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2008-34
City of Clermont +~e ~-u-rR-'~~~ P O Box izozig 911111111111 {1flI11fl11f111111(1lfll{ 11111 11111 1011 /111 1 /{I n CCermont;..~C347iz !;Fhb ?ljilL;il~,~_`"r •`-1` - ~(a/ ~; it?.~.~.,~! r`ss 1~i41`'r +~?E"r f1?P9s h(E::.it h;EL.L'i r C:L.E6'k. DF' f:OLl6`T WATER 8{ WASTEWATER SERVICE AGREEMEIL, rlF~C,Ii'tia ~ EFL; i,~, , ;,-, This document constitutes an agreement between the CITY of Clermont, hereby referred to as CITY, a municipality of the State of Florida, and Clermont Motor Sales, LLC and any successors or assigns, hereby referred to as OWNER. WITNESSETH Whereas, OWNER is requesting service to a mixed use Planned Unit Development with single family residential, multi-family residential and commercial 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 water and sewer service from the CITY; and Whereas, as a condition of CITY providing said water and sewer service to the Property, OWNER is to extend water and 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 water and/or sewer lines and appurtenances in order to provide additional capacity to other properties; and Whereas, as a condition of the provision of water and 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, if CITY chooses to do so; and Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and conditions under which water and sewer service shall be extended and sized. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: Section 1. OFF-SITE WATER/SEWER -Each and all of the foregoing premises are incorporated into and constitute a part of this Agreerent. 1.1 CITY shall provide water and sewer service for the Property. 1.2 OWNER shall connect to the existing City system at connection point or points approved by CITY. 1.3 The route of any off site lines shall be according to engineering plans produced by OWNER and approved by the CITY. 1.4 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. Page 1 1.5 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 improvement plans. 1.6 The OWNER shall be responsible for the construction of all on site and off site lines and appurtenances to serve the project. No building permits shall be issued until water and sewer are 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 water and sewer extensions have been completed and accepted by the CITY. 1.7 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. 1.8 The OWNER shall construct a portion of Autoplex Lane, S.R. 50, including turn lanes into the development, along the southern property boundary as associated with the development. 1.9 The existing utilities along State Road 50 must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit the project and construct the modifications at the OWNER's expense. 1.10 The utilities in the commercial properties shall be privately owned and maintained, but shall be constructed to City standards. 1.11 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. 1.12 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 estimate shall be contractors bid as certified by OWNER'S project engineer. The CITY shall review and either approve or rzject the costs. 1.13 The OWNER and CITY shall agree on the cost difference, which will be the responsibility of the CITY, prior to commencement of construction. 1.14 The OWNER shall be responsible for all costs including design, permitting, materials and construction of the water and sewer lines and appurtenances, both on site and off site, required to serve the Property, with reimbursement for the difference in costs as determined in Section 1.9 from the CITY in the form of Impact Fee Credits. 1.15 The Impact Fee Credits shall be established subject to Sections 1.9 and 1.11, 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. Page 2 1.16 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. 1.17 The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 1.18 A 12-inch water main shall be constructed from the connection point at State Road 50, north along the private road at the western property boundary, westerly along the trail right-of-way and connect to the existing 16-inch water main on CR455. The water main shall be located in a fifteen foot easement in Autoplex Lane. 1.19 The point of sewer connection shall be coordinated with the existing utilities on the north side of State Road 50. The City will not accept ownership of utilities within the State Road 50 right-of-way. 1.20 Any fencing within public view, (including retention ponds), must be ornamental metal with complementing structural columns. No chain link shall be used in public view areas. 1.21 The OWNER must coordinate with Lake County and the Metropolitan Planning Organization (MPO) for compliance with Transportation Concurrency, and the Transportation Concurrency Management System (TCMS). 1.22 Across access easement must be provided for the constructed Autoplex Lane, and the 30-foot unimproved reserved portion running to the northern property boundary, and the east-west connection road. 1.23 Autoplex Lane road improvements. Autoplex Lane, which is a private road, shall be constructed to City design and landscaping standards (as modified herein above) from State Road 50 for 300 feet north into the Property. OWNER shall not be required to perform any upgrades to Autoplex Lane beyond 300 feet north of State Road 50. 1.24 The unimproved portion of Autoplex Lane shall include a 30-foot reservation of property for the roadway itself, plus 10-feet for the landscape buffer. The cross section shall be essentially level to accommodate any possible future construction of the road. Section 2. DEVELOPMENT STANDARDS 2.1 The project shall be developed according to the JPA Land Development Regulations (Lake County Ordinance No. 2005-64). Items not addressed in the JPA Land Development Regulations must be developed to City standards unless otherwise stipulated in this Agreement or subsequent amendments to this Agreement. Section 3. WAIVER REQUESTS FOR THE PROPERTY 3.1 OWNER will request the following waivers from requirements imposed in the City of Clermont Code of Ordinances (the "Code") and CITY staff will support such requests: Page 3 (a) Retaining Wall Height. The retaining wall height will be 15 feet. (b) Customer Parking. Rather than basing the number of customer parking on the square footage of the overall commercial space for the project, the CITY agrees to base the number of customer parking spaces on the size of the administration/sales area (17,730 square feet) and the collision center building (2,550 square feet) for the project. Accordingly, 71 customer parking spaces are needed for the administration/sales area and 9 customer parking spaces are needed for the collision center. The OWNER will provide 101 customer parking spaces, which is in excess of the minimum required, and the customer parking spaces will be indicated on the site plan. (c) Product Inventory Space Size. The product inventory spaces shall be separated from customer parking spaces and will be nine feet by eighteen feet. Customer parking spaces will be ten feet by twenty feet. (d) Cut and Fill Maximum Standard for Grading. The grading for the site shall be limited to a 15 foot grade change in a cut or fill. The grading to construct a connection to the driveway area to the east shall be limited to a maximum 30 foot grade change in cut or fill to provide for the transition between properties. (e) Landscaping on the western boundary of the Property beyond 300 feet north of State Road 50. The landscape buffer along that portion of the western boundary of the Property 300 feet north of State Road 50 shall be placed to the east of the existing pavement of Autoplex Lane and shall be constructed to those standards for a property boundary and not to the standards for buffers adjacent to public right-of- way. (f) Parking areas in the non-customer locations located north of the service area drop off at the sales/service building may have one landscape island every 15 parking spaces. All other areas south of the drop off area shall maintain the required one landscape island every 10 parking spaces. (g) Side slope requirements on the western boundary of the Property beyond 300 feet north of State Road 50. The side slope directly adjacent to the western side of the developed area of the Property 300 feet north of State Road 50 shall have a slope of 6:1 for the first 5 feet in lieu of the 10:1 side slope requirement. Section 4. ANNEXATION 3.1 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 CITY a Notice of Encumbrance To Annex Property in a form substantially in compliance with the form set forth in Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the public records of Lake County 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 Page 4 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. Section 5. 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 6. 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, FI 34712-0219 OWNER Clermont Motor Sales, LLC 3800 West Colonial Drive Orlando, FL 32808 Section 6. AMENDMENTS Any amendment to this agreement is not effective unless the amendment is in writing and signed by all parties. 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 through DATED th~,2~ day of , 2008. Page 5 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 through DATED this Z T'o'day of _ m (`~.~V , 2008. CITY OF CLERMONT ATTEST: °':., ~. n __.-,.- Harold S. Turville Jr., Mayor Tracy Acl oyd City C k OWNER: Clermont Motor Sales, LLC r'""~~ Signs~i e~ / !~ JG~~I ~/ d iVi I~L~A Print Name STATE OF ~1 COUNTY OF (~~ (',~ oaths as in the f and w same. I HEREBY CERTIFY that on this day, before me, an o cer duly authorized to administer and take acknowledgments, personally appeared _~OS~EPN A. .Slay r~~ ~1- , 1r1'I Af-_/Q-t;~ of ~~y,p~/'J /y~~-r®,~, ~~qCE~ L~fii who provided identification orm of or who is personally known to be the person described in ho executed the foregoing, and that he acknowledged before me that he executed the Witness my hand and official seal this ~~~# day of ~l~/dG , 200 . Nota L:\JPA -Utility Agreements & Reviews\Toyota -Clermont Motor Sales\Toyota Agreement.doc DIANE GRACEY M C MMISSION # DD 526596 PIKES: April 8, 2010 Gonded Thru Notary Public Underwriters Page 6 SKETCH AND DESCI~IPTION TOYOTA OF CLERMONT (REMAINING PARCEL) LAND DESCRIPTION TRACT 1 AND A PORTION OF TRACTS 2, 15A, 16, AND RIGHT OF WAY (UNIMPROVED) AS SHOWN ON "MAP OF SECTION 26 TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LAKE HIGHLANDS COMPANY" AS RECORDED IN PLAT BOOK 3, PAGE 52 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING NORTH OF STATE ROAD NUMBER 50 RIGHT-OF-WAY AND A PORTION OF TRACTS 50A, 63, 64 AND RIGHT OF WAY (UNIMPROVED) AS SHOWN ON "MAP OF SECTION 23 TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LAKE HIGHLANDS COMPANY" AS RECORDED IN PLAT BOOK 4, PAGE 11 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA; THENCE SOUTH 00'40'12" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 1183.47 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY MAP, SECTION NUMBER 11070-2505; THENCE DEPARTING SAID EAST LINE, NORTH 89'09'12" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 680.32 FEET TO A POINT ON THE APPROXIMATE CENTERLINE OF "AUTO PLEX LANE" (FORMERLY KNOWN AS "TINY MORSE BOULEVARD"); THENCE NORTH 00'25'53" WEST ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 1739.20 FEET; THENCE SOUTH 89'09'4$" EAST, A DISTANCE OF 319.54 FEET TO A POINT ON THE SOUTH LINE OF THE ABANDONED 200 FOOT WIDE RIGHT OF WAY FOR THE ATLANTIC COAST LINE RAIL ROAD AS SHOWN ON CSX MAP NUMBER V12 FLA.-8; THENCE NORTH 66'13'46" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 350.25 FEET TO A POINT ON THE AFORESAID APPROXIMATE CENTERLINE OF "AUTO PLEX LANE'; THENCE NORTH 00'25'53" WEST ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 76.75 FEET TO A POINT ON THE NORTH LINE OF AFORESAID TRACT 50A; THENCE SOUTH 66'13'46" EAST ALONG THE NORTH LINE OF SAID TRACT 50A AND AFORESAID TRACT 64 AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 780.30 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. ~/a) OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY FLORDIA; THENCE SOUTH 00'39'25" WEST ALONG SAID EAST LINE, A DISTANCE OF 464.58 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATES IN LAKE COUNTY, FLORIDA AND CONTAINS 28.32 ACRES, MORE OR LESS. SURVEY NOTES 1. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM AND ARE BASED ON THE NORTH LINE OF TRACT 64 BEARING SOUTH 66'13'46" EAST. 2. -THE LAND DESCRIPTION WAS PREPARED BY THE SURVEY FROM INFORMATION PROVIDED TO THE SURVEYOR BY THE CLIENT. 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS SURVEY WAS NOT ABSTRACTED BY THE SURVEYOR AND IS SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS, AND RESERVATIONS OF RECORD. 5. THIS IS A SPECIFIC PURPOSE SKETCH AND DESCRIPTION FOR PARCEL DELINEATION PURPOSES ONLY. THIS IS NOT A BOUNDARY SURVEY. 6. ABBREVIAl10N LEGEND: P.B. =PLAT BOOK; PG =PAGE; R/W =RIGHT OF WAY; CCR =CERTIFIED CORNER RECORD; SURVEYORS. CERTIFICATE THE SPECIFIC~~PURP,OSE,SKETCH AND DESCRIPTION SHOWN HEREON WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM.~TECHNICAL ,STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHART~R~;6j~ a7~;~~F~QRIDA~'.ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. Tr..; ~C, 1. ~ ~ 1 ~.` 10~~0 "_ C,~ of this imams MARKS eyAU~.EI~LQ,~-P.$atut. ~ is equivalent to the ua iC' ~' PROFESSIONAL 15UR. EYdR AND,~MAPPER q FLORIDA~cREGISTRA~TLON~;NO.. ~ 4606 of the original document, SHEET 1 O F 3 _ ; Caulfeld,_,~c'Associates, Inc. Professional Surveying and Mapping 405' West Central Parkway, Suite 1010 Altamonte Springs, FL 32714 Phone: (407) 869-9989 Fax: (407) 869-9337 DATE: JUNE 12, 2008 ~ SCALE: 1 INCH = 200 FEET ~ PROJECT NUMBER: 07-824 PROJECT NAME: TOYOTA OF CLERMONT DRAWING NAME: 07824SKETCH2.DWG SKJ~'TC.K .A.I~D DESCRIPTIQN T D YO TA OF CLERMONT (REMAINING PARCEL) q ngNT~~ ~ ~ ~ ST ~ ~qCT sO~ `l N£ R R. ~ N 00''LS;~" TRACT 50A (C,SX Mqp \ S66<gegN~ONFD V~2'~L j3 ' q.~8 ) 6"~ p 2 ~ A~q pegoao, Riw 3Sp 2 46 ~~rnti co w R ey S AS~HE' SAC 80, 30'; °• pc~c~ k ' ~' PARK PARCEL I S8 M,go NoR o 4 09 48 E 319.54 ~ ~~ s°~~ RG~ l u I F ~~ ° s "~ I (O ~ ~ MAP OF SECTION 23 a~ TOWNSHIP 22 SOUTH r a RANGE 26 EAST ~ a~ a "LAKE HIGHLANDS COMPANY" ov (PLAT BOOK 4, PAGE 11) ~3 TRACT 64 ~ i Q <`~ ~~~ W. ~ ~I x~ ~ ~it~m ~ Q. J N R a' Q '~ N O~ ~ f~ o ?. " °z U ~`~F Q ' a Q • The quality of this image d- Z v O O U ~ N ^ ~" I+j N ~ Z ~ 00 WN ~ '2 ~ O = r F N ~w Z W (n ~~ \N uj N f!) ~ WN ~Z 0 rF w vi mo Z pN^ V'U'U m ZNV O F zW °a y ss equivalent to the quality N of the original document. .°o z N ~ °~- ~' ~ ~ ~ ~ o°a °a S EET 2 OF 3 I~'LC OC2~teS ~ ~ ~ ~ 2 L C DATE: JUNE 12, 2008 . , tSS C eJ e (JG2t f Professional Surveying and Mapping SCALE: 1 INCH = 200 FEET 405 west Central Parkway, Suite 1010 PROJECT NUMBER: 07-824 Altamonte Springs, FL 32714 (407) 869-9989 Ph PROJECT NAME: TOYOTA OF CLERMONT one: Fax: (407) 869-9337 DRAWING NAME: 07824SKETCH2.DWG ~,.~ SKETCH AND DESCRIPTION TOYOTA OF CLERMONT (REMAINING PARCEL) TRACT 64 N I- U a a H U Q z y D 2~ Q ~,~ ~I J O J Z WY m v ~~ ~ ~. 0 OOo ~ ~I ~~.F a Q ,~ a j V O v O d~ ~ U ~ ~ ~ ~ ~ N ono I~ i~ .~Y N 4i N ~ 2 ~ ~ W N = Z '- ~-- ~ 1- F W W (~ Q IN ~ ( /1 z o ~ o ~ O In W V ~ U ~ N D -'~ TR CT ~aW o z gY ° v iZ ~~ ~o oo = ¢ H- ~ ° w Q v J ~ g x a. N ~ a O v Cf' ~ 3 ~ ~ Q (~ O M 2 KQ NNn C7 "NV m ZNV ~ F F z w a y G The quality of this image NORTH RIGHT OF WAY UNE s? is equivalent to the quality N89°09'12' W 680.32' ~ of the original docume~~ATE ROAD No. 50 (FDOT SECTION 11070-2505) _ RIGHT OF WAY VARIES) SOUTH UNE NE 1/4 NE 1/4 SEC 26-22-26 SHEET 3 OF 3 Caulfield ~c' AssoC2ates, I~'I,C. DATE: JUNE 12, 2008 Professional Surveying and Mapping SCALE: 1 INCH = 200 FEET 405 West Central Parkway, Suite 1010 PROJECT NUMBER: 07-824 Altamonte Springs, FL 32714 PROJECT NAME: TOYOTA OF CLERMONT Phone: (407) 869-9989 Fax: (407) 869-9337 DRAWING NAME: 07824SKETCH2.DWG EXHIBIT "B" Notice of Encumbrance to Annex to City of Clermont City of Clermont 685 W. Montrose Street Clermont, FL 34712 THIS INSTRUMENT, Made this 27th day of May, 2008, between Clermont Motor Sales, LLC property owners in the County of Lake, State of Florida 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 property is in accordance with applicable law, GRANTOR, further agrees, on his/hers/theirs/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 a simple written request or the renewal of the petition of which notice is given above, then this instrument shall be considered such request and/or renewal. The subject property is described as: 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. Page 8 PROPERTY OWNER(S): Clermont Motor Sales, LLC .+ By. , nat re Type or print name By: Signature Type or print name STATE OF ~~ 12- ~ Oar COUNTY OF D~Ar1 ~~ WITNESSES (Two required): Witnesses 1. Signature Y J~~~ 5~~~,~~E~ Type or print nam i' 2 C ignature ~ ~-~-~ ~~.t ~ou~ Type or print name The fore oing instrument was~cknowledged before me on this ~ Z~~ day of 200, by J OSEi~N A " ~ ~/ ~ ~t- ~/Y who is personally known to me or who has produced as i enti icatlon and who did not take an oath. ~-_,~~.~:A,~~":~_ ==~__ _ _ ?o.^~" ~~ DIANE GRACEY `~ '•°. MY COMMISSION # DD 526596 SEAL: ga~ ';;,,, -,r EXPIRES: April 8, 2010 ~I '%,,q ~~ ; ;•~ 6ondad Thru Notary public Untlenvriter, Notary Public Type/print name ~ Pursuant to Section 695.29(3)(f): this instrume exempt m Chapter 695, F.S.,; Prepared by a Public Officer, City A of Clermont, Florida 34712 ,city Page 9 Clermont Motor Sales, LLC (Toyota) Aerial view: ... ~.. '";,~ ~'" r 4- ~~` M~ w; ~~ ~ ~; ~ ,~ ~r ~~ e ~~ y ~, .A "k G , rt eu ~,;syq r~`tF . ' i' __ - _ - _-` ~, ~'~ s .....e Page 10 4 ~~~; -1dLC1_ liUdlll Icd proposed) ~~ 1°he quality of this image is equivalent to the quality ®f the original document, (Americ id Title Association Commitment - 1966 Rev.f COMMITMENT Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA Commitment To Insure Title ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called THE FUND, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to'in Schedule A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by THE FUND, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of THE FUND. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Q; .•- f o= Attorneys' Title Insurance Fund, Inc. }11'~.y RORIOr ~,. g' BY ~`~G~ Charles J_ Kovaleski President SERIAL ~" 3150276 FUND FORM C (rev 1196) Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule A Commitment No.: C-3150276 Effective Date: Agent's File Reference: 960009.0272 Toyota of Clerm Fund File Number: 12-2007-2068.8 ~ -~`~ (~ =~~-j~,(~a 1. Policy or Policies to be issued: Proposed Amount of Insurance: OWNER'S: MORTGAGEE: ALTA Loan Policy (10/17/92). (Tf other, specify.) $12,000,000.00 Proposed Insured: World Omni Financing Corp., it successors and/or assigns 2. The estate or interest in the land described or referred to in this commitment is a fee simple and title thereto is at the effective date hereof vested in: Clermont Motor Sales, LLC, a Florida limited liability company 3. The land referred to in this commitment is described as follows: Tract 64 and a portion of Tracts SOA and 63 of Map of Section 23 Township 22 South, Range 26 East bake County. Flocida,_Lake_Highlands_Compan_y_as_re_corded_in Plat Book 4, Page 1 1 of the Public Records of Lake County, Florida; and, Tract 1 and a portion of Tracts 2, 15A, and 16 of Map of Section 26 "fownship 22 South, Range 26 East, Lake County, Florida. Lake Highlands Company as recorded in Plat Book 3, Page 52 of the Public Records of Lake County, Florida, lying north of State Road Number 50 right-of--way and being more particularly described, as follows: Begin at the northeast corner of Section 26, Township 22 South, Range 26 East, a five (5) inch diameter round concrete monument, and run South 00°40' 12" West, along the east line of the northeast quarter of said Section 26. a distance of 1 183.47 feet to a point on the north right-of--way line of State Road Number 50, according to the Florida Department of Transportation (FDOT) right-of--way map of State Road Number 50, Section Number 11070-2505; thence, departing said east Section line, run North 89°09' 12" West along said north right-of--way line, a distance of 680.32 feet to a point on the approximate centerline of Tiny Morse Boulevard; thence run North 00°25'53" West, along said approximate centerline, a distance of 1952.46 feet to the north line of Tract SOA of Map of Section 23 Township 22 South, Range 26 East, Lake County, Florida. Lake Highlands Company as recorded in Plat Book 4, Page I of the Public Records of Lake County, Florida; thence run South 66° 13'46" East, along the north line of said Tracts SOA and 64 of said Map of Section 23, parallel with and 30.00 south of, perpendicular measure, the centerline of the abandoned Atlantic Coast Line Railroad (CSX Map Number V 12FIa.-8), a distance of 780.30 feet to the northeast Agent No.: 573001 Issuing Agent: Tripp Scott PA 110 SE 6th St 15th Flr Ft Lauderdale, FI 33301 ~ --- -- ent's ature Tripp Scott PA Form C-SCH. A (rev. 1/98J Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule A (Continued) Commitment No.: C-3150276 Agent's File Reference: August 28, 2007 @ 1 1:00 PM 960009.0272 "f oyota of C;lerm Fund File Number : 12-2007-2068.8 corner of said Tract 64; thence, departing said northerly line, run South 00°39'25" West, along the east line of said Tract 64, a distance of 464.58 feet to the Point of Beginning. Along with the easement rights created in that certain Temporary Construction and Cross Easement Agreement recorded in OR Book 2754, Page 2316, Public Records of Lake County, Florida. Form C-SCH. A (rev. 1 /98J FUND COMMITMENT FORM Schedule B-I Commitment No.: C-3150276 Agent's File Reference: 960009.0272 Toyota of Clerm Fund File Number: 12-2007-2068.B ~~ J 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered a ed for record: A. Mortgage from Clermont Motor Sales, LLC, a Florida limited liability c pany to the proposed insured mortgagee(s). 3. if closing does not occur within six weeks of the effective date of product, the member must confirm the continued good standing of any buyer, seller, or mortgagor 'c is not a natural person. 4. Review certified copies of the Articles of Organiza ' ,and certified copies of Regulations or Operating Agreement, together with all amendments, if any, to dete ~ne who may sign for the limited liability company and procedures for authorizing the signature. Comply the directives therein. If Regulations or Operating Agreement are not produced, obtain and retain an a avit signed by all members naming all of the members and consenting to the transaction unless the limi Lability company has many members, in which case the affidavit of the majority will suffice. Further re u' ents may be necessary. (As to Clermont Motor Sales, I.,LC, a Florida limited liability company.) 5. A det mation should be made that the member executing the mortgage is not or has not been a debtor in company. Form C-SCN. B-1 (rev. 5/94JJ FUND COMMITMENT FORM Schedule B-II Commitment No.: C-3150276 Agent's File Reference: 960009.0272 Toyota of Clern~ Fund File Number: 12-2007-2068.8 ~ ~n ~ rrariers unless the same disposed of to the satisfaction of The Underwriter: // l . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appear' b n the public records or attaching subsequent to the effective date hereof but prior to the date the pro nsured acquires for value of record the estate or interest or mortgage thereon covered by this commitm 2. Any owner and mortgagee policies issued pursuant hereto will ain under Schedule B the standard exceptions set forth at the inside cover hereof unless an affidavit of ssion and a satisfactory current survey are submitted, an inspection of the premises is made, it is deter the current year's taxes or special assessments have been paid, and it is determined there is nothing of rd which would give rise to construction liens which could take priority over the interest(s) insured her er (where the liens would otherwise take priority, submission of waivers is necessary). 3. Any owner y issued pursuant hereto will contain under Schedule B the following exception: Any adverse owne p claim by the State of Florida by right of sovereignty 1v any portion of the lands insured hereunder, / ~ my r/inn cv{,morooit ~ttoit nn 4. Taxes for the year 2008, which are not yet due and payable. 5. Certifications on the Plat of Map of Section 23 Township 22 S.- Range 26 E. Lake County, Florida Property of bake Highlands Company, as recorded in Plat Book 4, Page(s) 1 I, Public Records of Lake County, Florida. 6. Certifications and dedications on the of Map of Section 26 Township 22 S. Range 26 E. Lake County, Florida Property of Lake Highlands Company, as recorded in Plat Book 3, Page(s) 52, Public Records of Lake County, Florida. 7. Distribution Easement recorded in O.R. Book 954, Page 4, Public Records of Lake County, Florida. 8. Distribution Easement recorded in O.R. Book 1331, Page 429, Public Records of Lake County, Florida. 9. Utilities Easement recorded in O.R. Book 1644, Page 2203, Public Records of Lake County, Florida. 10. Ordinance recorded in O.R. Book 2142 ,Page 1014, Public Records of Lake County, Florida. 11. Ordinance recorded in O.R. Book 2946 ,Page 2358, Public Records of Lake County, Florida. 12. Ordinance recorded in O.R. Book 2946 ,Page 2364, Public Records of Lake County, Florida. 13. Temporary Construction, Utility and Cross Easement Agreement recorded in O.R. Book 2754, Page 2316, Subordination Agreement recorded in O.R. Book 3165, Page 458, Public Records of Lake County, Florida. 14. Surve yor's Affidavit recorded in O.R. Book 2754, Page 2309, Public Records of Lake County, 1~lorida. 15. Ease ment of CSX fJkJa Atlantic Coastline Railroad located on the northern boundary of the property as referenced on the survey of DRMP, dated January 8, 2005. l6. Rig ht of way for Tiny Morse Blvd along the west side as shown on the survey by DRMP under Project Number 04- 0394-004. ~~ Form C-SCH. B-!I (rev. 5/94) Standard Exceptions The owner policy will be subject to the mortgage, if any, noted under item two of Section I of Schedule B hereof. All policies will be subject to the following exceptions: (1) taxes for the year of the effective date of this Commitment and taxes or special assessments which are not shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises; (4) easements, or claims of easements, not shown by the public records; (5) any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Conditions and Stipulations The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to THE FUND in writing, THE FUND shall be relieved from liability for, any loss or damage resulting from any act of reliance hereon to the extent-THE FUND is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to THE FUND, or if THE FUND otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, THE FUND at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve THE FUND from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of THE FUND under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Loss incurred in reliance hereon in undertaking in good faith (a) to comply with- the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein: 4. Any action or actions or rights of action that the proposed Insured may have or may bring against THE FUND arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. H ~ a ~ ~ [--+ O o z .~ ~(~ V ~, t-•~ .~ H Q L~ a s ~ ~ . 7 C v cn m 'b O v ~ R ~ ~ r ~ ~ao G + U ~o m o yo d a; .G FS p ~ ~ ~ ~ O ~ ~ v q V '6 ~ t~ ~ ~ V ~ 0 ~ N A ~ y U IL 4"~. O ~ Cana trneASSOCratron owners roucv- tu-~i-sz1 ~wrtn r--onaa OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, 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 Fund 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 Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. .-" '~W~wq~~~ _`' :~~~~....~;~ Attorneys' Title Insurance Fund, Inc. ~~~ ..- ~: _~`~ S~A~ 'f= Iry111,111M~~N` B Y Charles J. Kovaleski President SERIAL oPnn - 2636197 FUND FORM OPM (rev. 3/98) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (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. (b) Any 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 hasbeen 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 whic:r 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 Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund 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 Fund 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 defined in this policy or any other records which impart constructive notice of matters affecting 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, or 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 tinder 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 tide. 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 purchaserfrom the insured, or only~o 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 policvshall not continue in force in favor nfanvn~irrriacrr from the insured of either (i) all estate or interest in the land, or (ii) all 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 Fund 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 tide to the estate or interest, as insured, and which might cause loss or damage for which The Fund maybe liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. if prompt notice shall not be given to The Fund, then as to the insured all liability ofThe Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify The Fund shall in no case prejudice the rights of any insured under this policy unless The Fund 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 Fund, 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 Fund 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 Fund 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 Fund 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 title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Fund 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 Fund shall exercise its rights under this paragraph, it shall do so diligently. (c) WheneverThe Fundshallhave brought an action orinterposed a wfrncn ac rvmiirPit nr s.r...;rro.7 t,,. rho .....-..:..: ,..... ..C tel.:,. _._u~- mt Fund may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, iri its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceed rig, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to trse, at its option, the name of the insured for this purpose. Whenever requested byThe Fund, the insured, atThe Fund's expense, shall give The Fund 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 Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund'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 Ftrnd, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund 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 matterinsured againstby this policywhich constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the toss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue anylitigation, with regard to the matter or matters regtrir-ing such proof of loss or damage. In addition, the insured claimant may reasonably be required tosubmit to examination under oath by any authorized representative of The Ftrnd and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rued representative of The Fund, 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 anyauthorized representative ofThe Fund, the insured claimant shall grant its permission, in writing, for any autho- rued representative of The Fund to examine, inspect and copy all records, books, 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 Fund pursuant to this Section. shall not be disclosed to others unless, in the reasonable judgment of The Fund, 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 rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of The Fund 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 Fund 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 Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga- tions 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 Fund 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 b}' the insured claimant which were authorized b}' The Fund up to the time of payment and which The Fund 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 Fund tip to the time of payment and which The Fund is obligated to pay. Upon the exercise byThe Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund'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 or obliga- tion 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 claimantwho 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 Fund 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 asinsured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (Thispara~a--aphdealingwithCoinsurancewasremovedfromFlorida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed arrd 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 Policyof 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 Fund and the insured at the time of the issuance of this policy and shown by an expressstatement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If The Fund establishes the title, or removes the alleged defect, lien 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 byThe Fund or with The Fund's consent, The Fund 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, ad- verse to the title as insured. (c) The Fund 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 Fund. 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 It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Ftrnd 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 de- stroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, . - O ~ ~ ~ ''~ m ~ rn ca ~ ~ a, ~" ~ ~ Q- 0 ~ CW} ~ n ~ ~ vm ~o~or. n om` U O a c~ ~ ~"'°~ c .. ~~~1 `~ y ~ ~ V ~ ~•~p ~ ON ~ y~.~ uU s tn ~ ~ o a ~ O~ O ~ ~ ~ ~ Q o o~ ~ ~• ~ O L o ~~ ~ ~ >~ 4~ ~ O .~ ~~ v ~ r _ W ~ •N p ~ v LL rn ~ '0098$98~E EP?•rol3 'oPueiaO `00989 xog aJTd{p asod aE aJy{o IEdtJUUd saT;E pun3 ayZ oa passaappE aq {IEys puE dJtlod slya;o aagwnu ay; apnlJUi {{Eys pun3 ay,L paysruan; aq o; paalnbaa 9unuM ui auawaaEas due puE pun3 ayL uant`d aq oa paambaa saJnou iId ;uaS aaayiy `saago{~j •Li •~Ja3{a puE aJao3 Iin3 ui utEwaa i{Eys suoistnoad aayao {{E puE uotsTnoad aEya apnlJUi o7 aou pawaap aq iieys ,iJyod aTp `MEI aigEJildde aapun a{gEaaao;uaun ao p~{Foul p{ay si dJi{od aye;o uotsinoad duE 7uana aye ui ,(arpgEianaS '9I •pun3 ayZ;o aua~d ao `auapisaad aJTA E `7uapisaad ay; aayaia ,tq pau~is oaaaaq payJeaaE ao uoaaay pasaopua ~UIallM E dq adaJxa apem aq uEa dJt{od stya oa auawasaopua ao;o auawpuawe oN (a) •dJTiod siya o; paaJUasaa aq IIEys 'wiEiJ gJns ~upaassE uonJE duE dq ao dgaaay paaanoJ asaaaaui ao aaeasa aya oa apn at{~;o snaEas aya;o ano saslae yJTyM puE `aJUa~ -TIDau uo paseq aou ao aayaayM `a.~Ewep ao sso{;o wielJ dud (q) • •alot{M a sE panaasuoJ aq IIEys dJiiod slya `dJyod soya;o uoisinoad due ~waaadaaauT u{ •pun3 ay,L puE paansui aya uaaMaaq aJeaauoJ puE dJZlod aar~ua aya si pun3 ay1, dq oaaaay payJEaaE `due;i `sauawasaopua iIE ya~M aayaa~oa dJilod siys, (e) aJS.quo~ aaqug ,(aiiod :.Li~[od shy; oa pa;nu!'I ~7T.P.gEi'I •9i •asanbaa uodn pun3 ay,{, woa; pauiEago aq dEw sa1nZl aya,{o ddoJ d •sa{n2I uotlEaa~gaFl aJUEansul apz,L aya aapun vopEaa~gaE uE oa dlddE IIEys puEi aya;o snags aya;o MEI ay,L foa.~ay; uoya:psu»t~uuzny;anoa tiun ur paaa;ua aq cLaru (s)ao;na;?g.ro ay; ~(q pa.Tapual pavmn ay; uodn;uauidpnj' •~nd ~u:jivaa.T¢ n o; saaf',s~fauioa;n pannzn o; aanoa n ;?uuad pa;naoj si punj ay; yatynz ur a;n;.s ay;•~o snznj ay; fi ~Cjuo saa~ s~(au.~o~n apnjau? ~imu pxnnzn arj3 •say.xnd ay; uodn ~uxpu?q a4 hays ~Cnjod,/o a;nQ;n ~a•~'a u? sajrrg ay; `palruuz ay;lo uoydo ay;;v `.io apaue st uoyv.y?q.~n.ao~•puvwap ay; a;np ay; uo;aa~'a u? sajng a>l;.iapun pun ~?jodsry; o;;unnsrrujuo~nr;xq.~ •uot~n~xjgo .gay;o .eo uo?sutouj ~rjod n Jo yanarq ay; ao aaunnsst s~? y;un uoyaauuoa uz pun3 ayj;•{o aa?nlas pun `~Ca?jod s?y; o; dccunjaa ao fo;no 8ursun paansut ay; pun pun3arjj; uaarrz;aq tuxnja.to tisaaao.yuoa ~Cuv `o; pa;xtuxj;ouacn;nq `apnjou: ~Cvui sla;anru ajgna;?q•ry~ •paansu: ay; pun pun3 ay,); y;oq .Cy o; paaa~n fi papunuiap aq dnTU uoyn?aoss[,~ uo~yngeq~ unauatud ay; fo sajrrg uo~aa;?q•'6 aaun ansuj aj;?Z ay; o;;unnscnd umin.y?gan `~nvj a19natj¢dn dq Pa}?q?yoed ssajull uoge.q~q.~ ~I •dJTlod stya 3o uosaaa dq say~u vorlE~oagns ao; apinoad yJiyM sauawruasw asol{a ui pau~EauoJ suo~ipuoJ ao swam duE ~uipuEas -yalMaou `spuoq ao aJUEansuT;o satatiod aayao `sapuEaen~ `sancuwapu- oa paansut aya;o say~u aya `uo-aea~wtl anoyainr `apnlJUi {{Eys pue asixa iieys sao~ilgo paansui-uou asuTE~E uonE~oagns;o ay~u s,pun3 ays, •sao~~[g0 Paamsm-uo{~{ ~sui~ s-q~?g s~P~3 aq.I. (q) •uonE~oagns;o ay~u s,pun3 ay,L;o auew?EIJ paansui ay; dq auauutEdwT aya;o uosaaa dq pun3 ay,L oz asoi `duE;i `aunowE aya paaJxa {{Eys ya~yM dJ~Iod siya dq asutE~E pamsui sasso} duE;o aced aEya d{uo ded oa paambaa aq pEys `auana aEya uc `pun3 ay,L anq 'dJ-Iod sly; pion aou {{Eys aJE aeya `anogE paaEas sE 'auEw?ep paansuT ayl;o aJE duE woa; ainsaa pinoys ssol 3I •sso{ aya;o aUl7owE aloyM aya oa saeaq auawded s,pun3 ay1, yJtym uonaodoad aya ut satpawaa puE s;y$?a asaya oa paaE~oagns aq IIEys pun3 ayZ 'auewtEiJ paansui aya;o ssol ay; aanoJ dlln; aou saop wtelJ E;o aunoJJE uo auawded e;{ •saipawaa ao say~u asaya ~uinlonu~ uonE~nll ao uonJESUEaa duE w allEwrEiJ paansui aya •{o aweu aya aso oa puE auEw?EiJ paansut aya 3o awEu aya u~ alaaas ao asiwoadwoJ `ans oa pun3 ay,L a~uTaad IIEys auEwiEIJ paansui ay,L •uonE~oagns }0 1y~u stya aaa}rad oa aapao ui da ESSaJaU daaadoad ao uosaad duE asulE~E sarpawaa puE say~u iIE pun3 ayZ oa as;suEaa [{Eys auEwtEIJ paansut aya `pun3 ay,L dq paasanbaa;I 'panssi uaaq aou dJilod siya pEy wiEp aya oa aJadsaa ul daaadoad ao uosaad dUE aSUTE~E pEy aAEy pInOM auEtIITEIJ paansut aya yJUIM salpawaa puE saySia iiE oa papnua aq puE oa paaE~oagns aq IIEys pun3 ayZ •auewiElJ paansui aya;o Tae duE dq paaaa;;EUn pun3 arm, ui asap {{Eys uopE9oagns3o ay~u {{E `dJ~{od siya aapun wiEp E pTEd puE papaas anEy IIEys pun3 ayL aanauayM •uoge~olgnS ~o ay~RI S.P~3 aq.I. ~E) ;uawala;aS ao 7uawded uodn uogTZSoagnS 'Ei •aaa;eaaaya sdEP OE uiyatM alq~Ed aq [IEys a.~ewEp ao sso{ aya ~ ,. Attorney's' Title Insurance Fund, Inc. SCHEDULE A File Number: 04-3741 Policy Number: OPM-2636197 Amount of Insurance: $ 3,750,000.00 Premium: $ 11,950.00 Date of Policy: February 9, 2005 at 08:24 AM 1. Name of Insured: Clermont Motor Sales, LLC, a Florida limited liability company 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Clermont Motor Sales, LLC, a Florida limited liability company as shown by that Warranty Deed recorded on February 9, 2005 in Official Record Book 02754 Page 2314, of the Public Records of Lake County, Florida. 4. The land referred to in this policy is described as follows: SEE EXHIBIT "A" YERc By: ALTA Owner's Policy Schedule A (10!17/92) (C.A. MEYER.PFD/04-3741/65) SCHEDULE B File Number: 04-3741 Policy Number: OPM-2636197 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: a. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. Restrictions, conditions, reservations, easements and other matters contained on the Plat of Lake Highlands Company, as recorded in Plat Book 4, Page 11, Public Records of Lake County, Florida. c. Restrictions, conditions, reservations, easements and other matters contained on the Plat of Lake Highlands Company, as recorded in Plat Book 3, Page 52, Public Records of Lake County, Florida. d. Distribution Easement recorded in OR Book 954, Page 4, Public Records of Lake County, Florida. e. Distribution Easement recorded in OR Book 1331, Page 429, Public Records of Lake County, Florida. f. Utilities Easement recorded in OR Book 1644, Page 2203, Public Records of Lake County, Florida. g. Ordinance 2002-01 recorded in OR Book 2142, Page 1014, Public Records of Lake County, Florida. Easement of CSX f/k/a Atlantic Coastline Railroad Company located on the northern boundary of the property as referenced on the survey of DRMP, dated January 8, 2005. Right of Way for Tiny Morse Blvd as shown on the survey by DRMP under Project Number 04-0394-004 Surveyor's Affidavit dated January 25, 2005, recorded in OR Book 02754, Page 2309 Public Records of Lake County, Florida. Terms and conditions and easements set forth in that certain Temporary Construction and Cross Easement Agreement dated January 31, 2005 and recorded in OR Book 02754, Page 2316, Public Records of Lake County, Florida. Joinder and Conset to Temporary Construction and Cross Easement Agreement dated January 31, 2005 recorded in OR Book 02754, Page 2336, Public Records of Lake County, Florida. m. Ad valorem real estate taxes for the year 2005 and subsequent years, a lien not yet due and payable. ALTA Owner's Policy Schedule B (10/17/92) (C.A. MEYER.PFD/04-3741/74) ._..~ EXHIBIT ",~•-n ~._.~ Legal Descri tion ,, ub iect Parcel)' Troct 64 and a portion of Tracts 50A_ and 63 of Map of Section 23 Township 22 South, ftonge 26 East, Lake County, Florida, Lake Highlands Company as recorded in Plat Book 4, Page 1i of the Public Records of Lake County, Florida; and, Tract 1 and a portion of Tracts 2, 15A, and 16 of Map of Section 26 Township 22 South, Range 26 East, Lake County, Florida, Lake Highlands Company as recorded in Plat Book ~3, page 52 of the Public Records of Lake County, Florida, lying north of State Road tJumber 50 right-of-way and being more particularly described. as .follows: Begin at the northeast. corner of Section 26, Township 22 South, Range 26 East, a fve (5) inch diameter round concrete monument, and run South 00"40'12" West, along the east line of the northeast quarter of said Section 26, a distance of 1183.47 feet to a point on the north right-of-way line of State Road Number 50, according -to--the Florida Deportment of Transportation (FDOT) right-of-way map of State Road Number 50, Section Number 11070-2505; thence, departing said east Section fine, run North 89'09'12" West; along said north right-of-way line, a distance of 680.32 feet to a point, on the approximate centerline of Tiny Morse Boulevard; thence run North 00'25'53" West, along said approximate centerline, a distance of 1.952.46 feet to. the north -line of Tract 50A of Map of Section 23 Township 22 South. Range 26 East;, Lake County, Florida, Lake Highlands Company as recorded in Plat Book 4, Page 11 of the Public Records of Lake County. Florida; 'thence run South 6673'4-6" East, along the north line of said Tracts 50A and 64 of said Map of Section 23, parallel with and 30.00 south of, perpendicular measure, the centerline of the abandoried Atlantic Coast Line Railroad (CSX Map Number V12Fla.-8), a distance of 780.30 feet to the northeast corner of said Tract 64; thence, departing said northerly line,-run South 00'39'25" West, along the east line of said Tract 64; o distance of 464.58 feet to the Point of Beginning. The above described parcel of land containing 28.82 acres, more or less. Along with the easement rights over the real property legally described in Exhibit "A-1" attached hereto and incorporated herein and created in that certain Temporary Construction and Cross Easement Agreement recorded in OR Book 2754, Page 2316, Public Records of Lake County, Florida. EXHIBIT A .- ~ LF_~C+V.. pESCRiPTtON: (30' WIOC CROSS ACC1r55 F~SElAEN7) A portion of Tracts 2, and 15A, at Map of Stztion Z6 Townohip 22 South, Rang• 26 Eost, Loks Covn#y Hondo, tAics Higqhlands Company os rocordsd to Plot Book. 3, Pags 52, and o pergen of Trocte 83, and 50A of MoD ut SboUon 23 To.vnship 22 South, Rangy 26 foot„ Lesko County, Fiorillo. Lbk. Hlghlondt Company os recorded in Plot :book 4, Poge 11, both batnq fn tha Public iteeorde o? LAka County, Fforido CO-A1aENCE at ti-e nortfioaot camsr of Sectlan 28, Township 22 Sou#h, Rongs 26 Mast and run South OO'40'12' Wsst, along tha •oat lint o! the northsaat quarter of solo 5t~ction 26, o diatanea of 1103.47 foot to a paint or- tha north right-af-way Clara bf Stott Rood Number 50, dcoordinq: to the Fiaricto f?eportmtnt of Tronapartatfon (FOOT) right-of-xoy m"ap of Scala Rood Nvmb•^ fib, S•ct~on Numbsr 11070-250'5; t •nce, daps ng said •ast sa~tbn i'~nt, rvn North ESYOp'12` Writ, along told north right-of-woy Ifnt, o dfatonca of ti80.32 fa•t to o pokrt on the approximate c•r~t~rtint oe Tiny Moraa Boulav+i,rd irsr d POINT pF BEGIfJNINC; tilynce continua h3orth ..99'09'73" 1Ns•t, ofong acid north right-of-way line o dirto»ce of 30-i)i fett< th•nC•, dlapartiny agjd norih rsgh#-at-way tins. rtrn North 00'25'53` Waat v dititanet oI J X85.27 tot! to #ha north Yn• ar 1`raet 50A of k(op of S•ct'wn 23 Tawnsttep 22 ~out1.. Rangy 26 East, tike County, Ftartdo, Laka iiighidndt Company ae racord.d in ~Piat Book 4, C'crp• 71 of th• Pub13c R•ooTds of t.oks Cavnty, Florida; thence run $outt- 60' IS'IS` Eoat, along the northerly Nn• of Trclot 30J1 of acid lAop of Slsction 23, porblitE with and 30:00 south of, p•rpendiaulor ml,otpn. the G•ntsrtim of th0 oband.onad Atlantic Cooat. Lana Roiirood (CSX Mop NtiR+bwr V72F1o_-O), o diataneo wf 32.89 tsvtt to the otor+sso:d opproseirnat• cmtsrltr-• of Tray Monte iDovlewofd: thence, dspartln9 said roartherly lint, run South Oo'23'SJ~ East, otan~y' ileyid ctpproxJmot• centarfint, a distance of t95x.~a6 feet to .tha POINT OF BE6INNINC3_ Page 6 of 6 ~~ .I :' i i . ~~ p t N . 4 O w ~" w Y i P ~~ ~ ` t' ~ ~ ~ Jq C ~?` ' S'h ~ ti ~~ ~.~'-~ ~ ~ ~t-*~ i 3 ~ s ~- ~ = o F ~ .,~:~C ~ ~ ~ ~ .{ t ~„ T t ~[ O 3},yI Z~k r •~ ~ ~ ~ s~~~ ~~` ~~~~ ~~~ 3 t a } \~, ~ ~~ ~} r z r a ~ > ~ S X 2 ~ U (~ z ~ o -{ a ~ a C ,,I7~ z; ~' I; o ~ ~° ~ y O I o N I ~ ~ N c y ~ Z ~~`~z~ t i'' r~. ~~7 ...~.: :~~,,. x } ~ ;, 7 lit ..~„s ~:» ~_t~ '4p -V L: is . ~t~'.. ~~',= s ~ ? ~~ ~~:;;~ ,~ F ,ti E C i .l i P ~~ ~~~_ ,~ ~~ ~~ ~ ~.~A- ~ ~ ; ~ C,I ~~ ~ `~~F~~ ED4 ~~ ~ A w i ~~S _ ~ ~ *~l ~ ` ~'~~ xs a }~ 4 ..~.k ~c t ~1`I~ 4 A ~~ l~ t 4 ~j`~ h ~' ~ l ~ ~~ ..F~ kE k t i 1. ~~~~,~ t. i t" " ~ J t ~~~ ~~~( ~z<-,@E f ~ Ali k E; ~ ~ f, e,h~ o, ~ r i~ ~~` ~ ~~ ~ ~ wP `~~ ~ ~ ARC r ~ t~~ r~~ ~~ ;~~ ~(~ `~ A tt >At ~' 4 ~ F ~ ~ s .x s j. r p ~ g~~~~ '~[E ~ ~~ ~ n O 9 ~ `c M~ ~ 1`OhVC M .~~ ~ y ~, ~ f j ~ :~ ~ ; ~ i'~ -.2 ~ ~r ~ 1 ~a~ ~I . ~~t E2 E ~ ti f ''' ~ i. ;` ~ ~ A ti ~ " ~ r. {r V ,.~~ {r •3.` ~ fi ~. ,... _ `N ~, O ~ ` O `' \,~ ,~ ~~ k !P T ~ i ~ t ' ~` ` ~ ~ xicn x ~, ~, fi 1 -~jr -YiwO~a . ~ :+ 8 FIt ~~ ~2 $ f ~ 0 v T_ a" ~ ~ t c :c ' ~S MF ~ ' ~'1 _ j•' z _ t_ ''\\ j ~~ ~ _ ~ r ~ 'a ~ 'r `_ ~ _ ` yf f e ~ :~ i~ •L ~~ -~ ~ ~ ` z ~. - ~ ~ x P ~ (~ N ~~ ~ ~ g ~ ~ Y '~ : 5 °' i L ~ i i r ~ ~~ ~ N ~ •• : 1 ~ ~ ~ 1 f1~ d~< 'S a x°~ ~~+. ~ : ~ in ~' ; o ~ (~ I of n IA S ~~ i~ a A ~, _ _ '' m ~j~ - : 2 e, -~ //~ + T~ ~ w ``~ d 1 V ~ I : S , ~ ~a ~v~ :~ 'o :+ .. J _~.~~~ W ^ ~ DISTRIBUTION EASEMENT . r 3. oG eb ss~-~E 4 7.., h:)~ ~e use -.~,.• Tk' • iH15,f:ASEhEN1, Mado thrs day Inawuar, L, A, M1+?yF!1'r )f . _- tln•u boos, n+n:ceanws arnl axpgprs c••(iRANT(Yi•'1, nntt FL(~FtiUA P01YER COA-"QIfATICM, a Florida t+xpareNOn, +ts succressr+rs, lasnmrs and naerpna I~•GRANTEE'•1: Y(ITNESSETH, Tlret, Iw and In consltinrapwl of the mutuM lxmettts, Covrnenis and condlUOns heroin cor+tolned, tiRANTOR grants nM eonvoys in GRANTEE an uasemisM to Install, ollutaln and malntaln m perl»tlmty w ante! Ilxe usrl therr•rd Is ahnndom+d, erx:h IacilrUns as may Inr rNCCassnry w dosnahla la povldrnp alor:tnc anvrlry and vavrce and r:rarrmunn:etrnn sr•rwres; rani hy.Ihlur; In•rnp Iw:atrttl m iMl lallowlrul tlrlacnhnd "Ease.. moot Arna" wr:hm GRANTpR's I,remrsns u+ bake Catully, Fla•dn, to wlt: _n ~,~_fovl+vnL: Cau•n.u,t i+rna+4rl+ln+d as ~ 1y~.11~ J jUtlL - -- - on each side of Grantees facilitles overr across and through the following deacribod property. See attached Legal Uescrlption. r / r i, .: ~ `• :: I • Tir.• rights hnera, granlyd r,r GRAN7FF b+ (;ItANTOFi .p.ahrally nrCludo; la) thr' right for GRANTEE to patnd, rnsirr;r, aIN•r, rnynrrvr!, r••Irvr, n-Ixnlrl, rr•L>.'ah•, .ud n•nxlvr• sdrd IU~IIr11eS; Itl) ttre rlgh[ tot GRANTEE to rncraasn-rrt r1r+c+v+ s+•-IM.-vrrllalR~a+ni-lr. •.h.FrN~~IM=.pnfntriv=and=tyixrllkfxthtras; Icl=tlvf rrpht-for GRAflTEFIo cirlm 1Mr E~sr:nwrnt Arna rA urard, Irvin„ urxN•I~puWlh ern) o1My phys+c•1i drpaas Whrch,+ntlw oplnlo^ d C~1ANT• EE, r•n+47nlprr w +,•Ntrfcrc rtrth Ih.• ;.ah• aril ,•flu.n:nt urctallaturn, rgn•rabon w nramU•rlnr+tl! ul Wald latlhhes; ,\ tdl t11e rlphl la GRANTEE to trim w n•nnwr• .lny Uni+rr ndlnu•n1 to Md nri+rtlr• the Easr•rrwlt Aran which, In Me \\ OprnrMl rrf GRANIEE, eM~lnrr•rs n rnh•tlerr••. write ihr• ~.Ife ant .•Ihru•ni rnstalladon, upwalron a mamtenaneo d sold taCNlUct; lel the n•.row+•nrN• rryht Iw GRANTEE LI r•nher +gNln Innds of the GflANTI~R adlaceni to urd Elserrranl AMa }a tMr p+alxnr, rd r•wen:rsrng IM• rnihtc hry.•rn granted; anA III nN oThM nphts andprlvilr:pus ~~ reasonatlly nrtCessary w r:unvrtmr•n) trr fiRAN1IE•+ sale and ellu:urnt rnstallxlron, oq•raNOn and mamlanarlCn ~~ OI card laerlroas xm) for ttx• ••nrovxx•ot a,nl u!r• ul tianl ••asr•rnrnl Lrr Ihr• purposes dkiCt+lx+d at+ota, GRANTOR M•rrrby r:mr•nanls ant apr.•rrS that nl Iwudrnys, structues w abstacWs texcapt lencoSy shall tx located, rrxrstr•rcted, etcavxNr) w created wrthrn Ibr• QasCmr•nt Aroa. If lorr•rrs Me installed, tray shat tle ~,' plaCrrt so es la a1N7W a ,x17 ai!!ess to [iRANTEE's (•x:rlrLes and provldr a wor-mp sltuc d not lass Ihsn alx I i••M rR'1 on IM rgx•nu+q tircN• ar+G nrx• hart r 1'r nn IM• rrilv•r ttuw• sides of any purl mountrd iranslwmar. II GHANT• OR's lut+te +rMely rN•r•lgrrrw•nt of tlx• Iw.•mrscs r• rn physical conilrct with GRANTEEb lauhirea, GRANTEE ~' O!~' 0 ,° a P t', T ~ -s~llltll/ ;QQ~7, ... ~ I lfla rs.,..q r.r..+1a H. A, t?VftR III • awrr Yr a..r [n.a GM. F4 -..« [.q. +. rr+M Ieia~ri,gl ns s» Isl NV .Ai11 Y 3 3~3 3 N f W 1 a r 9 N N n tr I -~~ ~~; shill, wttMn fill d.Ws rhor trna•gti ui artttwn n:y!x!st Irom GRANTOR, twloc:rie s:nd fanhp,!s ru artotle•r muluatly :gpuod utwwt E.tsr•ne•nt Au•a rn GRAtJTOiT's jM,•MK,•5, ixtronfnd [h;rt p-mr to the reh,rattpn of seta lnr.tlthws 1st GRANiOli shall pay to G1IANTEE Iln! I„II r•><lx:Cieet cost of ihw rrtkx:nbon as'csltmstr,d by GRANTEE, and Ibl GRAtfTllft slwtl aitbCU19 a+td Qehv,er w GRANTEE, .,i rw cost, an :x:raptrl>Ir: sort tr,etXdahlrt r:nsenxent to cover IM mlrtcsluel itx:ihhwc. U(xw, ihr, rextyrlnupn of tMi rvthx:ahon, Iher usscrnunt horurn shall Ixt constdwrrd cancelled as to 1M• ix+t,on vncnted by su.h tnia;alron. QLS QGL~` S GRANTOR covenants not to tmnrlme wrth GRANTEE'a fsCthUas wilhiri thU Easer,rent Aroa to GRANTOh's Ix,tmisaS, and GRANTOR Ittrthnr covenants to trdamnrty and hoia GRANTEE harmloss from arty and ell damages and tnlurtxs, rvltrttmr to ix!raons nr praparly, rnsutirng bem tntar(nrnncn wrth GRANIEQ's lecihttes by GR4NTOl1 a Ity GRANiOR's s(}±Ma d wmplnyrtos, GRANTOR Meroby warrants and covenants (al That GRANTOR is the orr,ter al ihs fete itrtrp(e tills to the gremrsea rn tnhrch Iho shave elascrdwd Easotd.nt Area n iocatRd, Ibl that GRANTOR has lull nght end lawluT auttsgrly to {pant and ronvey ihtR wasemsnt to GRANTEE, anti ic) that GRANTEE shell havo queer and (wscs}ul postrefarnn, usrt aril wnloyntunl of thtc wasntranl, All covenertts,terms, povisrons and condrbtxra hereto concerned shall route and extend to and ba obNp- attry upon the heus~sutxassas. Ia:seas r~rd asa__ ~y_ns d ih~ ies{wcliw~artiat hereto. ._.-. _ _ ___ _ _ IN WITNESS WHEREOF, the GRANTUR's herds and Seale have been htnaunlo afhaed This Gfh day of ITotrembnr , ig E!5 , WITNESSES: _~ ~ '~ 4 STATE OF Flo{},dA i r ss. COUNTY OF Orange t - , .~ - eyer. _ IL.S.1 •j IL.S.I ij - IL.S.f IL.S.I The taagotng xesamt+nl nas ackrwwlwelgad rtwld,• w+r: Uus 4Lh day of fJweihbtrt 19 85 by f„ A. Itle~ter. Jr, os GRANTOR. i ~TMUtI ~~~ /1' ~ s ~. . Notary Publtc hh Corrrrrriaseari Eteprres; "f 1/ f ~~ tM.. , .. Mi ~. .,,.. .. ... - i 711 ltt' Isl ti..tt ~~ . LEGAL pfsSCR~PTIOM: TRACTB b0 A, AND 63, NAP OP SECTION 23, T011NSHIP 22 SUUTN, RANOB 28 SABT, PROPERTY OF LAKE HIGRLAliDB COlIPA11Y AS RBCORDBD IN PLAT BOOK 4, PAaE 11 OF THB PUJ3LIC RSCORD9 OF LAXB COUNTY , PLOR I DA . ~ 9~/~tltiE E! ~~ TBACTS 2, 18 AND 16A NORTH OF STATE ROAD NO. SO Rl(1HT OF MAY AND .NORTH OF XATSR RETENTION AREA, ACCORDING TO TRB PLAT OF LAKE NIa1fI.ANDS COIIP'ANY AF 8BCT10N 26, TOXN88IP 11 80UTH, RNAOB Z9 BABT, AS RECORDED IN PLAT .,OOX 3, PAaB b3 OF TtiS PUBLIC ABCORAB OP I,A1CB CWNTY. FLORIDA. CONTAIAINa TIIBRBITi 18.9 ACR89 IiOR$ OR LH88. .w... ,.tw.. ;y. r, ^ .,r•~ .., .: .. .. ~; .. . '} ';- . -: = ~~ ,.. , •,:;,; .' ~ ~,~ .,~i 7D •tt~iAAi !ill T i~-~~ ~i~~~~i~ia ~.~~~3~t~::~" KNOW ALL MEN 5Y THEBE PRESENTS, Thatths undersigned, thek help, succarsor:~, iasaess and ssai~s ('ORANTOR"), in considerstbn of the mutual be~nofks, covenartta ar-d condftions herein corttalnsd, did prartt and corer; °,= FLORIQA POWER CORPORATi.ON, a Fbrida corporatbn ('t3AA1'C~EE"), P. 0. Bax t 4042, St. Petersburg, Fbrida 33733, and to its srrccasaors,- lessees and aastgru, sn eaaemertt to install, operate and rnakitah h perpetuky or untii the use thereof b abandoned, such taci>hies sa !nay bs rtscsssary ar deskabie for providing electric energy and sarrrice and cartxtxtnicatbn servkes; by GRANTEE or ethers; saki facUhies being bcatsd in the talbwhg described "Easement Area' within GRANTOR'S prarrtieey h LAKE County, Florida to wit: eoox 1331 P~cl 0429 KEC. ~~ RECEJY~ fdR TF ..~~_IXCISE TAXES 04C.-..:.f~.~...1AME5 C. WATKINS iNT -~ CLERK LAKE CO FL BY_ p.C. COt~11rTY ltilr Oli~.Y fJ to A 10 toot wide Easement Area defined as ryinD 6 feet on each aide of the centerurts of GRANTEE'S faelNtiee as dssipned and in7taNed at rmrluatly agreed uppn locatbni Aver, across, and through the toNowing described Propsfty: n Tracts 1, 2, 15, 15A North at Highway Rightwf•1Nay and North of water rertention area, and Tract 18 J Hipttvray Right-of-Way, LAKE HIGHLANDS SUBDIVISION as recorded h Piet Book 3, Pripe tit, PubNc R £ Lake County, Fbrida. Lyinfl aired being in Section 26, Township 22 South, flange 26 Esat. n .~ ; c C -~-~ w n W "~ ' C.cj -C. Tax Parcel fturrtber: 08-22-26-1100-001-000 The rights ltisraln prattled to t319ANTEE try QRAMTOR speelftrsfty Irtttude: !s) ms rfGM for OR1lMTEE to patrol, inspect, utter, improve, repair, rebuild, tebcata, and remove said faciNtba; (b) the right for GRANTEE to increase ur decrease the votlag• and io change the quantity and type of facilltiea; !c) the right for GRANTEE to cber the Easerttertt ArM of trees, limbs, undergrowth end other physical objects which, b the opinion of GRANTEE, endanger or lrttsrtere with the sate and efficient irtsta~stion, operation or maintenance of said taciilties; (d) the right for QRANTEE to trim or remavA arty timber adjacent to but outside tM Easerr~ertt Arew whkh, h ttts opinon at GRANTEE, endangers or htArteres with the sate and effccient hatallatlon, operation or mairntenance of said taeiNtios; (el the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to Bald t:~asement Aree for the purpaae of exercisktp f3i• rights herein granted; and (f) all other rights and prlvpbges rer-aonabie necee~sary or convanMrtt for t3RANTEE's same and affkiertt h:taMatbn, openrtbn and rttatttortance of ssid facWtiss and for the enjoyment and uas of saki ewsement for the purposes described above. QRANTOR hereby .covenants end agrsee that no buildings, structures or obstacles !except isncee) ahaN be located, constructed, excavated or created within iha Easement Rtes. if isncet aro lnataNed, they shell De Pieced so as to :sow ready access to GRANTEl='s iac'dltks end provide a workhg space of not bas than sbc feet {8') on the openhg aide and ores foul {1') Qrt the other three sides of any grid rnourtted tranatotmer. tt ORANTOR's futvrs arderty dwabpmant of tits prsnttses is h phystcat conflict with QRANTEE's tacllitiss, QRANTEE shah, wllhtn 60 days after racefp~t of vrrttien request trom ORAN7'OR, relocate rigid facllitiss to another rrxrtuaNy agreed upon Easement Area kt GRANTOR': prentiset, pravideQ that ptbr to the rebcatbn of said iscilhia to another mutuaiy agreed upon Easerrtertt Ares h f3RANTOR's pnrttfaee, provkled that prior to the relocation of said tacNitles {a) GRANTOR shsK N N. N ~~ r: ~~ ~~ .~ ~~ t~ 1' ~' n m V T?iir OoounMx prepared by C}~Lta F. M1CCT#+I1~1NN l~ Md t~t.ta Dw+t., liorfda Power Corp. ~jl - R O. bx 1iO4T, sr. Ph1KSb~+o. FL aa7~s ~~~ n.,r. flat 1Mt: W A O~.}iwMlw. r+as~ Na! ~• •ti stsf.r <. . ens 1331 ~ 0434 COUNY'Y 1JR 0111l.Y .. pay to GRANTEE ttte fuN axpeatsd tort of the raiacatiasi as erthiat~d by GRANTEE, and Ib) GRANTOR attNl aviceoute a-td dsNwr to GRANTEE, at no cost, an acceptable and recordabN eassrttwtt to cover the relocated facNities. Upon tt>• oorrtNatior) of the nelooatbn, tM sa~srt>•rrt bereft shsN be considored canceNed as to tfi~s portbn vacated by such re+..oca-tlon. GRANTOR covanartta net to krterten vvlM GRAN'fEE's facp)t)ss wfthh the Esaarnartt Arai h GRANTOA'a Warrtleea, and GRANTORiurthercovengitsto ttdsmnity and hold ARANTEE ftarrrdsaa frorrtsny arM N damages and lnjtrrfat, whatlnrto persons a property, rseukhp iron intsdersnce vrith GRANtEE's SacNitles try GRANTOR or by (3RANTOR`s agents a ertvployeie. GRANTOR herby warrant: and covenartta ta) that GRANTOR k tt» owner of the fee aimpla tkis to ttta prarrwasa h w+ticlt the above deecribsd Easetttant Ara b ipcated, ib) thsrt t3RAN70R has fuN right and lavrtul audtorky to grant and convey tltls aeaertterrt to GRANTEE, and (a) that GRAM'EE shah haw qulst and peaceful posaesslon, use sr+d ertJoyrrtertt of t~s Miarrter-t. AE covenants, temts, provisiorta and condRiorw herb corttainsd shah ktura and extend to and be oblFOatory upon the heirs, successors, lessees and ass4pna of the respectlvs partlea hereto. ~' iN YtQTNEBS WHEREOF, the GRANTOR'a hands and sealr haw begirt hareurtto affbced thb 19TH dw pi 3EPT. ~Y . 18 94 f1S' X ~ x wrrurcare. t fl0` b T ~~ • ~ DAHN WF.~ e TOri DUFFY ~^ ylNamas must be typed on or .. each aipnetpro.) STATE OP FLORIDA ) } ss. COUNTY OF ORANGE ~ (Grantorla) rrtrdlfn~ eddrssai ~ ~~ ~ ~ a-t ~~.nz~ ~~ 3~.~~ TTrs torwyofrp Eaesrrterrt was adatowledged before mo thN 19TH ay oT SEl'TIIiDER . ~ g 94 . by C. A. MEYER. JR. -~rtw~lalan stsonalty known to or v+Rw haeAtare produoad as klertt~ication and 'who did/dM not ska an oath. ,(~(1/ ' ' ~~ Datrrta a ~~ ~ ~~ t4otary PtrbMo An oooM s cc~stas t~snes 1 CC391464 Ssriat t~lumber: ~ ~' >9» - My Cocrxr:fssion Exp ~aomnautno'r.~wwwn-'~~e.rc. ($EAII OCtobe~C 22, 1998 _. _ al i sssM? . . aApc ., e ~p„~ 'rte: C1 ty'of G]etmont REC~~ RECElYER Foe , • - Q.~. BOX 120219 7f o7S~ E1iC15E 1~e Clerrnant: FL 34712-0219 ~nR1 ~- -- Prepared by : David A. Yergey, 3r. oEEC anc __._„•._.lt.z_____ . 211 N. ''fa9rsolia Ave, j~ja,~~F3 EASEMENT rrr -- Orl ando, FL 32801 ~wtfs c w,<tKU~. R Kf co. a ~ rrr c.c. THIS AGREi~MENT mad~- and ent~erod into this,,~~ dsty of May. 199, by .and taetw+een C. A. Meyer, Jr., his srucoesso», lassoes mad asrafgnt3 ("C3RAN74R'~ send the CITY 01= Box ~20i29, Cierrtront, Ft Ct.f Rh40NT, a Ftoricta rnt,rn[cip~tl cori~oration. P. Q ~s ~~~0 ~1 s Lb4 ~ its sucxea:<ora, teaseea, and >isafgns ("GRANTEE j. ~•D`; WiTNE3f3ETH, for and in cantfdsration of the mutual benefrts, covenants, and conditions heroin t~ntairted, "GRANTpi~" grants and conveys to "GRANTEE" ~ nonexdusive easement safely for tho censtruciion and matntanance of utiiitios and itx~raas .and egross theneta. Thn faaiitkrs ahoit b4 tocatod upen the faliowin9 dosrrtbed "Esrfement Area" within "GRANTOR'S" prernisea in lake County, Ftoticia, to wit: i~CHISIT "A" - SKETCW OF AREA AND SPFCi1:iC 1~>=GAL DESCRIPTION (ATTA~CMED " S EE C C t Ttae rrghts; heroin granted to "GRANTEE" by "GRANTOR" are limited to: {s) thn riQhi for "GRANTEE" to patrol, otter, improve, ropair, retwifd, rofccaty, and ramovQ said feciiitie:: (ta) tha right for "L3F2F~h1TEE", at "GRANTEE'S" sofa rogt An6 expense, to rleser the EasQrrront Aroa of trues, limbs, send ulxi8r$rowtfi which, in tho opinion of °Gt2ANTEE" endanger-or_intarfere avtth the aefa and of'ieient-installation-opersetian or msintanr~nce of said utilities. "GRANTEE" tees ti1At itlii nonexctuslve esrsernerrt ii safely for the inbtailatitrsrt and ~' " Rholi be ra;ponsibla for romovir~, rapaiting and r rrralrrtenance of utilities. '~GRANYEE ~rn at ks own expense land:coping, sod, pevarrlont, fencing, lrtigAtion, or other irrrprov~atnants' ~-•- o'° x r, Dy "t3RANTOft" in this eat3emont whidt is damaged or destroyed by the "GRANTEE" to - qh 'n a ~ the uao of this ttacsoment. "GRANTOR" rQSer~es fhb rfQht to hstve "GRANTEE" ropisrq aai ~ " " '~ prop+crty dirACtiy wrest ~, fEtl destroyed on "GRANTOR'S" property in an esluAl amount on tho " " ,~~ will rop{acxr iha !: on GR/~NTOk of the "GRANTOR'S" property. In the event this occurs t ~ d iN k TEE" fi " ' " " ' " , ~a,° • `'~° cr7e sir ne wor ~ con w GRAN ax1x:.~se. GRANTOR S property at "GRANTOR S ~ to sod to the easenrant gr8trtted by ''GRANTOR." li damt:f}r,+ accr,ln to sod autaide of a nt, ~' r ''~d "GRANTEE" will ropair s~rno bs diraded by "GRANTOR." "GRANTEIr" wifi Install off waster iinee oar "GRAt~I'TOR'S" property with .a rrlinfmurn of 5' (five feet) of cover b~aipw thtt north edge of Nlghwsy SO gar the •xlsttnp ground tav~t (wh{ch+ever to lower). "f;RANTOR" covenants that "~3iZANTOR" (intaud;na "GI'tANT4R'5" agents or employees) will rrat inierfare rrrith "C3RANTEE';3" ulilitios within tho Eoturnont ~-tes in "t31~3ANTOR'8" pnmfses. i "GRAhiTUR" hQroby w2trrsnia and covenants {A) thset "GRANTOR" is the oyvnvr of tt-s tee ~; rtimpia iiiio to the prsrnl~i in which the at~ovo descrfbrtd IwRSamsnt Ares :t (ccaNd, (D} anti ~, "GRANTOR" has fuN right and lawful reumortty to grant •nd canvsy this •Ar4emint tv "GRANTEE", {c} that "GRAfJTEE" she!! hsvs quiet and psaosfui paaseaslon. use pMa •njvyrrrtnt of thlo etrserr»nt Page 1 dt 3 a o;~s4~:~ 244 "~RANTEF" covonanta and a~roaa first tt~e uaa of the Ease~mont Area by "t3RANTEE" vritt not interfere with "GRAN74R'3" use of the remsindor of "QRANTCC?~'S" property. "`f3A;ANTEE" a9raos to uea tt~ jack and twro tYteth+~d to instx~ the water SirKa under rho exiatittfl intemat .roadway. "CRANTF.E" #graaa to constNd at "t3RANTQR'S" ex~xnsa a `T' cflnnectSon !n the water tine at the nortt~atit comer of the water retention panel. AN aoven~trrta, terms. provMions and condition herein contairsod shall in~auro and ettt+cr-d to arxi btt ofsiignt4ry upon the auocessars, hssaas and assigns of ttfe r'ospectnrs parties hasato. SN Yl~TNES~ WHEREOfi, thm p~rtiea hereto hove oxecuted thie Agreement on th4~ rea~pectiyo dartoa i~rtder vactt si~tnaturo: jS n re-) (Prtntrx! G4UNTY OF QRANGE r.~~_ GRAPITOR: ~Y~ C. A. Mey~ot, Jr. P.O. Box'SS8727 4rtsnda: Ft. 32855=727 Tho foregainfl tnstrurrrnt ~knov~4otf$+ed Moro me #~is .~~tay o[ May 11148, by ~. A. Meyer, ar, wflo is¢ rsonolflcrtow» to rrw]or who has praducod a• icfentt(icatjort and wrf~rt an Qath. r• /U Notary Pubiic p1tWNA M. WFJIY~R Nv+ary PciWt~, Stat• d Fkxid~t My Gomm, E~sp~r~s rJct. 22, 3~i! cromn~, hp. CC 3i?1+tG+t P~ 2 of 3 r - '' . . 1 4.,.1~~a ~ ~o~ ~1~9~ V4~x+~e~s: 4f~1t~i'EE: Ct~Y OF Eit,At~NT ~`. 8Y: ~ ~ ~S~~~? Robert R. Pool ~ h Q r' p o R ~~...~ tts: Mayor tPrfnttt~ t~Jarrw) ~ jL J~,li ......~+r.~..,. MtUtli i '1 ~J I ~h 1~1 ~r~~ii ~ ~iC• ~~ t (PttRt+l4 NAtt1s) ~ AtttahttQf~; ~~ `~' ~a ~ ~- i~_.... ~Y Chrk ~t Clty ot~:tSrmAnt. Fla~i ttotoby attest that tt~lA ~ msrt waa a~~vs~ by tt» City pn4 b ft ~ ~~ pbava was tutharis~rd to ex thh A~err~nt. -- __ qty Clerk STATE 4F' >=1.t?RtnA Ct7tJN'~'Y t?F LAKE Thq.~or~gafny lltiktf~ra Eaeomarn was xckn~f btSbrM m~ tt~s ~ dar of Mtay t ~, by 4 ~?i t ~ ~- ~~•- s. / yrtso la Ferwna~ly kttorw~ to ms a-~vl~o-~ri~raa! a# kfantificatta~. ~c~d~ctP.rc~P! -. _ _~~ rotary P~i1c: Al1~! ~.41A~.O~G~C WMM+rMKk11- GC lM~t er e,'nwnc oo, w~c. AMp~ ~ of 3 • ~oo~ ZS~~ LACE ~`,~Q~ M>~MC. LrAiblt:ty of YtltNnR aYR~nb ar pru-nn~ uncaliyitsptY ~_~ ~ m tMs C~cum~a~6 ~, i ~~ x ~ ;, >: ~ ~ ~ F it ~~ ~ ~ ~~N ,~:s~ ,o..~ ~ > ii~i~ ~' \!~ + 1 !'P100' ~~ ~ ~ ~' ~ ~ ~ ~ `~ ~ ~~ ~ j n ~o ~ ~ { .~ ~ '~ ,.,w.,...,. A M ~ ~ i f ~~ ~~ ~~~ ~ I ~~~~ ~ ~~ ~~~ ~ ~.~REa~1 ~ ~~~ ~ ~~ .. ~~it ~~~a~j~id ~~``~~ ~~ $ ~~ ~~ ~~~ ~ d~l~~t . , . $ ~ ~ ~~~ i M t~, x ~~~~f ~~ R Ate ~ - ~ ~ R i gg ~r~f i~t ~ 6 ~~~ ~ ~ t ~~ ~a~~lw;t ~~ ~ .~ .1 I IIIIIIIIIIg11111i11111111NlIIIIIIIINIIIIIIIIIIIIINI~M ORDINANCE 2002-01 AN ORDINANCE PURSUANT TO CHAPTER 180, FLORIDA STATUTES (1989) CREATING ~~ A TOWN OF MONTVERDE UTILITIES SERVICE DISTRICT; ESTABLISHING THE ~~ ~° ~ ~ BOUNDARIES OF THE DISTRICT; AUTHORIZING THE EXTENSION OF MUNICIPAL ~,^~ UTILITIES WITHIN THE DISTRICT; REQUIRING ALL PERSONS OR CORPORATIONS TO ~ ;~ CONNECT TO THE TOWN WATER SYSTEM WHEN AVAILABLE; PROVIDING FOR ° , SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ~~v ~~~ o ~ ~ WHEREAS, the Town of Montverde owns and operates a central water distribution system, and is considering constructing and operating a central wastewater treatment and collection system; ~Q~ and ~~. ~ ~ WHEREAS, the Town's utility systems are and/or will be capable of delivering water and sewer z ~ervice to areas outside the municipal limits of the Town; and J V WHEREAS, Chapter 180, Florida Statutes, authorizes municipalities to extend their water and wastewater utilities beyond their municipal limits to provide utility services to unincorporated areas within the general vicinity of the municipality; and WHEREAS, Section 180.02 (3}, Florida Statutes, authorizes municipalities to create a utility zone for up to five (5) miles from the corporate limits of the municipality and further authorizes municipal utility system, when available; and WHEREAS, the extension of water and wastewater systems by the Town of Montverde within the subject utility district is environmentally sound and avoids costly duplication of infrastructure, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MONTVERDE, FLORIDA; Section 1: Creation of District. There is hereby created the Town of Montverde Utilities Service District (hereinafter referred to as the "District"). Section 2. District Boundaries. The following lands are hereby included within the District Boundaries: In Township 21 South, Range 26 East, Lake County, Florida: All of sections 26, 35 and 36, lying West of Lake Apopka; The East'/z of the Southeast'/., Section 34. In Township 22 South, Range 26 East, Lake County, Florida: All of sections 1, 2, 11, 12, and 13; The South '/Z, East'/. of the South'/z of the Northeast'/., and Northeast'/. of the Northeast'/4 of the Northeast'/<, Section 3; CFN 2002073162 Bk 02142 Pgs 1014 DATE: 07/15/2002 .TAMES C. WATKINS, LAKE COUNTY kECOkD1NG Ft-E5 17.00 TkUST FUND 2.50 - 1017; (4pgs) 09:34:58 AM CLERK OF COURT OR BOOK 02142 PAGE IOIS All of Section 101ying northeast of the Florida Turnpike; All of Section 14 lying northeast of the Florida Tumpike; All of Section 15 lying northeast of the Florida Tumpike; All of Section 23 lying northeast of the Florida Turnpike; All of Section 24 lying northeast of the Florida Turnpike. A map of the District is attached hereto as Exhibit "A" and made a part hereof. section 3. Extension of Utilities Authorized. The Town is authorized and empowered to extend its water and wastewater utilities, including but not limited to utility lines, booster pumps, wells, storage tanks and treatment facilities, to all areas within the District. i n Connection to Svstem ReSluired Exceptions. All persons, corporations, or other entities developing property {either commercial, industrial, institutional or residential) after the effective date of this Ordinance within the District shall be required to immediately connect to the Town water and wastewater system, where available. Except for: 1)single-family dwelling units in existence on the date of this Ordinance, and 2) water or wastewater customers serviced by a private water utility certified by the Florida Public Service Commission, all persons or corporations living or doing business within the District as of the effective date of this Ordinance shall be required to connect to the Town water system within 180 days of when it becomes available. For purposes of this Ordinance, wastewater service shall be deemed "available" as provided in Section 381.0065(2}(a}, Florida Statutes (2000); and potable water. service shall- be deemed available if service is available within one thousand _(1,000) feet of the developing property. Section_ 5. Utilities of Similar Character Prohibited. Except as otherwise provided by law, no private or public utility shall be authorized to construct within the District any system, work,. project or utility of a similar character to that being operated in the District by the Town unless the Town consents in writing to such construction. Section 6. Severability. Should a court of competent jurisdiction determine that any word, phrase, sentence or paragraph in this ordinance is void, unconstitutional or unenforceable, such determination shall not effect the other terms and provisions of the ordinance which shall be construed and interpreted as if the void, unconstitutional or unenforceable word, phrase, sentence or paragraph were omitted in its entirety. Section 7. Effective Date. This Ordinance shall take effect immediately upon its final adoption by Town Council. 2 OR BOOK 02!42 PAGE 1016 !~ DONE AND ORDAINED this ~_ day of '~Q. !, 2002, in regular session of the Town Council, Montverde, Florida. - .~ .~ ',T~".' r 1 C / ~ ~ _'., ;'; Way~ie Nichols ~ .. S~~ ~ President, Town Council of Montverde r~-~ ~.r _ I` ~ ~ / Iii ~ '•• , ` ~ ~ ; :,~~;~ ~ _ Helen H. Pearce " ' ~' ' Mayor, Town of Montverde. Attest: Denise Noak Town Clerk, Town of Montverde Approved as to form and legality: _~.- _ _ , .. Jimmy D. Cra ord' ~ `~--'~' Town Attorne 3 ;;`~ .¢o ~~;~ -~~ ;~ .•AR BOOH 02142 PAGE 1017 LAKE nPOPKn '•N i 9 i ;~ 1 LAKE !~ ! i APOPKA ~ i i J1 _ _ ~ s~ `~ • GRAPI-IIC SCALE zoo o ,~ ~ ,~ LOT 63 zo 0 tS Cn Cn C,.i m W V) K LOT 2 F LOT 15B (IN FEET ) 1 inch = 200 ft 1 S66 ~8 ~~'' ~ ~'~ ~ \``~ ~r ~ ~ 8089, `~~~~ `~ \~' LOT 64 SEC TION_23 SECTION 26 LOT 1 -------- LOT 16 ~- v- N rn O O ~O O ~f' O O Li N89'06'49"W 680.29' srAn= ~ nw so doors=cnav ~iasazsos~ 7 1 RW VAPoEli SKETCH ON SHEET 1 OF 2 SECTION 24 SECTION 25~~~ z 0 U z W LEGEND. R/W R1GHT OF WAY - CO. COMPANY R.R. RMLRfND SHEET 2 OF PREPARED FOR: TOYOTA OF ORLANDO - ~ ~ D R ~ ~ ^ DATE: DECEMBER, 2004 SCALE:1 200 LNOIN@FA~•lUIIVEY011~•-IANMLII~•/CI[NTI/T1 PROJECT #: 04-0394.004 I Phone: (407) 896-0594 L.B.#2648 n~cir_ti• n wra ('HF(`KRI~• . IRI n e rc acvicinnic .,,,, ,,--• ^-,----• ~-.- - ^ .. . ,,. .. ~ , ~~-~~I:AY R~OBINSON ATTORNEYS AT LAW June 25, 2008 City of Clermont Attention: City Manager P.O. Box 120219 Clermont, FL 34712 SUITE 1400 301 EAST PINE STREET (32801) POST OFFICE BOX 3068 ORLANDO, FL 32802-3068 CLERMONT 7E~ 407-843-8880 Fnx 407-244-5690 KEY WEST gray-robinson.com LAKELAND MELBOURNE ORLANDO TALLAHASSEE TAMPA Re: Title Opinion Letter Supporting Notice of Encumbrance to Annex Property by Clermont Motor Sales, LLC. Dear Sirs: I have reviewed that certain Ownership and Encumbrance Report issued by Chicago Title Insurance Company attached hereto as Exhibit "A" (the "O&E Report") regarding the real property located in Lake County, Florida more particularly described in Exhibit "B" attached hereto. Based solely upon the O&E Report, I am of the opinion that as of June 5, 2008 at 5:00 p.m., fee simple title to the property is vested in: Clermont Motor Sales, LLC, a Florida limited liability company, by virtue of that certain Warranty Deed recorded in Official Records Book 2754, Page 2314, Public Records of Lake County, Florida. Also, the property is free and clear of all encumbrances, except the following: a. Unsatisfied Mortgage or Liens encumbering said property are: 1. Mortgage and Security Agreement recorded in Official Records Book 3571, Page 895, of the Public Records of Lake County, Florida. 2. UCC-1 Financing Statement recorded in Official Records Book 3571, Page 908, of the Public Records of Lake County, Florida. b. Restrictions, Easements, Agreements, Options, and other matters affecting said property are: 1. Restrictions, conditions, reservations, easements and other matters contained in the Plat of Lake Highlands Company, as recorded in Plat Book 3, Page 52, Public Records of Lake County, Florida. 2. Restrictions, conditions, reservations, easements and other matters contained in the Plat of lake Highlands Company, as recorded in Plat Book 4, Page 11, Public Records of Lake County, Florida. \57680\8 - # 1867920 vl GRAYROBINSON PROFESSIONAL ASSOCIATION City of Clermont Attention: City Manager Page 2 3. Distribution Easement to Florida Power Corporation recorded in Official Records Book 954, Page 4, Public Records of Lake County, Florida. 4. Utilities Easement to the City of Clermont recorded in Official Records Book 1644, Page 2203, Public Records of Lake County, Florida. 5. Right of Way for Tiny Morse Boulevard on the West boundary. 6. Temporary Construction, Utility and Cross Easement Agreement recorded in Official Records Book 2754, Page 2316, Public Records of Lake County, Florida. 7. Ordinance #2005-60 recorded in Official Records Book 2946, Page 2358, Public Records of Lake County, Florida. 8. Ordinance # 2005-61 recorded in Official Records Book 2946, Page 2364, Public Records of Lake County, Florida. 9. Distribution Easement to Florida Power Corporation recorded in Official Records Book 1331, Page 429, Public Records of Lake County, Florida. c. Taxes and Assessments: Parcel Number: 0922261100-001-00000 2007 taxes are paid in the gross amount of $41,851.39 Parcel Number: 0922261000-50a-00001 2007 taxes are paid in the gross amount of $7,805.62 Note: This Certificate is made for the purpose of furnishing the information requested by the Lake County Department of Public Works and it is not to be relied upon by any other group or person for any other purpose. Please let me know if you have any questions regarding the enclosed. Sincerely, Gray Robinson, ~s~6so~s - # 1 s6~9zo ~i GRAYROBINSON PROFESSIONAL ASSOCIATION City of Clermont Attention: City Manager Page 3 EXHIBIT "A" O&E REPORT ~s~6so~a - # i s6~92o ~~ JUN-12-2008 14 83 CHICAGO TITLE p, 01 Chicago Title Insurance Company 495 State Road 436, Casselberry, FL 32707 (407)875-3000 Fax {407)875-0510 OWNERSHIP AND ENCUMBRANCE REPORT DATE: June 12, 2008 AGENT ORDERlFILE NO: /630800454 TO: Gregg R. Lehrer, Esquire GrayRobinson, P.A. 301 E. Pine Street, Suite 1400 Orlando, FL 32801 RE: Legal Description: See Exhibit "A" attached Chicago Title Insurance Company does hereby certify that a search of the Public Records of Lake County, Florida from a date of April 15, 1978 at 05:00-PM, through and including the date of June 5, 2008 at 05:00-PM, on the land described above or shown on Exhibit A: That record title to the land as described and shown on the attached description is in the name of: Clermont Motor Sales, LLC, a Florida limited liability company, by virtue of Warranty Deed recorded in Official Records Book 2754, Page 2314, Public Records of Lake County, Florida. The following mortgages and/or hens that affect the attached description, not satisfied or released of record: Mortgage and Security Agreement recorded in Official Records Book 3571, Page 895, Public Records of Lake County, Florida. UCC Financing Statement recorded in Official Records Book 3571, Page 908, Public Records of Lake County, Florida. OTHER MATTERS of record: 3. Restrictions, conditions, reservations, easements and other matters contained on the Plat of Lake Highlands Company, as recorded in Plat Book 3, Page 52, Public Records of Lake County, Florida. 4. Restrictions, conditions, reservations, easements and other matters contained on the Plat of Lake Highlands Company, as recorded in Plat Book 4, Page 11, Public Records of Lake County, Florida. 5. Distribution Easement to Florida Power Corporation recorded in Official Records Book 954, Page 4, Public Records of Lake County, Florida. 6. Distribution Easement to Florida Power Corporation recorded in Official Records Book 1331, Page 429, Public Records of Lake County, Florida. 7. Utilities Easement to the City of Clermont recorded in Official Records Book 1644, Page 2203, Public Records of Lake County, Florida. 8. Right of Way for Tiny Morse Blvd. on West boundary. 9. Temporary Construction, Utility and Cross Easement Agreement recorded in Official Records Book 2754, Page 2316, Public Records of Lake County, Florida. JUN-12-2008 14 03 CHICAGO TITLE P.02 10. Ordinance #2005-60 recorded in OfFicial Records Book 2946, Page 2358, Public Records of Lake County, Florida. 11. Ordinance #2005-61 recorded in Official Records Book 2946, Page 2364, Public Records of Lake County, Florida. Tax Information: Account Number: 0922261100-001-00000 2007 taxes are paid in the gross amount of $41,851.39 Account Number: 0922261000-50A-00001 2007 taxes are paid in the gross amount of $7,805.62. Chicago Title Insurance Company has provided this search to the customer for its use only and disclaims liability to any other party who may choose to rely upon same. This search is not a title insurance policy. If the customer intends to obtain title insurance, then a request for title insurance should be made to Chicago Title lnsurance Company in lieu of this search. The customer acknowledges and agrees that in the event of any error or omission by Chicago Title Insurance Company which results in loss to the customer, Chicago Title Insurance Company`s liability shall not exceed the lesser of the customer's actual loss or damage, or $1,000.00, whichever is less. The customer certifies that he has read and understands all of the terms, limitations and conditions described herein. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this certificate to be signed by an authorized signatory this 12th day of June, 2008. Prepared by: t~ Chicago Title INSURANCE COMPANY Gary D. Gauthier GRAYROBINSON PROFESSIONAL ASSOCIATION City of Clermont Attention: City Manager Page 4 EXHIBIT "B" REAL PROPERTY ~s~6so~g - a is6~9zo ~~ SKETCH AND DESCRIPTION TOYOTA OF CLERMONT (REMAINING PARCEL) LAND DESCRIPTION TRACT 1 AND A PORTION OF TRACTS 2, 15A, 16, AND RIGHT OF WAY {UNIMPROVED) AS SHOWN ON "MAP OF SECTION 26 TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LAKE HIGHLANDS COMPANY" AS RECORDED IN PLAT BOOK 3, PAGE 52 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING NORTH OF STATE ROAD NUMBER 50 R#GHT-OF-WAY AND A PORTION OF TRACTS 50A, 63, 64 AND RIGHT OF WAY (UNIMPROVED) AS SHOWN ON "MAP OF SECTION 23 TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LAKE HIGHLANDS COMPANY" AS RECORDED iN PLAT BOOK 4, PAGE 11 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DE5GRIBED A5 FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECT10N 26, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LAKE COUNTY, FLORIDA; THENCE SOUTH 00'40'12" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 1183.47 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) RIGHT-OF-WAY MAP, SECTION NUMBER 11070-2505; THENCE DEPARTING SAID EAST LINE, NORTH 89'09'12" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 680.32 FEET TO A POINT ON THE APPROXIMATE CENTERLINE OF "AUTO FLEX LANE" (FORMERLY KNOWN AS "TINY MORSE BOULEVARD"); THENCE NORTH 00'2553" WEST ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 1739.20 FEET; THENCE SOUTH 89'09'48" EAST, A DISTANCE OF 319.54 FEET TO A POINT ON THE SOUTH LINE OF THE ABANDONED 200 FOOT WIDE RIGHT OF WAY FOR THE ATLANTIC COAST LINE RAIL ROAD AS SHOWN ON CSX MAP NUMBER V12 FLA.-8; THENCE NORTH 66'13'46" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 350.25 FEET TO A POINT ON THE AFORESAID APPROXIMATE CENTERLINE OF "AUTO PLEX LANE"; THENCE NORTH 00"25'53" WEST ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 76.75 FEET TO A POINT ON THE NORTH LINE OF AFORESAID TRACT 50A; THENCE SOUTH 66'13'46" EAST ALONG THE NORTH LINE OF SAID TRACT 50A AND AFORESAID TRACT 64 AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 780.30 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. ~) OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY FLORDIA; THENCE SOUTH 00'39'25" WEST ALONG SAID EAST LINE, A DISTANCE OF 464.58 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATES IN LAKE COUNTY, FLORIDA AND CONTAINS 28.32 ACRES, MORE OR LESS. SURVEY NaTES 1. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM AND ARE BASED ON THE NORTH LINE OF TRACT 64 BEARING SOUTH 66'13'46" EAST. 2. THE LAND DESCRIPTION WAS PREPARED BY THE SURVEY FROM INFORMATION PROV#OED TO THE SURVEYOR BY THE CLIENT. 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS SURVEY WAS NOT ABSTRACTED BY THE SURVEYOR AND IS SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS, AND RESERVATIONS OF RECORD. 5. THIS IS A SPECIFIC PURPOSE SKETCH ANO DESCRIPTION FOR PARCEL DELINEATION PURPOSES ONLY. THIS iS NOT A BOUNDARY SURVEY. 6. ABBREVIATION LEGENO: P.B. =PLAT BOOK; PG =PAGE; R/W =RIGHT OF WAY; CCR =CERTIFIED CORNER RECORD; SURVEYQRS cERTIFICATE THE SPECIFIC PURPOSE SKETCH AND DESCRIPTION SHOWN HEREON WAS PERFORMED IN ACCORDANCE WITH THE MWIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61 17-6 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. /'~ -~j MARK S. CAULFIELD, P.S.M. DATE: PROFESSIONAL SURVEYOR AND MAPPER SHEET ~ O F-J FLORIDA REGISTRATION N0. 4606 ~CL2Gr? ;f2et~.C~ c~C ASSOC2C#Gr~f2S, jnc, DATE: JUNE 12, 2008 ~ Professional Surveying and Mapping SCALE: 1 INCH = 200 FEET 405 West Central Parkway, Suite 1010 PROJECT NUMBER: 07-824 Altamonte Springs, FL 32714 Phone: (407) 889-9989 PROJECT NAME: TOYOTA OF CLERMONT Fax: (407) 869-9337 DRAWING NAME: 07824SKETCH2.DWG SKETCH AND DESCRIPTION TOYOTA OF CLERMONT (REMAINING PARCEL,) ~ ,, A rL~~ric ~~ er s~ ~., ~., ~A N 00'~ 5~5 3„ 76.75 ~. TRACT 50A PARK PARCEL M U d ~IN~. R.R , tc,SX Mq~ e,~N~ ~~2 ~' a> FAA ~ ~ r it Q2S, . AF ~'~ ~ 8~ c7() q~~~yr~ ~ p,q'~44 0' ~'sEy I tti ncCo~`k~iw ~,4~pAa~a~ ~ U~ 'Fti ]! J I y. ~4 S~~ ~ ~ N i ~ ~ h~ MAP OF SECTION 23 ~' TOWNSHIP 22 SOUTH ~~' RANGE 26 EAST ~~ . 1 ~~ ~ "LAKE HIGHLANDS COMPANY" ~" j (PLAT BOOK 4, PAGE 11) ;~~ ~ z TRACT 64 ~ D 7 Q I~ ~ ~ 3Z 3 ) x ~'~ ~ ~ N d ~I ~-~} O ~l ~~.~ a Q .. <. ~ ~ .~ a t!') N tdT ~N 'O ~ N=~ O ~ ~;"tx~.,ctfietd ~c Assacia~~s, 1~r~,c~ Professional Surveying and Mapping 405 West Central Parkway, Suite 1010 Altamonte Springs, FL 32714 Phone: (407) 869-9989 Fax: (407} 869-9337 ~~ ~ ~~ ~~ z~ z~ ~~ 1- F ~~ d= UJ d- O Zv O 3 \N N yj N ~M W N ~~ Z ~ Nn ~Ne ~ U N~ mWN y. 2 O a ~' SHEET 2 OF 3 DATE: JUNE 12, 2008 SCALE: 1 INCH = 200 FEET PROJECT NUMBER: fl7-824 PROJECT NAME: TOYOTA OF CLERMONT DRAWING NAME: 07824SKETCH2.DWG N..l.~ ~ t.~ 1 1 A N~ _1J L:r ~ ~ ~1 ~1 tl N T ~ Y~D TA 0 ~' C'L ~'RMQNT (RE11IA.~NN~ .PA R C~'L,} TRACT 64 1 V __ __- -~___ _ _ ___ _ ~ __~ _~>~-~-~-~~~- - . e _ _ .~ . . s _ Q ~a ~, Q~ ~ z. = u~ W~ ~ ~~~ ~~ ~~ WYE L1. ~ ~i d' ~~ ~ i N © ~ p . V ~ ~ F Q ~ ~ ~ E- d' Q . tal N ,~ 2 ~ ~ C Z ZNZ ~ O c- ~ ~ N Z N ¢p ~ ~ 'CJ ~ ~ ~ N O ° z ~ ov ~W ~a I --.. ~... _~__.. ~..__. ~_ I I cV N ~w_N._ fl ~ T_T~t,I,N~._ _ ___ ___ _ ~j ____~ .,,~_ _ ~ ~ ~ O O v Z ~ ~ ~ d ~ ~ 2 E- ( ~ U ~ t~ ~~ ~ W J Q ~ fi ~ + x a LV F- ~ ~ ~ ~ W .-- Q U `~' € U ~ ~ ~Q d• C7 ~ ~ a in o: =~N~ a ~~~ mz ~~ ~ v z 0 ~- ~ NORTH RIGHT OF WAY UNE ~ 684.32' I STATE ROAD No. 50 (FOOT SEC"PION 11470--2505 _ RIGHT OF WAY VARIES) SOUTH UNE NE 1/4 NE 1/4 SEC 26-22-28 sHEE~r :~ a~ t,~'CL2,L~~2GZGL~ c4C ASSOC2(X,~G~S, 17LC. DATE: JANE 12, 2008 Professional Surveying and Mapping SCALE: 1 INCH = 200 FEET 405 West Central Parkway, Suite 1010 PROJECT NUMBER: 07-824 Altamonte Springs, FL 32714 PROJECT NAME: TOYOTA OF G~ERMONT Phone: (407) 869-9989 Fax: (407} 869-9337 DRAWING NAME: 07824SKETCH2.DWG GRAYIROBINSON ATTORNEYS AT LAW Gregg R. Lehrer Board Certified Real Estate Attorney 407-843-8880 GLEHRER C7,GRAY-ROBINSON.COM SUITE 1400 301 EAST PINE STREET (32801) P.O. Box 3068 ORLANDO, FL 32802-3068 TEL 407-843-8880 rnx 407 244-5690 gray-robinson.com July 1, 2008 VIA FEDERAL EXPRESS Mr. Darren Gray Assistant City Manager, City of Clermont 685 West Montrose Street, 3rd Floor Clermont, Florida 34711 CLERMONT FORT LAUDERDALE JACKSONVILLE KEY WEST LAKELAND lL~ELBOURNE NAPLES ORLANDO TALLAHASSEE TAMPA Re: Water and Wastewater Service Agreement dated May 27, 2008 by and between the City of Clermont and Clermont Motor Sales, LLC (the "Service Agreement"). Dear Mr. Gray: Enclosed please find my updated and revised Title Opinion Letter which supports the Notice of Encumbrance to Annex Property by Clermont Motor Sales, LLC. Please let me know if you have any questions regarding this matter. Very truly yours, Gregg R. L cc: Paul Chipok, Esq. \57680\8 - # 1905077 vl