2013-18 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
CLERMONT AND LAKE COUNTY,FLORIDA REGARDING GRANT FOR THE
PRESERVATION OF NATURAL AND HISTORIC RESOURCES
This is a Second Amendment to an Interlocal Agreement by and between the CITY OF
CLERMONT,FLORIDA, a municipal corporation organized and existing under the laws of the State of
Flonda (hereinafter "City") and LAKE COUNTY, FLORIDA, a political subdivision of the State of
Flonda,by and through its Board of County Commissioners(hereinafter"County")
WITNESSETH:
WHEREAS, the Florida Interlocal Cooperation Act of 1969, §163 01, et. seq, Florida Statutes,
encourages local government units to make the most efficient use of their powers by enabling them to
cooperate on a basis of mutual advantage;and
WHEREAS, the City and County entered into an Interlocal Agreement regarding a grant for the
preservation of natural and historical resources on January 9, 2007 wherein the County provided Two
Million Five Hundred Thousand Dollars ($2,500,000.00) to aid City in making a land purchase
(hereinafter"Conservation Property"); and
WHEREAS, in April 2008, City and County amended the Interlocal Agreement dated January 9,
2007 wherein the County provided an additional Two Million Five Hundred Thousand Dollars
($2,500,000 00) to aid City in making an additional land purchase adjacent to the Conservation Property;
and
WHEREAS, City is desirous of making improvements to the Conservation Property which will
allow its use by members of the public in Lake County,Florida; and
WHEREAS, all residents of Lake County will benefit if the Conservation Property is developed
and open to the public, and the Board of County Commissioners has determined that it is in the best
interests of such citizens if County contributes additional funding for such development; and
WHEREAS,City owns other property which previously was used as a wastewater sprayfield,but
which is no longer needed for such purpose, and is surplus property for City, more particularly descnbed
in Exhibit A,attached hereto and incorporated herein by reference(hereinafter"Clermont Property");and
WHEREAS, County has developed a master plan for active recreation in the County, and such
plan outlines the need for an additional active regional park in South Lake County; and
WHEREAS, all residents of Lake County, including those of City, will benefit if an additional
active regional park is developed and open to the public in South Lake County, and the City Council of
the City of Clermont has determined that it is in the best interest of its citizens if City transfers the
Clermont Property to County which intends to develop and use such property for active recreation
purposes;and
WHEREAS, the parties now desire to amend the Interlocal Agreement for the purpose of the
County providing additional grant funds to City and for City to convey to County the Clermont Property.
NOW, THEREFORE, for and in consideration of the mutual terms, understandings, conditions,
promises, covenants and payments hereinafter set forth, and intending to be legally bound, the parties
Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources.
agree that the following provisions shall be added to the Interlocal Agreement dated January 9, 2007 as
amended in Apnl,2008 (hereinafter"Interlocal Agreement"), as follows.
I. RECITALS. The foregoing recitals are true and correct and incorporated herein
II. AMENDMENT. The provisions of this Second Amendment shall be added to and supplemental
to the Interlocal Agreement Nothing in this Second Amendment shall supersede the provisions of the
Interlocal Agreement unless this amendment specifically so states.
III. COUNTY'S REIMBURSEMENT OF CITY'S EXPENSES FOR CONSERVATION
PROPERTY. County, agrees to reimburse City for expenses related to improvements which will be
made after the date of this agreement to the Conservation Property in an amount up to One Million Eight
Hundred Thousand Dollars ($1,800,000 00). Reimbursement will only be made for the cost of capital
improvements to such property which are shown on the Management Plan for the property which has
been approved by Florida Communities Trust utilizing the process set forth in the Interlocal Agreement.
City shall submit invoices for the reimbursement to the County per the Notice provision. Within thirty
(30)days of receipt of the invoices, County shall reimburse City.
IV. CLERMONT PROPERTY.
A. Transfer. City hereby agrees to transfer the Clermont Property to County, described in
Exhibit A, attached hereto and incorporated herein, together with all timber, transferable development
rights, improvements, easements, nghts-of-way, appurtenances, hereditaments, and nparian and littoral
rights, if any, in accordance with the provisions of this Second Amendment (hereinafter "Second
Amendment") Notwithstanding the foregoing, the parties acknowledge that the legal description
contained in Exhibit A was prepared based upon historic chain of title information. The parties agree that
if it becomes necessary to amend the legal description of the Clermont Property to correct errors in the
legal description of the Clermont Property,the legal description will be amended by the parties
B. Title City represents that they are the owners in fee simple of the Clermont Property and
that they are authorized to execute and deliver this Second Amendment. City agrees to convey good,
marketable, and insurable title to the Clermont 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
Clermont Property except as provided herein. It is the intention of the parties to this Second Amendment
that the Clermont Property to be conveyed shall include all timber, transferable development nghts,
improvements, easements,nghts-of-way, appurtenances, hereditaments, and npanan and littoral nghts, if
any, in any way appertaining to the Clermont Property and/or the entire tract of which said Clermont
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.
C. Inspection Period It is understood and agreed that County's sole reason for acquiring the
Clermont Property is to utilize the Clermont Property for active recreation with athletic fields, courts and
support facilities (hereinafter referred to as the "intended use"), and that County is unable to enjoy the
Clermont 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:
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources
1) The receipt by County of reports from engineering and environmental tests and
investigations, ordered at County's expense, indicating that the Clermont Property is free from
contamination and/or hazardous waste and suitable, in County's sole judgment, for County's
intended use If further investigations, testing, monitonng or environmental site assessments are
required by the County to determine the existence or extent of Hazardous Matenals on the
Clermont Property, County,at its sole option may elect to extend the inspection period to conduct
such procedures at the County's sole cost and expense For purposes of this Second Amendment
"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 Second Amendment if Hazardous Materials and/or contamination
are found on the Clermont Property
2) City agrees to provide County with all site plans, environmental reports, and/or
surveys not previously provided to the County
3) Further, if County elects to move forward with the transfer, 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 land arising from Hazardous Matenals placed on the Clermont Property prior to
closing and which could not, after environmental inspection, have been discovered by County
during the inspection period. 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 Clermont Property prior to closing are alleged to be a contrbutmg legal cause and which
could not, after environmental inspection, have been discovered during the inspection penod.
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.
4) 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 Clermont Property and which could
not, after environmental inspection, have been discovered by County during the inspection penod
or to limit County's legal and equitable remedies against City under any Environmental Law for
Hazardous Matenals located on the Clermont Property
5) 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 Clermont 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 Second Amendment, ordinary wear and tear only excepted. Provided,however,
that City makes no warranty whatsoever as to any improvements, appurtenances and equipment
on the Clermont Property and related, to installed or used as part of the former use of the
Clermont Property as a sprayfield Any and all such improvements, appurtenances and
equipment are expressly transferred hereunder"as is"
6) County obtaining an accurate, complete and certified survey of the Clermont
Property ordered at County's expense. If the survey ("Survey"), certified by professional
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources.
surveyor and mapper licensed by the State of Florida, shows any encroachment on the Clermont t
Property or that improvements intended to be located on the Clermont Property encroach on the
land of others, the same shall be treated as a title defect. Such survey shall also identify legal
access to the property. County shall notify City of its objection to any matter disclosed by such
survey and City shall have thirty(30)days to eliminate County's objection
7) The absence of all restrictions including, but not limited to, deed restrictions,
protective covenants, and zoning ordinances which would prevent County from using)the
Clermont Property for its intended use,except for any such restrictions imposed by County.
8) The receipt by County of a standard ALTA title insurance commitment issued by
the Closing Agent in an amount to be determined by County. Such initial title commitment and
update, and an Owner's Title Insurance Policy, which shall insure marketable title to the
Clermont Property shall be paid for by County If the title insurance commitment furnished
pursuant to this Second Amendment discloses any defects in title which are not acceptable to
County, City shall, within thirty (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. If City is unsuccessful in removing the title defects
within said time, County shall have the option to either (a) accept the title as is, (b) extend the
amount of time City has to remove the defects in title,or(c)terminate this Second Amendment as
provided below -
D. Right of Entry The City does hereby grant the County and County's agents the right to
enter upon the Clermont Property, at reasonable times,and upon reasonable notice to City until the earlier
of (a) this Second Amendment is terminated, or (b) the Closing Date, for all lawful purposes in
connection with this Second Amendment, 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 assignee of County who shall enter upon the Clermont 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 Clermont
Property, and that such indemnification shall expressly survive both the termination of this Contract and
the Closing. Prior to entry onto the Clermont 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
E. Taxes and assessments. City shall satisfy all real estate taxes and assessments that are or
may become a lien against the Clermont Property;in accordance with Section 196 295,Florida Statutes.
F. Closing. If the County approves the Clermont Property transfer, the closing shall take
place in escrow according to the general provisions of the escrow;closing then in use by Williams, Smith
and Summers, P A. (hereinafter "Closing Agent"), twenty (20) days after satisfaction or waiver of the
conditions set for in Section IV above (hereinafter "Closing Date), unless extended by other provisions
of this Second Amendment. Closing shall be held at the offices of the Closing Agent or other such place
as may be agreeable to the parties The Closing Agent's charges for such escrow closing shall be borne
by County. 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 Clermont Property shall be borne by County. County shall be
responsible for all costs and expenses associated with transferring marketable title to the County County
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources.
shall be responsible for the cost of recording the deed. On the Closing Date, the City shall deliver to the
County
1) Duly executed Deed herein;
2) Possession of the Clermont Property Premises;
3) Instruments in form and substance satisfactory to the parties and the Closing Agent
evidencing the status, capacity and authonty of the parties and its representatives to consummate
the transaction contemplated by this Second Amendment;
4) Duly executed affidavit of City to the effect that (i) there have been no improvements,
alterations, or repairs to the Clermont Property for which the costs thereof remain unpaid, (ii)
there are no mechanics', materialmen's, or laborers' liens against the Clermont Property and (iii)
that City is unaware of any violations of municipal ordinances pertaining to the Clermont
Property
G. Risk of Loss and Condition of Clermont Property. City assumes all nsk of loss or damage
to the Clermont Property prior to the date of closing and warrants that the Clermont 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 Second Amendment 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 Clermont
Property is matenally 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 Second Amendment by wntten
notice thereof to City, and thereupon neither party shall have any further obligations under this Second
Amendment. City represents and warrants that there are no parties other than City in occupancy or
possession of any part of the Clermont Property
H All wells, if any located on the Clermont Property shall be duly abandoned at the City's
sole cost and expense prior to the closing unless this requirement is waived by County in wnting, 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
I. City agrees to clean up and remove all abandoned personal property,refuse, garbage,junk,
rubbish, trash and debris (hereafter, "trash and debris") from the Clermont Property to the reasonable
satisfaction of the County prior to exercise of the Option by County.
V. GENERAL CONDITIONS:
A The obligation of the County to reimburse the cost of improvements on the Conservation
Property is contingent upon the transfer of the Clermont Property from City to County If any of the
conditions in Section IV above cannot be satisfied within one hundred twenty (120) days from the date
the last party to this agreement executes the Second Amendment, by County's good faith efforts, County
shall have the option to terminate this Second Amendment by sending written notification thereof to City
prior to the expiration of the one hundred twenty (120) days In the event of termination, this Second
Amendment 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
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources
1
County is terminating this Second Amendment 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.
B. 'Maintenance of Clermont Property. City agrees that it will maintain the Clermont
Property until September 30, 2014. For purposes of this paragraph, maintenance shall only include
2 periodic mowing of the property and removal of any trash or other debris that may be placed upon such
property.
VI. NOTICES.
A. All notices, demands, or other writings required to be given or made or sent in this
Second Amendment, or which may be given or made or sent, by either party to the other, shall be deemed
to have fully given or made or sent when in writing and addressed as follows.
For City: With a copy to.
Darren Gray, City Manager Daniel Mantzaris,Esq
Post Office Box 120219 Post Office Box 87
Clermont,Florida 34712-0219 Orlando, Florida 32802
For County. With a copy to:
David Heath, County Manager Sanford A. Minkoff,Esq.
P.O. Box 7800 P.O. Box 7800
Tavares,Florida 32778 Tavares, Florida 32778
B. All notices required, or which may be given hereunder, shall be considered properly
given if(1) personally delivered, (2) sent by certified United States mail, return receipt requested, or(3)
sent by Federal Express or other equivalent overnight letter delivery company.
C. The effective date of such notices shall be the date personally delivered, or if sent by
mail, the date of the postmark, or if sent by overnight letter delivery company, the date the notice was
picked up by the overnight letter delivery company.
D. Parties may designate other parties or addresses to which notice shall be sent by
notifying, in writing,the other party in a manner designated for the filing of notice hereunder.
VII. EFFECTIVE DATE. The Effective Date of this Second Amendment is the date it is last
executed by any of the parties.
VIII. TERMINATION. If any party hereto terminates this Second Amendment under any of the
applicable provisions, this Second Amendment shall be terminated, and all parties shall be relieved of all
obligations set forth herein. All other provisions of the Interlocal Agreement shall remain in full force
and effect.
IX. MODIFICATION. No modification, amendment or alteration-in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity therewith.
X. INCORPORATION. This Second Amendment incorporates and includes all prior negotiations,
correspondence, conversations, agreements, or understanding applicable to the matters contained herein
■
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources
and the parties agree that there are no commitments, agreements, or understanding concerning the subject
matter of this agreement that are not contained in this document
XI. SCOPE OF AGREEMENT. This Second Amendment is intended by the parties to be the final
expression of their agreement,and it constitutes the full and entire understanding between the parties with
respect to the subject of this Second Amendment, notwithstanding any representations, statements, or
agreements to the contrary heretofore made. This Second Amendment repeals and replaces any prior
representations, statements,or agreements concerning the subject of this agreement
XII. LIMITATIONS. The parties to this Second Amendment do not intend to, and this Second
Amendment shall not be construed to,create any rights on the part of,or duties owed by the parties hereto
in favor of, any third party beneficiaries or any other person or entity other than the actual parties to this
Second Amendment. Furthermore, this Second Amendment is not intended to, and shall not be construed
to, establish a standard of care or a level of duty on the part of any party hereto in favor of any person or
entity not a party to this Second Amendment, and it is the specific intent of the parties hereto that this
Second Amendment shall not be admissible by any participant in any legal or administrative proceeding,
other than the actual parties hereto, for the purpose of establishing any liability on the part of, or claim
against, any party to this Second Amendment based on the failure of a party to adhere to the terms of this
Second Amendment. This Second Amendment may be enforced only by its parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Second Amendment
on the respective dates under each signature County through its Board of County Commissioners,signing
by and through its Chairman, authorized to execute same by Board action on the a(o day of
, 2013; and City through its Mayor, authorized to execute same by City Commission
action on the o`Z(o day of f c.,z.1.---- ,2013
COUNTY
LAKE COUNTY,through its BOARD
OF COUNTY COMMISSIONERS
ATTEST.
Lesli Campione,Chairman
Nei Kel ,Cl•rk oft oard 7 ^
3• This day of rv1t-s . ,2013.
of County Commissio V. of
Lake County,Flond.
Appro ed a Iv a• and legality:
V4 10
•
Sanford A.Minkoff
County Attorney
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources
1,G"
` �
'�, ` � r� CITY
ra
• a CITY OF CLERMONT,FLORIDA
^ ATTEST•'
e_ .r,`n, ", 01 a Turville,Jr.
Mayor
Ji
"Tracy Ackroyd Tln24 day of Ma(eh_ ,2013.
City Clerk
Appro -d a o form and lega i .
..r>- .
City Attorney
•
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Second Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources
EXHIBIT A-PAGE 1 OF 1
(Clermont Property Descnption)
DESCRIPTION
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 LO AND 11, PUBUC 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 01'13'389"
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 1711'06 2" EAST 291 11 FEET, THENCE SOUTH 5711'36 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 5711'36 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
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 0113'10" 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 66339 FEET TO THE NORTHERLY BOUNDARY OF AFORESAID TRACT 60: THENCE SOUTH 88'48'55"
WEST ALONG SAID NORTHERLY BOUNDARY FOR 65260 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
A/K/A Alt Keys 1103231,2546204, 1029392, 1029406
•
S\DOCUMENT\2013\COUNTY PROPERTY\Proposed Regional Park Property\Interlocal w Clermont_03-08-13_final 9
CITY OF CLERMONT
RESOLUTION NO. 2013-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE SECOND
AMENDMENT TO THAT CERTAIN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CLERMONT AND LAKE COUNTY
ACCEPTING A $1,800,000 GRANT FROM LAKE COUNTY FOR THE
PRESERVATION OF NATURAL AND HISTORIC RESOURCES;
PROVIDING FOR THE TRANSFER OF THE CITY'S ABANDONED
SPRAY FIELD PROPERTY TO THE COUNTY; AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO
RECEIVE THE GRANT AND TO TRANSFER THE PROPERTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Clermont, that:
SECTION 1.
The City Council does hereby approve the acceptance of a $1,800,000 natural and historic
preservation grant from Lake County and the transfer to the County of approximately 141 +/-
acres of real property owned by the City and formerly used as a sprayfield, subject to the
conditions contained in the Second Amendment to that certain Interlcoal between the City of
Clermont and Lake County and attached hereto and incorporated herein as Exhibit"A".
SECTION 2.
The Mayor is authorized and directed to enter into the Second Amendment to the ,Interlocal
Agreement attached hereto as Exhibit `A' and the City Manager is authorized to execute any and
all documents necessary to complete the grant process and transfer of property as set forth
therein.
SECTION 3.
This resolution shall take effect immediately upon its adoption.
1
CITY OF CLERMONT
RESOLUTION NO. 2013-08
DONE AND RESOLVED,by the City Council of the City of Clermont, Lake County,
Florida this 26th day of March 2013.
z,`��rr City of Clermont
`Yo` \tetSt'ktk`,..ti1�'f.
t.1 'F,;„1, _a 4.-4 „„)
∎a arold S. Turville, Jr., Mayor
ATTEST: 'n`
Tracy Ac oyd, City t('-rk
Approved as to form and legality:
_ .• _ _ orney