumbrance to Annex Property in a form substantially in
compliance with the form set forth in Exhibit "C", attached hereto and incorporated
herein. The CITY shall record this Notice in the Public Records of Lake County, Florida
whereupon it is agreed it shall serve as an enforceable encumbrance on the real property
described in Exhibit "A". The Notice of Encumbrance shall be executed by all owners of
the real property described in Exhibit "A" and shall be accompanied, at OWNER'S
expense, by a current certificate of title or opinion letter acceptable to CITY and issued
by a licensed title company or attorney identifying all owners in interest of the real
property. All land transfers by OWNER shall contain a deed restriction or covenant
noting the existence of this encumbrance to annex, such restriction to be recorded as a
covenant to run with the land. The CITY shall not exercise its right to annex the property
until the platting process in completed in Lake County and the final plat has been
recorded in the Public Records of Lake County, Florida.
Section 3. SEVERABILITY
•
In the event that any provision of this agreement shall be held invalid or
unenforceable, the provision shall be deleted from this agreement without affecting in
any respect whatsoever the validity of the remainder of this agreement.
Section 4. NOTICES
All notices, demands, or other writings required to be given or made or sent in
this Agreement, or which may be given or made or sent, by either party to the other, shall
be deemed to have been fully given or made or sent when in writing and addressed as
follows:
CITY
City of Clermont
City Manager
P.O. Box 120219
Clermont, FL 34712-0219
Section S. AMENDMENTS
OWNER
Colony Communities, Inc.
Larry Godwin
1330 Palmetto Avenue
Winter Park, FL 32789
Any amendment to this agreement is not effective unless the amendment is in
writing and signed by all parties.
Section 6. TERMINATION BY CITY
In the event that the Clermont City Council does not finally approve, and/or
funding is not available for, the construction and installation of the proposed South Lake
Connector Wastewater Collection System, the CITY may unilaterally terminate this
Agreement without consequence or risk of any kind.
Section 7. EFFECTIVE DATE
The effective date of this agreement shall be the day of execution of the
agreement required hereunder.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the date listed below. CITY through its City Manager, authorized to
execute same by City Council action, and OWNER throu it's President,
Colony Communities, Inc. DATED this day of ~'~4.f u5 ~
2005.
CITY OF CLERMONT
•
.~
`.,
~• ;
:~- ..
~~ : _t f
Mayor
Approved as to for
orney
•
Witnes es: ~ COLONY
Print Name: ~,~~« U , S Robert . G
It's President
Print Name: -~h.z Swft~ c ~ c
STATE OF FLORIDA
COUNTY OF LAKE
C.
This is to certify that on this ~r~-' day of ~C.~~z--~-- , 2005, Before me,
An officer duly authorized to take acknowledgements in the State and County aforesaid,
personally appeared U (: " , -_.. He/She is personally know
to me o has produced ~' as identification and did or did
not take an Oath.
HOLLY N. WHYE
6~ ' Notary Public -Stale of Florida
• •~My Commissbn ExpFes Mar 6, 2009
=~" `~ ~ Commission # DO 370247
,, tF ~i,~ ,o~•`
Bonded By National Notary A. ~.
~)
Signature Acknowledger
~'~ ~- (r'ti ~ ~;~~
Name~of Acknowledger Typed
My Commission Expires
IUD '37G`~(7
Commission Number
•
CF ha iii+185~?'?
p, J; ii3i+?1 F'9s 1314
DATE : i i.f 3C+12~±+7
,.JAt1E5 +. WATY.IhaSr
LAKE i:OUhaTY
•
-- 13711 f3~95i
+]2~`7:ib F'M
CLEi;'Y~ J]F C:OU6:T
RECORDING FEES 27.1.+1+
Notice of Encumbrance
To Annex to City of Clermont
City of Clermont
City Manager
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, made this day of ~S , 2005, between
Colony Communities, Inc. of the County of Lake State of Flo 'da Grantor, and the CITY
OF CLERMONT, FLORIDA, a municipal corporation, Grantee:
WITNESSETH, NOTICE is given that heretofore or contemporaneously
herewith Grantor has petitioned the Grantee for it to permit voluntary annexation of
Grantor's property below described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and
• other. good and valuable consideration to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below-described
real property situate, lying and being in Lake County, Florida with the absolute
requirement that the subject real property may be, at the sole discretion, and upon request
of Grantee, annexed into the city limits of the City of Clermont at such time that the
annexation of said real properly is in accordance with applicable law; and
GRANTOR, further agrees, on his/hers/heirs/its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and/or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont and
where such ministerial functions consist of simple written request or the renewal of the
petition of which is given above, then this instrument shall be considered such request
and/or renewal. The subject property is described as:
SEE ATTACHED EXHIBIT "A"
GRANTOR, is used for singular or plural, as the context requires.
IN WITNESS THEREOF, GRANTOR has hereunto set Grantor's hand and seal
the day and year first above written.
~ C'I_t~~K'_~~ :~~
--
;.
L I~~~~~~w~ , ~L
•
•
W
COLONY CO
Robert H. Go
It's President
,. ,
Print Name: pr1~ Sw-rc'KC,c.~
Name: ~manc/~, f~. S
STATE OF FLORIDA
COUNTY OF LAKE
INC.
This is to certify that on this ~¢~ day of ~ L%"!- , 2005, Before me,
An officer duly authorized to take acknowledgements in the State and County aforesaid,
personally appeared ~~ t~.,t r -E7~ w-,...- , He/She is oersona~ know,
to me o has produced n r n (/~,o7~r, w~- as identification and did or did
not take an Oath.
Signatu of Awl owledger
U
~ HOILY N. WHYE
_? , `
~,
~+ N NNA~P~~blic -State of Florida
~
' +
: ' : N~
~ffr~is~.sion E~ies Mar 6, 2009
=s ~ ` "'
'9I p Commission # DD 370247
~~' ~ °~~~ `"'~ Bonded By National NofaryAs: i.
Godwin.SewerAGreement.Clermont
~~~w N ~ti~~~~~~
Na ~ of A knc owledger Typed
M Commission Ex fires
Commission Number
~~
~J
EXHIBIT "A"
• Legal Description:
KEY - 1462347
MONTE VISTA PARK FARMS 6-23-26 TRACTS 33, 34-LESS FROM NE
COR OF SE '/4 RUNS 0-31-11 W 15 FT FOR POB, CONT S 0-31-11
W 85 FT, N 89-20-52 W 342.34 FT, N 88-20-25 W 976.34 FT TOWLINE OF TRACT
34, N 0-36-50 E 56.01 FT, S 89-51-41 E 1318.42 FT TO POB FOR RD R/W-PB 2 PG
27
ORB 2701 PG 2142
KEY - 1462355
MONTE VISTA PARK FARMS 6-23-26, TRACTS 47, 48, 49, 50, 40 AC
PB 2 PG 27
ORB 2701 PG 2142
KEY - 1728509
MONTE VISTA PARK FARMS 6-23-26, TRACTS 63, 64 PB 2 PG 27 ORB 2701 PG
2142
•
n
U
lflilll {{1f111{ 1111 { {l1 {111111 {Ii;1131111IMIU 1Illlilt
+ FPI 200415:5103
027U1 P95 2142 — 143s
DATE 11/1 `._
iHt1ES + . hlf�Tt'':.Il r CLERK OF c:CJUt~:i
1..A1.E CDLI Y
p.FC:Of'DIKG3 FEES 18.50
Prepared by and return to DEED DOC 16
• Stephen G. Watts
Attorney at Law
Stephen G. Watts, P.A.
606 Druid Road East
Clearwater, FL 33756
727- 461 -3232
File Number: 04 -106
Will Call No.: 495
[Space Above This Line For Recording Data]
Trustee's Deed
This Trustee's Deed made this 5th day of November, 2004 between Karen Jaffe McGuire as Trustee(s) of the Karen
Jaffe McGuire Trust under Agreement dated December 30, 1991 with full power and authority to protect, conserve
and to sell, lease, encumber or otherwise manage and dispose of the real property whose post office address is PO Box
46348, St. Petersburg, FL 33741, grantor, and Colony Communities, a Florida general partnership whose post office
address is 1330 Palmetto Avenue, Winter Park, FL 32789, grantee:
(Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has
granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate,
• lying and being in Lake County, Florida, to -wit:
TRACTS 33, 34, 47, 48, 49, 50, 63 and 64, LESS that part of Tracts 33 and 34 deeded to Lake County
in Official Records Book 2592, Page 1751, MONTE VISTA PARK FARMS, according to the plat
thereof, recorded in Plat Book 2, Page 27, of the Public Records of Lake County, Florida, in Section
6, Township 23 South, Range 26 East.
Parcel Identifications Number(s):
1323250500- 033 -00000
132325350 -047 -00000
1323250500- 063 -00000
The Grantee, as trustee, has the full power and authority to protect, conserve, sell, convey, lease, encumber,
and to otherwise manage and dispose of said real property pursuant to F.S. 689.071.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons.
In Witness Whereof grantor has hereunto set grantor's hand and seal the day and year first above written.
•
DoubleTimee
.•
•
•
•
Signed, se ed delivered in our presence:
Witnes e: _ ____!~
W' ess Name: ~ x
•~~
Cam/
Karen Jaffe c uu-e, Trustee
State of Florida in her capacity
County of Pinellas as Trustee
The foregoing instrument was acknowledged before me this 29th day of~ct 'er 2004 by Karen Jaffe McGuire,~who [X] is
personally known or L] has produced a driver's license as identification.
i
[Notary Seal] Not lic ~,.••'r'P~, Stephen G. Watts
.~:
P nted Name: `aeti~ =Commission # DDI44519
s- Frnirae. Eno ?{ 9fVfG
~~'~u~ R•~•` Aetantk Bor~dlnp Co., Ine.
My Commission Expires:
Trustee's Deed -Page 2 DoubleTime®
AMERICAN LAND TITLE ASS POLICY NO.
OWNER'S POLICY 10 -17 -92 (Florida Modified)
OWNER'S POLICY OF TITLE INSURANCE OP -9 -1495 -236
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of.
Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory.
Issued by AMERICAN PIONEER TITLE INSURANCE COMPANY
Il e
o � � i�cit �wi
�.
V ^:
Stephen G. Watts, P. A : E SEAL o By. president "y
;s
809 Druid Road " ".
r� , . a ,,,o...: �.
o ° f Clearwater, FL 33756
1 L
f Attest:
Secretary
i e '
- .< '"- +'.. :s�'ii ^ = =� "t� ':",°" -'s• `�.{ne:.Y;. s..vFi:�3� 1_,�'.�'' . i;.:nx...�:
OP -9
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land,
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
ny governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer, or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean
(a) "insured ": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of the public records as
med in this policy or any other records which impart constructive notice of matters
ling the land.
(d) "land ": the land described or referred to in Schedule [A), and improvements
affixed thereto which by law constitute real property. The term "land" does not
include any property beyond the lines of the area described or referred to in Schedule
[A], nor any right, title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument
(f) "public records ": records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without knowledge. With respect to Section 1(a)(iv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any
purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title to the estate
or interest, as insured, and which might cause loss or damage for which the Company
y be liable by virtue of this policy, or (iii) if He to the estate or interest, as
ured, is rejected as unmarketable. If prompt notice shall not be given to the
ompany, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of any insured
under this policy unless the Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest
as insured, but only as to those stated causes of action alleging a defect, lien
or encumbrance or other matter insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the insured
to object for reasonable cause) to represent the insured as to those stated causes
of action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured against
by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary
or desirable to establish the fitie to the estate or interest, as insured, or to prevent
or reduce loss or damage to the insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or
order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or
proceeding, and all appeals therein, and permit the Company to use, at its option,
the name of the insured for this purpose. Whenever requested by the Company,
the insured, at the Company's expense, shall give the Company all reasonable
aid (i) in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion of the, Company may be necessary
or desirable to establish the title to the estate or interest as insured. If the Company
is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
within 90 days after the insured claimant shall ascertain the facts giving rise to
the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage,
the Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such proof of loss or damage.
OWNER'S FORM
• State: FL County: Lake
Schedule A
Agent/Branch #: 1495 * 04 -196
File Number Policy Number Effective Date Effective Time Amount of Policy
6055 *04 -12811 OP -9- 1495 -236 November 19, 2004 02:51:23 P.M. $2,336,600.00
Commitment#: CM -1- 1495 -318 Simultaneous #: Reinsurance #:
1. Name of Insured:
COLONY COMMUNITIES, INC., a Florida general partnership
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
TRACTS 33, 34, 47, 48, 49, 50, 63 and 64, LESS that part of Tracts 33 and 34 deeded to
Lake County in Official Records Book 2592, Page 1751, MONTE VISTA PARK FARMS,
according to the plat thereof, recorded in Plat Book 2, Page 27, of the Public Records of
Lake County, Florida, in Section 6, Township 23 South, Range 26 East.
r1
LJ
Issued By: 1495 *04196
STEPHEN G. WATTS, P.A.
606 DRUID ROAD
CLEARWATER, FL 33756
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are
included along with any added pages incorporated by reference.
OWNER'S FORM
Schedule B
• This policy does not insure against loss or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed
by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. Taxes or special assessments which are not shown as existing liens by the public records.
5. Taxes and assessments for the year 2003 and subsequent years, which are not yet due and
payable.
* * * The following items, as listed above are hereby deleted: NONE * * *
6. Right -of -Way Easement recorded in Official Records Book 274, Page 808, of the Public Records
of Lake County, Florida.(as to Tracts 63 and 64)
7. Reservations to the Trustees of the Internal Improvement Fund of the State of Florida as
contained in that certain instrument recorded in Deed Book 209, Page 546, of the Public Records
of Lake County, Florida. NOTE: Reserving an easement for State Road Right of Way 200 feet
• wide.(as to Tracts 47 and 48)
8. Restrictions, reservations and easements as indicated and/or shown on that certain Plat
recorded in Plat Book 2, Page 27, of the Public Records of Lake County, Florida. ( Plat show's
roads are private roads. )
9. Temporary Non - Exclusive Construction Easement Deed and Perpetual Grading Easement
recorded in Official Records Book 2592, Page 1755, of the Public Records of Lake County,
Florida.
Mote: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are
ncluded along with any added pages incorporated by reference.
Page 2 Policy #: OP -9- 1495 -236 Plant File #: 04 -12811 Order #: 04 -196
Agency or Branch ID #: 1495 Agency or Branch File #: 04 -196 Lender's File #: :1
EN -1
GENERAL ENDORSEMENT
• Endorsement No. l
(Sequential Numbering, i.e. 1,2,3)
which is attached to and made a part of
Owners Policy No. OP -9- 1495 -236
Issued By
AMERICAN PIONEER
TITLE INSURANCE COMPANY
In recognition of the change of name of American Pioneer Title Insurance Company this Policy is hereby amended as follows:
All references made to American Pioneer Title Insurance Company, in the Policy jacket, Policy schedules, and any
endorsements issued thereto, (if any), are hereby amended to read:
Ticor Title Insurance Company of Florida
Except for the above, all matters setforth therein shall remain unchanged.
This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior
endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof.
AMERICAN PIONEER TITLE
COMPANY
By: W. 44A4;
President
Attest:
Secretary
INSURANCEDated 19th Day of November, 2004
Issued By: 1495 * 04 -196
STEPHEN G. WATTS, P.A.
sE�1t ".1-0 LEI jDV / TT � F56
Signatory
Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory.
EN -1 (4/00) General Endorsement
CONDITIONS AND STIPULATIONS -CONTINUED
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Policy, which reasonably pertain to the loss
or damage. Further, if requested by any authorized representative of the Company,
the insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, tx~oks,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of the insured
claimant to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b} To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(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, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
• to Pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability w obligation to defend, prosecute or continue
any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the. insured claimant who has suffered loss or damage
by reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least of
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) (This paragraph dealing wrth Coinsurance was removed from Florida policies.)
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, Tien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the titre as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
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 the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
tt is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a payment under
this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
aft right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogated to and be eniftled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. ff requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation.
The insured claimant shall permft the Company to sue, compromise or settle in
the name of the insured claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy. but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, rf any, lost to the Company by reason of the impairment
by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnfies,
guaranties, other policies of insurance or bonds, notwAhstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION
B. APPORTIONMENT
If the land described in Schedule [A] consists of two or more parcels which
are not used as a single site, and a toss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of Cris policy and shown by an express statement
• or by an endorsement attached to this policy.
(This paragraph was modified ror Florida policies.)
Unless prohibited by applicable law, arbitration pursuant ro the Title Insurance
Arbitration Rules of the American Arbitration Association may be demanded if
agreed ro by both Company and the insured. Arbitrable matters may include,
but are not limited % any controversy or claim between Company and the insured
arising out of or relafing ro this policy, and service of Company in connection
with its issuance or the breach o/ a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand
for arbihation is made or, at the option of the insured, die Rules in effect at Date
r~
~~
•
~ .,,, . • .~_- --.. ~. a .:. •-~ • : ~' • . -,, ._,... ~ .F .. _a. , ~, .:.;~~.,.. ~ _ :.
;~s
.f
~ ~ ~ ~ 4a
~~ ~ U U ~ o
v~i n b ~ ~ J z CV u"
~, C ~ ~ U ~ ~ ~ O ~ ~ j
'y a3 ~ ~ ~ O ""' N
_ ~ az
v `~ ~-+ ~ H ~ ~ ~
~ a ~ ~ ~ U
E~
:e
~.
±r.~ ::-'~^•°p!+'~!w~= ::° . ® :."-~'~--^-~_~. '-^-~. ®: .y,.` _ ~ ~` `' _ _.~. .. _ ' _ _, ~ `,~yy~,w4i., ~ • _ ~.... .-ti ` ~ ..,."t~~•wly:,y~l.:•~ ~ or..
OS013-09Z (L01') :auoyda!al 'LOLZE ep!~o!~ 'luiaq!asse~
'p~enainog ue~owas 1~3 £6b le r(uedwo~ ayi of pessaippe aq !!eys pue
~(o!!od s!41 }o iagwnu ay; apnpw pet's Fuedwo~ ayt pays!wn; aq of pannbe~
6u0.um w iuawatets ~(ue pue r(uedwo~ ay3 uan!6 aq o; pennba~ seo!;ou pt'
1N3S 3H3NM `S3~IlON 'Lt
~oege puE ao~o; pn; u! wewa~ pegs suo!s!nad ~aylo
IIE pue uas!no~d teyl apn!ou! of 1ou pewaep aq pays r(ogod ayt 'mE! a!geopdde
~apun a!geeo~o;uaun io ppenw play s! ~(opod eyl;o uo!s!nad ~(ue;uena ayl ul
AlIll9Vti3A3S '9L
~(uedwo~ ayt;o tio3eu6!s pezuoytne
• ~o ~aoy;o 6u!1ep!!en w 'tiela~oeg iuets!ssy ue 'tiEla~oag ay; Yuap!se~d ao!~
e ';uap!se~d ayl ~ayt!e ~(q pau6!s ols~ey peyoei-e io uoa~ay pes~opue 6unurn e
~(q Jdaoxe spew aq ueo ~togod s!y; of luawas~opua io to ;uawpuawe oN (o)
43f1NIlN0~ - SN01111"
%ogod s!yl 03 pato!ilsaa aq pet's 'w!e!o yons 6u!uasse uo!ge r(ue ~(q ~o
/~ga~ay pa~anoo;saialu! ~o ate;sa ayi of ap!t ayi;o snie;s ayt;o 3no sasue ya!ym
pue 'aoua6g6au uo paseq ;ou ~o ~aylaym 'a6ewep ~o sso! ;o w!e!o /Cut' (q)
~a!oym
e sE pangsuoo aq pet's r(opod s!y; 'r(ogod s!y; ;o uo!s!nwd liue 6uge~d~eiw u!
r(uedwo~ ayl puE pe~nsw ayi uaan~taq toequoo puE l`ogod a~gua ay; s! (`uedwo~
ayi !~q o3a~ay peyoepe 'r(ue }! 's;uawas~opua pe yunn ieyla6o; r(opod s!yl (e)
1~VH1N0~ 3kIIlN3 A~IIOd •AOIIOd SIHl Ol U311WI1 Alill9Vll 'SI
Zsanba~ uodn ~(uedwo~ ay; woq pau!e;qo aq Aew sand ay;;o ~(doo y
sa!na uoyen!q~y aoueinsu~
ap!1 ayi aapun UO!lE~l!gJE ue o3 ~(idde pays pue! ay; ;o snus ayl ;o Me! ayl
7oa~ay~ uogo~psunl6wney pnoo ~(ue u~ palelua aq,few (sJiolegigiy erp dq
pa~apua~ p~eme ay; uodn luaw6pnp >fved 6w;iena~d a of sea{ s~fewove p~eme
01 vnoa a Uw~ad Paleool sr puel ayl yo!ym ui alels ayl {o sme~ ayl Jr ~(luo sae{
,s~(awoue epnhur ~(ew pleme ayyl -sewed ayl uodn 6uipu~q aq tteys ~fogod {o
If1dIlS UNp SNOIlIaNO~