2003-33
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REAL ESTATE PURCHASE AGREEMENT
-BELLCERANUCSPROPERTY-
This REAL ESTATE PURCHASE AGREEMENT ("Agreement") is made and
entered into as of this ~I day of Nov,..",,2003 by and between Bell Ceramics, Inc., and whose
U.S. Taxpayer Identification Number is c:?J- /'1:;-"(.01'/ and whose address is 197 Lake
Minneola Drive, Clermont, Fla. 34711; ("SlUer"), and THE CITY OF CLERMONT, a Florida
municipal corporation organized and existing under the Constitution and laws of the State of
Florida ("Purchaser"), whose address is City Hall, One Westgate Plaza, P. O. Box 120129,
Clermont, FL 34712.
WITNESETH
WHEREAS, Seller is the fee simple owner of a certain parcel of real property located in
Lake County, Florida and any and all improvements, fixtures and appliances located thereon
("Property"), being more particularly described on Exhibit "A", attached to this agreement and
by this reference made a part hereof:
WHEREAS, Purchaser desires to acquire the Property for public purposes, and
WHEREAS, Seller desires to sell to Purchaser, and Purchaser desires to purchase from
Seller, the Property upon the terms and conditions set forth herein.
, NOW THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) in
hand paid by Purchaser to Seller, the mutual èovenants and agreements herein set forth, and
other good and valuable consideration, the æceipt, adequacy and sufficiency of which are hereby
expressly acknowledged by the parties hereto~ Purchaser and Seller hereby covenant and agree as
follows: '
1, Recitals, The foregoing recitals are true and correct and, are incorporated herein
by this reference,
2. Agreement to Buy and Sell. Seller agrees to sell to Purchaser and Purchaser
agrees to purchase from Seller the Property, as described on Exhibit "A", attached hereto and
incorporated herein, consisting of the property described above" in the manner and upon the
terms and conditions set forth in this Agreement. Building is being sold in "AS IS" cond!tion.
3. Purchase Price, The purchase price to be paid þy Purchaser to Seller for the
Property is: $1,500,000 ("Purchase Price"), which Purchase Price shall be paid by Purchaser to
Seller at Closing (as defined in Section 8(a) below) in the following sequence: $700,000 paid by
purchaser on the date of closing; execution of a promissory note from purchaser to seller in the
principal sum of $800,000, payable by purchaser from non-ad valorem as follows: $400,000
payable on or before 11/:1.//0C¡ if this transaction closes on or before II /~IIO3 ,
or one year after the date of élosing if later than I,/;J' / 0.3 (the "first installment"); and,
$400,000 on or ,before one year after the first i~stallment payment. All payments shall be made
by Purchaser's check, The initial paymenklt the closing of this transaction shall be subject to
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appropriate credits, adjustments and pro-rations as provided in this Agreement.
Price represents the full compensation to Seller for the Property,
The Purchase
4.
Purchaser's Right of Inspection.
A). At all times before Closing, Purchaser shall have the privilege of going upon the Property
with its existing or prospective agents, employees, contractors, consultants and engineers, as
needed, to inspect, examine, appraise, survey and otherwise undertake those actions which
Purchaser, in its discretion, deems necessary or desirable to determine the suitability of the
Property for its intended use, and the condition of any improvements, fixtures and appliances
which form a part of the Property.
B. Said privilege shall include, without limitation, the right to make surveys, soils tests,
borings, percolation tests, compaction tests, environmental tests, all phases of testing to
determine the presence of hazardous or toxic substances and tests to obtain any other information
relating to the surface, subsurface and topographic conditions of the Property.
C, Said privilege shall also include tests or inspections to obtain any information related to .
the improvements fixtures and appliances which form a part of the Property, which, may include,
without limitation examinations to determine. in advance the method to secure, remove or
demolish said improvements when vacated,
D. As used herein, "hazardous substances" shall mean and include all hazardous and toxic
substances, wastes or materials, any pollutants or contaminants (including, without limitation,
raw materials which include hazardous components, except as listed in Exhibit B), or other
siniilar substances, or materials which are included under or regulated by any local, state or
federal law, rule or regulation pertaining to environmental regulation, contamination or clean up
("Hazardous Substances").
E, In the event Purchaser determines that such reports, tests, surveys, or other information
obtained by Purchaser regarding the Property are not satisfactory to Purchaser in its discretion,
Purcha~er may terminate this Agreement, both parties thereby being relieved of all further rights
and obligations hereunder.
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F. In conducting inspections as provided herein, Purchaser shall not unreasonably damage
the Property, and shall repair any material damage caused to the Property. Any entry on the
Property made by Purchaser, its employees, consultants, engineers, contractors or agents, shall
be at the sole cost to Purchaser, and Seller shall have no liability for any injuries or damages
sustained by Purchaser, its employees, consultants, engineers, contractors or agents, or any other'
third parties, which are not due to the intentional acts of Seller,
5. Evidence of Title At any time before Closing, P:urchaser may, at Purchaser's
sole cost and expense, order a title commitment from Dennis L. Horton, P ,A. for a policy of
owner's title insurance ("Commitment"), which shall be written on a title insurance company
reasonably satisfactory and acceptable 10 Porc~er. r ~
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A Purchaser shall have fifteen (15) days from the date of receipt of the Commitment to
examine same and notify Seller of any defects, a defect being a matter which would render title
unmarketable or is otherwise unacceptable to Purchaser
B. Therefore seller shall have thirty (30) days from receipt of such notice from Purchaser
within which to remove such defects(s), an<f; if Seller is unsuccessful in removing same within
said time period, Purchaser shall have the option of (i) accepting title to the Property as it then is,
(ii) curing such defect, in which event the Purchase Price shall be reduced by an amount equal to
the actual cost and expense incurred Purchaser in connection with curing such defect, or (iii)
terminating this Agreement, whereupon each party shall then be released of all further
obligations hereunder.
C. Seller agrees that, if title to the Property is found to be unmarketable or otherwise
unacceptable to Purchaser, Seller will use its best efforts to correct the title defects(s) within the
thirty (30) day period provided above.
D. In the event any of the foregoing time periods extend beyond the Closing Date (as
defined in Section 8(a) below), Purchaser shall have the option to extend the Closing Date
accordingly per day if the delay in the closing is permitted by this section or by another provision
of the Agreement.
E. Between the execution of this Agreement by Seller and the Closing, Seller shall not
cause, either by action or omission, additional matters to affect the Seller's title to the Property or
any interest therein, unless Purchaser has cl.~nsented thereto writing, which consent shall be in
Purchaser's sole discretion.
F. At Closing, Purchaser shall pay the premium for the owner's title insurance policy to be
issued,
6. Survey. Purchaser shall have the right, at any time before Closing, to have
the Property surveyed at its sole cost and expense ("Survey'). Any survey exceptions or matters
not acceptable to Purchaser shall be treated as title defects.
7. Conditions to Purchaser's Obligations. In addition to any other conditions to
Purchaser's obligations set forth in this Agreement, Purchaser's obligation to purchase the
Property and pay the Purchase Price to Seller is conditioned upon (i) Purchaser may conduct, at
its expense, a Phase I and Phase II environmental audit of the Property; (ii) In the event that as a
result of said environmental audits environmental contamination of the Property is discovered,
the Seller shall remove or abate such environmental contamination as is required by state, local
or federal environmental requirements or regulations up to a cost of $50,000. (iii) If such
environmental contamination cannot be abated by seller, within the time frame set forth herein or
agreed to by Purchaser and Seller, then Purchaser may at Purchasers options, terminate this
agreement.
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Closing Date and Closing Procedures and Requirements.
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(a) Closing Date. The closing of the purchase and sale contemplated under
this Agreement ("Closing") shall be held no later than , at the City Hall, 685
Montrose Street, Clermont Florida, or such other place as the parties agree, provided that within
fifteen (15) days prior to said closing after Purchaser obtains a title insurance commitment in
accordance with paragraph 5 or such other ~arlier date selected by Purchaser upon not less than
five (5) days written notice to Seller at the offices of Purchaser, Purchaser's attorney or any other
place in Lake County designated by Purchaser, provided specifically, however, that the closing
date may be extended for su~h time acceptable to Purchaser to provide sufficient time for Seller
to achieve compliance with the requirements of Paragraphs 4,5 and 7 of this Agreement, but not
beyond December 31,2003. .
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(b) Conveyance of Title. At Closing, Seller shall execute and deliver to
Purchaser a general warranty deed ("Deed") conveying fee simple marketable record title to the
Property to Purchaser, free and clear of all liens, general and special assessments, easements,
reservations, restrictions and encumbrances. except those expressly agreed to by Purchaser in
writing, In the event any mortgage, lien -'or other encumbrance encumbers the Property at
Closing and is not paid and satisfied by Seller, such mortgage, lien or encumbrance shall, at
Purchaser's election be satisfied and paid from the Purchase Price proceeds. Seller and
Purchaser agree that such documents, resolutions, and certificates as may be necessary to carry
out the terms of this Agreement shall be executed ~d/or delivered by such parties at Closing,
including, . without limitation, a Seller's affidavit in form sufficient to enable Purchaser's title
company to delete all standard title exceptions from Purchaser's title policy, should Purchaser
elect to obtain a title policy, and a certificate duly executed by Seller certifying thåt Seller is not
a foreign person for purposes of the Foreign Investment in Real Property Tax Act ("FIRPTA") as
revised by the Deficit Reduction Act of 1984 and as same may be amended from time to time,
which certificate shall include Seller's Taxpayer Identification Number and address or a
withholding certificate from the Internal Revenue stating that Seller is exempt from withholding
tax on the Purchase Price under FIRPT A.
(c) Conveyance of Possession, Seller shall retain possession of the Property
beyond Closing for Seller's exclusive possession for a period not longer than two years from the
date of the Closing provided Seller executes a lease in a form substantially similar to the form set
forth in Exhibit "C", attached hereto, Seller shall have right to remove fixtures and personal
property from building when they vacate. Upon. vacating seller shall remove all equipment and
personal property,
(d) Prorating Taxes and Assessments, Seller shall pay all taxes,
assessments and charges applicable to the Property for all years or part thereof prior to the day of
Closing, At Closing, Seller will pay to Purchaser or the closing agent, by credit to the Purchase
Price or otherwise, Seller's prorated share of all taxes, assessments and charges as determined by
the Lake County Property Appraiser, the Lake County Tax Collector and/or other applicable
governmental authority for the year of Closing.
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( e) Closing Costs, Seller shall, at Closing pay all real property transfer and
transaction taxes and levies, including documentary stamps on the Deed, if any, relating to the
purchase and sale of the Property. Purchaser shall pay at the closing, the cost of recording the
Deed and all costs pertaining to the Commitment and a title insurance policy insuring title to the
Property, if obtailled by Purcbaser and all of the ;sts and expeoses associated with the Survey, ø
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should Purchaser elect to obtain the Survey. Each party shall pay its own attorney's fees and
costs in connection with this Agreement and the Closing. All other costs incurred at Closing
shall be borne by the parties in accordance with the customs and usage in Lake County, Florida,
9, ' Maintenance of Property, Fr'7Im and after-the Effective Date and until the closing
Seller will keep and maintain all the Property in the condition in which it existed as of the
Effective Date, ordinary wear and tear excepted, and will comply with the abide of all laws,
ordinances, regulations and restrictions affecting the Property or its use. Seller will pay all taxes
and assessments relative to the Property prior to the earlier of the due date thereof or Closing.
From and after the Effective Date, Seller shall not offer to sell the Property to any other person
or entity or enter into any verbal or written agreement, understanding or contract relating to the
sale or conveyance of the Property or any interest therein,
10. Warranties and Representations of Seller: To induce Purchaser to enter into
this agreement and to purchase the Property, Seller, in addition to the other representations and
warranties set forth herein, makes the following representations and warranties, each of which is
material and is being relied upon by Purchaser and shall survive Closing:
(a) That Seller owns fee simple marketable record title to the Property, free
and clear of all' liens, special assessments, easements, reservations, restrictions and
encumbrances other than those shown in the Commitment, and there are no tenancy, rental or
other occupancy agreements affecting the Property, and Seller shall take all steps necessary to
. tenninate any existing leases and deliver the Property to Purchaser free of any leases or ,tenancies
on or before the Closing Date. '
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(b) That there are no actions, suits or proceedings of any kind or nature
whatsoever, legal or equitable, affecting the Property or any portion thereof or relating to or
arising out of the ownership of the Property, in any court or before or by any federal, state,
county or municipal department, commission, board, bureau, or agency or other governmental
instrumentality, unless such action has been commenced by Purchaser.
(c) Seller has the full right, power and authority to enter into and deliver this
Agreement and to consummate the purchase and sale of the Property in accordance herewith and
to perfonn all covenants and agreements of Seller hereunder.
(d) Seller has no knowledge or notice that any present default or breach exists
under any mortgage or other encumbrance affecting the Property'or any covenants, conditions,
restrictions, rights-of-way or easements which may affect the Property or any portion or portions
thereof, or that any condition or circumstance exists which, with the passage of time and/or the
giving notice, or otherwise, would constitute or result in a default or breach under any such
covenant, condition, restriction, rights-of-way or easement.
(e) Seller has not used the Property, and Seller has not received any notice
and has no knowledge that the Property has ,rver been used by previous owners and/or operators
of the Property, to generate, manufacture, renne, transport, treat, store, handle or dispose of an
Hazardous Substances other than those included on Exhibit "B". If other infonnation is made
known to Seller or Purchaser, disclosing the existence on the Property of environmental
Hazardous substances, then Seller shall contract, prior to closing, for the services of a State
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certified environmental contractor recognized by the Florida Department of Environmental
Protection (DEP) to conduct an environmental assessment and clean up to obtain a DEP
clearance up to a cost of $50,000, If cleanup costs are estimated to exceed $50,000, Buyer shall
have the option "to either assume responsibility of additional cleanup costs or cancel the Purchase
Agreement.
Seller has no knowledge of the Property having ever contained nor does it now contain
PCBs or other toxic or hazardous materials, except as listed in Exhibit "B whether used in
construction or stored on the Property, and Seller has not received a summons, citation, directive,
letter or other communication, written or oral, from any agency or Department of the State of
Florida or the United States GovernmeÌlt concerning any intentional or unintentional action or
omission on Seller's part, or known to Seller, which has or had resulted in the releasing, spilling,
leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances on the
Property, "
(f) To sellers knowledge, there are no Hazardous Substances, pollutants,
contaminants, petroleum products or by-products, or other substances, whether hazardous or not,
on or beneath the surface of the Property which Seller or any other person or entity has placed or
caused or allowed to be placed upon the Property, and which have caused or which may cause
any investigation by any agency or instrumentality of government, which are or may be on the
Property in violation of any law or regulation of any local, state or federal government or which
are or may be a nuisance of health threat to occupants of the Property or other residents of the
area.
(g) No person, finn or other legal entity other than Purchaser has any right or
option whatsoever to acquire the Property or any portion thereof or any interest therein.
(h) That the execution and delivery of this Agreement and the consummation
of the transaction contemplated herein shall not and do not constitute a violation or breach by
Seller of any provision of any agreement or other instrument to which Seller is a party or to
which Seller may be subject although not a party, or result in or constitute a violation or breach
of any judgment, order, writ, injunction or decree issued against Seller,
(i) Seller asserts it is an active corporation in accordance with the laws of the
State of Florida and that this Agreement has been authorized and approved by Sellers ~orporate
authorities,
G) That each and everyone of the foregoing representations and warranties is
true and correct as the Effective Date, will remain true and correct throughout the tenn of this
Agreement, and will be true and correct as the Closing Date.
(k) In the event that changes occur as to any infonnation, documents or
exhibits referred to in the subparagraphs of this section, or in any other part of this Agreement, of
which Seller has knowledge, Seller will immediately disclose same to Purchaser when such
knowledge is first available to Seller, and in the event of any change which may be deemed by
Purchaser to be materially adverse Purchaser may, at its election, tenninate this Agreement.
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11. Default. In the event either party breaches any warranty or representation
contained in this Agreement, or fails to comply with or performs any. of the covenants,
agreements, obligations or otheJ; requirements of this Agreement to be performed by such party
under the terms and provisions of this Agreement, the non-defaulting party, in its sole discretion,
shall be entitled to: (i) exercise any and all rights and remedies available to it at law and in
equity, including without limitation, the right of specific performance, or (ii) terminate this
Agreement. Upon any such termination, this Agreement and all rights and obligations created
hereunder shall be deemed null and void and of no further force or effect.
. 12, Notices. Any notices which may be permitted or required hereunder shall be
in writing and shall be deemed to have be~~n" duly given as of the date and time the same are
personally delivered or transmitted electron1;~ally (i.e. by telecopy device), or within three (3)
days after depositing with the United States Postal Service, postage prepaid by registered or
certified mail, return receipt requested, or within one (1) day after depositing with Federal
Express or other overnight delivery service from which a receipt may be obtained, and addressed
as follows:
Purchaser:
The City of Clermont
c/o The City Manager
685 West Montrose Street
Clermont, FL 32712-0219
Telephone: (352) 394-4081 Ext. 300
Seller:
Bell Ceramics, Inc.
Attn: Mark Hettinger
197 Lake Minneola Drive
Clermont, Fla, 347711
T~lephone 352-394-2175
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Or to such other address as either party hereto shall from time to time designate to the other party
by notice in writing as herein provided.
General Provisions.
A. No failure of either party to exercise any power given hereunder or to insist upon strict
compliance with any obligation specified herein and no custom or practice at variance with the
terms hereof, shall constitute a waiver of either party's right to demand exact compliance with
the terms of this Agreement. This Agreement contains the entire agreement of the parties hereto
ap.d no representations, inducements, promises or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. Any amendment to this Agreement
shall not boe binding upon any of the parties hereto unless such amendment is in writing and
executed by Seller and Purchaser, The provisions of this Agreement shall inure to the benefit of
and be binding upon, the parties hereto, their successors or assigns, Wherever under the terms and
" provisions ofthis Agreement the time for performance falls upon a Saturday, Sunday, or legal
holiday, such time for performance shall be extended to the next business day, This Agreement
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may be executed in multiple counterparts, each of which shall constitute an original but all of
which taken together shall constitute one and;i~he same agreement.
B. Seller and Purchaser do hereby covenant and agree that such documents as may be
legally necessary or otherwise appropriate to carry out the terms of this Agreement shall be
executed and delivered by each party at Closing, This Agreement shall be interpreted under the
laws of the State of Florida, The parties hereto agree that venue for any legal action authorized
hereunder shall be in the courts of Lake County, Florida. Time is of the essence of this
agreement and each and every provision hereof.
14, Attorney's Fees, In the event of any dispute hereunder or of any action to
interpret or enforce this Agreement any provision hereof or any matter arising here from, the
prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but
not limited to witness fees, expert fees, consultant fees, attorney (in-house and outside counsel)
paralegal and legal assistant fees, costs and expenses and other professional fees, costs and
expenses whether suit be brought or not, and whether in settlement, in any declaratory action, in
mediation, arbitration or bankruptcy, at trial or on appeal.
15. Waiver of Jury Trial. SELLER AND PURCHASER VOLUNTARILY WAIVE
A TRIAL BY JURY IN ANY LITIGATION OR ACTION ARISING FROM THIS
AGREEMENT,
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16. Radon Gas, Radon is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
'in buildings in Florida, Additional information regarding radon and radon testing may be
obtained from your county public health unit.
17, Effective Date. When used herein, the term "Effective Date" or the phrase "the
date hereof' or "the date of this Agreement" shall mean the last date 'that either Purchaser or
Seller execute this Agreement as shown below,
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in their respective names as of the dates set forth above.
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WITNESSES:
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Date:
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Printed Name
. Date:
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"PURCHASER"
THE CITY OF CLERMONT,
:~~
arol:S. ~lle, Jr., Mayor
Title: Mayor. City of Clermont
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9:45AM
Den ~.~. s . --J;jb.,:~ ,:.f...... --. ._..\fl.._.~~-_._--~------
No,8636
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this instrum8n~ pr8p.~.Q by and return to I
Annette X1:1:'k,
4IÞ~- DENNIS L. HORTON, P.A.
900 W. Hwy. 50
Cle~ont, Florida 34711
PareolID Number: .24.2.2.25040001400000/000000003.210
Grantee #1 TIN:
Grantee #2 TIN:
Warranty Deed
This Indenture, Made this 21st dayef Novembe:J:' .2003 A,D., Between
BELL CERAMICS, INC., a corpora~ion exi.ting under the laws of the State
of J'lo:J:'ida
of the County ot Lake I State of Florida , grantor,
CI~Y or CLERMONT; a Florida municipal corporation, a corporation
existing u~der the law. of the State of Florida
whose address Is: P.O. SOX 120129 ; Clermon~, 1I'L 34712
and
of the County of Lake
Statl:l of rlox-ia.
, grantee,
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Witnesseth that the GRANTOR, for and in consideration of the 8\1m of
.. .. ............ - - - - - - -.. - - -.... - - -TIN t)Ot.:t.ARS ($10.> - -.... -.. - - -.. -............ .... -.. .. - DOLLARS,
and other good IInd valuable consideration to GRANTOR in hand paid by GRANTEB, the receipt whereof is hereby acknowledged, has
¡rant"Q. bargained IInd sold to the said ORANTBB and GRANTBB'S hem, IUcoessors and asalana forever, the following described 11IneS, situate,
Iyin¡ and baing in the Count)' of Lake State ot Florida to wit:
All of Blocks 14 and 15 of Willey's Adaition co the Town of Cle~ont
as shown and ðe.c~ibed in Plat Book 3, at Page 36, of the Public
Records of Lake County, ~lo:J:'ida, otherwise described as that. land
lying between Second Street on ~he We.t and East Avenue on the malt
(said East Avenue bei~g con.iaered as having a 100 foot ~ight~of..way,
as shown on the L. Þ. Simonson Survey No. 517, dated June 19, 1946,
anð not the curved s~reet as now uøed) 1 and be~ween the No~th line
of the righ~..of-way of the Seaboard Air Line Rail~oad on the Sou~h
and the 8ho~es of Lake Minneola on the North, excepting the
right-of-way of the, existing road; and
A strip of land in the City of Ole~ont, Lake County, Florida,
bounded on the Nor~h by Block 14 of Willey's Addition to the Town of
Cle~ont, a. shown and aescribed in Plat Book 3, Page 36, of the
Public Records of Lake County, Florida, on the South by Palm Street,
on the Wes~ by Second Street, and on the la.t by East Avenue,
specifically excepting ~he right. of-way of the A~lantie Coast Line
Railroad and ~he Seaboa:J:'d Air Line Railroad, ana
LotI 1 to 6, inclusive, and the Bast 1/2 of Lot 7, in Sloek 5 of
SUNSET HEIGHTS, a subdivision of the City of Cle~ont, Lake County,
Jlorida, as shown and described on the official map of the said City
of Cl.~ont, recoraed in the office of the Clerk of the Circu~t Cou~t
of Lake County, Florida, in Plat Book 8, at Page. 17 to 23, both
(Continued on Attached)
and the pntor doe. hereby fully wamnt the title to said land, and wíJI defend the lame against lawful claims of all persons whomsoever,
8 In Witness Whereof, the grantor has hereunto Bet Ita hand and teal tho day and year first above written,
SIgned, sealed and delivered In our presence: :Slt.t. CERAMI CB, INC.
Annette Kirk
Witness
By:
Peter Sell, President
p,o, Addross: 197 Lake Mlnneo1. Drive, Clermont, PI. 34711
(Seal)
Dennis L. Horton
Witness
STATE OF Florida
COUNTY OF Lake
The foregoing Inst1'\1ment waa .clalowled¡od bofor. me this 21 s t day of November , 2003 b)'
Peter Sell, P~e8ident of Bm~L CERAMICS, INC., a Florida Corporation, on ~
behalf of the corporation
who is personally known to me, and who did not take an oath.- - ~
(Corporate Seal)
Annotte C. Kirk
Notary Public
J;: ¡yl ¡)
'torY
LalcrOlllCnl" by 0 DIIPII)' 8)'lclml.lno.. 1000 (863) 763..SU Porm PLWD-I
., :
'w" ,Noy,21, 2003r.9:45AM Dennis ~Xb.J"b.'J ,111.1/
- .arranty .ueea -Page :£ '-L-a
ParceUD Number: 24222504000140000 0/0 000 000 03210
No-8636
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inclusive,
and
All that portion of that certain strip of abandoned ;ight-of-way,
measur!ng 60 feet in width, being 30 f..~ on each side of the cente~
line of the Tavares and Gulf R.il~oad Company former t~.ak f~om Watts
Junction to Cle~ont, extending in a southwesterly direction from the
West line of East Avenue to the last line of Second Street, SAVING
AND EXCEP~ING a 20-foot wide right-of-way g~anted Atlantic Coast Line
Rail~oad Company by Tavare. and Gulf Railroad company by easement
deed dated Octobe~ 10, 1962, located in NI-l/4 of the NE-1/4 Of
Section 24, Township 22 South, Range 25 East, Lake County, rlo~ida,
said strip of land herein conveyed being shown hatched and said
~ight-of-way being shown cro.. hatched on print Of portion of the
Tavares and Gulf Rail~oad Company's valuation map 2 of V.l Fla., L-2,
dated Janu.~ 26, 1918, last revised n.c.~e~, 1958, recorded in
Official Records Book 276, Page 698, Public Recoràs of Lake County,
Florida.
AND
J8
That part of the abandoned ~ight of way of the Atlantic Coast Line
Railroad lying between the East right of way line of Second Street
and the West right of way line of East Avenue, according to the plat
of Willey's Addition to the City of Cle~ont, Florida, recorded in
Plat Book 3, Page 36, Public Records of Lake County,Florida.
Together with;
A portion of Palm Street, Sunset He~ght8 Subdivision, located in
Section 24, ~own.hip 22 South, Range 25- Bast, City of Cle~ont, Lake
County, Florida, according to the plat thereof as reco~ded in Plat
Book 5, Page 42, Public Records of Lake County, Florida, is described
as follows:
Commence at the Southeast corn.~ of Lot' 5, Block 5, Suns.t Heights
Subdivision, located in Section 24, Township 22 South, Range 25 East,
City of Cle:mont, Lake County, Florida, according to the plat thereof
as recorded in Plat Book 5, Page 42, Public Records of Lake County,
Florida, as a point of reference; thence run North 00 degrees 07'
00" West along the West right-ot-way of East Avenue, a distance of
305.38 feet to the Southerly right-of-way line of Palm Street and the
Point of Beginning. l)Th.nae cçntinue North 00 degrees 07' 00" West,
along the said West right-of-way line of East Avenue a distance of
75.77 feet, to the No~the~ly right-of-way line of Palm Street; 2)
Thence ~un South 52 degrees 141 52" West along said Northerly
right-of-way line a distance of 246.88 feet to a line 230.00 feet
North of and parallel to the South line, the above said Lot 5, Block
8 5, Sunse~ Heigh~ø 3) Thenoe run East parallel to the said South line
of Lot 5, a, distance of ge.00 feet to the Southerly right-of-way line
of Palm Street, 4) Thenae :z:oun North 52 degrees 141' 52" Bast, along
the laid Southerly right-of-way line of Palm Street, a distance of
123.13 feet to the Þoint of Beginning to clo.e.
LESS ANDZXCBP'::
A po~tion of Lots 1, 2, 3, 6, and 7, Block 5, Sunset Heights
Subdivision, located in Section 24" Township 22 South, Range 25 East,
City of Cle~ont, ~ake County, Florida, according to the Plat ,thereof
a. reco~ded in Plat Book 5, Page 42, Public Records of ~ake County,
Florida, is described as follow..
Commence at the Southeast corner of Lot 5, Block 5, Sunset Heights ~
Subdivision, located in Section 24, Township 22 South, Range 25 East, ~
City of Cle~ont, Lake County, Florida, according to the Plat the~eof
as reco~ded in Plat Book 5, Page 42, Public Records of Lake County,
Florida, as point: of refer.nc., thence n\n No:z:oth 00.071 00" Wellt,
along the West ri~ht-of~way line of East Avenue a distance of 130.00 ~
feet, to the Point of Beginning; 1) thence run West parallel to the. \v
(Continued on Attached)' \/ll
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Luer Ocnmtcd by 0 DII IIIY IYllmla,lno., 2000 (862) "20m, Pallll'1. WÞ-I
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W.arranty lJeea - Page 3 ~IJJl1lI__.B
PareellD Number; 242225040001400000 I a 0 000 0003210
No,8636
p. 3
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South line o! the above said Lot 5, Block 5, Sunset Heights
Subdivision, a distance o! 226.85 feet, to the Southerly right-of-way
line of Palm St~eet, 2) thence run North 52G 141 52" lalt, along the
said Southerly right-of-way line.a distance of 163.33 feet; 3)
thence run last pa~allel to. the said Bouth line of ~ot 5, a distance
of 97.51 ~eet to the West right-of-way line of East Avenue; 4)
thence run South 00.071 0011 :mast, along said West right-of-way line,
a distance of 100.00 feet, to the Point of Beginning to close.
Togetbe~ with the following described real prope~tYI
Begin at the intersection of the Southerly right-of-way line of
Atlantic Coastline Railroad (said right-of-way being 60.00 feet wide)
and the East right-of-way line o! Second Street (said right~of-way
being 60.00 feet wide), 1) thence run North 000281 17P East, along
said Ealt right-of-way line of Second Street a distance of 35.00
feet, 2) Thence departing said East right-of-way line run South 83°
101 41" East a distance of 39.78 feet to the Southerly right-of-way
line of Atlantic Coastline Railroad; 3) '1'hence :r;'un South 520441 19"
West along said Southerly right-of-way line a distance of 50.00 feet
to the Point of Beginning to close. All lying in Section 24,
Township 22 South, Range 25 East, City of Cle~ont, Lake County,
Florida.
.
ALSO LESS AND EXCEPT:
The South 30 feet of Lot 3, all of Lots 4 and 5, and that po~tion of
the Easterly 1/2 of Lot 7 and that portion of Lot 6, Block 5, SUNSET
HEIGH'1'S, a. reco~ded ~n Plat Book S, Page 43, Public Records of ~ake
County, Florida, lying South of Parcel 2, described as follows:
PARCEL 2:
A portion of Lots 1, '2,3, 6, and 7, Block 5, SUNSET HEIGHTS
SUBDIVISION, located in Section 24, Township 22 South, Range 25 East,
City of Cl.~ont, Flor1da, according to the Plat thereof as recorded
in Plat Book 5, Page 42, Public aecords of Lake County, Florida, is
. described as follows. Commence at the Southeast corner of Lot 5,
Block 5, SUNSET HEIGHTS SUBDIVISION, located in Section 24, Township
22 South, Range 25 last, City of Ole~ont, Lake County, Florida,
according to the Plat thereof as recorded in Plat Book 5, Page 42,
public Records of Lake County, Florida, as a point of reference;
Thence run North OOG 07' 00" West along the West Right of Way Line of
last Avenue a distance of 130.00 feet, to the Point of Beginning; 1)
Thence run West parallel to the South l1ne of the above said Lot 5,
Block 5, SUNSET HEIGHTS SUBDIVISION, a distance of 226.85 feet to the
Southerly Right of Way Line of Palm St~eet, 2) Thence run North 520
141 52" East, along the said Southerly Right of Way line a distance
e of 163.33 fe.t, 3) Tbence run BAst pa~allel to the sa~d South line
of Lot 5, a distance of 97.51 feet to the West Right of Way line of
mast Avenue, 4) Thencse :l:un South 00. 07' 0011 East, along said West
Right of Way line, a distance of 100..00 feet to the Point of
Beginning to close.
Subject to conditions, restrictions, easements, limitations, and
zoning ordinanc.s of record, if any, and taxes for the year 2004
and all subsequent years.
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J.II1II'a--.l byC Di.plo,y Sp"""InD., 2000 (IU 76J.s:i55 FolIIIl'LWD-1
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BELL CERAMICS INC.
P.O. BOX 120127 . CLERMONT. FLORIDA 34712-0127 . PHONE 352-394-2175
FAX 352-394-1270
FAX TO:
RE:
. FROM:
DATE:
. DENNIS HORTON
HAZERDOUS CHEMICALS
MARK HETTINGER
SEPTEMBER 22, 2003
The hazardous chemicals we currently use and store are as follows:
1. Vancide MZ.96
Supplier:
RT Vanderbilt Co,
30 Winfield Street
Norwalk, CT 06855
Material uses: Industrial preservative, mildewside
2. Fonnaldehyde 37% M 14%.
Fresh Mark CorporatÌpn
622 E. Myers, Blvd.
Mascotte~ Ft 34753
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White Orchid Porcelain
Bell Molds
Bell Doll Supplies
Bell Premixed China Paint
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EXHIBIT (C)
BUSINESS LEASE
THIS LEASE is made between the City of Clermont, a Florida Municipal Corporation,
hereinafter referred to as "Lessor," whose address for the purpose of notice under this
Lease is 685 West Montrose Street, Clermont, Florida, 34711-1275, and Bell Ceramics,
Inc., a Florida Corporation, hereinafter called "Lessee," whose address for the purpose
. of notice under this Lease is 197 Lake Minneola Drive, Clermont, Fla. 34711-1275,
The parties agree as follows:
1. Agreement to Lease: Description 'of the Property. Lessor leases to Lessee,
and Lessee leases from Lessor, the following described commercial property as set forth
on Exhibit "A", attached hereto and incorporated herein(hereafter called the "Premises"):
2. Term of Lease. The term of this Lease shall be for a period of two (2)
years, commencing on the date of closing on purchase of property, and ending November
30,2005 or upon the vacating of premises upon 30 days notice whichever occurs first.
Rental.
During the Term of the Lease, Lessee shall not be obligated to pay any
rent. If Lessee shall holdover after the Term of the Lease, Lessee shall be a tenant at
sufferance pursuant to Section 83.04 , Florida Statutes, in the event the Lessee or Lessor
are unable to negotiate a lease amount for any holdover period.
3.
4, Taxes. Lessee shall be responsible for all municipal, county or state taxes
assessed during the term of this Lease on the leased property, ,including sales taxes on
any actual or imputed rents under this lease except for Ad Valorem Taxes. Lessee agrees
to pay any taxes levied against the personal property and trade fixtures of Lessee in and
about the premises, provided, however, that if any taxes of Lessee are levied against
Lessor or Lessor's property and Lessor pays those taxes, Lessee, on demand, shall
reimburse Lessor for all such taxes actually paid on Lessee's behalf.
5.
Security Deposit. None required. .
6
Lessee's Covenants. Lessee further covenants and agrees as follows:
a. To use the premises in a careful and proper manner for the express
purpose of operating the existing light manufacturing operation, however, sale of
pornographic, illegal, or unpermitted items on the premises is strictly prohibited ;. to
commit or permit no waste or damage to the premises; to keep the exterior of the
premises free of materials and debris; to park vehicles only in the areas designated for
Lessee's use; to conduct or permit no business or act that is a nuisance or may be in
violation of any federal, state, or local law or ordinance; to surrender the premises on
expiration or termination of the Lease. in clean condition, returning the keys to the
property to Lessor; provided, however, that all alterations, additions and improvements
permanently attached and made by Lessee, (excepting movable furniture, equipment,
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supplies, and inventory belonging to Lessee) shall become and remain the property of
Lessor on the termination of Lessee's occupancy of the premises.
b. To pay all costs of fuel, electricity, garbage, telephone, and all other
utilities used on the premises. All of those amounts shall be paid when due.
c. To maintain at all times during the lease term, at Lessee's cost, a
comprehensive public liability insurance policy protecting Lessor against all claims or
demands that may arise or be claimed on account of Lessee's use of the premises; in an
amount of at least $300,000.00 for injuries to persons in one accident, $100,000.00 for
injuries to anyone person, and $100,000,00 for damages to property. The insurance shall
be written by a company or companies acceptable to Lessor, authorized to engage in the
business of general liability insurance in the state of Florida. Lessee shall deliver to
, Lessor annual certificates demonstrating that insurance is paid up and copies of the
insurance policies issued by the insurance companies, Lessee further agrees to maintain
at all times during the Lease term, at Lessee's cost, broad-coverage fire and casualty
insurance on its property. and to provide Lessor with a copy of the policy and a
certificate issued by the insurance company demonstrating that insurance is paid up, The
insurance policies shall be provided by Lessee and shall be for a period of at least one
year, If Lessee fails to furnish policies or certificates showing the policies to be paid in
full as provided in this Lease, Lessor may obtain the insurance, and the premiums on that
insurance will be considered additional rental to be paid by Lessee to Lessor on demand.
d. To prohibit or refrain from engaging in' or allowing any use of the
leased premises that will increase Lessors exposure to liability or increase, Lessor's
premiums for insurance on the building or property without the express written consent
of the Lessor.
e. To indemnify and hold Lessor and the leased premises harmless from
all costs, losses, damages, liabilities, expenses, penalties, and fines whatsoever, that may
arise from or be claimed against Lessor or the leased premises by any person or persons
for any injury to person or property or damage of whatever kind or character arising
from the use or occupancy of the leased premises by Lessee; from any neglect or fault of
Lessee or the agents and the employees of the Lessee in using and occupying the
premises; or from any failure by Lessee to comply and conform with all laws, statutes,
ordinances and regulations of any governmental body or subdivision now or hereafter in
force, If any lawsuit or proceeding shall be brought against Lessor or the leased premises
on account of any alleged violations or failure to comply and conform or on account of
any damage, omission, neglect, or use of the premises by Lessee, the agents and
employees of Lessee, or any other person on the premises, Lessee agrees that Lessee or
any other person on the premises will defend it, pay whatever judgments may be
recovered against Lessor or against the premises on account of it, and pay for all
attorneys' fees and costs in connection with it, including fees and costs on appeal.
f. Lessor shall have no legal or financial obligation to make any repairs to
any building, structure or portion of the leased Premises, Lessee shall secure payment
and performance bonds for any and all work Lessee performs on the lease Premises
costing more than $2500.00, prior to commencing any such work. Lessee i.s required to ~
notify Lessor of any such work costing $2500.00 or more and secure pcssorØSion ~ 'r' \~
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for any such repairs and providing proof of the payment and perfonnance bonds before
undertaking any such work or repairs on the Premises. Pennission from Lessor will not
be unreasonably withheld.
g. Lessee and not the Lessor, shall be responsible for the repair,
maintenance or replacement of the heating and cooling system in the demised premises if
such shall become necessary during the lease tenn, and for all roof repairs which may
become necessary.
h. To make no alterations in or additions or improvements to install any
equipment in or maintain signs advertising its business on the premises without, in each
case, obtaining the written consent of Lease. However, Lessor authorizes the installation
of those business signs, currently maintained by Lessee on the property, providing it
meets all building codes, sign ordinances, and governmental regulations. In the event any
alterations, additions or improvements in or to the premises are made necessary by
reason of the special use and occupancy of the premises by Lessee, Lessee agrees that it
~ll make all such alterations, additions and improvements in or to the premises at its
own expense and in compliance with all building codes, ordinances, and governmental
regulations pertaining to such work, use or occupancy. Lessee agrees that it will hold
Lessor hanDless against all expenses, liens, claims, and damages to either property or
person that mayor might arise because of any repairs, alterations, additions or
improvements are made. Any such alterations, additions or improvements to the
Premises must be approved in advance by the Lessor. Lessor may refuse to approve any
such alterations, additions or improvements to the Premises.
i. To pennit Lessor to enter, inspect the leased premIses as Lessor
reasonably may deem necessary, at all reasonable times.
7.
Lessor's Covenants. Lessor covenants and agrees as follows:
. a. Lessor will warrant and defend Lessee in the enjoyment and
peaceful possession of the premises during the lease tenn, so long as any breech of
peaceful enjoyment of the Premises is not a result of actions of Lessee while Lessee
owned this Premises or during the lease tenn.
b, If the premises are destroyed by fire, casualty, or other disaster
that make them untenantable, the Lease shall tenninate or Lessor will have the right to
render the premises tenantable by repairs within ninety (90) days from the date of damage
with reasonable additional time, if necessary, for Lessee to adjust the loss with insurance
companies insuring the premises, or for any other delay occasioned by conditions beyond
the control of Lessor. If the premises are not rendered tenantable within that time, either
party will have the right to tenninate this Lease by written notice to the other. In the
event of such tennination, the rent shall be paid only to the date of the damage. If the
lease is not tenninated, any rent due, nevertheless shall be abated during the period of
time from the date of damage to the date of physical occupancy by Lessee or date of
complete restoration, whichever occurs first.
c. Lessor and Lessee specifically agree that Lessee shall have no
obligation to repair any portion of the Premises during Lessee's occupancy pursuant to
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this lease. If part of all of the Premises become untenable, the Lessee, at it's own
election, may, but is not obligated to repair, the untenable portion of the Premises at
Lessee's cost or Lessee may elect to vacate the untenable portion of the Premises, as
. authorized pursuant to Section 6 f, of this Lease.
8. Defaults. If any Lien is' placed upon the Premises pursuant to Chapter
713, Florida Statutes, or otherwise, resulting from improvements to the Premises by
Lessee, and said lien is not secured by a bond within ten working days, Lessor will have
the option to:
a. Tenninate this Lease, resume possession of the property.
b. Nothing in this lease alters, amends or abrogates the obligation between
Lessee or the Lessor (as Seller or Purchaser) under that certain Real Estate Purchase
Agreement relating to the property described herein on Exhibit "A" as the Premises, .
9. Recourse for Defaults. If either Lessor or Lessee fails to perfonn or
breaches any agre~ent on this Lease and this failure or breach continues for ten (10)
days after a written notice specifying the required perfonnance has been given to the
party failing to perfonn, (a) the party giving notice may'institute action in a court of
competent jurisdiction to tenninate this Lease or to complete perfonnance of the
agreement, and the losing-party in that litigation shall pay the prevailing party's expenses
of this lease, including reasonable attorneys' fees; or (b) Lessor or Lessee may, after
thirty (30) days written notice to the other party, comply with the agreement or correct
any such breach, and the costs of that compliance shall be payable on demand.
10. Insolvency. Bankruptcy. Etc.. of Lessee. If Lessee is declared insolvent
or adjudicated a bankrupt; if Lessee makes an assignment for the benefit of creditors; if
Lessee's leasehold interest is sold under execution or by as Trustee in bankruptcy; or if a
receiver is appointed for Lessee, Lessor, without prejudice to its rights hereunder and all
its options, may tenninate this Lease and retake possession of the. premises immediately
and without notice to Lessee or any assignee, transferee, trustee, or any other person or
persons, using force if necessary.
11. Lessor To Have Lien. Lessor will have a lien against all goods,
equipment, furniture, and other personal property of Lessee brought, stored or kept on the
leased premises during the tenn of the Lease, in the aggregate amount of all rent,
damages and ofuer sums that may at any time be owed by Lessee to Lessor under the
Lease. In the event of any default by Lessee, Lessor may foreclose the lien in the same
manner that a mortgage would be foreclosed and, in that event, Lessee shall be obligated
for all court costs and reasonable attorneys' fees.
12. Election of Lessor Not Exclusive, The exercise by Lessor of any right or
remedy to collect rent or enforce its rights under this Lease will not be a waiver or
preclude the exercise of any other right or remedy afforded Lessor by this Lease
agreement, the separate and existent Real Estate Purchase Agreement, or by statute or
law. The failure of Lessor in one or more instances to insist on strict perfonnance or
observations of one or more of the covenants or conditions of this Lease or to eJÇ.ercise
any remedy, privilege, or option conferred by this Lease shall not operate or be construed
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as a relinquishment or future waiver of the covenant or condition or the right to enforce it
or to exercise that remedy or privilege, or option; that right shall continue in full force
and effect. The receipt by L<?ssor of rent or any other payment or part of payment
required to be made by Lessee shall not act to waive any other additional rent or payment
then due, Even with Lessor's knowledge of the breach of any covenant or condition of
this Lease, receipt will not operate as or be considered to be a waiver of this breach, and
no waiver by Lessor of any of the provisions of this Lease, or any of Lessor's rights,
remedies privileges, or options under this Lease, will be considered to have been made
unless made by Lessor in writing,
13. Addresses For Payment And Notices, Rent payments and notices to
Lessor shall be mailed or delivered to the address set forth on the first page of this Lease,
unless Lessor advises Lessee differently in writing.
Notices to Lessee shall be mailed or delivered to the leased premises, and
proof of mailing or posting those notices to the leased premises will be considered the
equivalent of personal service on Lessee. All notices to either party shall be sent by
certified or registered mail, return receipt requested.
14. Captions, The captions and paragraphs or letters appearing in this Lease
are inserted only as a matter of convenience and in no way define, limit, construe, or
describe the scope or intent of the sections or articles of this Lease or affect this Lease in
any way.
15. Florida Law: Venue. This Lease will be governed by the laws of the state
of Florida, as to both interpretation and .performance. Any cause of action brought
pursuant to this lease shall be in County or Circuit Court in and for Lake County, Florida.
16. Attorneys' Fees and Recovery of Costs: In any action arising out of or
connected in any manner with this Lease, the non-prevailing party shall pay the costs of
the prevailing party, including reasonable attorney and paralegal fees and expenses
incurred in connection therewith through and including the costs of any appeals and
appellate costs relating thereto.
17. Entire Agreement. This Lease sets forth all of the promises, agreements,
conditions, and understandings between Lessor and Lessee relative to the leased
premises. There are no other promises, agreements, conditions, or understandings, either
oral or written, between them. No subsequent alteration, amendment, change, or addition
to this Lease shall be binding on Lessor or Lessee unless in writing and signed by them
and made a part of this Lease by direct reference.
18. Terms Inclusive, As used herein, the terms "Lessor" and "Lessee" include
the plural whenever the context requires or admits, The term Real Estate Agreement shall
be that certain Real Estate Contract between Lessee and Lessor for the Bell Ceramics
property described on Exhibit "A" and called the Premises herein.
19. Assignability: Representatives Bound Hereby. This Lease is not. .4C
assignable by Lessee, The terms of this Lease will be binding on the respective heirs, ¡e:" .
successors, representatives and assigns, if any, of the parties.
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20. Abandonment: If, at any time during the tenn of this Lease, Lessee
abandons the premises or any part thereof, Lessor has the option to take possession of the
premises in the manner provided by law and without becoming liable to Lessee for
damages or any payments of any kind whatsoever. At Lessor's discretion, Lessor, as
agent for Lessee, also may relet the premises. or any part thereof for the whole or any
part of the then-unexpired term, and Lessor may receive and collect all rent payable by
virtue of the reletting and, at Lessor's option, hold Lessee liable for any difference
between the rent that would have been paid under this Lease during the balance of the
unexpired tenn if this Lease had continued in force, and the net rent for the period
realized by Lessor by means of reletting, If Lessor's right of re-entry is exercised
following Lessee's abandonment of the premises, Lessor may consider any personal
property belonging to Lessee and left on the premises also to have' been abandoned, in
which case Lessor may dispose of that personal property in any manner Lessor deems
proper, and Lessor is relieved of all liability for doing so.
21. Radon Gas Notification: In accordance with the requirements of Section
404.056(5), Florida Statutes the following notice is hereby given:
RADON GAS: Radon is a naturally occurring radioactive gas that, when
it is accumulated in a building in sufficient quantities, may present health
risks to persons who' are exposed to it over time. Levels of radon that
,exceed federal and state guidelines have been found in buildings in
Florida. Additional infonnation regarding radon and radon testing may be
obtained from the local County Public Health Center.
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Lease
Agreement on the - day of , 2003.
LESSOR:
LESSEE:
By:
It's:
By:
It's:
Witnesses
Attest:
By:
It's:
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Securitv Deposit. None required.
Lessee's Covenants. Lessee further covenants and agrees !IS follows: F ,
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a. ~o use the ~r~mise~ ill a careful ~d proper ~~r the express vJf'"
. .purpose of operatIng the exIstIng lIght manufactunng operatIon, however, sale of r::H
pornographic, illegal, or unpennitted items on the premises is strictly prohibited;' to V<//Ç:>
commit or pennit no waste or damage to the premises; to keep the exterior of the ..J
premises free of materials and debris; to park vehicles only in the areas designated for
Lessee's use; to conduct or pennit no business or act that is a nuisance or may be in
violation of any federal, state, or local law or ordinance; to surrender the premises on
expiration or terminatiòn of the Lease in clean condition, returning the keys to the
property to Lessor; provided, however, that all alterations, additions and improvements
permanently attached and made by Lessee, (excepting movable furniture, equipment,
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BUSINESS LEASE
THIS LEASE is made between the City of Clennont, a Florida Municipal Corporation,
hereinafter referred to as "Lessor," whose address for the purpose of notic~ under this
Lease is 685 West Montrose Street, Clennont, Florida, 34711-1275, and Bell Ceramics,
Inc., a Florida Corporation, hereinafter called "Lessee," whose address for the purpose
of notice under this Lease is 197 Lake Minneola Drive, Clermont, Fla. 34711-1275.
The parties agree as follows:
1. Agreement to Lease: Description of the Propertv. Lessor leases to Lessee,
and Lessee leases from Cèssor, the following described commercial property as set forth
on Exhibit "~", attached hereto and,incorporated herein(hereafter called the "Premises"):
2. Tenn of Lease. The term of this Lease shall be for a period of two (2)
years, commencing on the date of closing on purchase of property, and ending November
30,2005 or upon the vacating ofpremise~~ 1Ipon 30 days notice whichever occurs first.
Rental.
During the Tenn of the Lease, Lessee shall not be obligated to pay any
rent. If Lessee shall holdover after the Tenn of the Lease, Lessee shall be a tenant at
sufferance pursuant to Section 83.04 , 'Florida Statutes, in the event the Lessee or Lessor
are unable to negotiate a lease amount-for any holdover period.
3.
4. Taxes. Lessee shall be responsible for all municipal, county or state taxes
assessed during the term of this Lease on the leased property, including sales taxes on
any actual or imputed rents under this lease except for Ad Valorem Taxes. Lessee agrees
to pay any taxes levied against the personal property and trade fixtures of Lessee in and
about the premises, provided, however, that if any taxes of Lessee are levied against
Lessor or Lessor's property and Lessor pays those taxes, Lessee, on demand, shall
reimburse Lessor for all such taxes actually paid C?n Lessee's behalf.
5.
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supplies, and inventory belonging to Lessee) shall become and remain the property of
Lessor on the tennination of Lessee's occupancy of the premises,
b. To pay all .costs of fuel, electricity, garbage, telephone, and all other
utilities used on the premises. All of those amounts shall be paid when due.
c. To maintain at all times during the lease tenn, at Lessee's cost, a
comprehensive public liability insurance policy protecting Lessor against all claims or
dem~ds that may arise or be claimed C'n account of Lessee's use of the premises; in an
amount of at least $300,000.00 for injmies to persons in one accident, $100,000.00 for
injuries to anyone person, and $100,000.00 for damages to pI:operty. The insurance shall
be written by a company or companies acceptable to Lessor, authorized to engage in the
business of general liability insurance in the state of Florida. Lessee shall deliver to
Lessor annual certificates demonstrating that insurance is paid up and copies of the
insurance policies issued by the insurance companies. Lessee further agrees to maintain
at all times during the Lease tenn, at Lessee's. cost, broad-coverage fire and casualty
insurance on its property. and to provide Lessor with a copy of the policy and a
certificate issued by the insurance company demonstrating that insurance is paid up. The
insurance policies shall be provided by Lessee and shall be for a period of at least one
year. If Lessee fails to furnish policies or certificates showing the policies to be paid in
full as provided in this Lease, Lessor may obtain the insurance, and the premiums on that
insurance will be considered additional rental to be paid by Lessee to Lessor on demand.
d. To prohibit or refrain from engaging in or allowing any use of the
leased premises that will increase Lessors exposure to liability or increase Lessor's
premiums for insurance on the building or property without the express written consent
of the Lessor.
e. To indemnify and hold Lessor and the leased premises harmless from
. all costs, losses, damages, liabilities, expbnses, penalties, and fines whatsoever that may
arise from or be claimed against Lessor or the leased premises by any person or persons
for any injury to person or property or damage of whatever kind or character arising
from the use or occupancy of the leased premises by Lessee; from any neglect or fault of
Lessee or the agents and the employees of the Lessee in using and occupying the
premises; or from any failure by Lessee to comply and confonn with all laws, statutes,
ordinances and regulations of any governmental body or subdivision now or hereafter in
force. If any lawsuit or proceeding shall be brought against Lessor or the leased premises
on account of any alleged viòlations or failure to comply and confonn or on account of
any damage, omission, neglect, or use of the premises by Lessee, the agents and
employees of Lessee, or any other person on the premises, Lessee agrees that Lessee or
any other person on the premises will defend it, pay whatever judgments may be
recovered against Lessor or against the premises on account of it, and pay for all
attorneys' fees and costs in connection with it, including fees and costs on appeal.
f. Lessor shall have no legal or financial obligation to make any repairs to
any building, structure or portion of the leased Premises. Lessee shall secure payment
and perfonnance bonds for any and all work Lessee perfonns on the lease Premises
costing more than $2500.00, prior'to commencing any such work. Lessee is required to - ,Ie
notify Lessor orany such work costing $7.500.00 or more and secure Pessor's pennission r
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for any- such repairs and providing proot': of the payment and performance bonds before
undertaking any ~uch work or repairs on the Premises. Permission from Lessor will not
be unreasonably withheld.
g. Lessee and not the Lessor, shall be responsible for the repair,
maintenance or replacement of th~ heating and cooling system in the demi~ed pre.mises if F
such shall become necessary dunng the lease term, and for all roof repaIrs WhICh may. .
become necessary 'II .~~~.~""'.. .'\e &.1' ;~.. ;-11Y
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h. To make no alterations in or addit'iõns or Improvements to install any
equipment in or maintain signs advertising its business on the premises without, in each
case, obtaining the written consent of Lease. However, Lessor authorizes the installation
of those business signs, currently maintained by Lessee on the property, providing it
meets all building codes, sign ordinances, and governmental regulations. In the event any
alterations, additions or improvements in or to the premises are made necessary by
reason of the special use and occupancy of the premises by Lessee, Lessee agrees that it
will make all such alterations, additions and improvements in or to the premises at its
own expense and in compliance with all building codes, ordinances, and governmental
regulations pertaining to such work, use or occupancy. Lessee agrees that it will hold
Lessor harmless against all expenses, li:::ns, claims, and damages to either property or
person that mayor might arise because of any repairs, alterations, additions or
improvements are made. . Any such alterations, additions or improvements to the
Premises must be approved in advance by the Lessor. Lessor may refuse to approve any
such alterations, additions or improvements to the Premises.
i. To permit Lessor to enter, inspect the leased premIses as Lessor
reasonably may deem necessary, at all reasonable times.
7.
Lessor's Covenants. Lessor covenants and agrees as follows:
a. Lessor will warrant and defend Lessee in the enjoyment and
peaceful possession of the premises during the lease term, so long as any breech of
peaceful enjoyment of the Premises is not a result of actions of Lessee while Lessee
owned this Premises or during the lease term.
b. If the premises are destroyed by fire, casualty, or other disaster
that make them untenantable, the Lease shall terminate or Lessor will have the right to
render the premises tenantable by repairs within ninety (90) days from the date of damage
with reasonable additional time, if neces'3ary, for Lessee to adjust the loss with insurance
companies insuring the premises, or for åilY other delay occasioned by conditions beyond
the control of Lessor. If the premises are not rendered tenantable within that time, either
party will have the right to terminate this Lease by written notice to the other. In the
event of such termination, the rent shall be paid only to the date of the damage. If the
lease is not terminated, any rent due, nevertheless shall be abated during the period of
time from the date of damage to the date of physical occupancy by Lessee or date of
complete restoration, whichever occurs first.
c. Lessor and Lessee specifically agree that Lessee shall have no
obligation to repair any portion of the Premises during Lessee's occupancy pursuant to
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this lease. If part of all of the Premises become untenable, th~ Lessee, at it's own
election, may, but is not obligated to repair, the untenable portion of the Premises .at
Lessee's cost or Lessee may elect to vacate the untenable portion of the Premises, as
authorized pursuant to Section 6 f. of this Lease.
.
8. Defaults. If any Lien is placed upon the Premises pursuant to Chapter
713, Florida' Statutes, - or otherwise, resulting from improvements to the Premises by
Lessee, and said lien is not secured by a bond within ten working days, Lessor Will have
the option to: '
a. Terminate this Lease, rêsume possession of the property.
b. Nothing in this lease alters, amends or abrogates the obligation between
Lessee or the Lessor (as Seller or Purchaser) under that certain Real Estate Purchase
Agreement relating to the property described herein on Exhibit "A" as the Premises. .
9. Recourse for Defaults. If either Lessor or Lessee fails to perform or
breaches any agreement on this Lease and this failure or breach continues for ten (10)
days after a written notice specifying the required performance has been given to the
party failing to perform, (a) the party giving notice may institute action in a court of
competent jurisdiction to terminate this Lease or to complete performance of the
agreement, and the losing party in that litigation shall pay the prevailing party's expenses
of this lease, including reasonable attorneys' fees; or (b) Lessor or Lessee may, after
thirty (30) days written notice to the other party, comply with the agreement or correct
any such breach, and the costs of that compliance shall be payable on demand.
.
10. Insolvency. Bankruptcy. Etc.. of Lessee.' If Lessee is declared insolvent
or adjudicated a bankrupt; if Lessee makes an assignment for the benefit of creditors; if
Lessee's leasehold interest is sold under execution or by as Trustee in bankruptcy; or if a
receiver is appointed for Lessee, Lessor,-¡without prejudice to its rights hereunder and all
its options, may terminate this L,ease and retake possession of the premises immediately
and without notice to Lessee or any as~i~ tr~ree" trustee, or any other person or
persons, using force if necessary. .. ;JY t::)/ü:;iÞ
11. Lessor To Have Lien. Lessor will have a lien against all goods,
equipment, furniture, and other personal property of Lessee brought, stored or kept on the
leased premises during the term of the Lease, in the aggregate amount of all rent,-
damages and other sums that may at any time be owed by Lessee to Lessor under the
Lease. ill the event of any default by Lessee, Lessor may foreclose the lien in the same
manner that a mortgage would be foreclosed and, in that eyent, Lessee shall be obligated
for all court costs and reasonable attorneys' fees. .
12. Election of Lessor Not Exclusive. The exercise by Lessor of any right or
remedy to collect rent or enforce its rights under this Lease will not be a waiver or
preclude the exercise of any other right or remedy afforded Lessor by this Lease
agreement, the separate and existent Real Estate Purchase Agreement, or by statute or
law. The failure of Lessor in one or more instances to insist on strict performance or
observations of one or more of the covenants or conditions of this Lease or to exercise
68 any remedy, privilege, or option conferrt~~ by this Lease shall not operate or be construed ,
"*' Høwe,'ile,tt. ;~ J...euce- Is. al.lr. -fo 1Ie,"".,it føue,~"".ft .f.h~ 8a"J ø¡; -M~ .a'o~", ."IA+" +~
1t:.scÞ Sl.all c.-."",:'".., ,... +Ie... 01&;3.:'.1 Ie a,fI, -h..w. . :r" ..0 c.~}: -sit .,,11 -fl,C,ø' ~U
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as a relinquishment or future waiver of tE\~ covenant or condition or the right to enforce it
or to exercise that remedy or privilege, or option; that right shall continue in full force
and effect. The receipt by Lessor of rent or any other payment or part of payment
required to be made by Lessee shall not act to waive any other additional rent or payment
then due. Even with Lessor's knowledge of the breach of any covenant or condition of
this Lease, receipt will not operate as or be considered to be a waiver of this breach, and
no waiver by Lessor of any of the provisions of this Lease, or any of Lessor's rights,
remedies privileges, or options under this Lease, will be considered to have been made
unless made by Lessor in writing.
13. Addresses For Payment And Notices. Rent payments and notices to
Lessor shall be mailed or delivered to the address set forth on the first page of this Le~se,
unless Lessor advises Lessee differently in writing.
Notices to Lessee shall be mailed or delivered to the leased premises, and
proof of mailing or posting those notices to the leased premises will be considered the
equivalent of personal service on Lessee. All notices to either party shall be sent by
certified or registered mail, return receipt requested.
14. Captions. The captions and paragraphs or letters appearing in this Lease
are inserted only as a matter of conveni-ence and in no way define, limit, construe, or
describe the scope or intent of the sections or articles of this Lease or affect this Lease in
any way.
.
15. Florida Law: Venue. This Lease will be governed by the laws of the state
of Florida, as to both interpretation and performance. Any cause of action brought
pursuant to this lease shall be in County or Circuit Court in and for Lake County, Florida.
16. Attorneys' Fees and Recovery of Costs: In any action arising out of or
connected in any manner with this Lease, the non-prevailing party shall pay the costs of
the prevailing party, including reasonable attorney and paralegal fees and expenses
incurred in connection therewith through and including the costs of any appeals and
appellate costs relating thereto. ;
17. Entire Agreement. This Lease sets forth all of the promises, agreements,
conditions, and understandings between Lessor and Lessee relative to the leased
premises. There are no other promises, agreements, conditions, or understandings, either
oral or written, between them. No subsequent alteration, amendment, change, or addition
to this Lease shall be binding on Lessor or Lessee unless in writing and signed by them
and made a part of this Lease by direct re,ference.
18. Terms Inclusive. As used herein, the terms "Lessor" and "Lessee" include
the plural whenever the context requires or admits. The term Real Estate Agreement shall
be that certain Real Estate Contract between Lessee and Lessor for the Bell Ceramics
property described on Exhjbit "A" and called the Premises herein.
.
19. Assignability: Representatives Bound Hereby, This Lease is not qf
assignable by Lessee. The terms of this Lease will be binding on the respective heirs,
successors, representatives and assigns, if any, of the parties.
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20. Abandonment: If, at any time during the term of this Lease, Lessee
abandons the premises or any part thereof, Les~or has the option to take possession of the
premises in the manner provided by law and without becoming liable to Lessee for
damages or any payments of any kind whatsoever. At Lessor's discretion, Lessor, as
agent for Lessee, also may relet the premises or any part thereof for the whole or any
part of the then-unexpired term, and Lessor may receive and collect all rent payable by
virtue of the reletting and, at Lessor's option, hold Lessee liable for any difference
between the rent that would have been paid under this Lease during the balance of the
unexpired term if this Lease had cont¡nued in force, and the net rent for the period
realized by Lessor by means of relettíl1g. If Lessor's right of re-entry is exercised
following Lessee's abandonment of the premises, Lessor may consider any personal
property belonging to Lessee and left on the premises also to have been abandoned, in
which case Lessor may dispose of that personal property in any manner Lessor deems
proper, and Lessor is relieved of all liability for doing so.
21. Radon Gas Notification:. In accordance with the requirements of Section
404.056(5), Florida Statutes t~e following notice is hereby given:
RADON GAS: Radon is a naturally occurring radioactive gas that, when
it is accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed. federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained ITom the local County Public Health Center.
.
LESSOR:
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By:
It's:
IN WITNESS WHEREOF, Le~sor r.d Lessee have duly executed this Lease
Agreement on the~ day of II/IVe,.AY\ ...£, ,2003.
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By: . c+e"" ,"3c,II
It's: PII.";¿~,,.¡..
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Witn~ .
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(ù...Q.})~
City Clerk
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this instrument prepared by and return to:
4IÞ Annette Kirk,
DENNIS L. HORTON, P.A.
900 W. Hwy. 50
Clermont, Florida 34711
Parcel ill Number: 242225040001400000/000000003210
Grantee #1 TIN:
Grantee #2 TIN:
Warranty 'Deed
This Indenture" Made this 21st day of November , 2003 A.D., Between
BELL CERAMICS, INC., a corporation existing under the laws of the State
of Florida
of the County of Lake , State of Florida , grantor,
CITY OF CLERMONT, a Florida municipal corporation, a corporation
existing under the laws of the State of Florida
whoseàddressis: P,O. Box 120127, Clermont, F,L 34712
and
of the County of Lake
State of Florida
, grantee,
e-
Witnesseth that the GRANTOR, for and in consideration of the sum of
- - - - - - - - - - - - - - - - - - - - - - - - TEN DOLLARS { $1 OJ - - - - - - - - - - - - - - - - - - - -- - - DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Lake State of Florida . to wit:
All of Blocks 14 and 15 of Willey's Addition to the Town of Cle~ont
as shown and described in Plat Book 3, at Page 36, of the Public
Records of Lake County, Florida, otherwise described as that land
lying between Second Street on the West and East Avenue on the East
(said East Avenue being_considered as ,having a 100 foot right-of-way,
as shown on the L. D, Simonson Survey No. 517, dated June 19, 1946,
and not the curved street as now used); and between the North line
of the right-of-way of the Seaboard Air Line Railroad on the South
and the ,shores of Lake Minneola on the North, excepting the
right-of-way of the existing road; and
A strip of land in the City of Clermont, Lake County, Florida,
bounded on the North by Block 14, of Willey's Addition to the Town of
Cle~ont, as shown and described in Plat Book 3, Page 36, of the
Public Records of Lake County, Florida, on the South by Palm Street,
on the West by Second Street, and on the East by East Avenue,
'specifically excepting the right-of-way of the Atlantic Coast Line
Railroad and the Seaboard Air Line Railroad; and
Lots 1 to 6, inclusive, and the East 1/2 of Lot 7, in Block 5 of
SUNSET HEIGHTS, a subdivision of the City of Clermont, Lake County,
Florida, as shown and described on the official map of, the said City
of Cle~ont, recorded 'in the office of the Clerk of the Circuit Court
of Lake County, Florida,' in Plat Book 8, at Pages 17 to 23, both
(Continued on Attached)
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.
. In Witness Whereof, the ,grantor has hereunto set its hand and seal the day and year first above written.
d and delivered in our presence:
(Seal)
Annette Kirk
WQ1
. ,~ èf.lt~
Dennis L. Horton
Witness
,By:
Pet r Bell,
P.O. Address: 197 Lake Mlnneola Drive, Clermont, FL 34711
(Corporate Seal)
STATE OF Florida
COUNTY OF Lake
The foregoing ,i!l.~!fUment was acknowledged before me this 21 S t
Peter Bell:;\President of BELL CERAMICS,
behalf of'the,corporation
who is personally known to me, 'and
day of November , 2003 by
INC" a Florida Corporation, on
K~
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..~':bV'f~ Annette C Kirk,
t.~»' J. MY COMMISSION # 00210236, EXPIRES
. :.. .: . ."., June 24, 2007 ,
~4:R' °, ~\,. BONDED THRU TROY FAIN INSURANCf, INC
'1It1'"
we d~;take an
-~ ~C-
Anne te C. Kirk
Notary Public
oath. .
CITY
Laser Genemled by II) Display Systems, Inc" 2000 (863) 763-5555 Form FLWD-I
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'Yarranty Deed -Page 2
Parcel ID Number: 242225 040 a 014 a a a a % a 0000 a 03210
.
inclusive;
and
All that portion of that certain strip of abandoned right-of-way,
measuring 60 feet in width, being 30 feet on each side of the center
line of the Tavares and Gulf Railroad Company former track from Watts
Junction to Clermont, extending in a 'southwesterly direction from the
West line of East Avenue to the East line of Second Street; SAVING
AND EXCEPTING a 20-foot wide right-of-way granted Atlantic Coast Line
Railroad Company by Tavares and Gulf Railroad Company by easement
deed dated October 10, 1962, located "in NE-1/4 of the "NE-1/4 of
Section 24, Township 22 South, Range 25 East, Lake County, Florida;
said strip of land herein conveyed being shown hatched and said
right-of-way being shown cross hatched on print of portion of the
Tavares and Gulf Railroad Company's valuation map 2 of V.1 Fla" L-2,
dated January 26, 1918, last revised December, 1958, recorded in
Official Records Book 276, Page 698, Public Records of Lake County,
Florida.
AND
.
That part of the abandoned right of way of the Atlantic Coast Line
Railroad lying between the East right of way line of Second Street
and the West right of way line of East Avenue, according to the plat
of Willey's Addition to the City of Clermont, Florida, recorded in
Plat Book 3, Page 36, Public Records of Lake County, Florida.
Together with;
A portion of Palm Street, Sunset Heights Subdivision, located in
Section 24, Township 22 South, Range 25 East, City of Clermont, Lake
County, Florida, according to the plat thereof as recorded in Plat
Book 5, Page 42, Public Records of Lake County, Florida, is described"
as follows:
.
Commence at the Southeast corner of Lot 5, Block 5, Sunset Heights
Subdivision, located in Section 24," Township 22 South, Range 25 East,
City of Clermont, Lake County, Florida, according to the plat thereof
as recorded in Plat Book 5, Page 42, Public Records of Lake County,
Florida, as a point of reference; thence run North 00 degrees 071
00" West along the West right-of-way of East Avenue, a distance of
305.38 feet to the Southerly right-of-way line of Palm Street and the
Point of Beginning, l)Thence continue North 00 degrees 07' 00" West,
along the said West right-of-way line of East Avenue a distance of
75.77 feet, to the Northerly right-of-way line of Palm Street; 2)
Thence run South 52 degrees 14' 5"2" West along said Northerly
right-of-way line a distance of 246,88 feet to a line 230.00 feet
North of and parallel to the South line, the above said Lot 5, Block
5, Sunset Heights; 3) Thence run East parallel to the said South line
of Lot 5, a distance of 98,00 feet to the Southerly right-of-way line
of Palm Street; 4} Thence run North 52 degrees 14' 52" East, along
the said Southerly right-of-way "line of Palm Street, a distance of
123.13 feet to the Point of Beginnin9 to clos~.
LESS AND EXCEPT:
A portion of Lots 1,2, 3, 6, and 7, Block 5, Sunset Heights
Subdivision, located in Section 24, Township 22 South, Range 25 East,
City of Clermont, Lake County, Florida, according to the Plat thereof
as recorded in Plat Book 5, Page 42, Public Records of Lake County,
Florida, is described as follows:
Commence at the Southeast corner of Lot 5, Block 5, Sunset Heights
Subdivision, located in Section 24, Township 22 South, Range 25 East
City of Clermont, Lake County, Florida, according to the Plat there f
as recorded in Plat Book 5, Page 42, Public Records of Lake county,\~
Florida, as point of reference; thence run North 00° 07' 00" West, "V
along the West right-of-way line of East Avenue a distance of 130,00
feet, to the Point of Beginning; 1') thence run West parallel to the \0).
(Continued on At"tached)" /2,. \}I\
Laser Generoted by iD Disploy Systems, Inc., 2000 (863)763-5555 FonnFLWD-( C?5/' \l ( '
" . Warranty Deed -Page 3
:ParcellD Number: 242225040001400000/000000003210
.
South line of the above said Lot 5, Block 5, Sunset Heights
Subdivision, a distance of 226,85 feet, to the Southerly right-of-way
line of Palm Street; 2) thence run North 52° 14' 52" East, along the
said Southerly right-of-way line a distance of 163.33 feet; 3)
thence run East parallel to the said South line of Lot 5, a distance
of 97.51 feet to the West right-of-way line of East Avenue; 4)
thence run South 00° 07' 00" East, along said West right-of-way line,
a distance of 100.00 feet, to the Point. of Beginning to close,
Together with the following described real property:
Begin at the intersection of the Southerly right~of-way line of
Atlantic Coastline Railroad (said right-of-way being 60.00 feet wide)
and the East right-of-way line of Second Street (said right-of-way
being 60,00 feet wide); 1) thence run 'North'OO° 281 17" East, along
said East right-of-way line of Second Street a distance of 35,00
feet; 2) Thence departing said East right-of-way line run South 83°
10' 41" East a distance of 39.78 feet to the Southerly right-of-way
line of Atlantic Coastline Railroad; 3) Thence run South 52° 44' 19"
West along said Southerly right-of-way line a distance of 50.00 feet
to the Point of Beginning to close, All lying in Section 24,
Township 22 South, Range 25 East, 'City of Cle~ont, Lake County,
Florida,
.
ALSO LESS AND EXCEPT:
The South 30 feet of Lot 3, all of Lots 4 and 5, and that portion of
the Easterly 1/2 of Lot 7 and.that portion of Lot 6, Block 5, SUNSET
HEIGHTS., as recorded in Plat Book 5, Page 43, Public Records of Lake
County, Florida, lying South of Parcel 2, described as follows:
.
PARCEL 2:
A portion of Lots 1, 2,' 3, 6, and 7, Block 5, SUNSET HEIGHTS
SUBDIVISION, located in Section 24, Township 22 South, Range 25 East,
City of Clermont, FloriQa, according to the Plat thereof as recorded
in Plat Book 5, Page 42, Public Records of Lake County, Florida, is
described as follows: Commence at the Southeast corner of Lot 5,
Block 5, SUNSET HEIGHTS SUBDIVISION, located in Section 24, Township
22 South, Range 25 East, City of Clermont, Lake County, Florida,
according to the Plat thereof as recorded in Plat Book 5, Page 42,
Public Records of Lake County, Florida, as a point of reference;
Thence run North 00° 07' 00" West along the West Right of Way Line of
East Avenue a distance of 130.00 feet, to the Point of Beginning; 1)
'Thence run West parallel to the South line of the above said .Lot 5,
Block 5, SUNSET HEIGHTS SUBDIVISION, a distance of 226.85 feet to the
Southerly Right of Way Line of Palm Street; 2) Thence run North 52°
141 52" East, along: the said Southerly Right of Way line a distance
of 163.33 feet; 3) Thence run East parallel to the said South line
of Lot 5,a distance of 97,51 feet to the West Right of Way line of
East Avenue; 4) Thence run South 00° 071 00" East, along said West
Right of Way line, a distance of 100,00 feet to the Point of
Beginning to close,
Subject to conditions, restrictions, easements, limitations, and
zoning ordinances of record, if any, and taxes for the year 2004
and all subsequent years,
Laser Genenlted by II) Display Systems, Inc" 2000 (863) 763-5555 Fonn FLWD-l
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