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2008-15
DEVELOPMENT AGREEMENT BETWEEN LAKE COUNTY, FLORIDA, THE CITY OF CLERMONT, CLERMONT LAND DEVELOPMENT, LLC AND CLERMONT GC, LLC REGARDING HOOK STREET PHASE IV AND GRAND HIGHWAY THIS AGREEMENT (the "Agreement"} is made and entered into by and between LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "COUNTY"), whose address for purposes of this Agreement is 31 S West Main Street, P.O. Box 7800, Tavares, Florida, 32778; the CTI'Y OF CLERMONT, FLORIDA, a municipal organization organized under the laws of the State of Florida (the "CITY"}, whose address for purposes of this Agreement is P.O. Box 120219, Clermont, Florida 34712; CLERMONT LAND DEVELOPMENT, LLC, an Ohio limited liability company authorized to do business in the State of Florida, and/or its assigns or successors in interest ("McGILL"), whose address for purposes of this Agreement is c/o McGill Property Group, LLC, 30S7S Bainbridge Road, Suite 100, Solon, Ohio, 44139; and CLERMONT GC, LLC, a Florida limited liability company, and/or its assigns ar successors in interest ("GOLDEN CORRAI."), whose address for purposes of this Agreement is SS3S S. Kirkman Road, Orlando, Florida, 32819 (the County, the Ciry, McGill, and Golden Corral may be hereinafter referred to collectively as the "parties"}. WITNESSETH WHEREAS, McGILL is the fee simple owner of certain real property located in Lake County, Florida, being mare particularly described on E.zhibit A-1 attached hereto and by this reference made a part hereof (the "McGill Property"}; and {01195465;6} 1 WHEREAS, GOLDEN CORRAL is the owner of certain real property located in Lake County, Florida, being more particularly described on Exhibit A-2 attached hereto and by this reference made a part hereof (the "Golden Corral Property"}; and WHEREAS, the McGill Property and the Golden Corral Property shall hereinafter be collectively referred to as the "Properties"; and WHEREAS, McG1LL, or its successors in interest/assigns, intends to construct certain infrastructure, including roadway improvements and enhancements, to serve the Properties, as well as other lands in the vicinity of the Properties to accommodate increased traffic demands in the South Lake area; and WHEREAS, Chapter 125, Florida Statutes, authorizes the COUNTY to provide for and construct roads and related facilities, and Chapter 336, Florida Statutes, invests the COUNTY with the general superintendence and control of the roads within Lake County, including the improvement and enhancement of certain existing and new roads into and through incorporated areas of the County; and WHEREAS, the COUNTY has identified a need to establish new roads and to enhance the county road system in and around the City of Clermont in order to accommodate increased traffic demands anticipated as a result of population growth in the City, surrounding unincorporated Lake County and Central Florida; and WHEREAS, Section 22-3 of the Lake County Code, states as its intent and purpose, to assist in the provision of new facilities, the need for which is created by new development within the County, so that new development bears a proportionate share of the cost of such new facilities, rather than placing such costs on existing residents and taxpayers; and WHEREAS, in furtherance of such stated intent and purpose, Section 22-8, Lake County Code, provides that impact fees shall be paid at the time of application for a building permit, or if no building permit is required, at the time of approval of the development order; and WHEREAS, the Lake County Code provides that a developer may construct a road improvement project and be reimbursed from the COUNTY and/or be given credit against all or part of transportation impact fees otherwise due with the amount of the reimbursement or credit being based upon the actual cost of the road improvement project; and WHEREAS, reimbursement and/or impact fee credits may not be given for "site-related" or "site-required" improvements. Rather, the only improvements eligible for reimbursement {O 1195465;6} 2 and/or impact fee credits under the Lake County Code are those which are "non-site-related". Site-related unprovements, as defined in Section 22-4, Lake County Code, are those improvements that are mandated by federal, state or local codes or regulations to provide safe and adequate ingress and egress to the Properties. Non-site-related improvements, as defined in Section 22-4, Lake County Code, aze those improvements that are required by the permitting authority as part of the development approval process which are beyond what is mandated by federal, state or local codes or regulations to provide safe and adequate ingress and egress to the Properties; and WHEREAS, the Lake County Comprehensive Plan, Policy Z-1.8, states that impact fee monies shall only be expended for improvements to arterial and collector roadways included in the County's Five-Year Road Capital Improvements Program (the "CIP"); and WHEREAS, Hoak Street, Phase IV is a County road, and Grand Highway is a City road, and both are classified as collector roadways which satisfy the use of impact fee monies; and WHEREAS, the parties desire that certain segments of Grand Highway and Hook Street, Phase IV, be widened and improved in a manner generally depicted on Exhibit B attached hereto and incorporated herein {the "Project"); and WHEREAS, the parties desire that the permitting and construction of the Project be divided into two (2} phases, whereby the approximate limits of each of Phase 1 and Phase 2 are depicted on Exhibit S; and WHEREAS, the parties desire that the Project be designed, permitted and constructed in such a way as to not interfere with plans by the Florida Department of Transportation {"FOOT"} to upgrade the intersection at State Road 50 and U.S. Highway 27 in the near future; and WHEREAS, the FOOT will be funding a share of Grand Highway through an agreement with McGill; and WHEREAS, the parties agree that McGILL shall undertake the design, permitting and construction of Grand Highway to FOOT standards, Hooks Street to COUNTY standards, and be reimbursed by the COUNTY for the portion of such work that meets COUNTY standards and is non-site-related (the "Non-Site Related Improvements"}, and be reimbursed by FOOT for the difference in cost between COUNTY standards and FOOT standards for that portion of such work that is non-site-related, in conjunction with, and as an addition to, McGILLS's use of right- {01195465;6} 3 o£-way for, and design, permitting and construction of, those certain site-related or site-required improvements necessary to accommodate development of the Properties; and WHEREAS, the parties desire to reduce to writing, and have ratified and confirmed, the specific terms and conditions of their understanding and agreement related to McGILL's design, permitting and construction of the Project, McGILL"s entitlement to cash reimbursement and/or impact fee credits for the design, permitting and construction of the Non-Site Related Improvements, including, without limitation, the dollar amount of the impact fee credits, and other related matters as are hereinafter set forth. NaW THEREFQRE, for and in consideration of the mutual terms, understandings, conditions, premises and covenants herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Recitals. The foregoing recitals aze true and correct, and hereby incorporated as a material part of this Agreement as if fully set forth herein. Section 2. Approval of Plans and Specifications; Permits. A. The plans and specifications for all phases of the Project shall be completed by McGILL in accordance with all COUNTY requirements for Hooks Street, and all CITY and FDOT requirements for Grand Highway, and approved by the COUNTY, and CITY if applicable, prior to construction of any Phase thereof. McGILL shall take all steps necessary to secure approval of the plans and specifications for all phases from the COUNTY within one hundred eighty {180) days after full execution of this Agreement; provided, however, to the exert practicable, the COUNTY and/or the CITY shall review and return comments on any submittals made by McGILL within thirty (30) days of submittal date. Failure of McGILL to obtain final approval of the plans and specifications within this time frame shall result in the termination of this Agreement at the option of the COUNTY pursuant to the termination provisions contained herein. Once approved, the plans and specifications are incorporated herein by reference and shall become a material part of this Agreement. B. It is understood that the plans and specifications and construction of the Project may be modified through the agreement of the parties. Modifications may also be effected by change order as actual construction of the Project progresses. To be effective and binding against the COUNTY, however, any and all such change orders must be in writing, executed by all parties hereto, and approved by the COUNTY in accordance with COUNTY'S {Ol 195465;b} 4 Purchasing Policies and Procedures. The parties may obtain a copy of the Purchasing Policies and Procedures upon request. McGILL shall provide to all parties a copy of all submittals to governmental agencies. C. McGILL shall obtain all required permits for Phase 1 prior to being granted final COUNTY approval of the plans and specifications for the Non-Site Related Improvements. For purposes of permitting for Phase 1, the COUNTY shall approve a permitting set of documents prior to final approval. For Phase 2 of the Project, McGILL shall coordinate with the COUNTY to obtain all required permits within one hundred eighty (180} days after final approval of the plans and specifications. D. The COUNTY hereby agrees to issue, assign, or modify any such permits or approvals as may be required in order for McGILL to commence and complete construction of the Project; provided, however, that the obligation to issue any required permits shall only be in accordance with the Lake County Code, and McGILL shall follow any and all application requirements. Further, the COUNTY shall not be required to assign or modify any expired permits from other governmental agencies. In the event the COUNTY has a valid permit from another governmental agency that covers the Non-Site Related Improvements„ McGILL shall comply with all terms and requirements under such permits. Failure of McGILL to comply with all such terms and conditions shall be grounds for the COUNTY to terminate this Agreement, or in the COUNTY'S sole discretion, to complete the work to the permit specifications and deduct the cost thereof from the amounts due to McGILL as set forth herein. E. To the extent that the CITY or COUNTY is authorized, either explicitly or implicitly, to approve or deny any plans, permits, or applications contemplated by this Agreement, the CITY and the COUNTY shall process such applications in a timely manner, and in accordance with the applicable provisions the CITY or COUNTY Codes. Section 3. Estimated Cost and Expenses. A. The estimated cost and expense of design and permitting of the Non-Site Related Improvements for the Project {the "Design Costs") is proposed to be $250,000.00. The Design Cost Estimate shall be included as Exhibit C-3, which shall be attached hereto and incorporated herein by reference. Unless the contract for the design engineer is competitively bid in accordance with Section 287.055, Florida Statutes, also known as the Consultants' Competitive Negotiation Act, McGILL and/ or GOLDEN CORRAL, if applicable, shall only be {01195465;6} 5 entitled to impact fee credits for the actual incurred Design Costs. The impact fee credits for the Design Costs, excluding the costs of construction administration, shall be provided (1) upon the final approval by the COtTNTY of design and assignment of the signed and sealed plans to the COtTN'TY; (2) upon the issuance of alI required permits for Phase 1 of the Non-Site Related Improvements; and (3}upon receipt by the COUNTY of the all required right-of--way for Phase 1 from McGILL and GOLDEN CORRAL, and all required right-0f--way for Phase 2 from McGILL that is owned by McGILL, including alI storm water and drainage easements. B. The estimated cost and expense of construction of the Project, including both site-related and non-site-related improvements constructed to FDOT specifications, is proposed to be $5,979,421 as set forth and sepazately itemized for Phase 1 and Phase 2 in Exhibits C-1 and C-2, respectively, attached hereto and by this reference made a part hereof (the "Estimated Cost and Expense Sheets'; provided, however, the COUNTY shall reimburse McGILL, depending on funding availability for Fiscal Year 07-08 and Fiscal Year 08-09, for only the Non-Site Related Improvements portion of the Project to COUNTY specifications, which estimated cost and expense is proposed to be $3,559,438 as calculated as follows: $5,979,421 [Total Project Cost (est.}] - $1,119,983 [Site-Related Improvements (est.)] - $1,3_ 00 0~ [FDOT contributioxa for Grand Hwy (est.}] $3,559,438 [Non-Site Related Improvements (est.)] The estimated construction cost is not the actual construction cost for purposes of payment. Payment of the actual cost of construction shall be in accordance with Section 7 of this Agreement. C. The Grand Highway Non-Site Related Improvements are generally depicted in Exhibit D-1 {Typical Cross Section for Grand Highway). The Hooks Street Non- Site Related Improvements are generally depicted in Exhibit D-2 (Typical Crass Section for Hooks Street}. D. McGILL shall be entitled to impact fee credits for the cost of construction administration of the Non-Site Related Improvements for the Project, which construction administration costs are reflected in the above estimates. tott95a6s;G} 6 Section 4. Brddln~ Requirements. A. For those Non-Site Related Improvements for which McGILL is receiving cash reimbursement, McGILL is required to use the competitive bidding process as set forth in Section 255.OS25, Florida Statutes, Section 255.20, Florida Statutes, and COUNTY'S Purchasing Policies and Procedures to retain a contractor to construct the improvements and to thereafter enter into a construction contract{s) with the selected contractor (the "Construction Contract"}. McGILL shall be required to obtain at least three (3) bids from responsible, qualified contractors. COUNTY shall have the right to review the bidding process utilized by McGILL and shall have the right to review all bids received. In the event that the COLTN'I'Y reasonably determines that the bids do not comply with all legal requirements of aforesaid statutes and policies, then McGILL may either rebid the construction project meeting such legal requirements or proceed with the contractor of its choice. If the COUNTY rejects the bids and McGILL chooses to proceed with the contractor of its choice, then McGILL shall be entitled to receive impact fee credits only. McGILL, or its engineer, shall be the management entity to oversee the work of the contractor for the Project. B. McGILL shall be required to include the following provisions in the Construction Contract: 1. Construction schedule as agproved by COUNTY and with such other requirements as set forth in this Agreement, including requiring the selected contractor to abide by the provisions of Section 14.07.05(D}(3), Lake County Code, Land Development Regulations; 2. Surety, Performance and Payment Bands as provided for in this Agreement; 3. Liquidated Damages as provided for in this Agreement; and 4. Maintenance Bond or irrevocable letter of credit made payable to the COUNTY in the amount of the ten percent (10%) of the actual cost of construction for a period of twenty-four (24) months from the COUNTY'S acceptance of the Non-Site Related Improvements. {01195463;6} 7 C. For purposes of Design Costs, the parties acknowledge that McGILL has not used the competitive bidding process to retain an engineering firm to design the construction of the Non-Site Related Improvements for the Project at the time of execution of this Agreement. However, the Design Costs for the Non-Site Related Improvements associated with the project engineers, as well as those for soil testing and environmental consultants needed for the Project improvements, if any, shall be eligible for impact fee credits as depicted on the Estimated Cost & Expense Sheet attached hereto as Exhibit C-1, C-2, and C-3. Section 5. Construction Schedule. A. McGILL shall hold apre-construction conference with its engineer, its selected contractor, the COUNTY and all utilities and shall notify the parties forty-eight (48) hours in advance of such meeting so as to allow the parties to attend. B. McGILL shall not commence construction of any Phase of the Project until after the pre-construction conference and after receipt of a written "Notice to Proceed" from the COITNTY, which the COUNTY shall issue in its reasonable discretion once the applicable plans and specifications are approved, all necessary permits and approvals have been obtained by McGILL, and all necessary right-of--way has been dedicated by McGILL and GOLDEN CORRAL as required herein. McGILL agrees to complete construction of Phase 1 of the Project within three hundred sixty five (365) days after receipt of alI required permits and approvals and receipt of a Notice to Proceed issued by the COUNTY, or completed within such time frame as approved by the COUNTY once McGILL receives bids for Phase 1 of the Project. Failure to complete construction within this time flame shall result in termination of this Agreement at the option of the COUNTY pursuant to the termination provisions contained herein. C. McGILL shall have the right, but not the obligation, to construct Phase 2 of the Project. If McGILL elects to construct Phase 2, it shall provide written notice to the COUNTY of such election no later than October 1, 2008 and, after providing such notice, shall thereafter proceed to construct Phase 2 in accordance with the terms of this Agreement. The time for completion of Phase 2 shall be as set forth in a Notice to Proceed issued by the COUNTY. Regardless of whether McGILL elects to construct Phase 2 of the Project, McGIL,L shall still be responsible for completing the design and permitting of the entire Phase 2, and shall {01195865;6} 8 transfer ownership of all plans and permits to the COUNTY for future completion of the roadway. D. The parties acknowledge and agree that the construction schedule shall take into account: 1. That it shall be necessary to close Grand Highway and Hook Street to through traffic while phase 1 is being completed, but that completed portions of Grand Highway may be opened so that access can be provided to the Properties. It shall also be necessary to close portions of Hoak Street to through traffic while Phase 2 is being completed. McGILL sha1I submit a traffic maintenance plan, including any opening of completed portions of Grand Highway as provided above, to the COLJN'I'Y and CITY for approval. 2. That the construction for Hooks Street shall be subject to the inspection schedule set forth in Section 14.07.05(D)(3}, Lake County Code, Land Development Regulations, except for construction related to Grand Highway, which shall be subject to inspection schedule as established by CITY. A copy of the inspection provisions shall be made available upon request. 3. That McGILL and its selected contractor shall at all times be in compliance with any NPDES permits issued for the project. E. The time for completion for any Phase of the Project shall be extended by the time during which McGILL's performance is delayed by causes or occurrences outside or beyond the control of McGILL, including, by way of example and not limitation: acts of God, including adverse weather conditions, as deternuned by the COUNTY; strikes or other labor controversies; acts of terrorism or declarations of war; shortages of materials or inability to timely obtain delivery of materials; fire or other casualties; orders or requirements of any governmental authority; change orders to the constnzction project which are required, requested or approved by the COUN'T'Y; and delay, neglect or default of the COUNTY or the CITY. However, if the Non-Site Related Road Improvements identified herein have not been completed within the time periods specified herein, no interruption, interference, inefficiency, suspension or {Dl i 95a6s;6} 9 delay in McGILL's services shall relieve McGILL of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY, or the CITY, excluding hindrances or delays due to fraud, bad faith, active interference on the part of the COUNTY. F. Should McGILL be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of McGILL as set forth herein, then McGILL shall notify the COUNTY in writing within five (S} business days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which McGILL may have had to request a time extension. G. McGILL agrees it, ar its designated engineer, will coordinate, supervise and inspect the Non-Site Related Improvements and will be responsible for construction administration in connection with the Project and shall also sign and seal all As-Built drawings to the COUNTY, or the CITY as applicable, and shall provide engineering certifications to all permitting agencies. McGILL shall coordinate inspection times with the COUNTY. Section 6. Liquidated Darna~es. A. The parties recognize that, since time is of the essence for this Agreement, McGILL, GOLDEN CORRAL and the COUNTY will suffer financial loss if the work is not completed within the time specified. B. The COUNTY shall assess McGILL liquidated damages if McGILL fails to complete construction of the Non-Site Related Improvements in accordance with the time frames set forth herein. If liquidated damages are assessed, such damages shall be imposed where the delay to the final completion date is due to the fault of McGILL, or McGILL'S selected contractor, and are calculated at the rates set forth below per calendaz day for failure to meet the required date of final completion. Liquidated damages are the sole remedy for delays caused by McGILL, or McGILL'S selected contractor. The parties agree that liquidated damages are not being assessed as a penalty. The liquidated damages shall be as follows: Original Contract Amount $50,000 and under Over $50,000, but less than $250,000 $250,000 or more, but less than $500,000 Daily Charge Per Calendar Day $554 $676 $994 {01195465;6 10 $500,00 or mare, but less than $2,500,000 $1,216 $2,500,000 or more, but less than $5,000,000 $2,106 $5,000,000 or more, but less than $10,000,004 $3,218 $10,000,000 or more, but less than $15,000,000 $3,182 $15,000,000 or mare, but less than $20,000,000 $7,614 $20,000,000 and over $7,614 plus 0,00027 percent per day for amount over $20,000,000 C. In the event the Non-Site Related Improvements are not constructed in accordance with the schedule, the COUNTY' shall deduct the liquidated damages, if any, from the overall amount to be paid to McGILL under the terms of this Agreement. Deductions shall be made first from any cash due to McGILL, then from impact fee credits. Section 7. Payment. A. As stated elsewhere herein, McGILL shall be entitled to cash reimbursement and/or transportation impact fee credits for the final cost of the construction of the Non-Site Related Improvements. For the COUNTY'S Fiscal Year 07-08 (from October 1, 2007 to September 30, 2008), McGILL shall invoice the COUN'T'Y on a monthly basis for an amount in cash not to exceed $1,824,000. For the COUNTY'S Fiscal Year 08-09 (from October 1, 2008 to September 30, 2009), McGILL shall invoice the COUNTY on a monthly basis for an amount in cash not to exceed $2,040,000, based an the COUNTY 2409-2012 Transportation Construction Program {TGIF}. The COUNTY'S Fiscal Year 08-09 fimding is dependent upon the adoption of the 2009-2012 TCIP and may be increased or decreased dependent upon available funding (it is anticipated that right of way costs for Phase II will take place in Fiscal Yeaz 08-09 of the TCIP; should the COUNTY desire to incur these costs earlier, then the COUNTY shall coordinate with McGILL to ensure that adequate cash is in place to cover the funding of Phase 1 as it progresses}. Upon reaching the cash cap for any Fiscal Year, McGILL shall not submit any more invoices for cash reimbursement for that Fiscal Year. B. Notwithstanding anything in the above paragraph to the contrary, the COUNTY'S obligation to provide cash reimbursement to McGILL for Phase 1 shall be revised upon McGILL's entry into an agreement with FDOT for the sale of property at the interchange of US 27 and SR 50. McGill shall utilize the sale of this property to cover the cost of FDOT's share of the cost of the Phase 1 Non-Site Related Improvements (estimated at $1,300,000 and hereafter {01195465;6 } 11 referred to as the "FOOT Contribution"} from FOOT for the construction of Grand Highway. The Agreement that McGill is contemplating to sign with FOOT provides that the FOOT Contribution will be reimbursed to McGILL at a later date. Rather than seek reimbursement from the COUNTY, McGILL shall notify the COUNTY immediately upon receipt of the FOOT Contribution and, thereafter, apply the FOOT Contribution towards the cost of construction of Phase 1; provided, however, the COUNTY shall reimburse McGILL for any invoice properly submitted before the COUNTY receives such notice. After receipt of the FOOT Contribution, McGILL shall continue to provide to the COUNTY, on a monthly basis, evidence of the casts incurred by McGILL for construction of Phase 1 sufficient to enable the COUNTY to track and verify such costs and sign off on final construction at the completion of the Project. C. If, after Phase 1 is completed, the amount of cash reimbursement provided by the COUNTY, together with the FOOT Contribution, is insufficient to cover the actual cost of constructing the Phase 1 Non-Site Related Improvements, then McGILL shall submit invoices to the COUNTY and be reimbursed for the remaining sums in cash up to the cash caps referenced in sub-paragraph A. If, after Phase 1 is completed, the amount of cash reimbursement provided by the COUNTY, together with the FOOT Contribution, is mare than adequate to cover the actual cost of constructing the Phase 1 Non-Site Related Improvements, then McGILL shall pay such surplus to the COUNTY prior to final acceptance of the project at completion of Phase 1. At the COUNTY's option, McGill may apply such surplus towards the cost of constructing Phase 2 of the Non-Site Related Improvements or, if notice is not received by the COUNTY by October 1, 20(}8 that McGILL intends to construct Phase 2, then McGILL shall reimburse the COUNTY for any such surplus in cash by October 31, 2008. If, after Phase 2 is completed, the amount of cash reimbursement provided by the COUNTY for Phase 2 construction costs up to the cash cap, together with the application of the FOOT Contribution remaining after Phase 1, if any, is insufficient to cover the actual cost of constructing the Phase 2 Non-Site Related Improvements, then McGILL shall be compensated for all remaining costs as set forth under this Agreement in transportation impact fee credits, or, at the option of the COUNTY, in cash if funding is available in the adopted TCIP and budget for the Project. D. All payments in cash by the COUNTY shall be made in accordance with Part VII, Chapter 218, Florida Statutes, known as the Florida Prompt Payment Act. {o i ~ 9sads:6} 12 E. No later than sixty {60} days after the construction of a Phase of the Project is completed and accepted by the COUNTY, the County will provide McGILL with written notification of the release of the impact fee credits upon receipt of an invoice from McGILL. Alternatively, McGILL may provide an irrevocable letter of credit, or provide a cash escrow, with an Escrow Agreement to be approved by the COUNTY, to the COUN'T'Y in an amount equal to the impact fee credits to be granted for the construction portion of the Project. Upon final approval of the construction plans and acceptance of the irrevocable letter of credit, or the cash escrow agreement, by the COUNTY, and upon the dedication of all required right-of- way and/or drainage easements as set forth in Section 8(C) below, the COUNTY shall release to McGILL the impact fee credits associated with the construction of the Non-Site Related Improvements. The irrevocable letter of credit or cash escrow shall be released upon acceptance of the Non-Site Related Improvements by the COUNTY. F. Notwithstanding anything herein to the contrary, the COUN'T'Y shall not be obligated to pay for the Design Costs for the Non-Site Related Improvements in the event that McGILL fails to comply with any time for performance specifically required by this Agreement (subject to Section 5(D) herein}, unless a duly authorized change order has been issued extending the time for performance. G. To the extent that there is an increase in the actual cost and expense of the Non-Site Related Improvements as a result of any change orders to the plans and specifications or modification of the design of the Project as requested or approved by COUNTY, as actual construction of the improvements progresses, the COUNTY shall reimburse McGILL in impact fee credits in an amount equal to the increase in the cost and expense resulting from such change orders. To the extent there is a decrease in the total cost and expense of the Non-Site-Related Improvements as a result of any change orders to the plans and specifications or construction of the roadway as requested or approved by COUNTY, as actual construction of the improvements the roadway progresses, the amount of reimbursement to McGILL in impact fee credits shall be decreased in an amount equal to the total decrease in the cost and expense resulting from such change order. H. Tn the event the McGILL has elected to provide an irrevocable letter of credit, or cash escrow agreement, and has received the impact fee credits prior to completion of the Non-Site Related Improvements, an increase in the actual cost and expense shall be granted {Ol 195465;6 } 13 to McGILL in impact fee credits upon completion of the Non-Site Related Improvements. unless the parties modify the letter of credit to cover such increase. In the event of a decrease in the actual cost and expense of the Non-Site Related improvements, McGILL shall within ten {10} days of full execution of the change order make a cash payment in the decreased amount to the COUNTY, or accept a decrease in the amount of the impact fee credits, or if a cash escrow agreement is provided, the COUNTY shall retain the amount from such escrow. The COUNTY shall not release the irrevocable letter of credit, or cash escrow, until all such sums, if any, are paid in full. Section 8. Right-of-Way, Stormwater and Drainage Easements. A. McGILL shall dedicate to the COUNTY or the CITY, as applicable, the property as shown in Exhibit E-1, attached hereto and incorporated herein by reference, for use as a public tight-of-way for the Project (the "Right-o# Way's. The conveyance of the Right-of- Way shall be by plat or general warranty deed and shall be free and clear of all liens and encumbrances except as approved by the COUNTY or the CITY, as applicable, in its sole discretion. A certificate or opinion of title from an attorney or title company evidencing the same shall be provided to the COUNTY or the CITY, as applicable, upon acceptance of the plat or delivery of the deed. B. McGILL shall grant to the CITY and COUNTY a perpetual non-exclusive drainage and retention pond easement over the property described in Exhibit E-2, for use for Grand Highway and Hooks Street, Phase IV. The retention pond and drainage easement as shown in Exhibit E-2 shall be a joint use pond between the COUNTY, CITY and McGILL, its successors, assigns. However, McGILL, or a property owner's association established by McGILL, shall be responsible for maintaining the pond and the associated conveyance system to the pond for the Project from the COUNTY'S right-of--way, and the CITY and COUNTY shall have the right to expand or modify the drainage easement and the pond, if necessary, to serve Phase 2 of the Project. C. All Right-of--Way to be dedicated and retention/drainage easements to be granted by the parties shall be fully executed and recorded at the time the construction contract is awarded to the successful bidder by McGILL. All parties hereby acknowledge and agree that no impact fee credits, whether partial or full, or cash reimbursements, if any, shall be made until {Ol 195465;6} 14 such time as all the necessary Right-of--Way and easements are dedicated and recorded in the public records of Lake County, Florida. D. McGILL shall have the right to enter the Right-of-Way for the purpose of constructing the Nan-Site Related Improvements and such right shall survive the conveyance of the Right-of--Way to the COUNTY; provided, however, this right to shall automatically temunate upon completion and acceptance by the COUNTY, or the CITY as applicable, of the Non-Site Related Improvements for any given Phase of the Project. E. The CITY shall assume all maintenance for the Grand Highway roadway and right-of way upon completion, approval and acceptance of the improvements by the COUNTY and the CITY. The COUNTY shall assume all maintenance for the Hooks Street roadway and right-of way upon completion, approval and acceptance of the improvements by the COUNTY Section 9. Golden Corral Contribution. A. No later than commencement of construction of Phase 1 of the Project, GOLDEN CORRAL agrees to dedicate ,to the CITY the property as shown in Exhibit F, attached hereto and incorporated herein by reference, for use as a public right-of--way for the Project (the "GC Right-of-Way"}. The conveyance of the GC Right-of--Way shall be by general warranty deed and shall be free and clear ~of all liens and encumbrances, except as approved by the CITY, in its sole discretion. A certificate or opinion of title from an attorney or title company evidencing the same shall be provided to the CITY upon delivery of the deed. B. In addition to the GC Right-of Way contribution, GOLDEN CORRAL will pay to the COUNTY two hundred fifty thousand dollars ($250,000) no later than commencement of construction of Phase 1 of the Project. Within thirty (30) days of receiving such funds from Golden Corral, the COUNTY will grant and transfer to GOLDEN CORRAL $140,000.00 in impact fee credits. C. In consideration of GOLDEN CORRAL'S contributions hereunder, GOLDEN CORRAL shall have the right to defer payment of impact fees from the date of issuance of a building permit to the date of issuance of a certificate of occupancy in accordance with Section 22-10(2) of the Lake County Cade so long as the use does not constitute commercial retail. {0114546i;6~ 15 Section 10. Assignment of Impact Fee Credits. Each of MCGILL and GOLDEN CORRAL shall have the authority to assign or transfer impact fee credits, once granted by the COUNTY, from their respective Properties or projects to another property or project within the same impact fee district. Upon the effective date of this Agreement, each of MCGILL and GOLDEN CORRAL may transfer impact fee credits in accordance with Section 22-40, Lake County Code. Approval and execution of this Agreement shall serve as the Board of County Commissioner's approval to transfer impact fee credits available to MCGILL and GOLDEN CORRAL pursuant to this Agreement. For purposes of Section 22-40 of the Lake County Code, a successor-in-title to the Property shall not be considered as a "second transferee" and shall be entitled to further transfer impact fee credits authorized by this Agreement. Section 11. Termination. A. The COUNTY may elect to terminate this Agreement due to a default on the part of MCGILL in performing its obligations hereunder. In such event, the COUNTY must provide written notice of its intent to terminate the Agreement and shall include a specific description of the alleged default for which the notice is given. MCGILL shall then have thirty (30) days from the date of receipt of the notice within which to cure any default described in the written notification, or, if the default cannot be cured within thirty (30} days, the aforesaid period shall be extended through completion of the cure so long as MCGILL commences the cure within the initial thirty (30) day period. In the event the default is not cured within thirty (30) days (or such longer period as applicable), the COUNTY shall have the option of terminating this Agreement and using the Performance and Payment Bond or other form of security as required elsewhere herein to complete construction of the remaining portion of the Non-Site Related Improvements. This provision shall only be applicable to a default not specifically addressed in subsections B through E below. B. Regardless of whether MCGILL receives impact fee credits or cash pursuant to this Agreeement, in the event the actual costs of construction as determined through the bidding process are more than twenty percent (20%) higher than the estimated casts of construction as provided for in Section 3, then either party shall have the option of terminating this Agreement far a period of time of up to forty-five (45) days notice to the other party; provided, however, MCGILL reserves the right at any time to agree to pay, with the understanding that the COUNTY shall not reimburse MCGILL the portion of the actual costs of ~O1 !95465;8} 16 construction that are more than twenty percent (20%) higher than the estimated costs of construction as provided in Section 3, in which case this Agreement shall remain in full force and effect. C. If McGILL elects to accept a bid when the COUNTY has determined and informed McGILL that the bidding process was insufficient in accordance with Section 4 above, then the COUNTY shall have the right to terminate this Agreement upon ten {10) days notice. D. The COUNTY shall have the option of immediately terminating this Agreement in the event the required Right-of--Way and easements for the roadway and its related stormwater management system are not conveyed to the COUNTY and/or CITY prior to the construction of the Non-Site Related Improvements. E. The COUNTY may terminate this Agreement upon ten (10) days notice if McGILL fails to (1) obtain COUNTY approval of the Plans and Specifications within the time frames set forth herein, or (2) complete construction in the time frames set forth herein, subject to the terms and provisions contained in Section 5 herein. If the COUNTY elects to terminate under this provision, it shall have no obligation to pay for any Design Costs; provided, however, that if all Right-of Way, retentionldrainage easements, permanent grading easements, temporary construction easements, and all permits have been dedicated to the COUNTY, and the signed and sealed plans are fully assigned to the COUNTY, then the COUNTY shall have the option to bid and build the road improvements, and provide impact fee credits for the Design Costs to McGILL. F. Nothwithstanding termination of this Agreement by the COUNTY, GOLDEN CORRAL shall be entitled to impact fee credits in accordance with Section 4 provided that GOLDEN CORRAL has made its contributions required under such Section and is not in default of this Agreement. G. McGILL shall use its best efforts to sign the agreement with FDOT for the FDOT Contribution prior to awarding of a bid on the Project. If the FDOT agreement is not signed by that date, then the COUNTY has the option to terminate this agreement; or, if the COUNTY is able to sign a separate agreement with FDOT for the FDOT Contribution the COUNTY has the option to allow the award to proceed. It is the intent of the parties that Grand Highway is constructed to FDOT standards and therefore requires FDOT to pay the cost difference. {01 i 9sass;~} 17 Section 12. Indemnity. McGILL shall protect, defend, indemnify, and hold harmless the other parties, their officers, commissioners, employees and agents from and against any and all losses, penalties, damages, settlement, costs, charges, professional fees, including a reasonable attorney's fee or other expense or liabilities, of every kind and chazacter resulting from any error, omission, or negligent act of such indemnifying party, including itself, its agents, employees or representatives, in the performance of its obligations under this Agreement. Section 13. Pa went and Performance Sonds• Irrevocable Letter of Credit. A. McGILL, or its contractor, shall, prior to proceeding with construction of each Phase of the Project, first provide a performance band or irrevocable letter of credit, to the COUNTY that complies with the applicable provisions of the Florida Statutes for public construction bonds. The security instrument shall be made payable to or in favor of the COUNTY in the amount of one hundred ten percent (110%) of the construction costs of the Non- Site Related portion of such Phase and shall remain in effect until such Phase has been completed and the related improvements have been accepted by the COUNTY. In addition, McGILL, or its contractor, shall provide, prior to proceeding with construction of each Phase of the Project, a payment bond to the COUNTY that complies with the applicable provisions of the Florida Statutes for public construction bonds. B. If the construction contract does not exceed $500,000, the surety must satisfy the conditions contained in Section 287.0935, Florida Statutes. If the construction contract exceeds $500,000, then the surety must satisfy all conditions contained in Section 287.0935, Florida Statutes, and must also have a current rating of at least Excellent (A or A-) as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc., of 75 Fulton Street, New York, NY 10038, with an underwriting limitation of at least two times the dollar amount of the contract. C. McGII,L, or its contractor, shall warrant the work performed in any given Phase of constructing the Non-Site Related Improvements for a period of twenty-four (24) months from the date of completion and acceptance by the COUNTY, or the CITY, whichever is applicable, of such portion of the Non-Site Related Improvements, and the warranty shall be backed by a Maintenance Bond or irrevocable letter of credit for the benefit of the COLTNT'Y or CITY, whichever is applicable, which represents ten percent (10%} f the cost of the construction of the Project, including both Site-Related and Non-Site Relate improvements. {oi i9sa6s;6} 18 D. For any bonds required by this Section 13 and posted by McGILL's contractor, the COUNTY and McGILL shall be named as co-obligees on any such bonds. Section 14. Concurrency Management. McGILL and GOLDEN CORRAL, their successors or assigns, hereby acknowledge and agree that they shall satisfy all concurrency requirements as set forth by the governing body having jurisdiction over their respective developments. This Agreement shall not be construed to grant McGILL or GOLDEN CORRAL, their successors or assigns, any entitlements in this respect. Section 15. Notices. A11 notices, demands, or other writings required or permitted to be given or made or sent under this Agreement, by either party to the other, shall be in writing and shall be deemed to have been fully delivered upon (i} receipt of such notice when hand delivered (by personal courier or overnight delivery service) to the party to whom such notice is addressed as set forth below, (ii) receipt of such notice as indicated by the signature, and date on the return receipt of a certified mailing, or (iii) on the same day if sent by facsimile and a printed confirmation of transmission is obtained by the sender and a copy sent by certified mail, and addressed and transmitted to the party to whom such notice is to be delivered as set forth below. McGILL McGILL Property Group 125 W. Indiantown Road, Suite 102 Jupiter, FL 33458 Attention: Jobn McGill Telecopy No. 561-3305 COUNTY Lake County, Florida Lake County Administrative Center 315 West Main Street Tavares, FL 32778 Attn: County Manager Telecopy No. 352-343-9495 With a copy to: With a copy to: {oilssa65s} 19 Christopher Raper, Esq. Akerman Senterfitt 420 S. Orange Avenue, Suite 12 Orlando, FL 32801 Telecopy No. 407-254-4209 GOLDEN CORRAL Clermont GC LLC Attn: Eric Holm 5535 South Kirkman Road Orlando, FL 32819 Telecopy No. 407-629-2734 With a copy to: Christopher Roper, Esq. Akerman Senterfitt 420 S. Orange Avenue, Suite 12 Orlando, FL 32841 Telecopy No. 407-254-4209 Lake County Department of Public Works 437 Ardice Avenue Eustis, FL 3272b Attn: Engineering Director Telecopy No. 352-483-9015 CITY Wayne Saunders, City Manager 685 West Montrose Street Clermont, FL 34711 With a copy to: Daniel F. Mantzaris de Beaubien, Knight, Simmons, Mantzaris & Neal, P.A. 332 North Magnolia Avenue P.O. Box 87 Orlando, FL 32802 Any party by written notice in accordance with the requirements of this Section may modify its address for receipt of all future notices. Section 16. Entire A>reement. This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matter addressed herein, and all prior negotiations, correspondence, conversations, agreements, understandings representations and statements, oral or written, are incorporated and merged into this Agreement. Section 17. Amendments to A Bement. No modification, amendment or alternative of the terms or conditions herein shall be effective or binding upon the parties hereto unless the same is contained in a written instrument executed by the parties, with the same formality, and of equal dignity herewith. Any change orders which are mutually agreed to by the parries, reduced to writing and extended in accordance with the COUNTY' S Purchasing Policies and Procedures, to the extent applicable, shall be deemed to satisfy the provisions of this Section, and the same shall be effective and binding on the parties. Sectiom 18. Bindin>; Effect. This Agreement shall be binding upon and inure to the benefit of the parites and their respective successors and assigns. The terms and conditions {01195465;6} 20 of this Agreement shall burden, benefit, and shall run with the title to the Golden Corral Property and the McGill Property. A. No Waiver. The failure of any parry to insist upon strict and exact compliance with any provision hereof shall not constitute a waiver of the rights of such party to subsequently insist upon compliance with that provision or any other provision of this Agreement. Failure of any party to pursue or exercise any power, right or remedy on one occasion shall not constitute a waiver of the rights of such party to exercise such power, right or remedy on any subsequent occasions. B. Rights Cumulative. All rights, remedies, powers and privileges conferred on the parties under this Agreement shall be cumulative of and in addition to, but not restrictive of or in lieu of, those conferred by law and/or available in equity. Section 19. Severability. If any provisions of this Agreement, the deletion of which would not adversely affect the receipt of any material benefits by a party hereunder or substantially increase the burden of a party hereunder, shall be held invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability or the remainder of this Agreement. Section 20. Authority. Each party warrants and represents to the other that it has all necessary power and authority to enter into and consummate the terms ar~d conditions of this Agreement and that, upon execution of this Agreement by all parties, this Agreement shall be valid, binding and enforceable against such parties and their respective successors and assigns. Section 21. Breach. In the event of a breach of this Agreement by any party hereto, the other party or parties shall have all rights and remedies allowed by law, including the right to specific performance of the provisions hereof. Sectlon 22. Governin~Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the Circuit Court of and for Lake County, Florida. Section 23. Interpretation.. This Agreement shall not be construed more strictly against one party than against the other merely by the virtue of the fact that it may have been prepazed by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement. {oi i9sa6s;6} 21 Section 24. Time is of the Essence. Time is hereby declared to be of the essence in the performance of the duties and obligations of the respective parties to this Agreement. Sectlou 25. Captions. The captions or Section headings in this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation, or meaning of this Agreement. Section 2b. Disclaimer of Third Par Beneficiaries. No right or cause of action shall accrue upon or by reason of this Agreement, to or for the benefit of any third party not a formal party hereto, except any successors in interest to or assigns of the parties. Section 27. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. Section 28. No Recording. This Agreement shall nat be recorded in the Public Records of Labe County, Florida. Section 29. Effective Date. This Agreement shall become effective upon the date that the last party hereto executes it. Section 30. Certificates of Occu anc . Nothing herein shall prohibit the CITY, acting iun its sole discretion, from issuing any certificate of occupancy prior to the completion of Phase 1 of the Non-Site Related Improvements required as part of this Agreement. {O 1195465;6) 22 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: Nei Kel lerk t e Board of County Commissi ,Lake County, Florida Approved as to form and legality: Sanford A. Minkoff County Attorney LAKE COUNTY, FLORIDA through its BOARD OF COUNTY COMMISSIONERS Welton G. Cadwell, Chairman ,~ C r>~ This ~n r~ day of ~ ~ -~ ~~ (1, , ~89~:~ {01195465;6} 23 CITY OF CLERMONT ATTEST: ~, City Clerk ' ~ Approve Fo g 'ty: ,~, ~, ~ orney not Name. ' :(c;~ %~f i i (~~ Title: ~ ` ~ ~~ ~ {O! t 95465;6} 24 Signed, sealed and delivered in the presence of: "McGILL" CLERMONT LAND DEVELOPMENT, LLC, an Ohio limited liability company By: CLERMONT PROPERTY MANAGEMENT, LLC, an Ohio limited liability company ~, By; ~ - Jo . Mr.G><ll. as its President STATE OF COUNTY O ,,,~j The foregoing instrument was acknowledged before me flit '~/ ~ay ofy~1~~~- j~00~by John R. McGill, as President of Clermont Property Mangement, LLC,'an Oleo limited liability company, the sole member of Clermont Land Development, LLC, an Ohio limited liability company. Said person (check one) is personally known to me _ o~--e--~ar~sed v~\\\9111111 ! 111 ///~~~ \a°~avO r'°A C~N/~~~Y~~~i .... ! ~ \~ o~~~berCS, ~a~ ~ ~4 •~* e ° ~~~ °= 2'a #DD 335301 ~' 01 f"~'~sAUeCIC STP~~~~\~ s/o/~Itliltllll\\° Print Name: L!/~/~?d' L'~Ji Notary Public, State of Florida Commission No.:~. J ..~3 ~.3v 1 My Commission Expires: ~i ~- ~ {OI 195465;6} 25 Signed, sealed and delivered in the presence of: Print Name: Print Name: ~ ~ k. ~ s STATE OF C~ E~ ~ZC~/ ~ COUNTY OF Ftii +--i c~ "Golden Corral" CLERMONT GC, LLC, a Florida limited liability company By: -z_~~- Name: ` ~ <---, Title: ~~-~--~ The foregoing instrument was acknowledged before me this u)~`!day of ~~~~be~~ , 200_7, by as of Clermont GC, LLC, a Florida limited liability company. Said person (check one) ~s personally known to me or ^ produced as identification. ``~~~tUU nt-~ry~~~ ~ i .o~Q~N~,?qy%,; (~Q~~ ~~1;~SSIOIV F,1^ O~ii . ~ 9~,: ~ Print Name: YA J t~IZ-~~ ~ JAN m : * ~ Notary Public, State of EleriBa ~EO~c~~ rl 3 Commission No.: a: 2011 My Commission Expires: J ~ nl 3• , Zi l l Z 'eo. ~~' ~v~ 00~.•••...f•:A~r.~~ {01195465:6} 26 EXHIBITS: Exhibit A-1 McGill Property Exhibit A-2 Golden Corral Property Exhibit B Project Description Exhibit C-1 Estimated Cost and Expense Sheet for Grand Highway Exhibit C-2 Estimated Cost and Expense Sheet for Hooks Street Exhibit C-3 Design Cost Estimate Exhibit D-1 Typical Cross Section for Grand Highway Exhibit D-2 Typical Cross Section for Hooks Street Exhibit E-1 ROW Dedication Exhibit E-2 Drainage Easement Exhibit F GC Right-of Way Dedication {01195465;6} 2'] Exhibit A-1 McGill Property A PORTION OF TRACTS 24 AND 25, LAKE HIGHLANDS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBID AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID TRACT 24; THENCE RUN SOUTH 00°26'33" WEST, ALONG THE EAST LINE OF SAID TRACT 25, A DISTANCE OF 597.97 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF HOOK STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2232, PAGES 1192, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT ALSO BEING ON A NON- TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2033.00 FEET; THENCE, FROM A TANGENT BEARING OF NORTH 81°47'47" WEST, RUN WESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 27.75 FEET THROUGH A CENTRAL ANGLE OF 00°46'56" TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2133.00 FEET; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 276.69 FEET THROUGH A CENTRAL ANGLE OF 07°25'56" TO THE POINT OF TANGENCY; THENCE RUN NORTH 88°2708" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 288.33 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF THE CORNER CLIP OF HOOK STREET PER OFFICIAL RECORDS BOOK 2232, PAGE 1203; THENCE RUN NORTH 43°58'30" WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 57.08 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF GRAND HIGHWAY AND THE WEST LINE OF SAID TRACT 25; THENCE, DEPARTING SAID NORTHERLY RIGHT OF WAY LINE OF HOOK STREET, RUN NORTH 00°30'11" EAST, ALONG SAID EAST RIGHT OF WAY LINE OF GRAND HIGHWAY AND THE WEST LINES OF TRACTS 24 AND 25, A DISTANCE OF 760.28 FEET; THENCE, DEPARTING SAID EAST RIGHT OF WAY LINE AND SAID WEST LINES OF TRACTS 24 AND 25, RUN SOUTH 83°22'03" EAST, A DISTANCE OF 264.80 FEET; THENCE RUN SOUTH 89°46'29" EAST, A DISTANCE OF 367.15 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 24; THENCE RUN SOUTH 00°26'33" WEST, ALONG SAID EAST LINE OF TRACT 24, A DISTANCE OF 208.66 FEET TO THE POINT OF BEGINNING. CONTAINING 11.388 ACRES, MORE OR LESS (496,083 SQUARE FEET}, TOGETHER WITH: A PORTION OF NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 26 BAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT T'ITE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF SECTION 30; THENCE RUN NORTH 00°30'11" EAST, ALANG THE EAST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 124.68 FEET; THENCE, DEPARTING SATI3 EAST LINE, RUN NORTTI 89°29'49" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF GRAND HIGHWAY AND THE NORTHERLY RIGHT OF WAY LINE OF THE CORNER CLII' OF HOOK STREET PER OFFICIAL RECORDS BOOK 2232, PAGE 1203 FOR A POINT OF BEGINNING; THENCE RUN SOUTH 45°11'19" WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE OF HOOK STREET, A DISTANCE OF 56.88 FEET TO THE NORTH RIGHT OF WAY LINE OF HOOK STREET PER OFFICIAL RECORDS BOOK 2232, PAGE 1192; THENCE RUN SOUTH 89°52'23" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 381.12 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF THE CORNER CLIP OF HOOK STREET PER AFOREMENTIONED OFFICIAL RECORDS BOOK 2232, PAGE 1203; THENCE RUN NORTH 51°26'32" WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 62.45 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 27 {STATE ROAD 25) PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP DATED OCTOBER 2005 (FIN. PROD. ID: 238423-1); THENCE, DEPARTING SAID NORTHERLY RIGHT OF WAY LINE OF HOOK STREET, RUN THE FOLLOWING FIVE COURSES ALONG SAID EAST RIGHT OF WAY LINE: THENCE RUN NORTH 12°45'29" WEST, A DISTANCE OF 381.06 FEET; THENCE RUN NORTH 02°59'40" EAST, A {oi ~9sa6s;6; 28 DISTANCE OF 299.50 FEET; THENCE RUN NORTH 10°41'42" EAST, A DISTANCE OF 461.36 FEET; THENCE NORTH 24°08'13" EAST, A DISTANCE OF 115.46 FEET; THENCE NORTH 60°06'21" EAST, A DISTANCE OF 116.69 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 50 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP DATED OCTOBER 2005 (FIN. PROD. ID. 238423-1}, SAID POINT BEING ON ANON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 8669.42 FEET; THENCE, FROM A TANGENT BEARING OF SOUTH 79°36'57" EAST, RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTH RIGHT OF WAY LINE OF STATE ROAD 50, A DISTANCE OF 109.87 FEET THROUGH A CENTRAL ANGLE OF 00°43'34"; THENCE, DEPARTING SAID CURVE AND SAID SOUTH RIGHT OF WAY LINE, RUN SOUTH 00°30'11" WEST, A DISTANCE OF 210.00 FEET; THENCE RUN SOUTH 81°02'09" EAST, A DISTANCE OF 210.00 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF GRAND HIGHWAY; THENCE RUN SOUTH 00°30'11" WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1023.81 FEET TO THE POINT OF BEGINNING. CONTAINING 14.148 ACRES, MORE OR LESS (616,276 SQUARE FEET). A PORTION OF TRACTS 38B AND 39, IN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST, OF THE MAP OF LAKE HIGHLANDS COMPANY, AS RECORDEI} TN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE 1/4 CORNER COMMON TO SECTIONS 29 AND 30, TOWNSHIP 22 SOUTH, RANGE 26 EAST, MONUMENTED WITH A 4x4 INCH SQUARE CONCRETE POST WITH A 3x3 INCH SQUARE ALUMINUM PLATE MARKED T 22 S R 26 E - 30/29 - DOT - 10/29/73; THENCE ALONG THE EAST-WEST CENTER OF SECTION LINE OF SAID SECTION 29, SOUTH 88°26`39" EAST 910.52 FEET; THENCE LEAVING SAID CENTER SECTION LINE, SOUTH Ol°46' 27" WEST 50.00 FEET TO THE POINT OF BEGINNING MONUMENTED WITH A 5/8 X 24 INCH IRON ROD AND PLASTIC CAP MARKED "FLA GEO LB 7063"; THENCE THROUGH THE FOLLOWING 11 COURSES OF WHICH EACH COURSE IS MONUMENTED WITH A 5/8 x 24 INCH IRON ROD AND PLASTIC CAP MARKED "FLA GEO LB 7063": SOUTH 21°13'09" WEST 26.92 FEET; SOUTH 49°07'03" EAST 66.75 FEET; SOUTH 47°59`25" EAST 38.89 FEET; SOUTH 44°24'03" EAST 47.48 FEET; SOUTH 41°47'05" EAST 49.36 FEET; SOUTH 38°52`01" EAST 47.30 FEET; THENCE SOII3'H 36°37'05" EAST 89.87 FEET; THENCE SOUTH 36°28'22" EAST 142.18 FEET; THENCE SOUTH 40°59'47" EAST 131.54 FEET; THENCE SOUTH 45°21'50" EAST 186.47 FEET; THENCE SOUTH 63°17'14" EAST 41.06 FFSET; THENCE SOUTH 75°18'37" EAST 12.90 FEET TO A POINT MONUMENTID WITH A 5/8 INCH IRON ROD AND CAP MARKED LB 695, SAID POINT BEING 170.51 FEET WESTERLY OF THE EASTERLY LINE OF SAID TRACT 388; THENCE PARALLEL WITH SAID EASTERLY LINE OF SAID TRACT 38B NORTH 00°11' 19" EAST 625.28 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF HOOK STREET, MONUMENTED WITH A 5/$ x 24 T.NCH IRON ROD AND PLASTIC CAP MARIO;D °FLA GEO L8 7063", SAID POINT BEING 170.51 FEET WESTERLY OF SAID EASTERLY LINE AND 50.00 FEET SOUTHERLY OF SAID EAST-WEST CENTER OF SECTION LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE PARALLEL WITH AN77 50 FEET SOUTHERLY OF SAID EAST-WEST CENTER SECTION LINE NORTH 88°26`39" WEST 573.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO ANY EASEMENTS OF RECORD, OR UNRECORDED. CONTAINING 4.54 ACRES, MORE OR LESS. {01198463;6} 29 ~~~~~t~ «~" ~~-u ~.. ,. That part of the West half of Tract 24 anti. Tract 9B lying 5onih of State Road Sf? and all land lyrag between tiro South boands¢y 1•iua of Tract 9B end tho North bpuz~dery lino of the West half of 'T'ract 24 sltowa as the ummetndd tR>,0ot, all according to 9ie Plat of Leka Highlenda, Soetion 29, Towr~tip 22 Sautft, Range a6 East, Lake County, Fbrida. LT?SS AND F.XCl3PT; That part of the Wcst ono-~tlf of Tract Z4, Lake I3ighlanda Comperty ~rbdivision, lying South of the Southarly right-o~way line of State Road S0, Soctiorr 29, Tovvr~abip 22 3autis, Rang~o 26 T3ast, recorded fr« Plat Book 2, Pegs ZS, Pttbtic Records Of bake County, Florida, and des~n'bsd as follows; 13ogin st the Southeast aomer of tiro Writ otro-half of acid 'Fact 24; tbonce run North.&$°42'01" West, a distance of 300.38 foot to the Bast right-of- way line o1' Cu'and Highway, thetxa tva aksttg the Eaut sigIxt-of-way lino of Cad Highway North 00°42'29" ~, a tliattutce of 304.84 feat; Nance run 3ouxh 89°39'42" East, a dtatance of 300.17 foot to tltc Etlwt Iina of t~ettleaid Waat aato- half of Trnd Z4; ttt~rce rrm South 00°i4'4l" West, along tho said T3ast line a distance of 313.88 feat to the Point of Begirming. ALSO LESS AND EXCl3P'f that certain propeuty conveyed to tho City of Clamrorr< ftlad Novernbar 20, 1991 in Qf~ael Raco~s Book l 136, Pa$a 916, Fublic Rscvrds of Lake County, Florida. TOGETHER WITH A parcel of land boiug >l portiaa of Tretx 24, I.eks HiglrTarsds ~ Subdlvlaina, in SacBoln 29, 'fowwhip ZZ So^oih, Tlanga 26 l:aat, rss recorded to Flat BoaScZ, Pagc 2S, l'ablic llrococds of l.alcv Cowaty, Florida. end being itsoxc p®ttcuTarly dascn'bod as foliowa: Cates at the Southeast eoraas of t~eid Tract 24; tbenca runt Nortlr00° 10'28' Wes4 sEol~ 1ha ];art line ofsaid Tract 24 for a diso®tca of208.66 tEet to the POINT 0~' BEGINMNO; thanca departing ta~tdHasc line, South 852°35'38' blast for s dtatauce of 3b7.15 abet; theaca North 84°03'36" West fa a dfataatee of 264.70 feat to a polrrc on the Easterly Rigizt of-Way of t3nnd Y~ghwty, said point bang 30.00 feet East ofdu YJeat fins of the Northwest ! k of avid Sectioa z9; thanee North 00°109`49" Weatetang said Eastorty Right of Way for a diatttnca of 85.00 feet; thanee dapaning saki Right-oi Way, North 89°34'59" Vast far a distance ai 300,43 fcet; thcrtcc North 40° l 1'02" Wan Par a dltennce of 32.03 treat; tbeaoe North 89°5P10" East for a distaact of 1 SD.Ti feet', thence South 00°09'59" >~ fur a distance of 65.96 feet, thettet Nori$ 89'35'38" East for a distttnta of 180.08 ~ thexs South 04°1028" Fast, along the East lino of said Ttrtct 24 for a distance of 78.1)0 feet to the POINT Olt Hl~GlrIN1NO. 4. --~ ~- cz ~s~n ~~ ~ Exhibit C-1 P~~. Estimated Cost and Expense Sheet for C-~ren3-Higirn~y (see attached) {01195a65;b} 32 Project Name: Clermont Land Development, LLC Job # : 20os.a739 ddress:Hook Street & Grand Highway Phase I "Non-Site" Cost Estimate DESCRIPTION QTY. UNIT UNIT COST TOTAL Dlv. 2 SITE CONSTRUCTION 02200 Site Pre eration 02220 Site Demolition 240-4100 Sidewalk removal, Concrete, lain, 4" 133.33 SY $8.45 $1,126.6 250-5050 Pavement removal, bituminous roads, 4"-6" 5682.2 SY $6.75 $38,354.99 250-6x00 Curbs, concrete, lain 660 LF $3.77 $2,488.20 360-0015 Saw coffin as halt, u to 3" dee 220 LF $'1.35 $297.00 428-0600 Bollards removal 12 EA $5.65 $67.80 Subbase removal, 2-114 C.Y. ca . estima#ed 1262.7 BCY $1.19 $1,502.6 Sina a removal estimated 4 EA $5.65 $22.6 02230 Site Clearing: Right of Way expansion 100-0160 Clear & rub brush includin stems 4.53 AC $5,125.00 $23,218.25 300-1550 Tree removal u to 12" diameter, hardwood 46 EA $19.30 $887.80 300-1650 12" to 24" diameter, hardwood 66 EA $24.00 $1 584.00 300-1750 24" to 36" diameter, hardwood 8 EA $39.00 $312.00 Total $69,859.91 02300 Earth Work 02305 Mobilization or Demobilization 250-0100 Dozer, Loader, Backhoe, above 150 H.P. Assume 2 needed 1 LS $25,000.00 $25,000.00 02310 Gradin 100-0011 Finish grading granular subbase for highway avin 16067 SY $0.52 $8,354.8 100-0200 Grade Subgrade for Base Course (Road way} 16067 SY $0.36 $5,784.1 100-1200 Fine rade ranular base for sidewalks 2167 SY $1.06 $2,297.0 Gradin o eration for and construction 1 LS $25 400.00 $25,400.0 02315 Excavation and Fill 424-1350 Front end loader 5 C.Y. ca . = 160 C.Y./hr. 77201 BCY $1.43 $110,397.4 Fill for the roadwa and and estimated 50512 CY $0.36 $18 184.32 490-0030 6 C.Y. dum truck 112 mile round tri 18600 LCY $4.42 $82,212.00 610-0090 Excavation Trench 4'-6' deep w/ 112 cu.yd. Backhoe 4169 CY $5.45 $22,721.05 610-1300 Excavation Trench 14'-20' deep 1 cu.yd. h draulic Backhoe 19057 CY $4.43 $84,422.51 C:1Documents and SettingslcmperlLocal Settings\Temporary Intem'~t~il~s1CLK5E\06 0739CostEat Phase 1a.xls 11/12/2007 Project Name: Clermont Land Development, LLC ~o~ # :2406.0739 ddress:Hook Street ~ Grand Highway Phase I "Non-Site" Cost Estimate DESCRIPTION QTY. UNIT UNIT COST TOTAL 02340 Soil Stabilization 500-2060 Lime Soil Stabilization 12" Dee 5355.6 SY $7.75 $41,505.51 02370 Erosion Control 700-1000 Silt Fence, Pol ro lene, 3' hi h 4280 LF $0.80 $3,424.0 700-1250 Ha Bales 880 LF $2.94 $1,999.2 Total $439 ,702.0 02600 Draina e & Containment 02630 Storm Draina e 400-1730 Precast InIetlManhole u to 8' de th 10 EA $2,050.00 $20,500.0 Precast Inlet 10' de th -Estimated 5 EA $2,60D.D0 $13,000.0 Precast Inlet 12' de th -Estimated 3 EA $3,150.00 $8,450.0 Precast Inlet 14' de th -Estimated 1 EA $3,700.D0 $3,700.0 Precast Inlet 16' de th -Estimated 5 EA $4,250.00 $21,250.0 Precast inlet 20' de th -Estimated 6 EA $5,350.00 $32,100.00 Precast inlet 45` de th -Estimated 2 EA $17,300.00 $34,600A0 530-2030 18" RCP 1040 LF $36.00 $37,440.00 530-2040 24" RCP 205 LF $5D.50 $10,352.50 530-2050 30° RCP ~ 495 LF $74.00 $36 630.0 5302080 36" RCP 195 LF $97.50 $19,012.5 530-2070 42" RCP 340 LF $121.00 $41 140.0 530-2080 48" RCP 560 LF $144A0 $80 640.0 530-2090 60" RCP 790 LF $216.00 $170 640.0 Storm pipe plug -Estimated 10 EA $716.00 $7,160.0 Total $537,615.0 02700 Bases, Ballasts, Pavements & A 02720 Unbound Base Courses ~ Ballasts 200-1523 1-112" 12"dee com acted crushed stone 5355 CY $35.50 $190,102.5 02740 Flexible Pavement 310-0420 As haltic concrete 2-112" thickness 16067 SY $6.95 $111,665.6 02760 Pavement Markings 300-0200 6" Wide white or ellow 28240 LF $0.41 $11,578.4 300-0760 Arrows 232 SF $6.30 $1 461.8 300-0750 12" Thermo lastic bar 1320 LF $2.81 $3,709.2 C:1Documents and Settingslcrope~Local SettingslTemporary Intem~tR~iI~s10LK5E106 0739CostEst Phase 1a.xls 11/12/2007 Project Name: Clermont Land Development, LLC Job # : 2oQ6,07'3 ddress:Hook Street S Grand Highway Phase I "Non-Site'" Cost Estimate DESCRIPTION QTY, UNIT UNIT COST TOTAL 02770 Curbs and Gutters 300-0300 Concrete wood forms 6" x 18" strai ht curb 720 LF $8.25 $5,940.0 300-0400 Concrete wood forms 6" x 18" radius curb 45 LF $16.00 $720.0 300-0430 6" hi h curb and 6" thick utter, 24" wide 3960 LF $22.50 $89,100.00 02775 Sidewalks 275-0310 4" thick, broom finish 3000 si. no base 19503 SF $3.58 $69 820.7 Handicap ramp w/truncated domes 10 EA $3,fi22.74 $36,227.4 Tota[ $520,325.4 02800 Im rovements and Amenities 02820 Fences 8~ Gates 130-0200 6' Hi h Chain Link Fence Industrial 855 LF $18.85 $16,116.7 130-1400 Gate for 6' Hi h Chain Link Fence Industrial 2 EA $273.00 $546.0 02830 Retaining Walls 200-7160 Ke stone Walls Base Not Included 12255 SF $35.00 $428 925.0 02890 Traffic Signs 8~ Signals 100-0900 18" x 24" stock si ns, reflectorized 9 EA $73.50 $661.5 Overhead strun traffic si na[: US 27 and H 50 redo 2 LS $175,000.00 $350,000.0 100-1500 Steel posts (10') 9 EA $30.00 $270.0 Total $796,519.2 02900 Plantin 02920 Lawns & Grassess 400-0500 Soddin , 1" dee slo ed round over 8000 SF 23900 SF $0.57 $13,623.0 Seed & mulch pond bottom -Estimated 13800 SY $0.48 $6,624.0 Tota! $20 247.0 Div. G BUILDING SITEWORK Others Testin ,estimated 1 LS $121,580.00 $121,580.0 Construction administration, estimated 1 LS $15,000.00 $15,000.0 Total $~ 36,580.0 Sub-Total $2,512,848.65 10% Contingency $251 284.5 C:1Documents and SettingstcroperlLpCal SettlngslTemporary Intem~t0'~l&510LK5E~Ofi 0739CostEst Phasa 1a.xls 11/12/2007 Project Name: Clermont Land Development, LLC Address:Hook Street ~ Grand Highway Phase I "Non-Site" Cost Estiimate Job # :2006.0739 DESCRIPTION QTY. UNIT UNIT COST TOTAL TOTAL fST1MATED VALUE: $2,764,133.52 FDOT contribution to Grand Hwy improvements County Contribution to Grand Hwy improvements estimated $ ~,3oa,aaa.oo X1,464,133.52 Note: This cost estimate is based on RSMeans 2006 Cost data and is subject to change based on final site design and actual contractors bid. Site Cost for Phase I Bob Ziegenfuss, P.E. FI. Reg, #56752 Project Name: Clermont Land Development, LLC Job # :2006.0739 ddress:Hook Street ~ Grand Highway Phase I "Site" Cost Estimate DESCRIPTION QTY. UNIT UNIT COST TOTAL G 4020 Slte Li htin 110-2740 Steel le, 30' hi h, hi h ressure sodium 39 EA $3' 175.00 $123,825.0 02810 Irri ativn s tem 300-0900 Residential Custom 1-112" su l 107400 SF $1.01 $108,474.0 02445 Borln or Jackie Conduits 300-0200 Roadwork, 112" thick wail, 36"diameter 340 LF $300.00 $102 000.00 02510 Water Distribution Fittin snot included 600-9080 Gate valve, 12" diameter 14 EA $1,675.00 $23;450.00 710-72400 16" x 10" Wet Ta w/sleeve 1 EA $4,075.00 $4,075.00 750-4560 12" PVC C900 1685 LF $29.50 $70,210.00 Jum erAssembl -Estimated 2 EA $726.29 $1,452.58 Sin le Services -Estimated 16 EA $772.84 $12,365.4 C:\E)ocuments and Sattings\croperlLacal SettingslTemporary Intertf~tR~ilbs\OLKS~\06 0739Cost~st Phase 1a.xls 11/12/2007 Project Name: Clermont Land Development, LLC Job # : zaas.a739 ddress:Hook Street ~ Grand Highway Phase I "Non-Site" Cost Estimate DESCRIPTION QTY. UNIT UN[T COST TOTAL Valves assembl and f'rttin s -Estimated 1 LS $33,544.54 $33,544.5 it Release Valve -Estimated 1 EA $1,575.00 $1,575.00 02530 Sanity Sewa a 780-2040 6" PVC Pi in SDR 35, BB~S, 10' len the 510 LF $9.15 $4,666.5 780-2080 8" PVC Pi in SDR 35, B&S, 10' len the 2380 LF $12.30 $29,274.0 780-3240 6" W e & Ca for Clean-out 1 EA $151.00 $151.0 Manhole 6' dee 8 EA $1,225.00 $9,800.0 Manhole 8' deep 2 EA $1,675.00 $3,350.0 Total $193,914.0 Others Landsca a for the ond, estimated 107400 SF $1.50 $161,100.0 Turtle removal cost, estimated 1 LS $25,004.00 $25,000.0 Increased pipe size for tying the site drainage root the roadwa storm estimated 3625 LF $6.60 $24,091.01 Driveway construction, es#imated: Staples,Ashley, etc... 7 EA $2,447.55 $17,132.8 Sub-Total ~ $949,450.9 10% Contfngenc $94 945.1 TOTAL ESTIMATED VALUE: $1,044,39fi.08 Note: This cost estimate is based on RSMeans 2006 Cost data and is subject to change based on final site design and actual contractor's bid. Bob Ziiegenfuss, P.E. FI. Reg. #56752 C:1Documents and SetBngslcroperlLocal 5ettingslTemporary Interr~f~il~s10LK5E106 0739CostEst Phase ta.~ds 91/12/2007 Exhibit C-2 ~ a ~ Estimated Cost and Expense Sheet for (see attached) {OI 195465;6} 33 Project Name: Clermont Land Development, LLC Job # : 20U6A739 Address:Hook Street & Grand Highway Phase II DESCRIPTION QTY. UNIT UNIT COST TOTAL Div. 2 SITE CONSTRUCTION 02200 Site Pre oration 02220 Site Demolition 220-1600 Fencin removal barbed wire, 3 strand 667 LF $1.59 $1 060.5 240-2900 Pi a removal, sewer/water 38 LF $7.75 $294.5 240-4100 Sidewalk removal, Concrete, lain, 4" 11.11 SY $8.45 $93.8 250-5050 Pavement removal, bituminous roads, 4"-6" 3244.4 SY $6.75 $21,899.9 250-6000 Curbs, concrete lain 80 LF $3.77 $301.6 360-0015 Saw cuttin as halt, u to 3" doe 40 LF $1.35 $54.0 428-0600 Bollards removal 4 EA $5.65 $22.6 Subbase removal 2-114 C.Y. ca . estima#ed 1081.5 BCY $1.19 $1 286.9 Sina a removal estimated 1 EA $5.65 $5.6 02230 Site Clearing: Right of Way expansion 100-0160 Clear & rub brush includin stum s 6.6 AC $5,125.00 $33,825.0 300-1550 Tree removal u to 12"diameter, hardwood 43 EA $19.30 $829.9 300-1650 12" to 24" diameter, hardwood ~ 50 E.A $24.00 $1,200.0 300-1750 24" to 36" diameter, hardwood 6 EA $39.00 $234.0 Total $61,108.5 02300 Earth Work 02305 Mobilization or Demobilization 250-0100 Dozer, Loader, Backhoe, above 150 H.P. Assume 2 needed 1 LS $20,000.00 $20,000.0 02310 Gradin 100-0011 Finish grading granular subbase for highway avin 24000 SY $0.52 $12,480.0 100-0200 Grade Subgrade for Base Course {Road way) 24000 SY $0.36 $8,640.0 100-1200 Fine rade ranular base for sidewalks 2666.7 SY $1,06 $2 826.6 Gradin o oration for and construction 1 L5 $30,480.00 $30,480.0 02315 Excavation and Fill 424-1350 Front end loader 5 C.Y. ca . ~ 160 C.Y./hr. 40688 BCY $1.43 $58 183. Fill for the roadwa and and estimated 18989 CY $0.36 $6,836.0 490-0030 6 C.Y. dum truck, 112 mile round tri 18600 LCY $4.42 $82,212.0 fi10-0090 Excavation Trench 4'-6' deep w/ 112 cu.yd. Backhoe 1945 CY $5.45 $10,600.2 C:1Documents and 5ettingslcrope~Local SettingslTemporery Intem'~t~i19s10LK5E1D6 0739CostEst Phase 2a.xls 11/i2120p7 Project Name: Clermont Land Development, LLC Job # :2006.0739 ddress:Hook Street ~ Grand Highway Phase II DESCRIPTION QTY. UNIT UNIT COST TOTAL 610-1300 Excavation Trench 14'-20' deep 1 cu.yd. h draulic Backhoe 4055 CY $4.43 $17,963.65 02340 Soil Stablllzation 500-2060 Lime Soil Stabilization 12" Dee 24000 SY $7.75 $186,000.00 02370 Erosion Control 700-1000 Sift Fence, Pol ro lene, 3' hi h 5000 LF $0.80 $4,000.0 700-1250 Hay Bales 1420 LF $2.94 $4,174.8 Total $444,397.2 02fi00 Draina e & Containment 02630 Stonm Drainage Precast Inlet 16' de th -Estimated 4 EA $4,250.00 $17 000.0 Precast Inlet 45' de th -Estimated 8 EA $17,300.00 $138 400.0 530-2040 24" RCP 600 LF $50.50 $30 300.0 530-2060 36" RCP 1080 LF $97.50 $105,300.0 Total $291,000.0 02700 Bases, Ballasts, Pavements & A 02720 Unbound Base Courses & Ballasts 200-1523 1-112" 12"dee com acted crushed stone 7733.3 CY $35.50 $274,533.2 02740 Flexible Pavement 310-0420 As haltic concrete 2-1~2" thickness 16067 SY $6.95 $111,665.6 02760 Pavement Markings 300-0200 6" Wide white or ellow 26320 LF $0.41 $10,791.2 300-0760 Arrows 834 SF $6.30 $5,254.2 300-0750 12" Thermo lastic bar 520 LF $2.81 $1,461.2 02770 Curbs and Gutters 300-0300 Concrete wood forms 6" x 18" strai ht curb 4720 LF $8.25 $38,940.0 30Q-0400 Concrete wood forms 6" x 18" radius curb 8Q LF $16.00 $1,280.00 300-0430 6" hi h curb and 6" thick utter, 24" wide 4800 LF $22.50 $108,000.00 02775 Sidewalks 275-0310 4" thick broom finish 3000 si. na base 24000 SF $3.58 $85,920.00 Handicap ramp w/truncated domes 10 EA $3,622.74 $36,227.40 Total $674,072.8 42800 Site Im rovements and Amenities C:1Documents and Settingslcn~peiiLocal Set#ingslTemporary Intem~t~l®slOLK5E106 0739CostEst Phasa 2a.xls 11N2/2007 Project Name: Clermont Land Development, LLC Job # : 2aos.o73s Address:Hook Stree# & Grand Highway Phase 1! DESCRIPTION QTY. UNIT UNIT COST TOTAL 02830 Retaining Walls 200-7160 Ke stone Walls Base Not Included 18200 SF $25.00 $455,000.0 02890 Traffic Signs ~ Signals 100-0900 18" x 24" stock si ns reflectotized 14 EA $73.50 $1,029.0 100-1500 Steel posts (10') 14 EA $30.00 $420.0 Total $456,449.0 02900 Plantin 02920 Lawns ~ Grassess 400-0500 Sodding, 1"deep sloped ground over 8000 SF 50000 SF $0.57 $28,500.0 Total $28,500.0 Div. G BUILDING SITEWORK Others Testin estimated 1 LS $25 000.00 $25,000.0 Construction administration, estimated 1 LS $15,000.00 $15,000.0 Total $40,000.0 Sub-Total $1,995,527.71 5% Contingency 99 776.3 TOTAL ESTIMATED VALUE: $2,095,304.09 Note: This cost estimate is based on RSMeans 2006 Cost data and is subject to change based on final site design and actual contractor's bid. Bob Ziegenfuss, P.E. FI. Reg. #56752 Site Cost for Phase II -- Project Name: Clermont Land Development, LLC .lob ~ : zoos.073s Address:Hook Sfreet & Grand Highway C:1Documents and Settingslcrop~ocal SattlngslTemporary [nten~tO~I~s10LK5E\6fi 0739CostEst Phase 2a.~ds 11J12/2Q07 Project Name: Clermont Land Development, LLC yob ~ : zaos.o~ s ddress:Hook Street 8~ Grand Highway Phase II DESCRIPTION QTY. UNIT UNIT COST TOTAL Phase II DESCRIPTION QTY. UNIT UNIT COST TOTAL G 4020 Site Lighting 110-2740 Steel ole, 30' hi h, hi h ressure sodium 10 EA $3,175.00 $31 750.00 02810 Irri ation s stem 300-0900 Residential Custom 1-112" su I 168000 SF $0.00 $0.00 Others Landsca a for the and, estimated 168000 SF $0.00 $0.00 Turtle remo~ai cost, estimated 1 LS $28,000.00 $28 000.0 Drivewa construction, estimated 5 EA $2,447.55 $12 237.7 Sub-Total $71,987.7 5% Contingency $3,599.3 TOTAL ESTIMATED VALUE: $75,587.14 Note: This cost estimate is based on RSMeans 2006 Cost data and is subject to change based on final site design and actual contracta~'s bid. Bob Ziegenfuss, P.E. FI. Reg. #56752 C:1Doeum~ts and SettingslcroperlLocal Settings\Temporary InterrFbt~ll@s10LK5E106 0739CostEst Phase 2a.xls 11/12/2007 N O a "C -.S ~ ~ m ~ ~ c ~ ¢¢ tS ~ a ~ a . ~ ~ ~ ~ ~ ~ ~ ~ a ~ a ~ v~ v+ o v~ ~ ~ v'~i o a g g ~ c~ S g °o ~ g g °o °o o° OO a ~ g g v v ~ ~ v c~ v r~ v 3 ~ ~ ~ ~ p p?~ $ c ~ a ~ , ~ ~ c- OC9 ~ 3 LD ~ ~ Q ~ 7 ~ 0 41 ~ ` 0. m~ 3l _ m ~ 8 y N ~ ~ 3 ~ tl ~ ~ W' s S C af- o ~ ~ a ~ ~ $ ~ H ~ra. o° ~ ~ ro ~ ~ ~ ~ ~ ~ ~ a ~ ~' 0~ ~ ~ a ~ ~ ~ c c ~ ~ - ~ ~ ~ ~ ~ Lo ` ~" 3 ~~ N ~; m z~~~ ~w~ N m p O ~~ m Exhibit D-1 Typical Cross Section for Grand Highway (see attached) (01195465;6} 35 W' l1~ Q 0. U ~-- ,"'~ a v W ~~ °~ ~ J ~ya~pG O o ~~ y~ P~ ,' O ._.w 8 ~~ Y fro r ~ W 6 0 t`}t QQT~Y y~ ~u~ y~ ~~~ Y ~= ~ Y ~~ u ?L w ~' r ~z U -}' d Qc V -4' r Q L~17 d 2 d 0 sb~ " ~, ~ 1 " ~t ~~ Z~ ~~ a ~ N ~ ~~ 0 ~~ ~ ~ ~ ~ ~~ ~~~ ~ ~~~ ~~ ~ ~ Wad ~~ ~ ~~ ~~ ~ ~ V ~~ ~ ~ ~ ~ ~ Q N~ ~ ~ ~ ~ ~ `~` m ~ `~ Q ",~, ~ ~, ~ ~ -~~~ ~ ~ -----~ ~~ ~~ tV Q iv O N 1~~1 'i ro "' r ~. rl~ ~ ,,, N N! ~ Z ~ y Qj s`~ p m t N }~ ~ °° ~y ` ~ t~W!} ....- $ ;,;$L ~~ r t2 Q~ 2~ Rf ~~ ~-1 f Exhibit D-2 Typical Cross Section for Hooks Street (see attached) {Ol 295455;6) 36 ,Z. {jp~z~ ~~¢ D W i Y 3 ,t ~ w ~~~ ~~~ °~ o~ °~ Q 'bi ~ v w ~" ~ ~[ Q' tJ ~.~ ~ /_I f~ Y Q Q +~ ~ ~ G i 8 -~' M -4' r N c[ N W 7. Vs ~_ ~~~ ~~F `~ ~ i p r • .r ~~~~ ~ ~Z o~ 2~ ~~~ ~ ~~~~+ ~~~ ~~~ ~ ~, ~~R ~ w ~ ~ ~ ~ o ~~~~ ~~~~ O N~ ~ ~ ~+ ~ ~ ~ FFY/f" Q x a 0 cr Q. w ~o Q z ~_ ~ ~ ' ;~~~~ ~ a~ ~' ~ y ~~~o~~,M.~{KNIi I,M~~. ~ ~~~p/Ipi~' r sr~~l:t ~ of z - sEe siiE~T 2 OF z ~oR LECAL n~scRIPT}oN aria i" ;! i. i ~. ~ •.. ', ~, ti t' I", r~ k~ ., ,. I u• w t. f ..1 k'. J ~: .., ~^ ~', ~,: L ~. . ~~ S 81'02'09" E I I f 10.11' + i ! f ~~ LEGEND +l O.R. - OFFlCIAL f2fCOROS PG. -- PAG£ Ft/1Y - RICHT-Oi"-WAY r (:£NTERLINE I r tv I O ~ ~ d s J I a'~~ UNE LYFNG }0.00' WEST OF AND c YARAL,LEL i0 TFiE WEST ft/W ' LINE QF CRAND HIGHWAY ~ WEST R/W LlNE Ot' ~, {~2ANq HIGHWAY ~ PUIi~1T rJf -~ ~ ~I"GINNIING lJOf2THfF2LY ~21W i.iNE Of HLM%CS STRCCT~ HOOK SIREEf K/W CORNER CUP i;ER O.R. fa004c 02232, pAGL5 1203-7208 ~ HOOKS STREET(TOO~iz/w}` POfNT~UF CUMMENCENtI~NT RE; C. UiA, pISK STAMPED `T22$, R?6E~}DfZy, q.G_1„ 10~8•~ 7S" I ~ S UI7~EAST CORNS Of THE NORTHEAST 1/4 Of ~ S~CT~(}N 3U-22-lfi ! E ~, `` !~) ``E -EASE LINk QF' 11lC ~NORTFIf.AST iJ4 OF SE:,T10N 3O- 32.7.6 (CEN'1_RLlNE LINE O>~ GRANt~ RVkNUF.} N f3S'29'4~" w 36.00' N OC'3D't t ` E _ 4 ` ,~124.6l3' .1... S 45'i 1 ' 19" W 14.?. '?' C2 t? N ~ - TH1S SKETCH IS NO7 VAL.Iq UNLESS ORlGIN.4L. SEAL IS AFFIXEL). E Tt.DG of II'lo~'sda, L.I..C. SKLTCkI OF DESCRIPTI~}N D ~-av~......~crr~.txs..i+eala~s Rigfft of Way dedfratfon, GI'Aaid Hip,~ivvAy, ~x~ARannmo Cit} od'G3cruitucs, I..af[cCt-unty,Tligriclz Gregory R. Crow}ortl ~~~a".~u~`.`'°'"a.",:,w:.~.a, r1 Parton o£thcM? f/~ o!'9actfan 29, Protessionol Surveyor & Mapper i•i-~ TAwnahip 7.2 South, Rangc 2b East ("I_ Rag, /~ 519? ~~ .7 SkEEE? 2 DF 7 -SEE SHEET 1 OF 2 9'OR SKETCH IEGAt. DESCKIi'AON A PORTION OF NOR'IFiEAST 1/A OF SECT101V 30, TOWN5J4lP 2i 5QU?]-!, RANCt 26 EA5T, LAKE COUNTY, FLORIDA, BEING h10?~E PAltEICJI.ARi,Y UESCRIBtD AS FOLL{)WS. u , ~ ~' ~~ i. ;i -. , ~•` 's ''T. c I "- ~: I -•~ ~-; r. t; ;, ,~ ~:~ Cf?fdktENCC AT tfiC SOt1THEASt CORNER OF SAiD NORTEI£A5T ./4 OF SCC110N 30, SKID PGWI ALSO t3EINC Ohl THE C£NTERLtNE OF GRA3JD HIGHWAI'; TNF:NCE RUN NORTH QO'30'tl" CAST, ALflt~iG TFIi FAS1 tJNF Of SAID NORTHEAST i /a p4' SF~C?lON :Srl AND ALONG SAID CENTERLINE OF GRAND HIGHWAY, A DISIANCE 01' 13w.6t3 FEET; T1IENCE DEPARTING SAID EAST' UNE AND SA+U CENTERLkJE RUN NORTH 89'29'x9' WEST, A tbSTANGC OF 30.QU F'tF_T TO A POINT OF Bf:GiNNiNC, SAID POINT t3£iNG ON IWE WE57 RIGHT-OF-WAY UNE OF' SAID CRANA HI>yIiWAY AND ALSO B£1NG ON 1}fE NOR111E:RLY RIGFIT-OF-WAY LINE OF fiOUKS SERE::T PER OFFiCtAL RECORDS $0090 02732. PAGES 12D3 THOUGfi 1248, PUBLIC REGARDS OF LAKE COUNTY, FLORIDA; PWFNCF DEPARTING SAiD WEST RtGkiT-OF-WAY LINE RUN SOUTH 45'ir'19" WEST, ALONG SAID NORTHERLY RIGHT-OF-,WAY UNE, A DISTANCE OF 1+4.22 FEET, T1iENC1: DEPARTING SAID NORTHERLY £2ECH#-OF-WAY LINE EZUN NUi21H 00':5011" £AST, ALONG A UNE LYING 10.tD0 FEET WEST OE Ak1D PARALLEL TO TTiE AEORCSAlD WESt ftlGliT OF WAY UNE OF GRAND HIGHWAY, A DISTANCE OF 10tl2-77 FEET; THENCE' RUN SOUTH $1'07'09" EAST, A DISTANCE OF 10-11 FEF1 f0 A t~01NT ON THE AFORESAID Ys'EST RIGHT -OF-WAT IaPTE OF GRAND HIGHWAY; TkiENCE RUN SOUTH 40'30'11" WEST, ALONG SAID WEST RIGHT--OF-WAY UNc, A DISIANCE OF 991.77 FEE1' 70 THE F'OtNt Ct Bl::.'1NNING. C4N~TAt611NG n.229 At~RES, ~sORE OR LESS (9.97G S4UllRE FEC T} GENERAL NOTE5: 1. THIS 5KE1'CH OF DCS~iPlldk! IS NC)1 A '30tJ\DARY SURVEY. 2. BEARINGS SkIOW:J Hl RI UN A12f: I;A5f D 0.'~I I'Hl Wk.S1 I,INt Ok 1H£ NOKTHrAS'T 1 /a 01' SECTION 30, 10WNSHIi~ ?'; SOU 111, FiANC[ 26 f..AST, ? .Vt3: CDUN I Y, F I.UK;DA, ~A1ttN(; 1vUK fi i 00':SU'1 l" I.AS 1. 5 NO INSTRUt~l~.ry1~~ Of ftfCt)I2t) KI'111:CT1NC I'ASFMENTS. t~1CH1'S• L)f'•~WA'ti', AND/OR OWt•}ERSHIP W£RF. FURMSkEf? ft7 TWtS 5U4tv£YOR, tXCEPT aS SktUWN HEREON, AND MAY BE SUgdEGi' TO £.ASC6iE:NTS OF RECORDS, if ANY. 4. THIS DOCUMCt`iT IS NOr VALID UR COMPLETE 1A7THOUT THE SKE1G-i Uk DtS(:RIPIIUN CON1AINr:O UN y-tLE:I t Of 7. 1'1115 SKETCH iS NO'[ VAU4 UNLESS ORIpNAL SLAL I5 AfFIXI:D, E EDG of ~iorida, i~L.~. SKETCH 0~ DESCRIPT70I~' ----- ....._ Rigor of Way dadirttion, Gsaxld Elighwop, ~sxz,r...µr,~a.i..wa,M.wsnr-' Gre Or R_ CraWFord n•.o yam ~h of QCrmonr, Lake County, Florida 9 Y ~~.,~..a,,.,.b~.,m..~.,~~.z~.~,~,,,K Ak'ortionoftheNE[/4afSoctionZ9, Professional Surveyor & Mapper i.LC Tawnalhip 22'3aatL, Range 26 Faat ~I, F2eg. ~( 53 92 ~~h~bt~ ~-! 4 ~3 ~~ ~J _~ 5HlrE'7 1 OF 'L - SCE SliE:Ei i O(' ? f OR LEGA! UESCRINTIOt~ ANE) NU r ~~ ~': r I~ E i I •i ~~ ~J a: , ~; „ ~u ~,. ry I r fI i ' I+ i `~., r' . .f: ~ ~- r I . ,. i___ _ _.___ _.._._ -S ~i3'22'03° C 7 0.06' '~ ' ia.aa' TRACT ~ 2~ _..__~ I ~ --FPC EAS.ElAENT Pf.R Oti BOUK 4!'/, PAGI 501 I Wf.ST f INF. OF TRACT ^4 3~ ~ ~ M ~ `~~y~ ~ ~ z = ~ ~ 4' ~ o c ai ep~~-9 ~ N~ ~ >. ~'~ ° 1 °~-~os ~ ~ N ~ ra y ~ 4., ~~/ ~ TRACT ~ ~a` ~C ~ - ~C ti F Q w ~' Z in ~' _ © ~ o I ~~. /- h ~ ~, ~ ~ o o Q ~ ~ ~ f~ r• a Q' •/ ~ I ~ • LItdE LYING lA. EAS,'+ GI' ANU EL Tb Tl~ EA~I' LINE OF / PAPAl i ~ 'vi -~ . . E ~ ~ NE WEST ~ CRAN!? HIGHWAY ~ .. ~., LIEVES OF tRACTS 24 D 25 j ~ ! MAST LINE Of TRACF 3 r / I100K5 STREET RtGNT•-~OF YVAY CORNER CLIP f PFR O.R. BOOK 42232 P GES 1203--T20B 5x9'29'49" E • 50' TE1dPfilRARY NON X l3SI~lE COMSTRUCTION ~ 34.Q0' L GRADING EASEMENT EASEMENT do PE:RPETU _ _ j PLR O.R. 800K 2232, bE j1E32 l F ~~ NOR17iERLY R/LY !_INF F 1i00K5 STREET ` ` ~- ~ ~~ --~- -_... _ 7.4...2:1_ ._ _ _ nr~ J PUIN F GF 6EGINNIf+EG POINT Oi` COA~I~L.NGEMEEVT ~ R£C. ALUM. DISK STAMP1ri1 1 "T22S, R76E, .ic)/29, U.O. T_, 10-28-T3" _LEGFN6 ~ I SOUT}iWEST CORNER OF' T1iE NORYHWF5T 1/4 OF d.R. -OFFICIAL RECQRDS + SECTION 29.22--26 PG. -PAGE Il fV! - ftlGtil--OF -WAY F'T'C - 11ORtDA PpWEP. Cdt2f'dRA TICtTJ , { ! (~ CCN iEftufvE THr5 St'c!; fCH IS NOT vAt=D UNLESS OFT!GNAI. SFAL r5 aFFExED. ~ LI3+C; of I~2aricl~e, L.I.,.C:. SKE'i'CII OI' DE.SCRIPTI4~t _-- - - -__.__ _ - Righi of Way doctk:edon, ('nand liigl~way, b"` ~:~s"r."¢`,"' ~' °r,~'~" L'ity of C9ernuual, F.akr Co~n1y, Fiosids Gregory 1Z. Cr Jwfvrd c.~s,.~,a~.u'"`,. iusv r,...... A Pordoa o#'ihe 1'~'E il4 of Scctioi;t ~, ProFessiont7l Surveyor &. ~loppcr f.rr TowsEship 22 South, Rangy ab }'iaet ~E, Rsg. ~ 57 9? E ,. r ~x~~~~~ "~-~ « (~ DF Y~ SHEET ? OF q Sf.E SHEET I G~f Z rCHi Sh;EtCy I 9 - It, ~': ,~ ~~ ,: , •~ ~. E .. ,: ~~• .; ~.' I r. +~~ ~.. er '. K ,. ~. v r~, cr. ,I i I~ i~ I~ 1 ;~• ~: LEGAI. aFSCUIPTION A PORTION OF NQRTHWES'F T/h OF SECTION 29, TOWNSHIP ~2 SOUTri, RANG£ 26 EAST, LAKE CpU1VT1P, FLORIDA, BEING MORE F'ARTICULARL.Y DESCRIBED AS FOLLOWS: COMMENCE AT THi= SOUTHWE5T CORNER 0! 5AID NORTHWES( 1/4 OF St.C110N 19, SAID POINT ALSO BEING ON THE CENTERLINE OF GRAND HIGHWAY; THENCE RUN NORTH 0030'11" rAST, ALONG THE WE5T LINE OF SAID NORTHWEST 1/4 Of" SECTION 28 AND ALONG SAID '~LNTERLINE 01` GRAND HIGHWAY, A DISTANCE OF 124.46 f E(~T; Tht'Nil~. p>"PARTING SAID Va'k~S1 LIN(. AN!) SAiD Cl_Nitl2(,INE RUN SC1UT~la 89'23'x•9" E•AS1, A 015'ANCE Of 30.OU LCCT FOR A F'Oi(~T OF QECINNING, SAID ?DINT BEING ON TI IL CASE RlGFiT-Oi"-WAY LINC OF SAID GRAND I•llGFIWAY AND ALSO [3EING P. POINT ON TI~iC NfES LINE OF TRACT 25, LAKE HIGHLANDS COlAPANY, ACCORDING T(3 TIIE PLAT TFIEREOi- AS Rl=CORDED tN PI_Ai ©QOK 2, PAGE 25, I~UE3LIC RECORDS OF LAt(E COUNTY, FLORIDA; THENCE RUN NORTH 00':50'11" EAST, ALONG SAID EAST RIGHT'-Otr-WAY LINE AND ALONG THE WEST L.1NC$ OF TRACT 25 AND TRACT 24 OF SAtp PLAT OF t AKF FiIGHI.ANDS G,OMi'ANY, A DISTANCE OF 76x,28 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE AND SAID WEST LINE OF TRACT 2q RUN SOUTH $3'2203" EAST, A DISTANCE OF 10.06 FEET; THENCE RUN SOUTH 00'30'13" WEST, ALONG A LINE LYING 10.00 FEET FAST OF AtJD E'ARALLEI" TO THE AFORESAIa EAST RIGHT-OF~-•WAY LENT OF GRAND HIGHWAY AND 10.00 FEET E.AS1 OF AND NARALL.lL TO TH£ AFORESAID WEST LINES t~F ff•?ACT 24 AND TRACF 7.5, /1 I)ISTANCF' U! 769.33 FEET TrJ '(ti>r NORHTERLY RIGHT--OF-WAY LINC Of HOOKS 5ff?ELi fa(.R 4.R. F3OOK 02232, RAGE 1203 THRC?UCH 1?O8, PUBLIC RECORDS 0(" LAKE COON fY, f L.URIDA; THE'NC;E RLiN N012TFI 4~S';it3'30" Wf~:S (, A 1315!'ANCE C}F f x.27 F"CET TO Tilt PAINT C1f DCGlNNINC. CONTAINING 0.1 Ifi AClZE.S, MORE OR LI:.SS (7,548 SQUAt7E f EE"T}. GENERAL NOTFS_ 1. TFGS SKETCH OF DESGRIPTIOFt IS NOT A 80U1VDARY SURVEY. 2. BEARINGS SHOWN yEIiEUN ARE BASfD ON THE WEST LONE OF" THE NURTHV~ST i/4 OF SlrCTTON 29, TOWNSHIP 22 SOVTH, RANGE 2b BAST, l.A1CE COUNTY, FLOFIIDA, BEARING PIURTht OD'3D'11" LAST. 3. NO [N5TRVMENTS 4F' RLCbTTi7 RErLl:CTING EASEMENTS, RIGlirS -UF••WAY, AND/OR C)WNERSTiiP WERE FURNISHED TO THIS SURVEYOR, cXCEPT AS SHOWN tIf:RCUN. ANT) MAY BE SUB,E£1 TO EASEMENTS OF RECORDS, tf ANY. 4. tHIS DOCUTdE.Nf 15 NUI VACIU OK COMI~LL.T>: VRIHJtJI TyE 5KtfCH Ol• UESi:RINIIJN ~:CNfAINEI) C)N 5HE'.E:1 1 OF Z. Ti iIS $KT. "Cli IS NOT VAl.1T7 UNLT:SS ORiGiNAi SEAL lr,, AT-FIXED. ~ II~1~(: oaf .E•"~urada, .t_.I..L:. SIiE'I'CI-I flF DESCRIPTIOAT -- - ----- .1;ii~Lt of V9sy dediratian, Grsad Hlg~swap, _ _ awMrn'ww~.wu rl.~+lY1.. AYiW 3t7i+ ... ------ ~ ,a„~,,m~~+.mcn~.~,eo~-,R Ciatp of C`kmwnt, I.a~s Cauntg, Florida Gregory R. Ct'awtord o~,..r.,w.,,an.~ •xu,"e.,~..~ APorCwnofcbeN£sl/4ofSactionZ9, Professional Surv~yr~r 1!c Hopper u.c. TcnvaahtF 22 ;aotrtii, Rangc 2b E»»ei F7. Reg. ~' 519 Z c~:~- ~~_2~ (~~~ L' SHEET 1 OF 2 - S£E SHEE7 2 OF 2 FOR LEGAL DESCRIPTION do NOTES LEGEND .- tt ~ - CQJTERLENE >r -CHANGE EN DIREC710N I EJ1ST-WE5'1' CE?~TER 9EC7ION tJNE SEG110W 28-22-26 ~._ _~, ~3~p~,.. _ __ '.... 'i^~, SOUjI-t£RLY R/1M IWE~ S 88'28'39' E 910.52' S 01 48'27' Yf r ~ -"'~ "" - ~ ____ _._.. ~ so.oa' N 888'38' W 57'3.93' ,~ ~~ J J_ ~~ i!Z 8EAi0 PA1tAliPt rtl~ ~Q~- EABT MEST C.TCKIERY SECTOIE Ut# P NT COMi~lE7~ICE'WIENT l ~cna+ ~zt-ae Ot OF ,o R£C. ALUM. DISK STAMPED 'T22S, R26E, 30/29, D.O.T., 10-28-73' ~~i COMMON 1/4 CORNER -SECTIONS 29 AND 30 l~ SECTION 30, TOWNSHIP 22 SWTH, RANGE 26 EAST ~ CCR X0018407 TRACT 40 A W(E H~CHWOS 004PANY SU8DM4CN PU17 BOOK 2. PACE 2S LIME TABLE L7 t~-RtHC asTA-1c~ 28.92 L8 66.73 ' ~.~ L10 47.48 L11 47' 48.36 U 2 47.39 L13 68.87 L14 14218 L13 131.34 L18 788.47 L17 7 14 41.06 L48 5'1 12.$9 POf~D TRACT f~ s ~~ G~/ J L_____ 1 L1 THIS SKETCH tS NO7 VAUD UNLE55 ORIGINAL SEAL I5 AFFIXED. ----~ I 1 CT 3AB~ I TRACT 38t3 z N ~ ~~ N { ~a 4 `~ ~~ g ~ I ~ ~ _ ~ z ! ~ w E ~ 1 LMIE B~iO PARALLEL ~1M'M THE EA5IERLY WC I OF' TRACT ~ D EDG of Florida, L.L.Q. Sketch of Description Pond Ttart asrreawe, der-A~k~ mss ,r,r~,,,~~e,,,~4„"~ Oak Hq Comrnant Gregory R. Crawfor G ~,,,~„~~,'~;~,.~,,,,,,;,, SecBan~22.28 Professional Surveyor & Mapper uc. ~ of Clermont, lake Catirtty, ~kxida FI. Reg. ~ 5192 SHEET 2 OF 2 - 5EE SHEET 1 OF 2 FOR SKETCH LEGAL DESCRIPTION A PORTION OF TRACTS 388 AND 39, IN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST, OF 7NE MAP OF LAKE HIGHLANDS COMPANY, AS RECORDED IN PLAT BQOK 2, PAGE 25, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: OOMMENCING AT THE 1/4 CORNER COMMON TO SECTIONS 29 AND 30, TOWNSHIP 22 SOUTH, RANGE 26 EAST, MONUMENTED WITH A 4x4 INCH SQUARE CONCRETE POST WITH A 3x3 INCH SQUARE ALUMINUM PLATE MARKED T 22 S R 26 E -30/29 -DOT - 10/29/73; THENCE ALONG THE EAST-WEST CENTER OF SECTION LINE OF SAID SECTION 29, SOUTH 88'26'39" EAST 910.52 FEET; TFIENCE LEAVING SAID CENTER SECTION LINE, SOUTH 01 46'27` WEST 50.00 FEET TO THE POINT OF BEGINNING MONUMENTED PATH A 3/8 x 24 iNCH IRON ROD AND PLASTIC CAP MARKED "FLA GEO LB 7063"; THENCE THROUGH THE FOLLOWING 11 COURSES OF WHICH EACH COURSE 15 MONUMENTEO YNTH A 5/8 x 24 INCH IRON ROD ANO PLASTIC CAP MARKED 'FLA GEO LB 7063": SOUTW 21'13'09' WEST 25.92 FEET; SOUTH 49'07'03" EAST 88.75 FEET; SOUTH 47'59'25' EAST 38.89 FEET; Sp11TH 44'24'03" EA57 47.48 FEET; SOUTH 41'47'05" EAST 49.38 FEET; SOUTH 38'SZ'01" EAST 47.30 FEET; THENCE 50UTH 3fi'37'05' EAST 89.87 FEET; 'THENCE SOUTH 36'28'22' EAST 142.16 FEET; THENGE SOUTH 40'59'47' EAST 131.54 FEET; THENCE SOUTH 45'21'50" EAST 188.47 FEET; THENCE SOUTH 83'17'14" EAST 41.06 FEET; THENCE SOUTH 75'18'37" EAST 12.89 FEET TO A POINT MONUMENTED WITH A 5/8 INCH IRON ROD AND CAP MARKED L.B 695, SAiD POINT BEING 170.51 FEET WESTERLY OF THE EASTERLY LINE OF SAID TRACT 388; THENCE PARALLEL WITH SAID EASTERLY UNE OF SAID TRACT 388 NORTH 00'11'19' EAST 625.27 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE OF HOOKS STREET, MONUMENTED WITH A 5/8 x 24 INCH IRON ROD AND PLASTIC GAP MARKED 'FLA GEO LB 7063', SAID POINT BEING 170.51 FEET WESTERLY QF SAID EASTERLY LINE AND 50,00 FEET SOUTHERLY OF SAID EAST-WEST CENTER OF SECTION UNE; THENCE ALONG SAID RIGHT-OF--WAY UNE PARALLEL WITH AND 50 FEET SOUTHERLY OF SAID EAST-WEST CENTER SECTION UNE NORTH 88'26'39" WEST 573.93 FEET TO THE POINT OF BEgNNING. SUBJECT TO ANY EASEMENTS OF RECORD, OR UNRECORDED. ALL THE ABOVE CONTAINING THEREIN 4.544 ACRES, MORE OR LESS (197,952 SQUARE FEET). GENERAL NOTES: 1. THIS SKETCH OF DESCRIPTION 15 NOT A BOUNDARY SURVEY, 2. 8EARINGS SHOWN HEREON ARE BASED ON THE EAST-WEST CENTER SECTION LINE OF SECTION 29-22--26 HAVING A BEARING OF 58828'39'E. 3. NO INSTRUA~ENTS OF RECORD REFLECTING EASEMENTS, RIGHT'S-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR, EXCEPT AS SHOWN HEREON, AND MAY et; SUBJECT TO EAS@MENTS OF RECORDS. IF ANY. 4. THIS DOCUMENT IS NOT VALID OR COMPLETE WITHOUT THE SKETCH OF DESCRIPTION CONTAINED ON SHEET 1 OF 2. THIS SKETCH IS NOT VALID UNLESS ORIGINAL SEAL. IS AFFIXED. E Sketch of Description D EDG of Florida, L.L.C. poi Trr~ """'n""~°°'"A°'"'A'"'°'~ OakHilCamelon~ Gregory R. Crawford G ~~~~~~ ~,,,,,,~,, _~ Sac9oa,2~Z6 ProfessEonal Surveyor & Mapper rte, CIty dClermonl, Lilro Colal~r, Florida 1=1. Reg. ~ 5192 STATE RpAp 50 r # MNNR4„r r. I r s RACETRAC ~ d ! ~ 0 U 70TAL RK~IT OF WAY ~j TO BE DEDICATED = 10,039 SF 0 1~ sR C7 o w x 4~ V I ~ Raw o~ wAY REQURED t Rou ~- SITE RELATED II~ROVI:METiTS =2,690 5F LEGEND I NONE 91E RELATED RIGHT of wAY rD BE DEDICATED SITE RELATED R1G#IT OF WAY TD BE DEDICATEI} AREA OF RIGHT ~ WAY TQ BE DEDICATED 8Y GOLDEN CORRAL THAT IS NOT SfTE REI,ATEb = 10,039 SF - 2,890 SF' _ x,365 SF r ~ ~' CITY/FDO~' R.O.W AREAS GOLDEN CORRAL A+aN'P~ROE ENpNERNJa INC. SCALE: DATE: GRAND HIGHWAY P•°• Boot s6011s CLERMON7, FL ~ y ~y~8 ~~~=~0~ 5--21-07 ENGR~FEI~RINO EtUSIt+~SS NUMBER: 5543 FlLF: FlGURE: 6024-25 EXHIBIT 1