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Resolution No. 2024-020Rc9: CITY OF CLERMONT C d RESOLUTION NO.2024-02OR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE OF A PUBLIC UTILITY EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF ELECTRIC AND TELECOMMUNICATIONS FACILITIES ON REAL PROPERTY LOCATED AT 836 WEST MONTROSE STREET FROM 836 WEST MONTROSE, LLC. FOR $155,000; AUTHORIZING THE MAYOR AND CITY MANAGER TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE THE TRANSACTION AND ACCEPT THE EASEMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, as part of its Montrose Street rehabilitation project, the City caused to be constructed certain electric and telecommunications facilities on real property located at 836 West Montrose Street, hereinafter the "Facilities"; WHEREAS, the Facilities were constructed in a location where the City had maintained similar facilities in the past, however, after a complete review of the property records it was determined that the Facilities existed on private property without an easement in favor of the City; WHEREAS, the Facilities provide essential services and function for the general public and are and will continue to be a necessary and required public service component of the downtown; and WHEREAS, this agreement is entered into by the City in the best interests of the citizens of the City of Clermont and in lieu of the City considering and pursuing an eminent domain action to acquire the necessary interest in the property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Florida, as follows: SECTION 1: The above -stated Recitals are found to be true and correct and are made a part of this Resolution. SECTION 2: The City Council of the City of Clermont, Florida does hereby approve and authorizes the Mayor to enter into the Agreement attached hereto and incorporated herein as Attachment "A" for the purchase and acceptance of a public utility easement on real property located at 836 W. Montrose Street, Clermont, in Lake County from 836 West Montrose, LLC for $155,000.00. The City Council further authorizes the City Manager to perform all acts necessary and appropriate to close on the property, including, but not limited to, executing any and all documents at closing. d`: R ' NT CITY OF CLERMONT C d RESOLUTION NO.2024-02OR SECTION 3: The City Manager is specifically authorized to withhold the formal written agreement and completion of the transaction upon determination of any matter or factor, hereafter coming to his/her attention which may indicate such action is not in the City's best interest, provided that upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City council, in session, for review and direction. SECTION 4: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 5: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 6: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. 6. CLER ' M, CITY OF CLERMONT <<—d« RESOLUTION NO.2024-02OR DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake ,,Florida, this 28th day of May 2024. • f� �� , , t k' e,?,; 2 e' 111 �• ATTEST: Tracy Ackroyd Howe, MMC City Clerk Approved as and Legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, Mayo 06.25.2024 — Resolution re -signed to correct scrivener's error. CC CLERWONT CITY OF CLERMONT �„_ RESOLUTION NO.2024-02OR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING THE AGREEMENT FOR THE PURCHASE OF A PUBLIC UTILITY EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF ELECTRIC AND TELECOMMUNICATIONS FACILITIES ON REAL PROPERTY LOCATED AT 836 WEST MONTROSE STREET FROM 836 WEST MONTROSE, LLC. FOR $155,500; AUTHORIZING THE MAYOR AND CITY MANAGER TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO CLOSE THE TRANSACTION AND ACCEPT THE EASEMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, as part of its Montrose Street rehabilitation project, the City caused to be constructed certain electric and telecommunications facilities on real property located at 836 West Montrose Street, hereinafter the "Facilities"; WHEREAS, the Facilities were constructed in a location where the City had maintained similar facilities in the past, however, after a complete review of the property records it was determined that the Facilities existed on private property without an easement in favor of the City; WHEREAS, the Facilities provide essential services and function for the general public and are and will continue to be a necessary and required public service component of the downtown; and WHEREAS, this agreement is entered into by the City in the best interests of the citizens of the City of Clermont and in lieu of the City considering and pursuing an eminent domain action to acquire the necessary interest in the property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Florida, as follows: SECTION 1: The above -stated Recitals are found to be true and correct and are made a part of this Resolution. SECTION 2: The City Council of the City of Clermont, Florida does hereby approve and authorizes the Mayor to enter into the Agreement attached hereto and incorporated herein as Attachment "A" for the purchase and acceptance of a public utility easement on real property located at 836 W. Montrose Street, Clermont, in Lake County from 836 West Montrose, LLC for $155,500.00. The City Council further authorizes the City Manager to perform all acts necessary and appropriate to close on the property, including, but not limited to, executing any and all documents at closing. d= CLERMOIT CITY OF CLERMONT RESOLUTION NO.2024-02OR SECTION 3: The City Manager is specifically authorized to withhold the formal written agreement and completion of the transaction upon determination of any matter or factor, hereafter coming to his/her attention which may indicate such action is not in the City's best interest, provided that upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City council, in session, for review and direction. SECTION 4: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 5: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 6: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. d= CLERMONT CITY OF CLERMONT -;� RESOLUTION NO.2024-02OR DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 28th day of May 2024. CITY OF CLERMONT Tim Murry, Mayor ATTEST: Tracy Ackr d Howe, MMC City Clerk Approved as to Form and Legality: Daniel F. Mantzaris, City Attorney PURCHASE AND SALE AGREEMENT Seller(s): 836 W. Montrose. LI.0 500 Wild Rose Ct, Raliegh. NC 27615 Buyer: City of Clermont 685 W. Montrose Street Clermont. FL. 34711 In consideration of the following Promises and obligations, and for other good and valuable consideration, the receipt and sull icicncy of which is hercby acknowledged. Buyer and Seller (as identified above) hereby agnec that Seller shall sell and Bun•er shall buy the following described property as a transfer in satisfaction of condemnation rights pursuant to the following terns and conditions: I_ Description of Property Pennttncnt public utility easement as more particularly described in Exhibit ,A" attached hereto and inc:orporuted herein (hereinafter referred to as the "L•'ase ment Area-) and located upon and across that certain property owntd by Buyer in fee simple and located at 836 Monrose Street, Clermont. Florida (hereinafter referred to as the "Parent Partial"). 11. PURCHASE PRICE - ACQUISITION COST (a) Properly Interest: $ l 50.000,000 (b) Attorney Fccs S 5.500.00 I otal Purchase Prier also known as Acquisition Cost Ill. "Terms, Conditions and limitations $155,500.00 (a) Seller represents turd warrants that Seller owns fee simple title to the Parent Parcel and has the full poorer. right and authorit,,.. and is duly authorized, to enter in this Purchase and Sale Agmement (hereinalter refcrred to as "Agreement"). and to perform each and all of the matters and acts herein provided. and to execute and deliver all documents required to transfer the ! aserncnt providcd hereunder. Seller shall maintain the I :aserneni And described in Section 1 of this Agroctnent until the day ofclosing in the same condition existing on the date of this Agreement except I -or reasonable %% car and tear. (b) Buyer in its sole discretion shall select a closing agent or closing attorney to conduct closing which shall take place at a location in Lake County, or by mail or other rncrurs of electronic transfer and al such time as mutually agreed upon between Buyer and Seller on the date specified in Section IN' . -xM* v eft unless such date is extended by Buyer and Seller. Buyer and Seller shall execute all documents required by the closing agent or closing attorney conducting the closing. Seller agrees that the Property described in Section ll of this agreement shall be convcycd to Buyer by conveyance instrument(s) as set forth in L••..xhibit''A". The Effective Date of this Purchase and Sala Agreement shall be the date upon which this Agreement is last signed by Seller and Buyer. It is expressly agreed by Seller and Buyer that time is of the- essence of this Agreement and in the performance of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied by the parties hereto. Waiver of performan a or satisfaction of timely performance or satisfactiom of any condition, covenant, requirement. obligation or warranty by one party shall not be deemed to he a waiver of the performance or satisfaction of aky other condition. covenant, requirement, obligation or warranty unless specifically consented to in writing. Unless otherwise expressly provided herein, all periods for perrformancc, approval, delivery or review and the like shall be determined on a calendar day basis. If* tut), day for performance, approval. delivery or review shall tall cm a Saturday, Sunday or legal holiday, the time therefore, shall be extended to the next business day. (c) Seller warrants and represents it has not entered into any other contracts. agreements, understanding (oral or written) or commitment.% of any kind to any third pare}_ including but not limited to, any governmental unit or agency. utility company. authority, school board, church or other religious body, or to any other organization, group or indi%-idual relating to the Parent Parcel or Easement Area which would impose any obligation.-, upon Buyer or impact the F,ascmcnt rights to he transfers d hereunder. All matters set forth htTem- in this paragraph shall survive closing. (d) The Seller and Buyer acknowledge that this Agreement is entered into under the threat of condemnation as part of the Buyer's downtown rehabilitation project and the sale of the casement rights hereunder will be completed under the threat of condemnation In the event that the Seller did not voluntarily enter into this Agreement then Buyer would have been required to file a condemnation action to obtain the interest grunted herein. (e) Buyer agrees and acknowledges that the Parent Parcel qualifies for eligibility for relief under Section 101.329 of the Clermont Land De,-elo pment Code. The terms and conditions of this Subs"tion IH(c) shall expressly survive; the closing and not merge therein. (f) In the event it shall be necessam for either party to the Agreement to bring suit to enforce any provision hereof the prevailing party in any such litigation, including any 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 till reasonable attorneys' fee as fixed by the Coun. - (g) Any notice or other communication permitted or required to be given hereunder by one parry to the other shall he in writing, shall be effective upon receipt and shall be delivered by registered or certi f led United States :Nail. lxmiage pre. -paid, return receipt requested or by facsimile or telec:opy transmission, with acknowledgment of receipt upon transmission (provided that if notice is sent by facsimile or telecopy transmission, it must also be sent by one of the other methods of delivery specified herein), to the party entitled or required to receive the same, as follows: TO SELLER: 836 W. MOntrose. LLC i00 Wild Rose Cl. Ralicgh, NC 27615 Attention: Mark D. Manning NVITI I A REQUIRED COPYTO: O: TO BUYER: Bowen & Schroth. PA 600 Jennings Ave I 'Wtis. FL 32726 Attention: 7-achary Broome Tc1cphonc: 352-589-1414 hacsimile: 352-5 89-1726 City of Clermont 685 W. Montrose St. Clermont- Ff. . 34711 Attention: Cite Manager l elephonc 352-241-7359 Facsimile 352-394-4087 Rrlf"I'1l A Kl QUIR.F.D del3c.aubien. Simmons. Knight Manttraris and Neal, LLP COPY TO: P.U. Box 87.332 N. Magnolia Avenue (')28t11) Orlando. FL 32802 Attention: Daniel F_ Mantzaris Telephone 407-422-2454 Facsimile 407-992-3541 (g) "I leis Agreement and the interpretation and enforcement of the same shall be go%ernml by and construed in accordance with the laws of the. State of Florida and shall be binding upon, inurc to the benefit of, and bo: enforceable by the parties hereto as well as their rc;spectivc heirs. pemmal repruscniati<.c,-, successors and,'or assigns. Seller and Bu) cr acknowledge each to the other that hoth they and any respective counsel chosen by either parry ha%c reviewed this Agreement and that the normal rule of construction to the eilim that any ambiguities arc to be resolved against the drafting party shall not he employed in the interpretation of this Agreement (h) This Agreement may be executed in counterparts by the panics hereto and each shall be considered an original, but all such counterparts shall >x. construed together and constitute one Agreement bct%k-ecn the parties hereto. 0) Seller and Buyer agree that this Agreement represents the complete and entire understanding and the full and final Agreement for the herein described sale and purchase and no agreements or rc-presentation, unless incorporated into this Agreement. shall he hinding on the parties. 'Ibis Agreement may not he modified or amended nor ma) any covenant. agreement. condition. requirement. provision, warranty or obligation contained herein be waived, except in writing signed by both panics. 3 Q) IN THE EVENT THERE ARE ANN" IIANDWRITTEN MODIFICATIONS, NOTATIONS OR INTERI.INEATIONS TO THIS AGREEMENT THAT ARE .NOT SIGNED AND INITLXLED SMULTANEOUSLY BV BUYER AND SELLER, THEN THIS DOCUMENT SHALL BE C'O\SIDEREU TO BEAN OFFER BY SELLER TO BUYER. IN V1'IIIC11 EVENT THIS OFFER SHALL EXPIRE AT 5:00 P.NL EASTERN DAYLIGHT SAVINGS TIME ON 51IE DATE WHICH IS THIRTY (30) DAYS AFTER THE DATE SELLER HAS SIGNED THIS AGREEMENT UNLESS A COUNTERPART OF THIS AGREEMENT SIGNED BY BUYER IS RECEIVED BY SELLER PRIOR TO THAT TLVIE ANT) DATE. M SELLER AND BUYER AGREE AND UNDERSTAND THAT THIS AGREEMENT AND ANV AND ALL OF BITVJER'S OBLIGATION'S SET FORTH HEREIN ARE EXPRESSLY CON71NGE:YT UPON APPROVAL AND ACCEPTANCE OF THIS AGREEMENT BV THE CITY COUNCIL OF THE CITY OFCLFRNIONT. IN TIIE EVENT I'l1A'f THIti AGREEMENT IS NO'r APPROVED AND A('CF;1'I'I:U BV CTIA" C'OI:NC'IL THF,N THIS AGREE'.1 ENT VV'II.1. BE NULL AND VOID AND BOTH PARTIES SHALL BE RELIEVED FROM ANY AND ALL OBLIGATIONS SF� 1' FORTH HEREIN. (1) The Seller and Buyer acknowledge that this Agreement is entered into under the threat of con&mmadon as part of the Seller s downtown rehabilitation project and the sale of the property interest will be completed under the thrust of condtmtsatiom In the e%ent that the Seller did not Voluntarily enter into this Agr eetnmt then Buyer wcvuld have tiled a condemnation action. The execution of the permanent public utility easement constitutes a transfer in satisfaction of condemnation pursuant to Section 10 1 -329 of the Clermont Code. IV Closing Date Fhe closing will occur on or before June 25. 2024. V. Typewritten or Handwritten ProNltions Any typewritten or handwritten provisions inscrted into or attached to this Agreement as addenda must he initialed by both Buyer and Seller. V1. Acknowledgement of Signaturm Seller and Buyer hereby ackno" ledge and agree that their signatures as Seller and Buyer below constitute their acceptance of this Agreement as a binding real estate contract. Sellers) Buyer 836 k%AV.qnTm�,te-LLC City of Clermont Mark [)_ Man g, _ tanager Tim Murry, Mayor Date: ( l / A v? _ gate: 1'51 o INSTRUMENT#: 2024086776 OR BK 6371 PG 61 PAGES: 3 7/24/2024 10:09:14 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $27.00 DEED DOC:$0.70 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT EXCLUSIVE UTILITY EASEMENT THIS EASEMENT made 2- �n Q.2024 between 836 W. Montrose, LLC, whose address is 500 Wild Rose Ct, Raleigh, NC, 27615 whose interest is fee simple of the property located in For recording use ony Lake County, Florida, herein referred to as GRANTOR, and the CITY OF CLERMONT, a Florida Municipal Corporation, Post Office Drawer 120219, Clermont, Florida, herein referred to as GRANTEE, GRANTOR is the fee simple owner of the following described lands in Lake County, Florida,: The East 50 feet of the South 100 feet of the following described property: Starting 200 feet East from the Southwest corner of Block 92. of the Official Map of THE CITY of CLERMONT, Florida, thence East with the North line of Montrose Street 100 feet to a stake; thence North 150 feet to the center line of said Block 92: thence West with said center line 100 feet to a stake, thence South 150 feet to the said North line of Montrose Street, the place of beginning, comprising 100 by 150 feet, as shown on the Official Map of THE CITY of CLERMONT. Lake County, Florida, a copy of which map is of record in the Office of the Clerk of the Circuit Court of said County, in Plat Book 8, Page 17, Public Records of Lake County, Florida ("Grantor's Property") GRANTOR, in consideration of TEN DOLLARS ($10.00), and other valuable consideration to GRANTOR paid by GRANTEES, receipt of which is acknowledged, does hereby grant an non-exclusive EASEMENT IN GROSS to GRANTEE forever, to have and to hold for all public uses traditionally made of a NOW EXCLUSIVE UTILITY EASEMENT for installation of an electric and telecommunications utility systems and the right of ingress and egress to construct, maintain, repair and replace facilities necessary over, under, above and through the following portion of Grantor's Property in Lake County, Florida, as depicted in the property sketch set forth in Exhibit "A" attached hereto and incorporated herein and more particularly described as follows: A PORTION OF LAND LYING WITHIN THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY BEING IN BLOCK 92, OF THE OFFICIAL MAP OF THE CITY OF CLERMONT, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 21.50 FEET OF THE WEST 11.30 FEET OF THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. CONTAINING 243 SQUARE FEET, MORE OR LESS ("Easement Property") GRANTEE agrees that if GRANTEE disturbs GRANTOR's Property, GRANTEE will immediately return the disturbed property to its condition prior to disruption, at GRANTEE's sole cost. Grantee agrees that the electric control panel shall, unless otherwise agreed to by the partes, be limited to the dimensions as set forth in Exhibit "A" and no other above ground improvements will be placed in the Easement Property. Grantee shall not use, and shall not allow the use of, the Easement Property for any other use, other than for the purpose of constructing, reconstructing, operating, maintaining, inspecting, altering, connecting to, expanding, improving, repairing, and removing the electric and telecommunications utility systems(collectively referred to herein as the "Facilities"), over, upon, under, or across the Easement Property. Grantee shall not use the Easement Property for any unlawful purpose, shall not use the Easement Property in any way which will constitute a nuisance, shall not damage or cause waste to the Easement Property or Grantor's Property in any way, and shall not obligate Grantor in any way. 1 OF 3 INSTRUMENT# 2024086776 OR BOOK 6371/PAGE 62 PAGE 2 of 3 F".`i!21T "A TO PURCHASE AND SALF, AGREEMENT Grantee and its employees, agents, representatives, licensees, and invitees shall use the Easement Property at their own risk. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims arising out of, or related to, the use of the Easement Property by Grantee and its employees, agents, representatives, licensees, and invitees including claims for personal injury or property damages except for any claim arising solely out of, or related to, an intentional or negligent act of Grantor. Grantee hereby waives any right of recovery Grantee may have against Grantor for any damages resulting from bodily injury or property damage to Grantee arising from Grantee's use of the Easement Property. Provided, however, that the indemnification and hold harmless provision contained herein, shall not act as or be construed as a waiver of any sovereign immunity Grantee may enjoy as a matter of law. Grantee shall not construct any improvements other than the Facilities or otherwise alter the Easement Property in any way, except for those actions necessary to maintain the Easement Property, without first receiving prior written consent from Grantor, or Grantor's successors or assigns. Grantee shall, at Grantee's sole expense, maintain the Easement Property in a similar condition as existed on the date this instrument is fully executed and maintain any improvements constructed thereon by Grantee. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims, including, without limitation, fires, penalties, costs, and expenses, and reasonable attorney fees of whatever kind or nature, arising from damages sustained, suffered or incurred by any third party as a result of Grantee's maintenance of, or failure to maintain, the Easement Property. GRANTEE shall not improve or modify the Easement except ap necessary for the intended use of the Easement for a public electric and telecommunications utility system. To the extent GRANTEE improves the Easement as provided herein, GRANTEE shall be responsible and liable for repairing and maintaining such utility line improvements on the Easement. GRANTEE acknowledges and agrees that GRANTEE's use of the easement area except as to the rights granted hereunder, shall not unreasonably interfere or impede GRANTOR's use and the future development or redevelopment of GRANTOR's property referenced above. Reserving to the GRANTOR all rights not inconsistent with said easement, including reversion upon release. The Easement shall automatically terminate and be extinguished without further action or notice to the parties if Grantee (i) abandons or ceases to use the Facilities for a period of no less than eighteen (18) consecutive months, or (n) removes the Facilities from the Easement Property. The Easement may otherwise be terminated by recording a written agreement signed by the Parties, or their respective successors or assigns, in the public records of Lake County. Florida. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the day and year first above written. signed, sealed and delivered in the presence of: Mtn ss) (Print Name) H�C 21Yh+.wtNc�s\ 1�51 G}G\aeh (Prinn� Fly, i ota OS� By- 7 836 ntrose. LLG Mark D. Manning, Manager 2OF3 INSTRUMENT# 2024086776 OR BOOK 6371/PAGE 63 PAGE 3 of 3 AH1BIT "A TO PURCHASE AND SALE AGREEMENT STATE OF tJ D RTr+ 12D U ►JA COUNTY OF 1AIAKr— The foregoing instrument w knowledged before me, by means of 19 physical presence or ❑ online notarization, this -31 day of , 2024, by Mark D. Manning, as Manager of 836 W. Montrose, LLC on behalf of the company, wllo is personally known to me or has pro I�i�=�= as identification..\�\�•���,,, A:,., K�<e ��, (Si tore of Notary P<bi = l i Att BY the City of Clermont by action of the City Council at its meettng of: ,, ,f. City Clerk, Howe r—� '�•, Cou( •• City Manager, Brian Bulthuis Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return ,o a Public Official: City Manager, City of Clermont, 665 W. Montrose Street; Clermont, Florida 34711 3OF. EXHIBIT "A TO PURCHASE. AND SALE AGREEMENT EXCLUSIVE UTILITY EASEMENT THIS EASEMENT made 2. T" Q.2024 between 836 W. Montrose, LLC, whose address is 500 Wild Rose Ct, Raleigh, NC, 27615 whose interest is fee simple of the property located in For recording use only Lake County, Florida, herein referred to as GRANTOR, and the CITY OF CLERMONT, a Florida Municipal Corporation, Post Office Drawer 120219, Clermont, Florida, herein referred to as GRANTEE; GRANTOR is the fee simple owner of the following described lands in Lake County, Florida,: The East 50 feet of the South 100 feet of the following described property: Starting 200 feet East from the Southwest corner of Block 92. of the Official Map of THE CITY of CLERMONT, Florida, thence East with the North line of Montrose Street 100 feet to a stake; thence North 150 feet to the center line of said Block 92: thence West with said center line 100 feet to a stake; thence South 150 feet to the said North line of Montrose Street, the place of beginning, comprising 100 by 150 feet, as shown on the Official Map of THE CITY of CLERMONT. Lake County, Florida, a copy of which map is of record in the Office of the Clerk of the Circuit Court of said County, in Plat Book 8, Page 17, Public Records of Lake County, Florida. ("Grantor's Property") GRANTOR, in consideration of TEN DOLLARS ($10.00), and other valuable consideration to GRANTOR paid by GRANTEES, receipt of which is acknowledged, does hereby grant an non-exclusive EASEMENT IN GROSS to GRANTEE forever, to have and to hold for all public uses traditionally made of a NON- EXCLUSIVE UTILITY EASEMENT for installation of an electric and telecommunications utility systems and the right of ingress and egress to construct, maintain, repair and replace facilities necessary over, under, above and through the following portion of Grantor's Property in Lake County, Florida, as depicted in the property sketch set forth in Exhibit "A" attached hereto and incorporated herein and more particularly described as follows: A PORTION OF LAND LYING WITHIN THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY BEING IN BLOCK 92, OF THE OFFICIAL MAP OF THE CITY OF CLERMONT, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 21.50 FEET OF THE WEST 11.30 FEET OF THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. CONTAINING 243 SQUARE FEET, MORE OR LESS ("Easement Property") GRANTEE agrees that if GRANTEE disturbs GRANTOR's Property, GRANTEE will immediately return the disturbed property to its condition prior to disruption, at GRANTEE's sole cost. Grantee agrees that the electric control panel shall, unless otherwise agreed to by the partes, be limited to the dimensions as set forth in Exhibit "A" and no other above ground improvements will be placed in the Easement Property. Grantee shall not use, and shall not allow the use of, the Easement Property for any other use, other than for the purpose of constructing, reconstructing, operating, maintaining, inspecting, altering, connecting to, expanding, improving, repairing, and removing the electric and telecommunications utility systems(collectively referred to herein as the "Facilities"), over, upon, under, or across the Easement Property. Grantee shall not use the Easement Property for any unlawful purpose, shall not use the Easement Property in any way which will constitute a nuisance, shall not damage or cause waste to the Easement Property or Grantor's Property in any way, and shall not obligate Grantor in any way. 1 OF 3 EXH!B!T "A TO PURCHASE AND SALE AGREEMENT Grantee and its employees, agents, representatives, licensees, and invitees shall use the Easement Property at their own risk. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims arising out of, or related to, the use of the Easement Property by Grantee and its employees, agents, representatives, licensees, and invitees including claims for personal injury or property damages except for any claim arising solely out of, or related to, an intentional or negligent act of Grantor. Grantee hereby waives any right of recovery Grantee may have against Grantor for any damages resulting from bodily injury or property damage to Grantee arising from Grantee's use of the Easement Property. Provided, however, that the indemnification and hold harmless provision contained herein, shall not act as or be construed as a waiver of any sovereign immunity Grantee may enjoy as a matter of law. Grantee shall not construct any improvements other than the Facilities or otherwise alter the Easement Property in any way, except for those actions necessary to maintain the Easement Property, without first receiving prior written consent from Grantor, or Grantor's successors or assigns. Grantee shall, at Grantee's sole expense, maintain the Easement Property in a similar condition as existed on the date this instrument is fully executed and maintain any improvements constructed thereon by Grantee. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims, including, without limitation, fines, penalties, costs, and expenses, and reasonable attorney fees of whatever kind or nature, arising from damages sustained, suffered or incurred by any third party as a result of Grantee's maintenance of, or failure to maintain, the Easement Property. GRANTEE shall not improve or modify the Easement except ap necessary for the intended use of the Easement for a public electric and telecommunications utility system. To the extent GRANTEE improves the Easement as provided herein, GRANTEE shall be responsible and liable for repairing and maintaining such utility line improvements on the Easement. GRANTEE acknowledges and agrees that GRANTEE's use of the easement area except as to the rights granted hereunder, shall not unreasonably interfere or impede GRANTOR's use and the future development or redevelopment of GRANTOR's property referenced above. Reserving to the GRANTOR all rights not inconsistent with said easement, including reversion upon release. The Easement shall automatically terminate and be extinguished without further action or notice to the parties if Grantee (i) abandons or ceases to use the Facilities for a period of no less than eighteen (18) consecutive months, or (ii) removes the Facilities from the Easement Property. The Easement may otherwise be terminated by recording a written agreement signed by the Parties, or their respective successors or assigns, in the public records of Lake County. Florida. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the day and year first above written. signed, sealed and delivered in the presence of: (ss) W�}�4 (Print Name etYh dSOr1 M6► G1�G rk AVen Nc� B - C/ Y 120ntrose, LLC Mark D. Manning, Manager 2OF3 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT STATE OF N D RT14 0A RD U n64 COUNTY OF �A /,4J<E The foregoing instrument was knowledged before me, by means of 9physical presence or ❑ online notarization, this 1-1 day of -tM 12024, by Mark D. Manning, as Manager of 836 W. Montrose, LLC on behalf of the company, who is personally known to me or has pro����1�� as identification.. / •.••`����'A. Kj���'�., (Si Ire of Notary P b BY the City of Clermont by action of the City Council at its meeting of: City Manager, Brian Bulthuis 1TTE City Clerk, Trac)?'Ackrovd Howe <B TA R� � .OUN. Cy,�•••a Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return ;o a Public Official: City Manager, City of Clermont, 685 W. Montrose Street; Clermont, Florida 34711 3^=, INSTRUMENT#: 2024086776 OR BK 6371 PG 61 PAGES: 3 7/24/2024 10:09:14 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $27.00 DEED DOC:$0.70 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT EXCLUSIVE UTILITY EASEMENT THIS EASEMENT made 2024 between 836 W. Montrose, LLC, whose address is 500 Wild Rose Ct, Raleigh, NC, 27615 whose interest is fee simple of the property located in For recording use only Lake County, Florida, herein referred to as GRANTOR, and the CITY OF CLERMONT, a Florida Municipal Corporation, Post Office Drawer 120219, Clermont, Florida, herein referred to as GRANTEE, - GRANTOR is the fee simple owner of the following described lands in Lake County, Florida,: The East 50 feet of the South 100 feet of the following described property: Starting 200 feet East from the Southwest corner of Block 92. of the Official Map of THE CITY of CLERMONT, Florida, thence East with the North line of Montrose Street 100 feet to a stake; thence North 150 feet to the center line of said Block 92: thence West with said center line 100 feet to a stake; thence South 150 feet to the said North line of Montrose Street, the place of beginning, comprising 100 by 150 feet, as shown on the Official Map of THE CITY of CLERMONT. Lake County, Florida, a copy of which map is of record in the Office of the Clerk of the Circuit Court of said County, in Plat Book 8, Page 17, Public Records of Lake County, Florida. ("Grantor's Property") GRANTOR, in consideration of TEN DOLLARS ($10.00), and other valuable consideration to GRANTOR paid by GRANTEES, receipt of which is acknowledged, does hereby grant an non-exclusive EASEMENT IN GROSS to GRANTEE forever, to have and to hold for all public uses traditionally made of a NOW EXCLUSIVE UTILITY EASEMENT for installation of an electric and telecommunications utility systems and the right of ingress and egress to construct, maintain, repair and replace facilities necessary over, under, above and through the following portion of Grantor's Property in Lake County, Florida, as depicted in the property sketch set forth in Exhibit "A" attached hereto and incorporated herein and more particularly described as follows: A PORTION OF LAND LYING WITHIN THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY BEING IN BLOCK 92, OF THE OFFICIAL MAP OF THE CITY OF CLERMONT, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 21.50 FEET OF THE WEST 11.30 FEET OF THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. CONTAINING 243 SQUARE FEET, MORE OR LESS ("Easement Property") GRANTEE agrees that if GRANTEE disturbs GRANTOR's Property, GRANTEE will immediately return the disturbed property to its condition prior to disruption, at GRANTEE's sole cost. Grantee agrees that the electric control panel shall, unless otherwise agreed to by the partes, be limited to the dimensions as set forth in Exhibit "A" and no other above ground improvements will be placed in the Easement Property. Grantee shall not use, and shall not allow the use of, the Easement Property for any other use, other than for the purpose of constructing, reconstructing, operating, maintaining, inspecting, altering, connecting to, expanding, improving, repairing, and removing the electric and telecommunications utility systems(collectively referred to herein as the "Facilities"), over, upon, under, or across the Easement Property. Grantee shall not use the Easement Property for any unlawful purpose, shall not use the Easement Property in any way which will constitute a nuisance, shall not damage or cause waste to the Easement Property or Grantor's Property in any way, and shall not obligate Grantor in any way. 1 OF 3 INSTRUMENT# 2024086776 OR BOOK 6371/PAGE 62 PAGE 2 of 3 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT Grantee and its employees, agents, representatives, licensees, and invitees shall use the Easement Property at their own risk. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims arising out of, or related to, the use of the Easement Property by Grantee and its employees, agents, representatives, licensees, and invitees including claims for personal injury or property damages except for any claim arising solely out of, or related to, an intentional or negligent act of Grantor. Grantee hereby waives any right of recovery Grantee may have against Grantor for any damages resulting from bodily injury or property damage to Grantee arising from Grantee's use of the Easement Property. Provided, however, that the indemnification and hold harmless provision contained herein, shall not act as or be construed as a waiver of any sovereign immunity Grantee may enjoy as a matter of law. Grantee shall not construct any improvements other than the Facilities or otherwise alter the Easement Property in any way, except for those actions necessary to maintain the Easement Property, without first receiving prior written consent from Grantor, or Grantor's successors or assigns. Grantee shall, at Grantee's sole expense, maintain the Easement Property in a similar condition as existed on the date this instrument is fully executed and maintain any improvements constructed thereon by Grantee. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims, including, without limitation, fines, penalties, costs, and expenses, and reasonable attorney fees of whatever kind or nature, arising from damages sustained, suffered or incurred by any third party as a result of Grantee's maintenance of, or failure to maintain, the Easement Property. GRANTEE shall not improve or modify the Easement except ap necessary for the intended use of the Easement for a public electric and telecommunications utility system. To the extent GRANTEE improves the Easement as provided herein, GRANTEE shall be responsible and liable for repairing and maintaining such utility line improvements on the Easement. GRANTEE acknowledges and agrees that GRANTEE's use of the easement area except as to the rights granted hereunder, shall not unreasonably interfere or impede GRANTOR's use and the future development or redevelopment of GRANTOR's property referenced above. Reserving to the GRANTOR all rights not inconsistent with said easement, including reversion upon release. The Easement shall automatically terminate and be extinguished without further action or notice to the parties if Grantee (i) abandons or ceases to use the Facilities for a period of no less than eighteen (18) consecutive months, or (ii) removes the Facilities from the Easement Property. The Easement may otherwise be terminated by recording a written agreement signed by the Parties, or their respective successors or assigns, in the public records of Lake County. Florida. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the day and year first above written. signed, sealed and delivered in the presence of: (Witn ss) 1 quda1M (Print Name)CA�(ACNV\_kkAd` UN 061 G1GrV- AVehut I eel NC „ �1a 22J205 (Print 4Nn) d # By./r 836 . 6ntrose, LLC Mark D. Manning, Manager 2OF3 INSTRUMENT# 2024086776 OR BOOK 6371/PAGE 63 PAGE 3 of 3 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT STATE OF T 14 COUNTY OF Al The foregoing instrument was cknowledged before me, by means of ® physical presence or ❑ online notarization_ this 1 day of , 2024, by Mark D. Manning, as Manager of 836 W. Montrose, LLC on behalf of the company, who is personally known to me or has pro as identification..---�.�..._. ......... ....... _ ''41�aa (Si�'tureofNo P bTAoy�t�' P'e+� 100 �G ' G BY the City of Clermont by action of the City Council at its meeting of: y %' $ �" Cou City Manager, Brian Bulthuis IT-IT'.S 1: City Clerk, Tract/ Acrod Howe Pursuant to Section 695.26 (3) (0, this instrument exempt from Chapter 695, F.S.: Prepared by and return :o a Public Official: City Manager, City of Clermont, 685 W. Montrose Street; Clermont, Florida 34711 3C-, EXHIBIT "A TO PURCHASE AND SALE AGREEMENT EXCLUSIVE UTILITY EASEMENT THIS EASEMENT made , 2024 between 836 W. Montrose, LLC, whose address is 500 Wild Rose Ct, Raleigh, NC, 27615 whose interest is fee simple of the property located in For recording use only Lake County, Florida, herein referred to as GRANTOR, and the CITY OF CLERMONT, a Florida Municipal Corporation, Post Office Drawer 120219, Clermont, Florida, herein referred to as GRANTEE; GRANTOR is the fee simple owner of the following described lands in Lake County, Florida,: The East 50 feet of the South 100 feet of the following described property: Starting 200 feet East from the Southwest corner of Block 92. of the Official Map of THE CITY of CLERMONT, Florida, thence East with the North line of Montrose Street 100 feet to a stake; thence North 150 feet to the center line of said Block 92: thence West with said center line 100 feet to a stake; thence South 150 feet to the said North line of Montrose Street, the place of beginning, comprising 100 by 150 feet, as shown on the Official Map of THE CITY of CLERMONT. Lake County, Florida, a copy of which map is of record in the Office of the Clerk of the Circuit Court of said County, in Plat Book 8, Page 17, Public Records of Lake County, Florida. ("Grantor's Property") GRANTOR, in consideration of TEN DOLLARS ($10.00), and other valuable consideration to GRANTOR paid by GRANTEES, receipt of which is acknowledged, does hereby grant an non-exclusive EASEMENT IN GROSS to GRANTEE forever, to have and to hold for all public uses traditionally made of a NOW EXCLUSIVE UTILITY EASEMENT for installation of an electric and telecommunications utility systems and the right of ingress and egress to construct, maintain, repair and replace facilities necessary over, under, above and through the following portion of Grantor's Property in Lake County, Florida, as depicted in the property sketch set forth in Exhibit "A" attached hereto and incorporated herein and more particularly described as follows: A PORTION OF LAND LYING WITHIN THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PROPERTY BEING IN BLOCK 92, OF THE OFFICIAL MAP OF THE CITY OF CLERMONT, FLORIDA, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 21.50 FEET OF THE WEST 11.30 FEET OF THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 5358, PAGE 1539, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. CONTAINING 243 SQUARE FEET, MORE OR LESS. ("Easement Property") GRANTEE agrees that if GRANTEE disturbs GRANTOR's Property, GRANTEE will immediately return the disturbed property to its condition prior to disruption, at GRANTEE's sole cost. Grantee agrees that the electric control panel shall, unless otherwise agreed to by the partes, be limited to the dimensions as set forth in Exhibit "A" and no other above ground improvements will be placed in the Easement Property. Grantee shall not use, and shall not allow the use of, the Easement Property for any other use, other than for the purpose of constructing, reconstructing, operating, maintaining, inspecting, altering, connecting to, expanding, improving, repairing, and removing the electric and telecommunications utility systems(collectively referred to herein as the "Facilities"), over, upon, under, or across the Easement Property. Grantee shall not use the Easement Property for any unlawful purpose, shall not use the Easement Property in any way which will constitute a nuisance, shall not damage or cause waste to the Easement Property or Grantor's Property in any way, and shall not obligate Grantor in any way. 1 OF 3 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT Grantee and its employees, agents, representatives, licensees, and invitees shall use the Easement Property at their own risk. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims arising out of, or related to, the use of the Easement Property by Grantee and its employees, agents, representatives, licensees, and invitees including claims for personal injury or property damages except for any claim arising solely out of, or related to, an intentional or negligent act of Grantor. Grantee hereby waives any right of recovery Grantee may have against Grantor for any damages resulting from bodily injury or property damage to Grantee arising from Grantee's use of the Easement Property. Provided, however, that the indemnification and hold harmless provision contained herein, shall not act as or be construed as a waiver of any sovereign immunity Grantee may enjoy as a matter of law. Grantee shall not construct any improvements other than the Facilities or otherwise alter the Easement Property in any way, except for those actions necessary to maintain the Easement Property, without first receiving prior written consent from Grantor, or Grantor's successors or assigns. Grantee shall, at Grantee's sole expense, maintain the Easement Property in a similar condition as existed on the date this instrument is fully executed and maintain any improvements constructed thereon by Grantee. Grantee hereby indemnifies and holds Grantor harmless from and against any and all claims, including, without limitation, fines, penalties, costs, and expenses, and reasonable attorney fees of whatever kind or nature, arising from damages sustained, suffered or incurred by any third party as a result of Grantee's maintenance of, or failure to maintain, the Easement Property. GRANTEE shall not improve or modify the Easement except as necessary for the intended use of the Easement for a public electric and telecommunications utility system. To the extent GRANTEE improves the Easement as provided herein, GRANTEE shall be responsible and liable for repairing and maintaining such utility line improvements on the Easement. GRANTEE acknowledges and agrees that GRANTEE's use of the easement area except as to the rights granted hereunder, shall not unreasonably interfere or impede GRANTOR's use and the future development or redevelopment of GRANTOR's property referenced above. Reserving to the GRANTOR all rights not inconsistent with said easement, including reversion upon release. The Easement shall automatically terminate and be extinguished without further action or notice to the parties if Grantee (i) abandons or ceases to use the Facilities for a period of no less than eighteen (18) consecutive months, or (ii) removes the Facilities from the Easement Property. The Easement may otherwise be terminated by recording a written agreement signed by the Parties, or their respective successors or assigns, in the public records of Lake County, Florida. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the day and year first above written. signed, sealed and delivered in the presence of: (Witness) (Print Name) (Print Name) , Florida , Florida 836 W. Montrose, LLC Mark D. Manning, Manager 2OF3 EXHIBIT "A TO PURCHASE AND SALE AGREEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ❑x physical presence or ❑ online notarization, this day of 12024, by Mark D. Manning, as Manager of 836 W. Montrose, LLC on behalf of the company, who is personally known to me or has produced as identification.. (Signature of Notary Public) ACCEPTED BY the City of Clermont by action of the City Council at its meeting of: City Manager, Brian Bulthuis ATTEST: City Clerk, Tracy Ackroyd Howe Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of Clermont, 685 W. Montrose Street; Clermont, Florida 34711 3OF3