2009-16AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT
RELATING TO THE CLERMONT SPRAYFIELD PROPERTY
This is an Agreement between Lake County, a political subdivision of the State of
Florida, hereinafter referred to as "County" and the City of Clermont, a municipal corporation
pursuant to the Laws of the State of Florida, hereinafter referred to as "City."
WHEREAS, City owns property located in south Lake County which has been used in
conjunction with the City wastewater facility, and
WHEREAS, City will no longer need such property for such use after August 1, 2009,
and
WHEREAS, County is desirous of providing recreational facilities in the South Lake
area, and has determined that the property owned by City would be suitable for use as a
recreation facility, and
WHEREAS, City recognizes the need for additional recreational facilities in the South
Lake area, and is interested in aiding County in its efforts to provide such facilities, and
WHEREAS, City has agreed to sell such property to County, on favorable terms, so long
as County agrees to develop such property into recreational facilities within a reasonable time,
and
WHEREAS, City is authorized by its charter and applicable law to sell such property to
County, and County is authorized by applicable law to purchase such property.
NOW THEREFORE it is agreed between City and County as follows:
1. GRANT OF OPTION. City hereby grants to County the exclusive option
(hereafter, the "Option") to purchase the real property located in Lake County, Florida,
described in Exhibit "A", together with all timber, transferable development rights,
improvements, easements, rights-of-way, appurtenances, hereditaments, and riparian and
littoral rights, if any (hereinafter the "Property"), in accordance with the provisions of this
Agreement. This Agreement becomes legally binding on execution of this Agreement, but
exercise of the Option is subject to approval by County and is effective only if County gives
written notice of exercise to City during the Option Period (as that term is defined below). The
Option may be exercised during the period beginning with the date the City executes this
Agreement (the "Effective Date") and ending one hundred and thirty-five (135) days after such
execution (the "Option Expiration Date") (the period of time between the Effective Date to and
including the Option Expiration Date is the "Option Period"), unless otherwise extended by
mutual agreement of the parties. If City does not date this Agreement, then the Effective Date
shall be the date this Agreement, signed by City, is received by the County. The closing agent
for the Closing (as that term is defined below) will be chosen by City (hereinafter the "Closing
Agent").
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2. PURCHASE PRICE. In the event that County exercises the Option, the purchase price
for the Property will be FOUR MILLION ONE HUNDRED THOUSAND NO/100 DOLLARS
($4,100,000.00) (the "Purchase Price") which, after credit for the Deposit (as that term is defined
below), and subject to appropriate credits, adjustments and prorations as set forth in this
Agreement, will be paid by County to City as follows in cash, by County warrant, or by wire
transfer of immediately available funds TWENTY-FIVE T~~~D DOLLARS ($25,000) at
closing, thereafter, the sum of EIGHT HUNDRED THOUSAND DOLLARS
($815,000.00) shall be paid on November 1, 2012, and a like sum plus accrued interest on ti-g
November 1, 2013, November 1, 2014, November 1, 2015 and November 1, 2016 by County t ~~,~v`
City as consideration for such sale in the event County exercises the Option. Interest shall start
accruing on November 2, 2012 and paid by County to City at the rate of four (4) percent per ~~
annum on the outstanding balance as of November 2, 2012.
3. DEPOSIT. On or before the third (3rd) business day after the Effective Date,
County shall deposit with the Clerk of the Circuit Court, a deposit in the amount of One
Thousand and No/100 Dollars ($1,000.00) (the "Initial Deposit") (the Initial Deposit, together
with any additional sums deposited by County and all interest accruing on any of the foregoing,
shall collectively be referred to herein as the "Deposit). Failure of County to deposit the Initial
Deposit with the Clerk of the Circuit Court on or before the third (3rd) business day after the
Effective Date shall be an immediate default under this Agreement by County, whereupon, in
that instance, City may (a) terminate this Agreement upon written notice thereof to County, or
(b} City may pursue any other remedies available to City hereunder. All interest earned on the
Deposit shall held for the benefit of the County, but shall be distributed in proportion to the
distribution of the Deposit. Except as otherwise provided herein, the Deposit shall be applied
against the Purchase Price at the Closing or refunded or forfeited in accordance with the terms
and conditions of this Agreement.
4. TITLE. City represents that they are the owners in fee simple of the Property and
that they are authorized to execute and deliver this Agreement. City agrees to convey good,
marketable, and insurable title to the Property by Statutory Warranty Deed in accordance with
the provisions of Section 689.02, Florida Statutes, in fee simple, free and clear of all liens,
reservations, restrictions, easements, leases, tenancies and other encumbrances, except for
those that are acceptable encumbrances in the sole discretion of County and do not impair the
marketability of the title to the Property except as provided herein. It is the intention of the
parties to this Agreement that the Property to be conveyed shall include all timber, transferable
development rights, improvements, easements, rights-of-way, appurtenances, hereditaments,
and riparian and littoral rights, if any, in any way appertaining to the Property and/or the entire
tract of which said Property is a part, including but not limited to any right, title, and interest of
the City in and to public roadways or public alleys.
5. INSPECTION PERIOD. It is understood and agreed that County's sole reason for
purchasing the Property is to utilize the Property for recreational park/ball parks (hereinafter
referred to as the "intended use"), and that County is unable to enjoy the Property for any other
purpose. Therefore, it is agreed that County's obligations hereunder shall be subject to the
following conditions and provisions for County's benefit, any of which may be waived by County,
and City agrees to provide the County with such assistance as may be reasonably required to
satisfy these conditions
A. The receipt by County of reports from engineering and environmental tests and
investigations, ordered at County's expense, indicating that the Property is free from
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contamination and/or hazardous waste and suitable, in County's sole judgment, for County's
intended use. If further investigations, testing, monitoring or environmental site assessments
are required by the County to determine the existence or extent of Hazardous Materials on the
Property, County, at its sole option may elect to extend the Option Expiration Date to conduct
such procedures at the County's sole cost and expense. For purposes of this Agreement
"Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any
kind or any other substance which is regulated by any federal, state or local environmental law,
regulation, ordinance, code, rule, judgment, or decrees. County shall have the option, in
County's sole judgment, to terminate this Agreement if Hazardous Materials and/or
contamination are found on the Property.
Further, if County elects to move forward with the purchase, City shall indemnify and
save harmless and defend County, its officers, servants, agents and employees from and
against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action
of whatsoever kind arising from Hazardous Materials placed on the Property prior to closing.
City shall defend, at City's sole cost and expense, any legal action, claim or proceeding
instituted by any person against County as a result of any claim, suit, or cause of action for
injuries to body, life, limb or property for which Hazardous Materials placed on the Property prior
to closing are alleged to be a contributing legal cause. City shall save County harmless from
and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in
and about any such claim, suit, investigation or defense thereof, which may be entered, incurred
or assessed as a result of the foregoing. Nothing herein shall act as or be deemed a waiver of
any sovereign immunity that County and/or City may enjoy.
The limitation herein on City's contractual obligation to indemnify County as specified in
this paragraph shall not be construed to limit City's legal liability under any Environmental Law
for Hazardous Materials located on the Property or ~to limit County's legal and equitable
remedies against City under any Environmental Law for Hazardous Materials located on the
Property.
B. The receipt by County of engineering and other inspections and investigations,
ordered at County's expense, indicating that all improvements, appurtenances, and equipment
on the Property, if any, are in good working operating condition and repair and are suitable, in
County's sole judgment, for County's intended use, all of which shall be on the Closing Date as
hereafter defined, in the same conditions as existed on the date of County's execution of this
Agreement, ordinary wear and tear only excepted.
C. County's obtaining, at its option, all necessary permits, licenses, permissions, or
other governmental authorizations required by governmental agencies to maintain and operate
a facility, if any are to be constructed, for County's intended use.
D. County obtaining an accurate, complete and certified survey of the Property
ordered at County's expense. If the survey ("Survey"), certified by professional surveyor and
mapper licensed by the State of Florida, shows any encroachment on the Property or that
improvements intended to be located on the Property encroach on the land of others, the same
shall be treated as a title defect. County shall notify City of its objection to any matter disclosed
by such survey and City shall have 30 days to eliminate County's objection.
E. The absence of all restrictions including, but not limited to, deed restrictions,
protective covenants, and zoning ordinances which would prevent County from using the
Property for its intended use, except for any such restrictions imposed by County.
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F. The availability of utilities including, but not limited to, electric, water, sanitary
sewer, storm sewer, and telephone located at the Property line in the public right-of-way and
available for County's immediate use at no more than the customary charge for connection to
each such utility.
G. The receipt by County of permission from the appropriate governmental authority
other than County to make any median or curb cuts which may be required by County for
ingress and egress to the Property from all lanes of traffic on all streets or highways on which
the Property abuts.
H. The receipt by County of a standard ALTA title insurance commitment issued by
the Closing Agent for the amount of the Purchase Price. City shall provide at City's expense the
initial title commitment and update, and an Owner's Title Insurance Policy, which shall insure
marketable title to the Property in the amount of the Purchase Price. If the title insurance
commitment furnished pursuant to this Agreement discloses any defects in title which are not
acceptable to County, City shall, within 30 days after notice from County, remove said defects in
title. City agrees to use diligent effort to correct the defects in title within the time provided
therefore, including the bringing of necessary suits. Defects arising from liens against the
Property shall be satisfied at closing from City's proceeds. If City is unsuccessful in removing
the title defects within said time, County shall have the option to either: (a) accept the title as it
then is with a reduction in the Purchase Price by an amount determined by County, (b) accept
the title as it then is with no reduction in the Purchase Price, (c) extend the amount of time City
has to remove the defects in title, or (d) terminate this Agreement, thereupon releasing County
and City from all further obligations under this Agreement. If City fails to make a diligent effort to
remove the title defects, City shall be in default and the default provisions of this Agreement
shall apply.
I. Approval by the Lake County Board of County Commissioners of this Agreement
after 30 days public notice.
J. Contingent upon legal and practical ingress and egress for the Property over
public roads or valid, recorded easements for the use and benefit of and as an appurtenance to
the Property.
If any conditions above cannot be satisfied within 120 days from the date the City
executes this Agreement, by County's good faith efforts, County shall have the option to
terminate this Agreement by sending written notification thereof to City prior to the expiration of
the 120 days. In the event of termination, the Option Payment, and any accrued interest, shall
be returned to the County, and this Agreement shall be deemed null and void. Notice of non-
fulfillment and termination shall be given to City in accordance with the Notice provisions
contained herein. If the County fails to notify the City that County is terminating this Agreement
due to the non-fulfillment of one or more of the above conditions within this 120 day period all
such conditions are deemed to have been waived by County.
6. RIGHT OF ENTRY. The City does hereby grant the County and County's agents
the right to enter upon the Property, at reasonable times, an upon reasonable notice to City, at
any time after County makes the payment of the Initial Deposit until the earlier of (a) this
Agreement is Terminated, or (b) the Closing Date, for all lawful purposes in connection with this
Agreement, including the right to make surveys, and perform all necessary engineering and
environmental investigations. It is expressly provided, however, that County and any agent or
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assignee of County who shall enter upon the Property pursuant to such right of entry shall, as a
condition to the exercise thereof, be deemed to have agreed, and does hereby agree, to
indemnify and save and hold City harmless from and against any and all loss, damage, cost,
expense, liability or responsibility whatsoever (including, without limitation, reasonable
attorneys' fees) which may be occasioned, directly or indirectly, by reason of the exercise of
such right of entry upon the Property, and that such indemnification shall expressly survive both
the termination of this Contract and the Closing. Prior to entry onto the Property, every agent or
contractor of County shall deliver to City a certificate evidencing such agents or contractors
general public liability coverage in amounts of no less than $1,000,000 per occurrence and
$1,000,000 in the aggregate, listing City as an additional insured thereunder.
7. TAXES AND ASSESSMENTS. City shall satisfy all real estate taxes and
assessments that are or may become a lien against the Property, in accordance with Section
196.295, Florida Statutes.
8. CLOSING. If County exercises the Option, the closing on the sale and purchas
of the Property (the "Closing") shall take place in escrow cord t tf~ general provisions f
the escrow closing then in use by the Closing Agent on (the "Closing Date' /
unless extended by other provisions of this Agreement. The Closing shall be held at the office
of the Closing Agent as selected by City, or such other place as may be agreed to by the ~)
parties. The Closing Agent's charges for such escrow closing shall be borne equally by the V~
parties or by mail away closing. The cost of any documentary stamp taxes or other taxes or
fees levied in connection with the sale, purchase, or transfer of title to the Property shall be
borne by the non-exempt party in accordance with Chapter 201, Florida Statutes. City shall be
responsible for all costs and expenses associated with transferring marketable title to the
County, including any fees charged by a mortgage company for a full or partial release, of any
mortgage encumbering the Property. County shall be responsible for the cost of recording the
deed. On the Closing Date the City shall deliver to the County:
a. Duly executed Deed herein;
b. Possession of the Property Premises;
c. Duly executed affidavit of City stating under penalty of perjury the City's U.S.
Taxpayer Identification Number, and that the City is not a "foreign person" within the meaning of
the Internal Revenue Code (the "Code") for the purposes of substantiating exemption from the
withholding provisions of the Tax Reform Act of 1984. City acknowledges that City's failure to
furnish such affidavit shall require County to withhold from the Purchase Price an amount
required by the Code and such withheld amount shall be deemed to be a portion of the
Purchase Price paid to City for purposes of this Agreement;
d. Instruments in form and substance satisfactory to the parties and the Closing
Agent evidencing the status, capacity and authority of the parties and its representatives to
consummate the transaction contemplated by this Agreement;
e. Duly executed affidavit of City to the effect that (i) there have been no
improvements, alterations, or repairs to the Property for which the costs thereof remain unpaid,
(ii) there are no mechanics', materialmen's, or laborers' liens against the Property and (iii) that
City is unaware of any violations of municipal ordinances pertaining to the Property.
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f. Promissory note setting forth the payment obligations described in Section 2
above and providing that interest shall start accruing on November 2, 2012 at the rate of four (4)
percent per annum on any unpaid balance as of November 2, 2012.
9. POST CLOSING MATTERS. The matters stated in this paragraph shall survive the
closing and shall be enforceable by the parties after closing.
a. The obligation of County to make the payments described above shall survive
the closing and will be enforceable by City should County fail to make the payments as they
become due. Any payment not made on the payment date shall bear interest at the rate of six
percent (6%).
b. As an inducement to City to sell the Property to County on the favorable terms of
this agreement, County has promised that it will make improvements to the Property which cost
a minimum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) on or before
November 1, 2012. Such improvements shall be improvements that are necessary to make the
property suitable for recreational use, and shall include any necessary infrastructure costs.
Should County fail to make the investment required by this paragraph, the full outstanding and
unpaid balance of the purchase price shall immediately become due and payable. Should
unforeseen developments occur, County shall have the right to seek an extension of the
November 1, 2012 date, such request shall not be unreasonably denied by City. For purposes
of this paragraph, an unforeseen development shall not include lack of funds, but shall be
matters which delay permitting or construction of the facilities on the Property. Furthermore,
County agrees to as soon as reasonably possible and in no event later than twelve (12) months
from Closing provide to City a proposed concept plan for said improvements. Whereupon City
shall have the right to review and make appropriate comments on the plans. County agrees, to
the extent reasonably possible to consider City's comments as part of the plans for the
development of the Property.
10. RISK OF LOSS AND CONDITION OF PROPERTY. City assumes all risk of loss
or damage to the Property prior to the date of closing and warrants that the Property shall be
transferred and conveyed to County in the same or essentially the same condition as of the date
of City's execution of this Agreement except for (i) ordinary wear and tear, (ii) damage caused
by the elements, and (iii) damage caused by County or its agents, representatives, employees,
or any other party performing services for the County during the Inspection Period. If the
condition of the Property is materially or substantially altered, by an act of God or other natural
force beyond the control of City, however, County may elect, at its sole option, to terminate this
Agreement by written notice thereof to City, and thereupon neither party shall have any further
obligations under this Agreement. If County terminates under this provision, County shall be
entitled to a full refund of the Deposit. City represents and warrants that there are no parties
other than City in occupancy or possession of any part of the Property.
All wells, if any located on the Property shall be duly abandoned at the City's sole
cost and expense prior to the exercise of the Option unless this requirement is waived by
County in writing, or which may be required to remain, as necessary to comply with the terms or
conditions of any regulatory agency conditions, order or permit related to the closure of the
City's operational permit for the spray field.
City agrees to clean up and remove all abandoned personal property, refuse,
garbage, junk, rubbish, trash and debris (hereafter, "trash and debris") from the Property to the
reasonable satisfaction of the County prior to exercise of the Option by County.
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11. DEFAULT.
a. City's Default. In the event City fails to comply with or perform any of the
conditions to be complied with or any of the covenants, agreements, undertakings or obligations
to be performed by City under the terms and provisions of this Agreement, that are not due to
County's breach or default, and such failure continues for thirty (30) days following notice
thereof in writing from County, then County may, as County's sole and exclusive remedies for
any such breach or default, and upon written notice to City and Escrow Agent, (i) terminate this
Agreement and receive an immediate refund of the Deposit, and thereupon neither party shall
have any further liabilities or obligations hereunder; or (ii) move to specifically enforce the terms
of this Agreement.
b. County's Default. In the event County fails to comply with or perform any of the
covenants, agreements, undertakings or obligations to be performed by County under the terms
and provisions of this Agreement, that are not due to City's breach or default, and such failure
continues for thirty (30) days following notice thereof in writing from City, then City may, as
City's sole and exclusive remedies for any such breach or default, (i) upon written notice to City
and Escrow Agent, receive the Deposit actually paid by County to the date of such breach or
default from Escrow Agent as full liquidated damages, whereupon this Agreement and all rights
and obligations created hereby shall automatically terminate and be null and void and of no
further force or effect whatsoever, except for those obligations which expressly survive the
termination of this Agreement; or (ii) seek to recover damages from City related to this
Agreement and the Property. In the event that City elects option (i) above, County and City
acknowledge that it would be difficult or impossible to ascertain the actual damages suffered by
City as a result of any breach or default by County hereunder and agree that such liquidated
damages are a reasonable estimate of such damages.
12. BROKERS. County and City each warrant to the other that no real estate broker
or agent is entitled to any commission or fee whatsoever with respect to this transaction, and
each party will indemnify and hold the other party harmless from and against any and all claims
by all other real estate brokers or agents with respect to this transaction to the extent authorized
by Florida law.
13. TIME. Time is of essence with regard to all dates or times set forth in this
Agreement.
14. SEVERABILITY. If any of the provisions of this Agreement are deemed to be
unenforceable and the unenforceability of said provisions does not adversely affect the purpose
and intent of this Agreement, there shall be added in lieu thereof, a provision(s) as similar in
terms to such provision as is possible and still be legal, valid and enforceable.
15. SUCCESSORS IN INTEREST; ASSIGNMENT. This Agreement shall bind and
inure to the benefit of City and County and their respective heirs, legal representatives and
successors. Whenever used, the singular shall include the plural and one gender shall include
all genders. Notwithstanding the foregoing, this Agreement may not be assigned by County
without the express written consent of City, which consent may be granted, conditioned or
denied in City's sole discretion.
16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties pertaining to the subject matter contained in it and supersedes all prior and
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contemporaneous agreements, representations and understandings of the parties. No
supplement, modification or amendment to this Agreement shall be binding unless executed in
writing by the parties. Notwithstanding the foregoing, the parties acknowledge that the legal
description contained in Exhibit "A" was prepared based upon historic chain of title information,
without the benefit of a current survey of the Property. The parties agree that if it becomes
necessary to amend the legal description of the Property to correct errors in the legal
description of the Property, the legal description will be amended by the parties.
17. WAIVER. Failure of either party to insist upon strict performance of any covenant
or condition of this Agreement, or to exercise any right herein contained, shall not be construed
as a waiver or relinquishment for the future of any such covenant, condition or right; but the
same shall remain in full force and effect.
18. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, but all such counterparts, when duly executed, shall constitute one and the same
Agreement.
19. NOTICE. Whenever either party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally, transmitted via
facsimile transmission, mailed postage prepaid, or sent by overnight courier to the appropriate
address indicated on the first page of this Agreement, or such other address as is designated in
writing by a party to this Agreement. Notices shall be deemed given when actually delivered.
20. SURVIVAL. The covenants, warranties, representations, indemnities and
undertakings of City set forth in this Agreement shall survive the closing, the delivery and
recording of the deed and County's possession of the Property.
21. IF THIS INSTRUMENT IS NOT EXECUTED BY THE CITY, ON OR BEFORE
~ 30 2009. THIS OFFER SHALL BE NULL AND VOID. COUNTY'S EXERCISE OF THIS
OPTION IS SUBJECT TO APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA. THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT
WHEN DULY EXECUTED. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN
. ~ ATTORNEY PRIOR TO SIGNING.
CITY
ATTEST:
Tracy Ackroyd, Town Clerk,
Appr ved as fo n lity:
~ i' '
n1Et-~1~11antazaris
City Attorney
CITY OF CLERMONT,
through its CITY COUNCIL
M yor Harold Turville
This I ``t-h day of ~ ~ 5~-P S+, 2009
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Agreement Between Lake County and City of Clermont Relating to the Clermont Sprayfield.
COUNTY
ATTEST:
Neil elly, CI k
of th Board of Coun
Commissioners of Lake
County, Florida
Appr as for gality:
San A. Minkoff
County Attorney
LAKE COUNTY, through its
BOARD OF COUNTY ~IONERS
Welton G. Cad ,Chairman
This day of , 2009
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LEGAL DESCRIPTION -EXHIBIT A
ALL THAT PART OF TRACTS 54, 55, AND 60 OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 25
EAST, AND THAT PART OF TRACTS 5 AND 6 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25
EAST, ACCORDING TO THE PLAT OF GROVELAND FARMS AS RECORDED IN PLAT BOOK 2,
PAGES 10 AND 11, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, NOT LYING WITHIN THE
BOUNDS OF THE FOLLOWING DESCRIPTION:
THAT PART OF SECTIONS 21 AND 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, DESCRIBED AS
FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE
25 EAST, LAKE COUNTY, FLORIDA, AND RUN THENCE NORTH 01°13'38.9" WEST ALONG THE
EAST LINE OF SAID SECTION 719.82 FEET; THENCE SOUTH 89°21'54.9" WEST 566.36 FEET;
THENCE SOUTH 82°24'48.8" WEST 337.44 FEET; THENCE NORTH 79°59'29.2" WEST 1156.55 FEET;
THENCE SOUTH 0°55'12.8" EAST 268.25 FEET; THENCE SOUTH 89°42'53.2" WEST 660 FEET;
THENCE SOUTH 0°55'12.8" EAST 34.79 FEET; THENCE SOUTH 28°00' EAST 296.89 FEET; THENCE
SOUTH 48°00' EAST 482.11 FEET; THENCE SOUTH 62°41'50.9" EAST 314.23 FEET; THENCE
SOUTH 13°33'14.4" WEST 145 FEET; THENCE SOUTH 17°11'06.2" EAST 291.11 FEET; THENCE
SOUTH 57°11'36.5" EAST 231.3 FEET; THENCE NORTH 88°56'48.8" EAST 1686.7 FEET TO A POINT
ON THE EAST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE NORTH
0°02'50.2" EAST ALONG SECTION LINE 678.71 FEET TO THE POINT OF BEGINNING.
AND
THAT PART OF SECTIONS 21 AND 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 25 EAST,
LAKE COUNTY, FLORIDA, AND RUN THENCE NORTH 01°13'38.9" WEST ALONG THE EAST LINE
OF SAID SECTION 719.82 FEET; THENCE SOUTH 89°21'54.9" WEST 566.36 FEET; THENCE SOUTH
82°24'48.8" WEST 337.44 FEET; THENCE NORTH 79°59'29.2" WEST 1156.55 FEET; THENCE SOUTH
0°55'12.8" EAST 268.25 FEET; THENCE SOUTH 89°42'53.2" WEST 660 FEET; THENCE SOUTH
0°55'12.8" EAST 34.79 FEET; THENCE SOUTH 28°00' EAST 296.89 FEET; THENCE SOUTH 48°00'
EAST 482.11 FEET; THENCE SOUTH 62°41'50.9" EAST 314.23; THENCE SOUTH 13°33'14.4" WEST
145 FEET; THENCE SOUTH 17°11'06.2" EAST 291.11 FEET; THENCE SOUTH 57°11'36.5" EAST
231.3 FEET; THENCE NORTH 88°56'48.8" EAST 1686.7 FEET TO A POINT ON THE EAST LINE OF
SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE NORTH 0°02'50.2" EAST ALONG
SECTION LINE 678.71 FEET TO THE POINT OF BEGINNING.
AND
TRACT 12, GROVELAND FARMS, SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, AND
BEGIN 275 FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 9, GROVELAND FARMS,
SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST; RUN THENCE NORTH TO THE
NORTHEAST CORNER OF THE SAID TRACT 9; RUN THENCE WEST TO THE NORTHWEST
CORNER OF TRACT 11; RUN THENCE SOUTH TO THE SOUTHWEST CORNER OF TRACT 11; RUN
THENCE EAST 645 FEET; RUN THENCE NORTH 10 FEET; RUN THENCE EAST TO A POINT 196
FEET WEST OF THE EAST LINE OF TRACT 9; RUN THENCE NORTHEASTERLY TO THE POINT OF
BEGINNING; ALL IN GROVELAND FARMS, SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGES 10 AND 11, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA.
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BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACTS 5, 6, 7 8, 11, 12, 54, 55, 57, 58, 59, 60 AND A PORTION OF TRACTS 9, 10 AND 56 AND
CERTAIN INTERNAL RIGHTS OF WAY TO THOSE TRACTS, ACCORDING TO THE PLAT OF
~GROVELAND FARMS' AS RECORDED IN PLAT BOOK 2, PAGES 10 AND 11, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA AND LYING IN SECTIONS 21 AND 28, TOWNSHIP 22 SOUTH, RANGE 25
EAST, LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 88°45'43"
WEST ALONG THE SOUTH LINE OF SECTION 21 FOR 12.00 FEET TO THE SOUTHEAST CORNER
OF AFORESAID TRACT 57 AND TO THE POINT OF BEGINNING; THENCE NORTH 01°13'39" WEST
ALONG THE EASTERLY BOUNDARY OF SAID TRACT 57 AND THE EASTERLY BOUNDARY OF
AFORESAID TRACT 56 FOR 719.95 FEET TO THE NORTHERLY BOUNDARY OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 783, PAGE 960 PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; THENCE ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING TWO (2) COURSES:
RUN SOUTH 89°21'55" WEST FOR 554.36 FEET; THENCE SOUTH 82°24'49" WEST FOR 98.87 FEET
TO THE EASTERLY BOUNDARY OF AFORESAID TRACT 55; THENCE NORTH 01°13'10" WEST
ALONG SAID EASTERLY BOUNDARY FOR 609.45 FEET TO THE NORTHERLY BOUNDARY OF SAID
TRACT 55; THENCE SOUTH 88°52'08" WEST ALONG SAID NORTHERLY BOUNDARY AND THE
NORTHERLY BOUNDARY OF AFORESAID TRACT 54 FOR 1329.01 FEET TO THE WESTERLY
BOUNDARY OF SAID TRACT 54; THENCE SOUTH 01°12'11" EAST ALONG SAID WESTERLY
BOUNDARY FOR 663.39 FEET TO THE NORTHERLY BOUNDARY OF AFORESAID TRACT 60;
THENCE SOUTH 88°48'55" WEST ALONG SAID NORTHERLY BOUNDARY FOR 652.60 FEET TO
THE WESTERLY BOUNDARY OF SAID TRACT 60; THENCE SOUTH 01°11'42" EAST ALONG SAID
WESTERLY BOUNDARY FOR 664.00 FEET TO THE NORTHWEST CORNER OF AFORESAID TRACT
5; THENCE SOUTH 00°58'43" EAST ALONG THE WESTERLY BOUNDARY OF SAID TRACT 5 AND
THE WESTERLY BOUNDARY OF AFORESAID TRACT 12 FOR 1341.59 FEET TO THE SOUTHERLY
BOUNDARY OF SAID TRACT 12; THENCE NORTH 89°04'20" EAST ALONG SAID SOUTHERLY
BOUNDARY AND THE SOUTHERLY BOUNDARY OF AFORESAID TRACT 11 FOR 1293.77 FEET TO
THE EASTERLY BOUNDARY OF SAID TRACT 11; THENCE NORTH 00°29'08" WEST ALONG SAID
EASTERLY BOUNDARY FOR 10.00 FEET; THENCE NORTH 89°04'20" EAST ALONG A LINE 10.00
FEET NORTHERLY OF WHEN MEASURED AT RIGHT ANGLE TO THE SOUTHERLY BOUNDARY OF
AFORESAID TRACTS 10 AND 9 FOR 1121.83 FEET TO A POINT 196.00 FEET WESTERLY OF THE
EAST LINE OF SAID TRACT 9; THENCE NORTH 36°09'49" EAST FOR 332.17 FEET TO A POINT ON
THE EASTERLY BOUNDARY OF TRACT 9 LYING 275.00 FEET NORTHERLY OF THE SOUTHEAST
CORNER OF TRACT 9; THENCE NORTH 00°00'08" EAST ALONG THE EASTERLY BOUNDARY OF
SAID TRACT 9 AND THE EASTERLY BOUNDARY OF AFORESAID TRACT 8 FOR 1081.04 FEET TO
THE POINT OF BEGINNING.
CONTAINING 141.53 ACRES, MORE OR LESS.
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