GARY M. KALEITA

gary.kaleita@lowndes-law.com

215 North Eola Drive, Orlando, Florida 32801-2028 T: 407-418-6334 | F: 407-843-4444

MAIN NUMBER: 407-843-4600

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May 7, 2020 VIA U.S. MAIL AND E-MAIL City of Orlando City Attorney’s Office City Hall 400 South Orlando Avenue Orlando, Florida 32802 Attention: Melissa C. Clarke, Esq. Assistant City Attorney E-mail: melissa.clarke@cityoforlando.net

Re: Lake Orlando Land Owner, LLC, a Florida limited liability company

Dear Melissa:

This law firm represents Lake Orlando Land Owner, LLC, a Florida limited liability company (the “Owner”), which appears as the record owner of fee simple title to the real property located in the City of Orlando, being more particularly described on Exhibit “A” attached hereto (the “Subject Property”), according to First American Title Insurance Company Owner’s Policy of Title Insurance No. 5011412-0673654e, as endorsed, insuring the Owner and effectively dated January 3, 2020 at 8:00 a.m. (the “Owner’s Policy”), a copy of which is enclosed. In that capacity, we have reviewed the Owner’s Policy, including (without limitation), those documents itemized on Exhibit “B” attached hereto (collectively, the “Declaration Documents”). We are advised by the Owner that a representative of the City’s Planning Department requested the Owner to provide evidence to the City whether there are any covenants or agreements affecting the title to the Subject Property that require it to be operated as a golf course.

The Subject Property was operated as a golf course following its initial development, at which time the developer, MGIC-Janis Properties, Inc. (the “Developer”), recorded the Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions for Rosemont which is listed in Paragraph 1 of Exhibit “B” (the “Initial Declaration”) The Initial Declaration contained an affirmative obligation on the part of the Developer to construct and maintain a

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“Clubhouse” and “Golf Course” on the Subject Property for a period of twenty (20) years from the date that document was recorded (such date being May 24, 1973).

The Developer subsequently executed and recorded the Amendment to Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions which is listed in Paragraph 4 of Exhibit “B” (the “1974 Amendment”). This 1974 Amendment stated that Tract 31 of the Subject Property (i.e., Tract 31 of Rosemont Section Seven, as recorded in Plat Book 5, Page 107 of the Public Records of Orange County, Florida) would be used for a “Golf Course,” and that Tract 30 of the Subject Property (i.e., Tract 30 of Rosemont Section Seven, as recorded in Plat Book 5, Page 107 of the Public Records of Orange County, Florida) would be used for the operation of a “Country Club and recreational facility,” both such uses being required for a period of ninety-nine (99) years from the date the 1974 Amendment was recorded (such date being March 13, 1974).

However, the Developer subsequently executed and recorded the Amendments to Declaration for Rosemont which are listed in Paragraphs 5 and 6 of Exhibit “B” (the “1977 and 1978 Amendments”). The 1977 and 1978 Amendments expressly stated that the Initial Declaration and the 1974 Amendment were revoked. Additionally, the 1978 Amendment expressly stated that all previous restrictions imposed on the Subject Property were revoked, including the Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions which is listed in Paragraph 2 of Exhibit “B”, and the Amendment to Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions which is listed in Paragraph 3 of Exhibit “B”. In other words, the 1977 and 1978 Amendments revoked all prior Declaration Documents affecting the Subject Property. The 1977 Amendment imposed various other covenants and restrictions on the Subject Property of the type customarily found in residential communities, but neither the 1977 Amendment nor any Declaration Documents recorded thereafter contained any requirement for the continued operation of the Subject Property as a Golf Course, Clubhouse or Country Club and recreational facility, nor to our knowledge does any such requirement currently exist.

This conclusion is supported by the following additional facts:

1. In 2001, the Rosemont Homeowner’s Association executed and recorded the Notice of Preservation of Covenants and Restrictions listed in Paragraph 14 of Exhibit “B” for the purpose of preserving the covenants and restriction then applicable to the Rosemont community. This document specifically referenced the 1977 Amendment, not the earlier Declaration Documents, indicating that the Rosemont Homeowners’ Association recognized that the earlier Declaration Documents were revoked; and

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2. In issuing the Owner’s Policy, First American Title Insurance Company omitted any reference to the first four (4) Declaration Documents listed on Exhibit “B,” thereby insuring in its policy that they did not constitute encumbrances on the Subject Property.

In issuing this letter, we have relied upon the Owner’s Policy and Declaration Documents, and assumed that that the same are accurate and that there have been no undisclosed modifications of same, or agreements or understandings (written or oral) that would supplement, modify or qualify the terms of the Declaration Documents. We have also assumed the validity, binding effect and enforceability of the Declaration Documents and the conformity to the originals of the copies of the Declaration Document reviewed by us.

If you have any questions concerning the foregoing, please do not hesitate to contact the undersigned.

Very truly yours, LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A.

By: _________________________________ Gary M. Kaleita For the Firm

GMK/mlb

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Exhibit “A”

Subject Property

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Exhibit “B”

Declaration Documents

1. Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions for Rosemont, executed by MGIC-Janis Properties, Inc. on May 23, 1973, recorded May 24, 1973 in Official Records Book 2413, Page 1776 of the Public Records of Orange County, Florida;

2. Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions, executed by MGIC-Janis Properties, Inc. on September 28, 1973, recorded October 8, 1973 in Official Records Book 2457, Page 1479 of the Public Records of Orange County, Florida;

3. Amendment to Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions, executed by MGIC-Janis Properties, Inc. on October 30, 1973, recorded November 1, 1974 in Official Records Book 2467, Page 533 of the Public Records of Orange County, Florida;

4. Amendment to Declaration of Covenants for Club Membership and Maintenance Agreement and Land and Building Restrictions for Rosemont, executed by MGIC-Janis Properties, Inc. on November 20, 1973, recorded March 13, 1974 in Official Records Book 2508, Page 1871 of the Public Records of Orange County, Florida; and

5. Amendment to Declaration for Rosemont executed by MGIC-Janis Properties, Inc. on July 13, 1977, recorded July 19, 1977 in Official Records Book 2800, Page 1388 of the Public Records of Orange County, Florida.

6. Amendment to Declaration for Rosemont executed by MGIC-Janis Properties, Inc. on March 27, 1978, recorded March 29, 1978 in Official Records Book 2874, Page 504 of the Public Records of Orange County, Florida.

7. Amendment to Declaration for Rosemont executed by MGIC-Janis Properties, Inc. on February 25, 1980, recorded March 5, 1980 in Official Records Book 3099, Page 1790 of the Public Records of Orange County, Florida.

8. Amendment to Declaration for Rosemont executed by MGIC-Janis Properties, Inc. on December 18, 1980, recorded December 18, 1980 in Official Records Book 3160, Page 1599 of the Public Records of Orange County, Florida.

9. Amendment to Declaration for Rosemont executed by MGIC-Janis Properties, Inc. on February 9, 1981, recorded February 10, 1981 in Official Records Book 3171, Page 1161 of the Public Records of Orange County, Florida.

10. Amendment to Declaration for Rosemont executed by MGIC-Janis Properties, Inc. on February 9, 1982, recorded February 10, 1982 in Official Records Book 3258, Page 2370 of the Public Records of Orange County, Florida.

11. Amendment to Declaration for Rosemont executed by National Investors Pension Insurance Company and MGIC-Janis Properties, Inc. on September 13, 1983, recorded September 16, 1983 in Official Records Book 3419, Page 2204 of the Public Records of Orange County, Florida.

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12. Amendment to Declaration for Rosemont executed by National Investors Pension Insurance Company on July 17, 1984, recorded September 4, 1984 in Official Records Book 3550, Page 689 of the Public Records of Orange County, Florida.

13. Assignment of Enforcement Rights executed by LT Properties, Inc. and Rosemont Homeowners Association, Inc. on February 25, 2001, recorded March 21, 2001 in Official Records Book 6218, Page 5072 of the Public Records of Orange County, Florida.

14. Notice of Preservation of Covenants and Restrictions executed by Rosemont Homeowner’s Association on May 25, 2001, recorded August 31, 2001 in Official Records Book 6336, Page 443 of the Public Records of Orange County, Florida.

15. Assignment of Enforcement Rights executed by Rosemont Homeowners Association, Inc. and Lake Orlando Homeowners Association, Inc. on March 5, 2007, recorded March 30, 2007 in Official Records Book 9187, Page 3816 of the Public Records of Orange County, Florida.

16. Quit-Claim Assignment of Developer Rights executed by Metropolitan Life Insurance Company on April 22, 2020, recorded May 4, 2020 in Instrument No. 20200263937 of the Public Records of Orange County, Florida.

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GENERAL ENDORSEMENT NO. 1

Attached to Policy No. 5011412-0673654e, as heretofore endorsed

ISSUED TO

Lake Orlando Land Owner, LLC, a Florida limited liability company

ISSUED BY

First American Title Insurance Company

File No.: 0215194/186096

The purpose of this Endorsement is to amend First American Title Insurance Company Owner’s Policy of Title Insurance #5011412-0673654, as issued to Lake Orlando Land Owner, LLC, a Florida limited liability company (the “Owner’s Policy”) as follows:

SCHEDULE B

1. THE EXCEPTION IN ITEM 10 OF SCHEDULE B IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY TO READ AS FOLLOWS:

“10. Amendment to Declaration for Rosemont recorded July 19, 1977 in Book 2800, Page 1388, as amended by Amendment to Declaration for Rosemont recorded March 29, 1978 in Book 2874, Page 504, Amendment to Declaration for Rosemont recorded March 5, 1980 in Book 3099, Page 1790, Amendment to Declaration for Rosemont recorded February 10, 1981 in Book 3171, Page 1161, Amendment to Declaration for Rosemont recorded September 16, 1983 in Book 3419, Page 2204, Amendment to Declaration for Rosemont recorded September 4, 1984 in Book 3550, Page 689, Assignment of Enforcement Rights recorded March 21, 2001 in Book 6218, Page 5072, Notice of Preservation of Covenants and Restrictions recorded August 31, 2001 in Book 6336, Page 443, Assignment of Enforcement Rights recorded March 30, 2007 in Book 9187, Page 3816, as supplemented by Quit-Claim Assignment of Developer Rights recorded May 4, 2020 in Instrument No. 20200263937 (As to all parcels).”

This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.

This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company.

Date: May 6, 2020

LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A.

By: __________________________________________ Authorized Countersignature