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HomeMy WebLinkAboutIII(C) Approval and Authorization of the Beltway Mitigation Project. Agenda 7-16-2002 Item III C FOLEY : LARDNER ATTORNEYS A T L A W 111 NORTH ORANGE AVENUE,SUITE 1800 ORLANDO,FLORIDA 328012386 P.0.BOX 2193 ORLANDO,FLORIDA 328022193 TELEPHONE:407.423.7656 FACSIMILE:407.648.1743 WWW.FOLEYLARDNER.COM MEMORANDUM CLIENT-MATTER NUMBER 020377-0552 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney0' " THROUGH: Paul E. Rosenthal, City Attorney DATE: June 21, 2002 RE: St. Johns River Water Management District: Beltway Mitigation Project Attached are two original Purchase Agreements which have been executed by Champlin and Patricia Buck for the sale of their 52.5 acres of property within the Crown Point Conservation Area. The property appraised at $46,500.00. The Bucks have agreed to sell their property to the City of Ocoee for its appraised value. This Purchase Agreement is subject to a survey, the conveyance of clear title, and an environmental assessment. Upon approval by the City Commission, the Purchase Agreement will then be sent to the St. Johns River Water Management District Board for their approval. The closing date provided for in the agreement is ninety days after the St. Johns River Water Management District approval date, or fourteen days after written notice from the City that it is prepared to close. RECOMMENDATION: It is recommended that the City Commission approve the Purchase Agreement and forward same to St. Johns River Water Management District for approval. Upon approval by the St. Johns River Water Management District, it is recommended that City staff and the Mayor be authorized to execute all documents to proceed to closing. cc: Jim Gleason Russell Wagner FOLEY& LARDNER 006.260569.1 PURCHASE AGREEMENT This Purchase Agreement (the "Agreement") is made and entered into this day of 2002 (the "Effective Date") by and between CHAMPLIN BUCK and PATRICIA BUCK, whose address is 5205 Red Wing Drive, Alexandria, Virginia 22312 (hereinafter referred to as the "Seller"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 32761 (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Seller is the owner of fee simple title to certain real property located in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, the City is a Florida municipal corporation which is authorized to purchase real property pursuant to Chapter 166, Florida Statutes; and WHEREAS, the parties agree that this Agreement and the conveyance of the Property shall occur under the threat of condemnation; and WHEREAS, Seller, under threat of condemnation, has agreed to sell the Property to the City, and the City has agreed to purchase the Property, together with any and all improvements, structures, fixtures and appurtenances thereto on the terms and conditions stated below; and WHEREAS, the City has entered into a Participation Agreement with the St. Johns River Water Management District dated January 25, 2001 (the "Participation Agreement") 006.258031.1 establishing a program for the joint acquisition and management of individual parcels within the Crown Point Conservation Area; and WHEREAS, the Property lies within said conservation area and the City anticipates receiving the funding for the closing contemplated under this Agreement from the St. Johns River Water Management District pursuant to the terms and conditions of the Participation Agreement; and WHEREAS, the City intends, at closing, to place a conservation easement over the Property containing such terms and conditions as may be agreed to by the City and the St. Johns River Water Management District. NOW, THEREFORE, in consideration of the promises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. The Purchase — The Property. Seller, under threat of condemnation, agrees to sell and the City agrees to purchase, for the purchase price and on the terms and conditions herein set forth, the Property, together with all tenements, hereditaments, riparian rights, improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining thereto and all of the Seller's right, title, and interest therein. The Seller shall convey to the City marketable, fee simple title to the Property by general warranty deed free and clear of all liens, mortgages and encumbrances, except for restrictions, reservations and easements of record, if any. The instrument of conveyance shall transfer all of Seller's interest in and to all riparian 2 006.258031.1 rights, improvements, fixtures, easements, trees, shrubbery, rights-of-way, tenements and appurtenances belonging or appertaining to the Property, including without limitation of the foregoing, all right, title and interest of Seller in and to any land lying in the bed of any street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated). 3. Survey and Legal Description. (a) Within thirty (30) days following the Effective Date the City shall obtain, at the City's expense, a boundary survey of that portion of the Property in accordance with the Minimum Technical Standards for Surveys in the State of Florida (Chapter 61G17-6, Florida Administrative Code) and in accordance with the City's survey standards (hereinafter referred to as the "Survey"). The Survey shall include a certification of the total gross acres within the Property. The Survey shall show all easements, encroachments or overlaps on the Property, and all matters affecting title which are capable of being shown on a survey and are set forth in Schedule B-2 of the Title Commitment (as hereinafter defined). The Survey shall also show the relationship of the Property to any adjacent parcels owned by Seller and the location of ingress and egress to the Property. The Survey shall be accompanied by a surveyor's certificate in a form reasonably acceptable to City and the title company. (b) Within fifteen (15) days from City's receipt of the Title Commitment (as defined below) and the Survey, City (or City's counsel) shall deliver to Seller (or Seller's counsel): (i) two (2) sealed originals of the Survey, and, if applicable, (ii) a letter from City (or City's counsel) notifying Seller of any overlaps, encroachments, violations of contract covenants or other adverse matters revealed by the Survey (hereinafter referred to as "Survey Objections"). 3 006.258031.1 (c) If City raises any Survey Objections, then Seller shall, at Seller's expense, undertake reasonable and diligent efforts to cure any such Survey Objections within thirty (30) days after receipt of the Survey and the written notice of Survey Objections (the "Survey Objection Notice"). In the event Seller cures any such Survey Objections within said thirty (30) day period (the "Survey Curative Period"), then the transaction shall be closed on the later of (i) the Closing Date, or (ii) thirty (30) days after written notice from Seller to City correctly stating that such survey defects have been removed (the "Survey Objection Cure Notice") and receipt by City of a revised Survey, which does not show such survey defects which gave rise to the Survey Objections, such revised Survey to be prepared within twenty (20) days following receipt by City of the Survey Objection Cure Notice, at City's expense, by the surveyor who prepared the Survey. If, after the exercise of reasonable efforts and diligence and upon the expiration of the Survey Cure Period, Seller shall be unable to cure all of such Survey Objections, then City shall have the option to either (i) terminate this Agreement, or (ii) waive such Survey Objections and proceed to close on the Property, accepting title to the Property as it then is and without setoff or reduction in the Purchase Price. In the event City shall elect to terminate because of uncured Survey Objections, then the parties hereto shall thereafter be relieved of all rights and obligations hereunder, except for those rights and obligations which expressly survive the termination of this Agreement. (d) The legal description (or legal descriptions) of the Property as set forth on the Survey shall be utilized in the Title Commitment, Title Policy, General Warranty Deed and all other closing documents. 4 006.258031.1 (e) The Survey shall be certified to the Seller, Seller's counsel, the City, City's counsel, the St. Johns River Water Management District, the title company, and such other entities as may be requested by City. 4. Evidence of Title. (a) Within twenty (20) days after receipt of the Survey, the City shall obtain an owner's title insurance commitment (the "Title Commitment") in the amount of the Purchase Price for an owner's title insurance policy (ALTA Form B) (the "Title Policy") showing good and marketable fee simple title to the Property vested in the Seller, subject only to those matters expressly set forth in this Agreement and such other matters as may be agreed to by City. The Title Commitment shall include copies of all exceptions of record noted therein. The cost of the Title Commitment, Title Policy and any title searches or status of title reports/certificates and updates associated therewith shall be paid by City. (b) Within fifteen (15) days from City's receipt of the Title Commitment and the Survey, City (or City's counsel) shall deliver to Seller (or Seller's counsel) (i) a copy of the Title Commitment, and, if applicable, (ii) a letter from City (or City's counsel) notifying Seller of any title defects and/or title matters which are not acceptable to City (hereinafter referred to as "Title Objections"). Without limiting City's rights contained herein, in case of a lien or encumbrance on any portion of the Property which at the time of the Closing is a liquidated amount, Seller covenants and agrees, at City's request, to remove such lien or encumbrance at the Closing so that the applicable interest in the Property will be conveyed to City free and clear of same and in such event said liens and encumbrances shall not constitute a Title Objections. 5 006.258031.1 (c) If City raises any Title Objections, then Seller shall, at Seller's expense, undertake reasonable and diligent efforts to cure and remove any such Title Objections within thirty (30) days after receipt of the Title Commitment and written notice of Title Objections (the "Title Curative Period"). In the event Seller cures and removes any such Title Objections as aforesaid within the Title Curative Period, then the transaction shall be closed on the later of (i) the Closing Date, or (ii) thirty (30) days after written notice (the "Title Objection Cure Notice") from Seller to City correctly stating that such Title Objections have been cured and removed and receipt by City of an endorsement to the Title Commitment removing as title exceptions those matters on which the Title Objections were based, which endorsement shall be procured by City within ten (10) days following receipt of the Title Objection Cure Notice. If, after the exercise of reasonable efforts and due diligence and upon the expiration of the Title Cure Period, the Seller has not cured and removed any such Title Objections and City has not received the aforementioned endorsement to the Title Commitment, then City shall have the option to either (i) terminate this Agreement, or (ii) waive such Title Objections and proceed to close on the Property, accepting title to the Property as it then is and without setoff or reduction in the Purchase Price. In the event the City shall elect to terminate because of an uncured or uncurable Title Objection, then the parties hereto shall thereafter be relieved of all rights and obligations hereunder, except for those rights and obligations which expressly survive the termination of this Agreement. (d) The Title Commitment shall be endorsed or "marked-up" at the Closing so as to show title to the Property in City as required herein. Upon the Closing and recording of the deed to City, the Title Policy shall be issued pursuant to the Title Commitment and delivered 6 006.258031.1 to City so as to show title in City as required herein. Upon execution by Seller, at Closing, of the Affidavit required by the title company and completion of the Survey, the "standard exceptions" to the Title Policy shall be deleted, except for matters actually shown on the Survey. 5. Investigation of Property; Right of Access. (a) From the Effective Date hereof through the Closing Date (the "Investigative Period"), City through its agents, contractors, consultants and employees, will be authorized to enter upon the Property, and upon contiguous lands owned by Seller, for the purpose of access to the Property, in order to conduct on the Property scientific investigations, the installation of monitoring wells, environmental assessment audits, surveying, the taking of soil borings and soil samples, the taking of water samples from existing wells, geophysical investigations, the testing of tanks, and conducting such other investigations, inquiries and testing as City may deem appropriate; provided, that any such agents, contractors, consultants or employees of City shall give reasonable advance notice to Seller and shall be responsible to close and lock any gates through which they pass in the exercise of such right of entry. Any boring holes made by the City shall be properly filled and packed to the surrounding earth level by the City. In the exercise of its rights pursuant to this Paragraph, City, its agents, contractors, consultants and employees will not unreasonably interfere with the operation of Seller's activities on the Property. (b) City further agrees, to the extent permitted by law, to assume all risks involved and to be fully responsible for the safety of its agents, contractors, consultants and employees, hereby releasing, saving and discharging Seller, its successors and assigns, from any and all 7 006.258031.1 claims and demands of whatever nature, whether for personal injury or death of employees or loss of or damage to personal property. The indemnities provided by this paragraph shall be limited by applicable law and shall survive the termination of this Agreement. (c) In the event City is not satisfied with any matters discovered during the Investigative Period, then in such event City may, in City's sole discretion, elect to terminate this Agreement by furnishing written notice thereof to Seller prior to the expiration of the Investigative Period and in such event the parties hereto shall thereafter be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the termination of this Agreement. 6. Purchase Price. The Purchase Price for the Property shall be FORTY-SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($46,500.00) (the "Purchase Price"). It is expressly agreed by Seller that the Purchase Price is an amount negotiated by the parties under threat of condemnation and: (a) constitutes full compensation to the Seller for the value of the Property; and (b) includes full compensation to the Seller for all trees, shrubbery and other improvements on the Property, all of which may be removed by the City; and (c) includes compensation and reimbursement to the Seller for all costs and expenses incurred or to be incurred incident to this Agreement and the closing hereof. 7. Closing Costs; Tax Proration. (a) The City shall pay all closing costs associated with this Agreement, including all recording fees and documentary stamp taxes relating to or resulting from the transfer of title to the City of the Property. Real property taxes in connection with the conveyance of the Property shall be prorated as of the day of the acceptance of the conveyance by the City and 8 006.258031.1 the prorated amount shall be paid by the Seller and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes. Notwithstanding the foregoing, if the Closing occurs between November 1 and December 31, then Seller shall pay all ad valorem taxes for the entire year of the Closing. (b) Pursuant to Section 12B-4.013(4), Florida Administrative Code, the Buyer hereby determines and gives written notice to Seller that Buyer has decided to acquire the Property and that Buyer is prepared to institute condemnation proceedings to acquire the Property in the event Seller does not agree to sell the Property to Buyer in accordance with the terms and conditions of this Agreement. This paragraph is included for the purpose of documenting that the conveyance of the Property is to be made by Seller to Buyer under threat of condemnation and that the conveyance is not subject to the Florida documentary stamp tax. If it should later be determined that any documentary stamp tax is due on the transaction, then such cost shall be paid by the Seller; provided, however, that Seller shall have the right to appeal such a determination at its own cost and expense. (c) Each party shall bear its own legal expenses in connection with the negotiation of this Agreement and the Closing hereunder. 8. Closing. Subject to the provisions and conditions herein contained (including those in Paragraphs 3 and 4), this transaction shall be closed and the deeds and other closing papers delivered (the "Closing") at 10:00 a.m. on the date which is the earlier of: (i) ninety (90) days after the SJRWMD Approval Date (as defined below); or (ii) fourteen (14) days after written notice from City to Seller that City is prepared to close. Closing of title for the 9 006.258031.1 Property shall take place at the offices of Foley & Lardner (the "Closing Agent"), 111 North Orange Avenue, Suite 1800, Orlando, Florida; provided, however, that the either party hereto may elect to conduct the closing as a "mail away" provided that all executed closing documents are received by the Closing Agent no later than 11:00 a.m. on the Closing Date. The City's legal counsel shall be responsible for the preparation of all closing documents, at the City's expense. 9. Broker. (a) The Seller represents and warrants to the City that it is not aware of any person or entity which would be entitled to a commission, compensation or brokerage fee for the bringing about of this transaction or the consummation hereof. Seller agrees to indemnify and to hold City harmless from any such commissions, fees or compensation which may be claimed to be due through the Seller or pursuant to the acts of Seller or Seller's representatives. Seller further covenants and agrees to indemnify City for damages, court costs and reasonable attorneys' fees and paralegal fees, at both the trial and appellate levels, incurred as a result of any such claim. (b) The City represents and warrants to Seller that it is not aware of any person or entity which would be entitled to a commission, compensation or brokerage fee for the bringing about of this transaction or the consummation hereof. To the extent permitted by law, City agrees to indemnify and to hold Seller harmless from any such commissions, fees or compensation which may be claimed to be due through the City or pursuant to the acts of City or City's representatives. To the extent permitted by law, City further covenants and agrees to 10 006.258031.1 indemnify Seller for damages, court costs and reasonable attorneys' fees and paralegal fees, at both the trial and appellate levels, incurred as a result of any such claim. (c) The provisions of this paragraph shall survive the termination of this Agreement. 10. Additional Documentation. In connection with the conveyance of the Property the Seller shall execute such closing documents as may reasonably be required by the City, including but not limited to a standard form no-lien affidavit, a non-foreign certification, and a closing statement. 11. Further Documentation. The parties agree that at anytime following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. The provisions of this paragraph shall survive the closing. 12. Default. (a) In the event of a default by either party hereunder it is agreed that the exclusive remedies for such default shall be for the non-defaulting party to either: (1) terminate this Agreement whereupon the parties hereto shall thereafter be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the termination of this Agreement, or (2) seek and obtain specific performance of this Agreement. 11 006.258031.1 (b) IT IS SPECIFICALLY AGREED BETWEEN THE PARTIES THAT NEITHER PARTY WILL HAVE A CLAIM FOR DAMAGES AGAINST THE OTHER PARTY IN THE EVENT OF A DEFAULT BY THE OTHER PARTY. (c) Prior to either party declaring the other party in default hereunder, it is agreed that the non-defaulting party shall give written notice to the defaulting party setting forth with specificity the alleged default and the defaulting party shall thereafter have twenty (20) days to cure any such default; provided, however, that no notice shall be required to declare a default based upon the failure to close on the Closing Date. 13. Negotiated Price to be Without Prejudice. The Purchase Price specified herein was negotiated by the parties on the basis of a total price for the Property and shall be without prejudice to any party, and inadmissible in any court proceedings which might hereinafter be brought if the City for any reason does not acquire the Property pursuant to the terms herein contained. The provisions of this paragraph shall survive the termination of this Agreement. 14. Notices. All notices, consents, approvals, waivers and elections which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently made or given (i) when mailed by certified mail, postage prepaid, return receipt requested, (ii) by hand delivery to the named individuals representing the party to be notified, or (iii) by private parcel delivery services, or facsimile transmission for which receipt is provided to the notifying party. Notices, including notice of change of address, shall be addressed or transmitted to the addresses set forth below or such other address that a party may designate in the manner prescribed herein: 12 006.258031.1 AS TO SELLER: Champlin & Patricia Buck 5205 Red Wing Drive Alexandria, Virginia, 22312 With a copy to: AS TO CITY: City of Ocoee Attn: Russ Wagner, Director of Planning 150 North Lakeshore Drive Ocoee, Florida 32761 (Telephone: (407) 905-3100) (Fax: (407) 656-8504) With a copy to: Paul E. Rosenthal, Esq. Foley & Lardner 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 (Telephone: (407) 423-7656) (Fax: (407) 648-1743) 15. Non-Waiver of Sovereign Immunity. Nothing contained in this Agreement or in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the City of its sovereign immunity under the constitution and laws of the State of Florida; provided, however, that this paragraph shall not be construed as an attempt by the City to negate any partial waiver of sovereign immunity made by the Legislature under the provisions of The Tort Claims Act, Section 768.28, Florida Statutes or any future statute or Act adopted by the Florida Legislature 13 006.258031.1 16. Time of Essence. Time is of the essence for this Agreement and in the performance of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied by the parties hereto. 17. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 18. Applicable Law; Attorneys' Fees. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees, and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, and the right to such reasonable attorneys' fees, paralegal fees, and costs shall be deemed to have accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 19. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other party merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Seller and City have contributed substantially and materially to the preparation hereof. 20. Counterparts; Facsimile Copies. This Agreement and any amendments to this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same 14 006.258031.1 instrument. Facsimile copies of this Agreement and any amendments to this Agreement and any signatures thereon shall be considered for all purposes as originals, provided that each of the parties hereto delivers an executed counterpart original of this Agreement and any amendments to this Agreement to the other party by hand delivery or overnight courier within three (3) business day after the date of execution of the facsimile copy of this Agreement and any amendments to this Agreement. 21. Disclosure of Beneficial Interest. Contemporaneous with the execution of this Agreement, Seller shall deliver to the City a public disclosure of its beneficial ownership which shall comply with the requirements set forth in Section 286.23, Florida Statutes. This Agreement constitutes a written notice from the City to Seller requesting the foregoing disclosure and informing Seller that such disclosure must be made under oath, subject to the penalties prescribed for perjury. 22. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective legal representatives, successors, heirs and assigns. This Agreement may not be assigned by either party without the consent of the other party. 23. Time for Acceptance. The Seller is irrevocably executing this Agreement prior to approval by the City; provided, however, that in the event the City does not approve and execute this Agreement on or before 30 , 2002, then the Seller's execution hereof shall be automatically terminated and the City shall immediately return to the Seller the executed originals hereof. 15 006.258031.1 24. Radon Gas. Pursuant to the provisions of Section 404.056(8), Florida Statutes, Seller hereby notifies City as follows with respect to the Property: "Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." 25. Effective Date. The Effective Date of this Agreement shall be the date that it is executed by the City and such date shall be inserted on the front page of this Agreement. 26. St. Johns River Water Management District Approval. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS AGREEMENT SHALL NOT BE A VALID AND ENFORCEABLE OBLIGATION OF CITY UNLESS: (I) THIS AGREEMENT IS APPROVED BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT WITHIN FORTY-FIVE (45) DAYS OF THE EFFECTIVE DATE AND CITY DELIVERS TO SELLER WRITTEN NOTICE OF SUCH APPROVAL (THE "SJRWMD APPROVAL DATE"); AND (II) THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT PROVIDES THE FUNDING NECESSARY TO CLOSE TO THE CITY OF OCOEE PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICIPATION AGREEMENT. IF CITY DOES NOT DELIVER TO SELLER NOTICE OF SUCH APPROVAL BY THE SJRWMD APPROVAL DATE OR RECEIVE FUNDS FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT IN ORDER TO CLOSE, THEN THIS AGREEMENT SHALL BE AUTOMATICALLY TERMINATED 16 006.258031.1 AND THE PARTIES HERETO SHALL THEREAFTER BE RELIEVED OF ALL FURTHER RIGHTS AND OBLIGATIONS HEREUNDER, EXCEPT FOR THOSE RIGHTS AND OBLIGATIONS WHICH EXPRESSLY SURVIVE THE TERMINATION OF THIS AGREEMENT. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to become effective as of the date and year first above written. Signed, sealed and delivered in the presence of: SELLER: rd.) By: �-�' _J., .tw_ t.,�._. Champli Buck By: Poartk:ua) . C9.1CVu Patricia Buck asd„� fq tefro..".0 44— 17 006.258031.1 Signed, sealed and delivered CITY: in the presence of: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift Mayor Attest: Jean Grafton City Clerk [AFFIX SEAL] Executed on: , 2002 For use and reliance only by the City of APPROVED BY THE OCOEE CITY Ocoee, Florida. Approved as to form and COMMISSION AT A MEETING legality this day of HELD ON 2002. 2002 UNDER AGENDA ITEM NO. Foley & Lardner By: City Attorney 18 006.258031.1 Exhibit "A" Parcel 1 (01-22-27-0000-00-007) S 25 ACRES OF GOVT LOT 3 IN SEC 01-22-27 (LESS BEG SE COR RUN N 198 FT W 638.22 FT S 198 FT E TO POB). Parcel 2 (01-22-27-0000-00-008) BEG ON N LINE OF S 25 ACRES OF GOVT LOT 4 & W LINE OF SEC 1 RUN TH E 2640 FT M/L TO E LINE OF GOVT LOT 3 TH N TO A PT 904.86 FT N OF S LINE OF SEC W 2640 FT M/L S TO POB IN SEC 01-22-27. Parcel 3 (01-22-27-000-00-009) S 25 ACRES OF GOVT LOT 4 IN SEC 01-22-27. 19 006.258031.1