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% 1.-r} , '~unant, s.C 34719
"f his document prepared by:
Kristen L. Coons, Esq.
Florida Communities Trust
Department of Community Affairs
2~5~ Shumard Oak Blvd.
Tallahassee, FL 32399
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FLORIDA COMMUNITIES TRUST
FF7 AWARD #08-070-FF8
FCT Contract # 09-CT-Dl-o8-F8-A1-070
INLAND GROVES PHASE II
DECLARATION OF RESTRICTIVE COVENANTS
THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST
("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and
the CITY OF CLERMONT, a local government of the State of Florida ("Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the
proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as
described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), that are necessary to
ensure compliance with applicable Florida law and federal income tax law and to otherwise
implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes;
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a
non-regulatory agency within the Department of Community Affairs ("Department") that will assist
local governments in bringing into compliance and implementing the conservation, recreation and
open space, and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of twenty-two percent (22%), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit environmental organizations for the acquisition of community-based
projects, urban open spaces, parks and greenways to implement local comprehensive plans;
WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning
the interest on the Bonds is excluded from the gross income of bondholders for federal income tax
DRC\08-070-FF8
3/17/2009
purposes;
WHEREAS, Rule 9K-7.009(1), Florida Administrative Code ("F.A,C."), authorizes FCT to
impose conditions for funding on those FCT applicants whose projects have been selected for
funding;
WHEREAS, FCT has approved the terms under which the Project Site was acquired and the
deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants
and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall
contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of
the Internal Improvement Trust Fund ("Trustees") upon the failure of the Recipient to use the Project
Site acquired thereby for such purposes; and
WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient
for Project Costs.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and the Recipient do hereby contract and agree as follows:
PERIOD OF AGREEMENT
1. This Agreement shall begin upon execution by both parties. The covenants and
restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure
to, FCT and the Recipient and their respective successors and assigns.
II. MODIFICATION OF AGREEMENT
1. Either party may request modification of the provisions of this Agreement at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.
III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE
COVENANTS
1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be
recorded and filed in the official public records of Lake County, Florida, and in such manner and in
such other places as FCT may reasonably request. The Recipient shall pay all fees and charges
incurred in connection therewith.
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2. The Recipient and FCT agree that the State of Florida Department of Environmental
Protection shall forward this Agreement to the Department of Environmental Protection Bond
Counsel for review. In the event Bond Counsel opines that an amendment is required to this
Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized, FCT and
the Recipient shall amend the Agreement accordingly.
IV. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Agreement shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to the
addresses specified below. Any such notice shall be deemed received on the date of delivery if by
personal delivery or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Program Manager
Recipient: City of Clermont
685 West Montrose Street
Clermont, Florida 34711
ATTN: City Manager
2. In the event that a different representative or address is designated for paragraph 1.
above after execution of this Agreement, notice of the change shall be rendered to FCT as provided
in paragraph 1. above.
V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259,
CHAPTER 375 AND CHAPTER 380, PART III, FLA. STAT.
1. Any transfer of the Project Site shall be subj ect to the approval of FCT and FCT shall
enter into a new agreement with the transferee containing such covenants, clauses or other
restrictions as are sufficient to protect the interest of the State of Florida.
2. The interest acquired by the Recipient in the Project Site shall not serve as security for
any debt of the Recipient.
3. If the existence of the Recipient terminates for any reason, title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
DRC\08-070-FF8
3/17/2009 3
Management District who agrees to accept title and manage the Project Site.
4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or
any part thereof, is taken by any governmental body through the exercise or the threat of the exercise
of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any
condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project
Site in such manner as is consistent with the Agreement. FCT shall mike any such insurance
proceeds or condemnation award moneys available to provide funds for such restoration work. In
the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or
restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any
other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to
prevent the occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any
of the covenants and restrictions of this Agreement concerning the construction and operation of the
Project Site.
VI. MANAGEMENT OF PROJECT SITE
1. The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for compatible passive, natural resource-based
public outdoor recreation, along with other related uses necessary for the accomplishment of this
purpose. The proposed uses for the Project Site are specifically designated in the Management Plan
approved by FCT.
2. The Recipient shall ensure that the future land use designation assigned to the Project
Site is for a category dedicated to open space, conservation or outdoor recreation uses, as
appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall
be proposed at the next comprehensive plan amendment cycle available to the Recipient.
3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and approved comprehensive plan for the
jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
4. The Recipient shall, through its agents and employees, prevent the unauthorized use
of the Proj ect Site or any use thereof not in conformity with the Management Plan approved by FCT.
5. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
DRC\08-070-FF8
3/17/2009 4
6. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land
alterations shall require the written approval of FCT. The approvals required from FCT shall not be
unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings,
improvements, signs, vegetation removal or land alterations will not adversely impact the natural
resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the
items mentioned herein shall be considered written approval from FCT.
7. If archaeological and historic sites are located on the Project Site, the Recipient shall
comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior
written authorization has been obtained from the Department of State, Division of Historical
Resources.
8. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project
Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the
progress made on implementing the Management Plan.
VII. SPECIAL MANAGEMENT CONDITIONS
The Management Plan for the project site is mentioned throughout this Agreement, and is
particularly described in Section IV. above. In addition to the various conditions already
described in this Agreement, which apply to all sites acquired with FCT funds, the Management
Plan shall address the following conditions that are particular to the project site and result from
either representations made in the application that received scoring points or observations made
by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.:
1. The future land use and zoning designations of the project site shall be changed to
conservation, outdoor recreation, open space, or other similar category.
2. At least four recreational facilities such as a beach volleyball court, fishing pier, playground,
and picnic facilities shall be provided. The facilities shall be developed in a manner that allows
the general public reasonable access for observation and appreciation of the natural resources on
the project site without causing harm to those resources.
3. A nature trail of at least'/4 mile shall be provided on the project site.
4. The location and design of any parking facility shall be designed to have minimal impacts on
natural resources. The parking area shall incorporate pervious materials wherever feasible.
5. Bike racks shall be installed to provide an alternative to automobile transportation to the
project site.
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6. The project shall provide access facilities to Lake Minneola, such as a fishing pier.
7. A safe pedestrian sidewalk connection shall be provided between the project site and the
sidewalk network in the adjacent neighborhood.
8. "fhe trails on the project site shall connect to the Minneola-Clermont Scenic trail.
9. The development and management of the project site shall be coordinated with the agencies
managing the Minneola -Clermont Scenic Trail, to ensure the project site is managed as part of
a linked land-based trail system.
10.. Interpretive signs or kiosks shall be provided on the project site to educate visitors about the
natural environment or history of the area.
11. At least 12 regularly scheduled educational classes or programs shall be provided at the
project site per year. These programs shall promote the protection of environmental and historic
resources.
12. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the
entrance area of the project site. The sign shall acknowledge that the project site was purchased
with funds from the Florida Communities Trust Program and the Recipient.
13. The natural communities that occur on the project site shall be preserved and appropriately
managed to ensure the long-term viability of these communities.
14. The project site shall be managed in a manner that protects and enhances the listed and non-
listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed
species using the project site.
15. A vegetation analysis of the project site shall be performed to determine which areas need a
prescribed burning regime implemented to maintain natural fire-dependent vegetative
communities. The development of the prescribed burn program shall be coordinated the Division
of Forestry.
16. Exotic vegetation shall be removed from the project site.
17. An ongoing monitoring and control program for invasive vegetation including exotic (non-
native) and nuisance native plant species shall be implemented at the project site. The objective
of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The management plan shall reference
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3/17/2009
the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying
invasive exotics on the project site
18. A feral animal removal program shall be developed and implemented for the project site.
19. At least 8.1 acres of degraded uplands shall be planted with native vegetation.
20. At least 5.8 acres of degraded wetlands shall be planted with native vegetation.
21. Any proposed stormwater facility for the project site shall be designed to provide recreation
open space or wildlife habitat.
22. The quality of surface waters of the Clermont Chain of Lakes shall be improved by the
installation of drainage swales to treat stormwater runoff from County Road X61-A before it
enters Lake Minneola. The development of the stormwater facilities shall be coordinated with
the St. Johns River Water Management District.
23. A professional survey shall be conducted to determine the integrity and extent of the
prehistoric artifact scatter. The results of this survey shall be reviewed in conjunction with the
Division of Historical Resources to develop an appropriate protection plan for this historic
resource.
24. The project site shall be managed as an addition to Phase I of Inland Groves.
VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on
the Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same pertain to tax exempt bonds.
2. The Recipient agrees and acknowledges that the below listed transactions, events, and
circumstances, collectively referred to as the "disallowable activities,'' may be disallowed on the
Project Site as they may have negative legal and tax consequences under Florida law and federal
income tax law. The Recipient further agrees and acknowledges that these disallowable activities
may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private
Activity regulations of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to a governmental agency
or anon-governmental person or organization;
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3/17/2009
b. the operation of any concession on the Project Site by anon-governmental
person or organization;
c. any sales contract or option to buy or sell things attached to the Project Site to
be severed from the Project Site with anon-governmental person or
organization;
d. any use of the Project Site by anon-governmental person other than in such
person's capacity as a member of the general publid;
e. any change in the character or use of the Project Site from that use
expected at the date of the issuance of any series of''Bonds from which the
disbursement is to be made;
f. a management contract for the Project Site with anon-govemmental person or
organization; or
g. such other activity or interest as maybe specified from time to time in writing
by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as
provided for in paragraph III.1. above, at least sixty (60) calendar days in advance of any such
transactions, events or circumstances, and shall provide FCT such information as FCT reasonably
requests in order to evaluate for approval the legal and tax consequences of such disallowable
activities.
4. In the event that FCT determines at any time that the Recipient is engaging, or
allowing others to engage, in disallowable activities on the Project Site, the Recipient shall
immediately cease or cause the cessation of the disallowable activities upon receipt of written notice
from FCT. In addition to all other rights and remedies at law or inequity, FCT shall have the right to
seek temporary and permanent injunctions against the Recipient for any disallowable activities on the
Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND
OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL
PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY
RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING
BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY
THE CONTRACTING PARTY.
IX. RECORDKEEPING; AUDIT REQUIREMENTS
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1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure
of funds under this Agreement. These records shall be available at all reasonable times for
inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT.
"Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient mint have a State single or
prof ect-specific audit for such fiscal year in accordance with Section 215.97 Fla. Stat., the applicable
rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local
government entities) or Chapter 10.650 (nonprofit organizations), Rules ofthe Auditor General. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance, including State funds received from FCT, other state agencies
and other non-state entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a non-state entity for Federal program matching
requirements. The funding for this Agreement was received by FCT as a grant appropriation.
In connection with the audit requirements addressed herein, the Recipient skull ensure that the audit
complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not
required. If the Recipient elects to have an audit conducted in accordance with the provisions of
Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters, the Recipient's
response to all findings, including corrective actions to be taken, and a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
agreement number. Copies of financial reporting packages required under this Article shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
DRC\08-070-FF8
3/17/2009 g
- __
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
State of Florida Auditor General at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
5. If the audit shows that any portion of the funds disbursed he eunder were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the apllicable regulations and
Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Agreement for a period of five years after the date
of submission of the final expenditures report. However, if litigation or an audit has been initiated
prior to the expiration of the five-year period, the records shall be retained until the litigation or audit
findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Fla. Stat. performed by an independent certified public accountant ("IPA") who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
X. DEFAULT; REMEDIES; TERMINATION
1. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient
shall be notified of the violation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure the violation or
complete curing activities within thirty (30) days after receipt of notice of the violation. Ifthe curing
activities can not be reasonably completed within the specified thirty (30) day time frame, the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of the current activity, the reasons for the delay and a time frame for the completion of the curing
activities. FCT shall submit a written response within thirty (30) days of receipt of the request and
approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be
completed within one hundred twenty (120) days of the Recipient's notification of the violation.
However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater
DRC\08-070-FF8
3/17/2009 10
extension of time to complete the activities, FCT shall give the request due consideration. If the
Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the
time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the
Proj ect Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
Management District, who agrees to accept title and manage the Project Site. FCT shall treat such
property in accordance with Section 380.508(4)(e), Fla. Stat.
XI. STANDARD CONDITIONS
1. This Agreement shall be construed under the laws of the Sti~te of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, ten such provision shall
be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate
any other provision of this Agreement.
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for
any further or subsequent default by the Recipient.
3. The Recipient agrees to comply with the Americans With (Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which pro~ibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit q bid on a contract with a
public entity for the construction or repair of a public building or public wo'~k, may not submit lease
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
5. No funds or other resources received from FCT in connection with this Agreement
maybe used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
This Agreement including Exhibit "A" embodies the entire agreement between the parties.
DRC\08-070-FF8
3/17/2009 71
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
Witness:
~~~
Print Name: ~ LK~ ~ • ~
~:-1-~ C~ e ~ I~--
CITY OF CLERMONT, a local government
of the State of Florida
roll S, ~f~r~il'le ~Y~~~
i
Print Name:
STATE OF FLORIDA
COUNTY OF LAKE
Date: ~'YlA~ch Z~ , l~[~
Approv as t6 and Legali~:
By:
Print ame • ~ A ' ~. ' n
The foregoin instrument was acknowledged before me thi daylof ~G r L ,
2009, by ~ rC~ fC S ~ j wry / ~/~ as !'Rte d ~ ! of City of Clermont,
on behalf of the Local Government, and who is ~ sonally kn n to me.
~~~~~
N ary Pubh
PrintNam/lE Qf~p/l/
Commission No.
My Commission Expires: /p o16 o1Dl~
....,..
JANE
,,i~~'`1~'~°•~: WARREN
*~ +~ M COMMISSION at DD 609133
~~ .,, ~~~ XPIRES; October 26, 2010
~,~ 1'hN Notary Pup4c UnderwMers
DRC\08-070-FF8
3/17/2009 12
Witness:
Print ame: / /
~ Sitc
Print Name:
STATE OF FLORIDA
FLORIDA COMMUNITIES TRUST
By: ~~~•••
Ken Reecy, Community rogram Manager
Florida Communitiles Trust
Date: ~ ~? "~
Approve as to Form and Legality:
By: ~J-
Kristen L. Coons, 'rust Counsel
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ~ day of ~ ,
2009, by Ken Reecy, Community Program Manager, Florida Communities Trust. He is personally
known to me.
Notar~Public ~~~~~~»~~UI1111~~~~~
Print Name: ~\~~ `(L E ~/ ~//~
Commissio o.. ' ~o~r,m;ss,~ ' ,.Q
ti
My Comm~i ~pires:-a+q • ~,,%
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DRC\08-070-FF8
3/17/2009 13
EXHIBIT A
The North One-Half (1/2) of the following described property, to wit:
The East '/2 of Government Lot 3, ALSO DESCRIBED as the East '/2 of the West '/2 of the SW '/4
Section 14, Township 22 South, Range 25 East, LESS AND EXCEPT: From an iron pipe set in
concrete on the West line of Section 14, Township 22 South, Range 25 East, Lake County, Florida,
and lying 33 feet South of the center line of State Road 561-A, run thence S~,outh along said Section
line 910.66 feet, thence North 89 degrees 36 minutes 22.5 seconds, East 96.36 feet to a concrete
monument at the Point of Beginning, thence run South 49 degrees Fifteen minutes thirty-four
seconds East 143.37 feet, thence run South 25 degrees 20 minutes 19 seconds East 82.74 feet, thence
run South 47 degrees 46 minutes 19 seconds East 138.47 feet, thence run S~'uth 1 degree 23 minutes
39 seconds East 131.52 feet, thence run South 25 degrees 32 minutes 4 seconds West 137.76 feet,
thence run South 1 degree 18 minutes 56 seconds West 169.01 feet thence ~'un South 52 degrees 28
minutes East 73.24 feet, thence run South 41 degrees 18 minutes 48 second East 53.33 feet, thence
run South 47 degrees 46 minutes 15 seconds East 73 feet, more or less, to a~ omt on the East line of
Government Lot 3 in said Section 14, thence run Northerly to the N rtheast corner of said
Government Lot 3, thence run Westerly to the Point of Beginning, all in ~aectionl4, Township 22
South, Range 25 East, Lake County, Florida.
AND ALSO:
The North One-Half (1/2) of the following described property, to wit:
PARCEL NO. 1: Government Lot 1, Government Lot 2 lying South of the rahlroad, Government Lots
4 and 5 LESS: From the intersection of the East right of way of the Atlantic Coast Line Railroad with
the mid-section line run Southeasterly along the right of way 1000 feet for the Point of Beginning,
thence run East to the lake, thence return to the Point of Beginning, and run Southeasterly along the
right of way to the South line of Government Lot 5, thence run East to the lake, thence run
Northwesterly along the lake to intersect the first line, and LESS that part of the South 240 feet of
Government Lot 5 bounded on the East by the West line of the CSX Railroad right of way, bounced
on the South by the North edge of the waters of the Palatlakaha River, and bounded on the West by
the Easterly shore of the waters of Lake Hiawatha for road right of way, all ~n Section 14, Township
22 South, P.ange 25 East, Lake County, Florida.
PARCEL NO. 2: From an iron pipe set in concrete on the West line of Slection 14, Township 22
South, Range 25 East, Lake County, Florida and lying 33 feet South of the tenter line of State Road
No. 561-A, run thence Sought along said Section line 910.66 feet, thence North 89 degrees 36
minutes 22.5 seconds East 986.36 feet to a concrete monument at the Point of Beginning, run thence
South 49 degrees 15 minutes 34 seconds East 143.37 feet, thence South' 1 degree 23 minutes 39
seconds East 131.52 feet, thence South 25 degrees 32 minutes 4 seconds West 137.76 feet, thence
South 1 degree 18 minutes 56 seconds West 169.01 feet, thence South 52 degrees 28 minutes East
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73.24, thence South 41 degrees 18 minutes 48 seconds East 53.33 feet, thence South 47 degrees 46
minutes 15 seconds East 73 feet, more or less, to a point on the East line of Government Lot 3 in said
Section 14, thence Northerly to the Northeast corner of Government Lot 3, thence Westerly to the
Point of Beginning.
PARCEL NO.3: From the intersection of the East right of way of the Atlarutic Coast Line Railroad
with the mid-section line run Southeasterly along the right of way 100b feet for the Point of
Beginning, thence run East to the lake, thence return to the Point of Beginnir~~g and run Southeasterly,
along the right of way to the South line of Government Lot 5, thence run East to the lake, thence run
Northwesterly along the lake to intersect the first line, all in Section 14, Township 22 South, Range
25 East, Lake County, Florida.
END OF LEGAL DESCRIPTION
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