Loading...
1971-07UNITED STATES OF AMERICA DEPARTHENT OF HOUSING, AND URBAN DEVELOPMENT AMENDATORY CONTRACT AMENDING CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN SPACE PURPOSES UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED - Project No OSA- 29 THIS AMENDATORY CONTRACT made and entered into on the date hereinbelow specified. by and between the CITY OF CLERMONT,. FLORiDA (herein called the, "Public Body") and the United States OFAmerica (herein called' the. "Govern- ment) ,WITNESSETH: WHEREAS, the parties hereto entered into that certain Contract for Grant to Acquire and/or Develop Land for Open Space Purposes No. Fla. OSA..29(G), dated the 22nd day of March, 1968, (herein called the Existing Contract), and it now appears that the Existing Contract should be amended; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein and in the Existing Contract the parties hereto do agree as follows: The Existing Contract is hereby amended in the following respects: 1.. By deleting that part of the property described as the North 900' of Government lot 7. Section 23. Township 225, Range' 25 E less the East 225' of the South 350 thereof containing 25.5 acres more or less, as shown on property map by Michaels Engineering Co., Orlando, Florida dated November 1970; And substituting in lieu of the foregoing deleted property the following described property: PARCEL NO. 1 - That part of Government Lot 2 in Section 23, Township 22 South Range 25 East, in the City of Clermont, Florida, bounded and described as follows: Begin at the southwest corner of the said Government Lot 2, thence run east along the south line of the SAid Government lot 2, a distance of 1020 feet; thence run north and parallel with the east line of the said Government: Lot; 2 a distance of 220 feet ; thence run west and parallel with the south of the said Government Lot 2 a distance of 30 feet; thence run north and parallel with the east. line of the said Government Lot 2 a distance of 300 feet: thence run east and parallel with the south line of the said Government Lot 2' a distance of 30 feet; thence run north and parallel with the east line of the said Government Lot 2 a distance of 390 feet; thence run west and parallel with the south line of the said Government Lot 2 a distance of 100 feet; thence run north and parallel with the east line of the said Government Lot 2 to the "faters of Iake Hiawatha; thence run. westerly, along and with the waters of the said Lake to the easterly line of a canal which connects Lake Hiawatha with Lake Palatlakaha thence run southerly along the easterly line of the said canal to a point on the west line of the said Government Lot 2; thence run south, along the west line of the said Government Lot 2. to the point of beginning. PARCEL NO 2. That part of Tracts 20 and 29 in Section 23, Township 22 South. Range 25 East, in Groveland Farms, a subdivision in Lake County, Florida, according to the plat thereof recorded in Plat Book 2, pages 10 and 11, Public Records of Lake County, Florida. lying east of the easterly line of a canal which connects Lake Hiawatha with Lake PaIatlakaha. containfng 21 acres more or less 2. By adding the following special condition as Sec. H of Part 1 of Contract. The Public Body by such land acquision and relocation policies as have been or may be hereafter established under The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Cong., S.l, 84 Stat., 1894) and regulations and procedures issued pursuant thereto The Existing Contract as herein amended remains in full force and effect. IN WITNESS WHEREOF, the Public Body has caused this Amendatory Contract to be duly executed in its behalf and its seal to be hereunto affixed and attested; and, thereafter, the Government; has caused the same to be duly executed in its behalf this 26th day of April, 1971. (SEAL) (Signature) , ,. DON E. SMITH, MAYOR (Signature) DOLORES W. CARROL., CITY CLERK . UNITED STATES OF AMERICA Secretary of Housing and Urban Development METROPOLITAN DEVELOPMENT OFFICE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323 Room 645 REGION IV April 27, 1971 IN REPLY REFER TO: 4GM Mr. A. M. Johnson City Manager City of Clermont 702 Montrose Street Clermont, Florida 32711 Dear Mr. Johnson: Subject: Amendatory Contract Amending Open Space Land Contract No. Fla. OSA.29(G) Project No. Fla. OSA-29 Enclosed herewith for your records is one fully-executed counter- part of the above-identified Amendatory Contract. Sincerely yours, Thomas J. Armstrong Assistant Regional Administrator Enclosure CERI'IFICATE OF ASSURANCE Under Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 The City of Clermont, Florida (Applicant herein) hereby assures that it has authority under State and local law to comply with Section 305 of the Federal Act entitled "Uniform Relocation Assistance and Real Property Acqui- sition Policies Act of 1970," approved January 2, 1971, (Public Law 91-646, 91st Cong., S .1, 84 Stat. 1894) and certifies, assures, and agrees that, not withstanding any provision set forth in any application, contract, or agreement for Project No. FLA. 0SA 29 (1) in acquiring real property in connection with said project, the Applicant will be guided to the greatest extent practicable under State law, by the acquisition policies set out under Section 301 of the Federal Act and the provisions of Section 302 thereof; (2) property owners will be paid or reimbursed for necessary expenses as specified in Section 303 and 304 of the Federal Act; and (3) the costs of the Applicant of providing payments and assistance hereunder shall be borne in accordance with Section 211 of the Federal Act; and (4) the Applicant will execute such amendments to above-mentioned con- tracts and agreements and execute, furnish and be bound by, such additional documents as the Secretary of Housing and Urban Develop- ment shall determine necessary to effectuate or implement the assurances provided hereunder. This document is hereby made part of and incorporated in any application, con- tract, or agreement or any supplements and amendments thereto and shall be deemed to supersede any provisions therein to the extent that such provisions conflict with the assurances or agreements provided hereunder. ( SEAL) By: CITY OF CLERMONT, FLORIDA ( Legal Name of Applicant) (Signature) DON E. SMITH, MAYOR (Title) ATTEST: Signature DOLORES W. CARROLL, CITY CLERK (Title) The undersigned chief legal counsel for the Applicant hereby certifies that the Applicant has authority under State and local law to comply with Sect:1.on 305 of the aforesaid Federal Act and that the foregoing assurances and agreements have been legally and duly given and made by the Applicant Attorney