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2010-79 SECOND AMENDMENT TO AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT RELATING TO THE CLERMONT SPRAYFIELD PROPERTY This is a Second Amendment to the Agreement between Lake County, hereinafter referred to as "County", and the City of Clermont, hereinafter referred to as "City", relating to the Clermont Sprayfield Property WHEREAS, on or about August 11, 2009, the patties entered into an Agreement for property located in Lake County, Florida, which is described as follows: See attached Exhibit A, attached hereto and incorporated herein by reference. WHEREAS, Paragraph 5 of the Agreement states that County shall have one - hundred and twenty (120) days after the Effective Date to determine whether the Property is acceptable to County for use as recreational park/ball parks; and WHEREAS, on November 12, 2009, the parties agreed to extend the due diligence period to February 8, 2010 with the closing to occur no later than Mat ch 16, 2010. WHEREAS, the parties have been unable to complete the necessary due diligence and additional time is needed; and WHEREAS, the parties now desire to amend the Agreement to extend the due diligence period by approximately sixty (60) days. NOW, THEREFORE, IN CONSIDERATION of the terms, conditions, premises, payments and covenants contained herein, the parties agree as follows: 1 Recitals. The foregoing recitals are title and correct and are incorporated herein by reference 2. Amendment. a. Section 5 of the original Agreement dated August 11, 2009, shall be amended to extend the due diligence period to April 9, 2010. Should the contingencies be fulfilled, the closing shall occur no later than May 17, 2010 3. Other Provisions. All other provisions of the original Agreement dated August 11, 2009, shall retrain in full force and effect. \\BCCFS01\share dept \County Attorney Onice\DOCUMENT12009\COUNTY PROPERTY\Clemtont Sprayfield PropertylSecond Amendment to Agreement 02-02-10 docx 1 Second Amendment to Agreement Between Lake County and City of Clermont Relating to the Clermont Sprayfield. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. CITY CITY OF CLERMONT, through its TOWN MANAGER Wa� unders This _,3 day of 04-4, , 2010. Appr• - ■ as ,t fot n ankh ga 1 . �J Da 'e . Man . . City Attorney COUNTY LAKE COUNTY through its CO&N j � NAER -1. I► » Sanford A. Minkoff Interitn County Manager This day of , 2010. Approved as to form and legality: Melanie Marsh Acting County Attorney \\BCCFSO1\share_dept\County Attorney Office\DOCUMEN1120091COUNPY PROPERTY\Clermont Sprayfield Property\Second Amendment to Agreement_02- 02- 10.docx 2 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 °4T53.2" 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. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: \\I3CCFS01\share_dept\County Attorney Oftice\DOCUMEN7\20091COUNTY PROPERTY\Clemiont Sprayfield Property\Second Amendment to Agreement_02 -02 -IO docx 3 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. t ' \\BCCFS01 \share dept \County Attorney Office \DOCUMEN \20091COUNTY PROPERTY\Clermont Sprayfield Property1Second Amendment to Ageement_02 -02 -10 doca 4