Loading...
CLEARWATER GAS SYSTEM - DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE CLEARWATER GAS SYSTEM/CITY OF CLEARWATER DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE This Agreement is entered into this 2nd day of December 2004, between Clearwater Gas System, a department of the City of Clearwater, Florida a municipal corporation organized and existing under the laws of the State of Florida, hereinafter called the "CGS" and, CONNERTON LLC hereinafter called the "DEVELOPER". RECITALS WHEREAS, DEVELOPER represents that it is constructing for sale, among other things, approximately Six Thousand (6,000) attached and detached single-family residential homes and associated common facilities (the "Project") in a Development of Regional Impact (DR!) located in parcels Village Area 1,2,3 & 4 to be known as Connerton, located in portions of Township 25, Ranges 18 & 19 and as will be recorded in the Official Records of Pasco County, Florida, as attached hereto and incorporated herein as Exhibit "A", describing the boundaries of the Project by legal description as created and provided by the DEVELOPER; and WHEREAS, DEVELOPER, for itself and on behalf of the future owners of residences in the Project, desires to have natural gas service available within the Project; and WHEREAS, CGS desires to install a natural gas distribution system within the Project subject to the amendment to various agreements as provided for below, and the completion and final approval of CGS's feasibility report, and DEVELOPER has agreed to permit CGS to install such a system within the Project, pursuant to the terms and conditions hereinafter set forth. CGS understands that this Project may be built in multiple phases, (singularly "Phase", or collectively "Phases"), each of which will be subject to CGS's feasibility requirements. In line with each Phase meeting CGS's feasibility requirements, the Project as a whole, must meet CGS's feasibility requirements. In addition to any other remedies provided for herein, CGS reserves the right, in its sole discretion, to proceed with each Phase as each Phase is approved as to feasibility; and WHEREAS, the Parties hereto agree that this Agreement and CGS installing and servicing the Project as contemplated hereunder is wholly contingent upon an amendment to that certain territorial agreement between Peoples Gas System ("Peoples") and CGS, dated May 1995, ordered by the Florida Public Service Commission, allowing CGS to enter upon and service a portion of the Pasco County territory (including the subject parcel), previously awarded to Peoples, in conjunction with the execution of a proposed Gas Supply Agreement, to be executed more or less simultaneously herewith, between Peoples and CGS, which will provide for gas supply to the Project. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CGS and DEVELOPER hereby agree as follows. 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Gas Distribution System. 2.1 Installation of Gas Distribution System. CGS agrees to install a natural gas distribution system within the Project, including all necessary distribution lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas service up to the meter of each residence constructed during the term of this Agreement as a Gas Compliant Residence in conformity with Section 2. The System does not include any facilities past the meter and CGS has no obligation to install or maintain such "behind the meter" facilities. 2.2 Preparation for Installation and Easements. DEVELOPER represents that it owns and has legal title to the real property on which the Project will be constructed and has the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and subcontractors adequate physical and legal access including recorded, assignable non- exclusive easements and/or rights of way to all areas of the Project reasonably necessary for the installation, operation, maintenance, repair and replacement of the System. DEVELOPER reserves the right to relocate any easement made available hereunder if necessary for the development of the Project, provided that construction of the portion of the System subject to such revised easements has not yet been commenced, and suitable easements and access for the System to all portions of the Project are maintained and provided. In the event that DEVELOPER desires to modify any easement relating to any portion of the System after installation, then DEVELOPER must obtain CGS' s advance written consent to any easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse CGS for design, materials, construction and other costs associated with any relocation of the System and shall provide reasonably acceptable substitute easements. 2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with respect to the construction of the System and to use commercially reasonable efforts to minimize interference with DEVELOPER'S construction of the Project. If so requested, CGS shall furnish System plans to DEVELOPER. DEVELOPER agrees to establish and manage a Project construction schedule that provides CGS with sufficient time and access to construct the System within the Project. CGS agrees to do all in its power to install the gas mains and service lines so as not to interfere with the construction schedule. 2.4 Ownership of Gas Distribution System. The System to the service/supply side of each gas meter (including each meter) shall remain the exclusive property of CGS at all times during and following the expiration or earlier termination of this Agreement. CGS' s operation of the System is not governed by the terms of this Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater's Code of Ordinances and the requirements of applicable regulations and laws. In the event the System is no longer required to serve the Project or any part thereof, CGS may at its election remove any portion or all components of the System, purge and cap any components to be left in place, and restore any disrupted surface areas of the Project. 2.5 Alternate Gas Service. In the event that CGS, in its sole determination, is unable to connect the System to CGS's existing gas mains at such time as the System has been completed, CGS shall have the right to make natural gas available for the System by transporting compressed natural gas to the site of the Project, until such connection can be made. DEVELOPER agrees to make available to CGS, at no charge, suitable area in the Project for the equipment necessary to provide the compressed natural gas. CGS will also, if necessary, make available a LP block system until a system connection can be made and to convert at CGS expense necessary appliances once natural gas is available. 2.6 Excess Flow Valve. DEVELOPER hereby acknowledges that CGS has notified DEVELOPER that CGS will make available, as part of a new service installation, at the Project an "excess flow valve" that meets the requirements of Title 49 CFR, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards, Section 192.381. An excess flow valve is a safety device that is designed to shut off the flow of natural gas by closing automatically if gas flow exceeds the design limits of the service line. The main cause of such flow is damage to the service line by a third party excavator. Use of excess flow valves may prevent incidents caused by such damage. An excess flow valve will only be installed by CGS on new service lines in the System during the construction Phase at the request of DEVELOPER; installation of excess flow valves will be done at DEVELOPER'S election and sole expense. In the event DEVELOPER elects to have excess flow valves installed in the System, DEVELOPER agrees to pay CGS an installation fee of One Hundred Dollars ($100) per valve installed in the System which shall be payable to CGS upon receipt of invoice for such fees from CGS. DEVELOPER designates its election below: Yes _ Please install excess flow valves on each of the Service lines in the System No X Do not install excess flow valves in the System DEVELOPER acknowledges that the installation fee for the excess flow valve increases in the event that such valve is installed on a service line after construction of such line has been completed within the System (currently, the post-construction installation fee is $300.00). DEVELOPER acknowledges that the excess flow valve is not a product manufactured by CGS nor does CGS warranty the excess flow valve. As with any mechanical device, an excess flow valve may malfunction and cause interruption to gas service. Any malfunction of the excess flow valve is not the responsibility of CGS and related maintenance and/or replacement costs associated with the excess flow valve shall be solely the responsibility of DEVELOPER or the future customer/property owner. 2.7 Multiple Phases. CGS understands that DEVELOPER may construct the Project in multiple Phases. In that event, CGS reserves the right, in its sole discretion, to require each Phase to meet CGS' s feasibility requirements of 80% of the homes built as Gas Compliant Residences as defined below. 3. Gas Appliance Requirements. In recognition of the investment made by CGS in constructing the System, DEVELOPER agrees to construct or ensure construction, (including the recording of restrictive covenants), of Gas Compliant Residences in at least eighty percent (80%) of each Phase of the Project actually constructed during the term of this Agreement. DEVELOPER agrees that each "Model" home used within the Project for purposes of home sales or other demonstrative purposes, will be a Gas Compliant Residence and will be equipped with an "energy efficient" pilot-less gas range and gas clothes dryer. Further, DEVELOPER agrees to make its best efforts to utilize natural gas and natural gas appliances and equipment in common areas of the Project such as community club houses, community fitness centers, community pools, street lamps, community laundries and central water heating systems. Additionally, DEVELOPER agrees to make a reasonable effort to encourage the use of Natural Gas by all builders for optional appliances and for all commercial and industrial and multi-family applications where economically feasible. For purposes of this Agreement, a Gas Compliant Residence shall be defined as those units/homes installed with an energy efficient gas water heater and energy efficient whole-house gas heating system, and the necessary piping to permit the installation of an energy efficient pilotless gas range and energy efficient gas clothes dryer. 4. Energy Conservation Allowance. DEVELOPER may be entitled to an Energy Conservation Allowance for each home constructed in the Project that meets the requirements of CGS's Energy Conservation Program (the "Program"), as may be amended from time to time. A summary of the allowances presently permitted under the Program is attached hereto as Exhibit B. In the event the City Council rules or otherwise determines that the energy conservation allowances referenced above, or any portion thereof, may not be recovered by CGS through the Energy Conservation Adjustment, then the CGS's obligation to thereafter make payment of said allowances shall terminate upon completion of construction of any residences already under construction in the Project. If this occurs, the DEVELOPER has the option to terminate agreement. Should this occur or should Withlacoochee River Electric Cooperative change the level of their underground differential cost billed to the DEVELOPER, the parties shall have the right to renegotiate the terms of this agreement, provided that such renegotiated terms must continue to fall within CGS' s overall and future Phase feasibility guidelines. During the term of this Agreement, CGS shall have the right to inspect any residence for which a claim for allowance has been made, at reasonable times and upon reasonable notice to DEVELOPER. 5. Indemnification. CGS hereby agrees to indemnify, defend and hold harmless DEVELOPER, its their officers, directors, and employees ("Indemnified Parties") from and against all losses, damages and third- party claims, actions or suits, for direct damages, costs and expenses, including reasonable attorneys' fees resulting from and to the extent of CGS'S negligent construction of the System; provided, however, that such obligation shall not apply unless CGS is given prompt written notice of the claim and sole control of its defense and/or settlement. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which CGS is entitled or the extent of any limitation of liability pursuant to S 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense CGS may have under S 768.28, Florida Statutes. DEVELOPER hereby agrees to indemnify, defend and hold harmless CGS, its officers, directors, employees, and contractors ("Indemnified Parties") from and against all losses, damages and claims, actions, or suits, for damages, costs and expenses, including reasonable attorney's fees, resulting from or to the extent any negligent work or operations engaged in by DEVELOPER, its agents, servants, or contractors in connection with the Project; or by consequence of any negligence, excluding the negligence of CGS, in connection with the same; or by or on account of the use of any improper materials or by or on account of any negligent act or omission of DEVELOPER, its agents, servants or contractors. 6. Force Maieure. Neither CGS nor DEVELOPER shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance was prevented by an event of Force Majeure. The term "Force Majeure" shall mean causes not within the control of the party whose performance is affected including, without limitation, Acts of God, strikes, lockouts, or other industrial disturbance, acts of the public enemy, wars, blockages, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, arrests and explosions or breakage. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party of such occurrence and its estimated duration, shall promptly remedy such Force Majeure if and to the extent reasonably possible and shall resume such performance as soon as possible; provided, however, that neither party shall be required to settle any labor dispute against its will. 7. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal Express), and shall, if not sooner received, be deemed received three (3) business days after deposit in the United States Mail, or one business day after telecopy transmission or receipt by any national delivery service. All notices shall be addressed to each party at the address listed below, unless and until such time as a party notifies the other in accordance with this Section of a change in address. Clearwater Gas System Attn: Managing Director 400 North Myrtle Avenue Clearwater, FL, 33755 Connerton LLC c/o Terrabrook Attn: Vice President 3505 Frontage Road, Suite 145 Tampa, FL 33607 Fax: (727) 562-4903 Fax: (813) 286-8910 8. Duration. The term ofthis Agreement (the "Term") shall commence upon the Effective Date and continue until the earlier of (i) completion of the Project by the issuance of certificates of occupancy for the requisite number of Gas Compliant Residences and the completion of all common area and improvements with gas compliance facilities and equipment or, (ii) the twentieth (20th) anniversary of the Effective Date. 9. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a substantial investment in installing the System as provided in this Agreement. In the event builders within the Project fail to construct at least eighty percent (80%) of the attached and detached single family residences approved for a specific Phase of the Project constructed by the DEVELOPER (the "Minimum") where gas facilities are installed, CGS will suffer substantial damages that will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation hereunder. Accordingly, if the builders fail to complete the Minimum percentage of the Gas Compliant Residences in a particular Phase of this Project actually constructed by DEVELOPER during a period measured by the earlier of (i) the issue of the last certificate of occupancy for the particular Phase of the Project, or (ii) eight (8) years after the issuance of the first certificate of occupancy for the particular Phase of the Project; then, DEVELOPER shall pay to CGS liquidated damages in the amount of Seven Hundred and Fifty Dollars ($ 750.00) for each attached and detached single family residence below the minimum eighty percent (80%) requirement for that Phase where gas facilities were installed. 10. Remedies & Limitations. In the event of a breach of this Agreement, the non-breaching Party shall, except to the extent specifically limited by this Agreement, have all rights and remedies available at law and at equity against the breaching party. In all cases arising under this Agreement the CGS's liability shall be limited to an amount equivalent to the value of the System; provided, however, that this limitation shall not expand CGS's liability beyond that provided by its City ordinances or other applicable law including Section 768.28, Florida Statutes. All punitive and consequential damages are hereby waived. 11. Termination. If either Party defaults in its performance of this Agreement or materially breaches any of its provisions, and fails to cure said default within thirty (30) days after receiving written notice of such default, or in the instance that a cure can not be accomplished within thirty (30) days, has not begun good faith effort to cure same, the non-breaching Party shall have the right to terminate this Agreement with ten (l0) days written notice. 12. Gas Rates. CGS affirms that the gas rates charged to the customers in the Connerton Project shall be substantially the same as those charged to all of its similarly situated customers east of the Suncoast Parkway. 13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules, orders, pennits, and regulations of any federal, state, or local governmental authority having jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. In the event of litigation between the parties hereto arising out of or in connection with this Agreement, then the reasonable attorneys' fees and costs of the party prevailing in such litigation shall be paid by the other party at all trial levels, including all appeals. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes any and all prior negotiations, understandings or agreements. Except as provided above, this Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, and their respective successors and assigns. This Agreement may be amended, modified or extended only by a written instrument signed by both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application thereof to any party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall be effective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of the same. This Agreement may be executed in any number of counterparts, and all the counterparts taken together shall be deemed to constitute one (1) and the same instrument. The captions, headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached to this Agreement is incorporated by reference herein. Nothing contained herein shall be construed as a joint venture, partnership or any other similar relationship between CGS and DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or interests in a person or group that is not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Developer Agreement (Natural Gas) to be signed by their respective duly authorized officers as of the date first above written. Agreed to and accepted by: CONNERTON, L.L.C. a Delaware Limited Liability Company By: Westerra Management, L.L.c. Its authorized representative By: l~ >- W. Stewart tbbons Vice President Approved and accepted by: Countersigned: BrianJ.~ Mayor CITY OF CLEARWATER, FLORIDA -By: 4~t~JJ: William B. Home II City Manager Approved as to form: Attest: ipowski nt City Attorney Cynthia E. Goudeau City Clerk .-- EXlllBIT A Legal Description of Project CONNERTON DEVELOPMENT PARCEL - VILLAGE AREAS 1 - 4 DESCRIPTION: A parcel ofland lying in Sections 22, 23, 24, 25, 26, 27, 35 and 36, Township 25 South, Range 18 East, and Sections 18, 19,20,30 and 31, Township 25 South, Range 19 East, ALL in Pasco County, Florida, and being more particularly described as follows: BEGINNING at the Southeast comer of the Southeast 1/4 of said Section 25, thence along the South boundary of said Southeast 1/4 of Section 25, N.89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feet to the Southeast comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53"W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 of the Northwest 1/4 of said Section 36, N.89043'25"W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Northwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence N.26038'23"W., 741.21 feet; thence N.64026'37"W., 629.60 feet; thence N.62051 '24"E., 1014.82 feet; thence N.20031 '43"E., 549.36 feet; thence N.50014'25"W., 1535.13 feet; thence S.55036'40"W., 810.99 feet; thence S.65013'49"W., 1389.45 feet to a point on a curve; thence Southwesterly, 1312.85 feet along the arc of a curve to the left having a radius of 1150.00 feet and a central angle of 65024'34" (chord bearing S.32032'26"W., 1242.71 feet); thence S.00011'02"E., 437.08 feet to a point on a curve, said point lying on the Westerly boundary of THE GROVES PHASE lA, according to the plat thereof as recorded in Plat Book 39, Pages 120 through 150, inclusive, of the Public Records of Pasco County, Florida; thence along said Westerly boundary of THE GROVES PHASE lA, the following four (4) courses: 1) Southwesterly, 707.82 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 73044'10" (chord bearing S.36041'OO"W., 659.97 feet); 2) S.71 053'17"W., 446.91 feet; 3) S.18006'43"E., 630.30 feet; 4} S.62019'10"W., 820.30 feet to a point on a curve on the Easterly right-of-way line of U.S. HIGHWAY No. 41 (State Road No. 45), per D.O.T. Right-of-way Map No. 544B - Road 5; thence along said Easterly right-of-way line, the following four (4) courses: 1) Northerly, 497.06 feet along the arc of a curve to the right having a radius of 5609.58 feet and a central angle of 05004'37" (chord bearing N.20038'25"W., 496.90 feet); 2) N.18006'36"W., 1124.74 feet to a point on a curve; 3) Northerly, 1414.88 feet along the arc of a curve to the left having a radius of23038.77 feet and a central angle of 03031'07" (chord bearing N.19051'24"W., 1414.66 feet) 4) N.21 037'29"W., 4520.38 feet; thence N.88044'55"E., 274.27 feet; thence S.0I015'05"E., 150.00 feet; thence N.88044'55"E., 77.14 feet to a point of curvature; thence Easterly, 357.96 feet along the arc of a curve to the left haying a radius of 11350.00 feet and a central angle of 01 048'25" (chord bearing N.87050'42"E., 357.94 feet) to a point on a curve; thence Easterly, 547.67 feet along the arc of a curve to the left haying a radius of 11350.00 feet and a central angle of 02045'53" (chord bearing N.89023'14"E., 547.62 feet); thence N.50050'00"E., 1057.53 feet; thence N.25000'00"E., 1050.00 feet; thence N.79000'OO"E., 544.99 feet; thence N.56000'OO"E., 356.34 feet; thence S.46000'OO"E., 430.00 feet; thence S.03050'OO"W., 770.00 feet; thence S.55000'OO"W., 325.00 feet; thence S.33050'00"W., 375.00 feet; thence S.05039'58"E., 77.00 feet to a point on a curve; thence Easterly, 1944.04 feet along the arc ofa curve to the right having a radius of7110.00 feet and a central angle of 15039'58" (chord bearing S.87049'59"E., 1937.99 feet) to a point of tangency; thence S.80000'OO"E., 868.53 feet to a point of curvature; thence Easterly, 1292.15 feet along the arc of a curve to the left having a radius of 11390.00 feet and a central angle of 06030'00" (chord bearing S.83015'OO"E., 1291.46 feet) to a point of Exhibit A 1 tangency; thence S.86030'00"E., 210.00 feet; thence N.20035'08"E., 263.21 feet; thence N.27050'00"W., 285.00 feet; thence N.35000'OO"E., 840.00 feet; thence N.47050'00"E., 165.00 feet; thence S.89000'00"E., 255.00 feet; thence S.03050'00"E., 150.00 feet; thence S.54050'00"E., 400.00 feet; thence N.73000'00"E., 270.00 feet; thence N.32000'00"W., 980.00 feet; thence N.51 050'00"E., 350.00 feet; thence N.22050'00"E., 700.00 feet; thence N.47050'00"W., 720.00 feet; thence N.76000'00"W., 225.00 feet; thence N.12050'00"E., 600.00 feet; thence N.78000'00"E., 575.00 feet; thence N .13 050'OO"E., 730.00 feet; thence S. 71 050'00"E., 925.00 feet; thence S.14050'00"E., 245.00 feet; thence N.84050'00"E., 200.00 feet; thence N.OloOO'OO"E., 525.00 feet; thence S.74000'00"W., 320.00 feet; thence N.14000'OO"E., 655.00 feet; thence N.62000'00"W., 555.00 feet; thence N.04000'00"W., 645.00 feet; thence N.82050'OO"E., 210.00 feet; thence N.10050'OO"W., 755.00 feet; thence S.84050'00"E., 820.00 feet; thence S.16050'00"E., 510.00 feet; thence S.49050'00"E., 525.00 feet; thence S.88000'00"E., 305.00 feet; thence N.17000'00"E., 600.00 feet; thence N.44050'00"E., 535.00 feet; thence S.77000'OO"E., 540.00 feet; thence N.48050'00"E., 600.00 feet; thence S.46050'00"E., 600.00 feet; thence S.85000'OO"E., 280.00 feet; thence S.24000'00"E., 835.00 feet; thence S.10050'00"W., 445.00 feet; thence S.19000'00"E., 380.00 feet; thence S.66000'OO"E., 305.00 feet; thence S.71050'00"E., 480.00 feet; thence N.27000'00"E., 520.00 feet; thence S.72050'00"E., 385.00 feet; thence S.12050'00"W., 465.00 feet; thence S.18050'00"E., 305.00 feet; thence S.51050'00"E., 1015.00 feet; thence S.65030'00"E., 320.00 feet; thence S.81 050'OO"E., 145.00 feet; thence N.80000'00"E., 580.00 feet; thence N.70000'00"E., 585.00 feet; thence N.56038'20"E., 1328.40 feet to a point on the Westerly Maintained Right-of-way of EHREN ROAD (County Road No. 583); thence along said Westerly Maintained right-of-way line, the following nineteen (19) courses: 1) S.48051'21"W., 97.11 feet; 2) S.42032'17"W., 85.82 feet; 3) S.36027'57"W., 112.91 feet; 4) S.30029'25"W., 129.08 feet; 5) S.26004'09"W., 127.93 feet; 6) S.16001'38"W., 192.14 feet; 7) S.07049'12"W., 145.26 feet; 8) S.02011'34"W., 117.12 feet; 9) S.02006'19"W., 981.49 feet; 10) S.00038'37"W., 248.53 feet; 11) S.02033'21 "W., 973.03 feet; 12) S.20016'52"W., 140.98 feet; 13) S.21021'42"W., 1013.33 feet; 14) S.21028'00"W., 117.24 feet; 15) S.21005'17"W., 102.88 feet; 16) S.22016'29"W., 113.00 feet; 17) S.20024'13"W., 113.26 feet; 18) S.20055'46"W., 422.73 feet; 19) S.20054'15"W., 116.87 feet to a point on the South boundary of the Southwest 1/4 of said Section 20; thence along said South boundary of the Southwest 1/4 of Section 20, N.89056'01 "W., 476.92 feet to the Southeast comer of the Southeast 1/4 of said Section 19; thence along the South boundary of said Southeast 1/4 of Section 19, N.89059'10"W., 1328.58 feet to the Northeast comer of the Northwest 1/4 of the Northeast 1/4 of said Section 30 ; thence along the East boundary of the West 1/2 of said Northeast comer of Section 30, S.00olO'04"W., 2662.96 feet to the Northeast comer of the Northwest 1/4 of the Southeast 1/4 of said Section 30; thence along the East boundary of the West 1/2 of said Southeast 1/4 of Section 30, S.00003'23''W., 2486.70 feet; thence S.48016'23"E., 96.47 feet; thence S.41043'37"W., 108.39 feet to a point on said East boundary of the West 1/2 of said Southeast 1/4 of Section 30; thence along said East boundary of the West 1/2 of the Southeast 1/4 of Section 30, S.00003'23"W., 5.50 feet to the Southeast comer of the Southwest 1/4 of said Southeast 1/4 of Section 30; thence along the South boundary of said Southwest 1/4 of the Southeast 1/4 of Section 30, N.89042'43 "W., 4.88 feet; thence S.41043'37"W., 109.27 feet; thence N.48016'23"W., 120.00 feet; thence N.41 043'37"E., 3.33 feet to a point on said South boundary of said Southwest 1/4 of the Southeast 1/4 of Section 30; thence along said South boundary of said Southwest 1/4 of the Southeast 1/4 of Section 30, N.89042'43 "W., 1154.33 feet to the Southwest comer of said Southeast 1/4 of Section 30; thence along the South boundary of the Southwest 1/4 of said Section 30, N.89048'22"W., 2661.30 feet to the POINT OF BEGINNING. Containing 3063.577 acres, more or less. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: Exhibit A 2 (LESS-OUT PARCEL No.1) DESCRIPTION: A parcel ofland lying in Section 18, Township 25 South, Range 19 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of said Section 25, thence along the South boundary of said Southeast 1/4 of Section 25, N.89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feet to the Southeast comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53"W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 of the Northwest 1/4 of said Section 36, N.89043'25 "W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Northwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence N.26038'23"W., 741.21 feet; thence N.64026'37"W., 629.60 feet; thence N.62051'24"E., 1014.82 feet; thence N.20031'43"E., 549.36 feet; thence N.50014'25"W., 1535.13 feet; thence S.55036'40"W., 810.99 feet; thence S.65013'49"W., 1389.45 feet to a point on a curve; thence Southwesterly, 1312.85 feet along the arc of a curve to the left having a radius of 1150.00 feet and a central angle of 65024'34" (chord bearing S.32032'26"W., 1242.71 feet); thence S.Oooll '02"E., 437.08 feet to a point on a curve, said point lying on the Westerly boundary of THE GROVES PHASE lA, according to the plat thereof as recorded in Plat Book 39, Pages 120 through 150, inclusive, of the Public Records of Pasco County, Florida; thence along said Westerly boundary of THE GROVES PHASE lA, the following four (4) courses: 1) Southwesterly, 707.82 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 73044'10" (chord bearing S.36041'00"W., 659.97 feet); 2) S.7l 053'17"W., 446.91 feet; 3) S.18006'43"E., 630.30 feet; 4) S.62019'10"W., 820.30 feet to a point on a curve on the Easterly right-of-way line of U.S. HIGHWAY No. 41 (State Road No. 45), per D.O.T. Right-of-way Map No. 544B - Road 5; thence along said Easterly right-of-way line, the following four (4) courses: 1) Northerly, 497.06 feet along the arc ofa curve to the right havinga radius of 5609.58 feet and a central angle of 05004'37" (chord bearing N.20038'25"W., 496.90 feet); 2) N.18006'36"W., 1124.74 feet to a point on a curve; 3) Northerly, 1414.88 feet along the arc of a curve to the left having a radius of23038.77 feet and a central angle of 03031'07" (chord bearing N.19051'24"W., 1414.66 feet) 4) N.21037'29"W., 4520.38 feet; thence N.88044'55"E., 274.27 feet; thence S.01015'05"E., 150.00 feet; thence N.88044'55"E., 77.14 feet to a point of curvature; thence Easterly, 357.96 feet along the arc of a curve to the left haying a radius of 11350.00 feet and a central angle of 01 048'25" (chord bearing N.87050'42"E., 357.94 feet) to a point on a curve; thence Easterly, 547.67 feet along the arc ofa curve to the left haying a radius of 11350.00 feet and a central angle of 02045'53" (chord bearing N.89023'14"E., 547.62 feet); thence N.50050'00"E., 1057.53 feet; thence N.25000'00"E., 1050.00 feet; thence N.79000'OO"E., 544.99 feet; thence N.56000'00"E., 356.34 feet; thence S.46000'00"E., 430.00 feet; thence S.03050'OO"W., 770.00 feet; thence S.55000'00"W., 325.00 feet; thence S.33050'OO"W., 375.00 feet; thence S.05039'58"E., 77.00 feet to a point on a curve; thence Easterly, 1944.04 feet along the arc ofa curve to the right having a radius of7110.00 feet and a central angle of 15039'58" (chord bearing S.87049'59"E., 1937.99 feet) to a point of tangency; thence S.80000'00"E., 868.53 feet to a point of curvature; thence Easterly, 1292.15 feet along the arc of a curve to the left having a radius of 11390.00 feet and a central angle of 06030'00" (chord bearing S.83015'OO"E., 1291.46 feet) to a point of tangency; thence S.86030'OO"E., 210.00 feet; thence N.20035'08"E., 263.21 feet; thence N.27050'OO"W., 285.00 feet; thence N.35000'00"E., 840.00 feet; thence N.47050'00"E., 165.00 feet; thence S.89000'00"E., 255.00 feet; thence S.03050'00"E., 150.00 feet; thence S.54050'00"E., 400.00 feet; thence N.73000'00"E., 270.00 feet; thence N.32000'OO"W., 980.00 feet; thence N.51 050'OO"E., Exhibit A 3 350.00 feet; thence N.22050'00"E., 700.00 feet; thence N.47050'00"W., 720.00 feet; thence N.76000'00"W., 225.00 feet; thence N.12050'00"E., 600.00 feet; thence N.78000'00"E., 575.00 feet; thence N.13050'OO"E., 730.00 feet; thence S.71 050'00"E., 925.00 feet; thence S.14050'00"E., 245.00 feet; thence N.84050'00"E., 200.00 feet; thence N.01 oOO'OO"E., 525.00 feet; thence S.74000'00"W., 320.00 feet; thence N.14000'00"E., 655.00 feet; thence N.62000'00"W., 555.00 feet; thence N.04000'00"W., 645.00 feet; thence N.82050'00"E., 210.00 feet; thence N.10050'00"W., 755.00 feet; thence S.84050'00"E., 820.00 feet; thence S.16050'OO"E., 510.00 feet; thence S.49050'00"E., 525.00 feet; thence S.88000'00"E., 305.00 feet; thence N.17000'00"E., 600.00 feet; thence N.44050'00"E., 535.00 feet; thence S.77000'00"E., 540.00 feet to the POINT OF BEGINNING; thence N.48050'00"E., 600.00 feet; thence S.46050'00"E., 600.00 feet; thence N.89000'OO"W., 889.43 feet to the POINT OF BEGINNING. Containing 4.112 acres, more or less. ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: (LESS-OUT PARCEL No.2) DESCRIPTION: A parcel ofland lying in Sections 18 and 19, Township 25 South, Range 19 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of said Section 25, thence along the South boundary of said Southeast 1/4 of Section 25, N.89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feet to the Southeast comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53"W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 of the Northwest 1/4 of said Section 36, N.89043'25"W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Northwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence N.26038'23 "W., 741.21 feet; thence N.64026'37"W., 629.60 feet; thence N.62051'24"E., 1014.82 feet; thence N.20031'43"E., 549.36 feet; thence N.50014'25"W., 1535.13 feet; thence S.55036'40"W., 810.99 feet; thence S.65013'49"W., 1389.45 feet to a point on a curve; thence Southwesterly, 1312.85 feet along the arc of a curve to the left having a radius of 1150.00 feet and a central angle of 65024'34" (chord bearing S.32032'26"W., 1242.71 feet); thence S.Oooll '02"E., 437.08 feet to a point on a curve, said point lying on the Westerly boundary of THE GROVES PHASE lA, according to the plat thereof as recorded in Plat Book 39, Pages 120 through 150, inclusive, of the Public Records of Pasco County, Florida; thence along said Westerly boundary of THE GROVES PHASE lA, the following four (4) courses: 1) Southwesterly, 707.82 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 73044'10'. (chord bearing S.36041'00"W., 659.97 feet); 2) S.71 053'17"W., 446.91 feet; 3) S.18006'43"E., 630.30 feet; 4) S.62019'IO"W., 820.30 feet to a point on a curve on the Easterly right-of-way line of U.S. HIGHWAY No. 41 (State Road No. 45), perD.O.T. Right-of-way Map No. 544B - Road 5; thence along said Easterly right-of-way line, the following four (4) courses: 1) Northerly, 497.06 feet along the arc ofa curve to the right having a radius of 5609.58 feet and a central angle of 05004'37" (chord bearing N.20038'25"W., 496.90 feet); 2) N.18006'36"W., 1124.74 feet to a point on a curve; 3) Northerly, 1414.88 feet along the arc of a curve to the left having a radius of23038.77 feet and a central angle of 03031 '07" (chord bearing N.19051'24"W., 1414.66 feet) 4) N.21 037'29"W., 4520.38 feet; thence N.88044'55"E., 274.27 feet; thence S.OI 015'05"E., 150.00 feet; thence N.88044'55"E., Exhibit A 4 77.14 feet to a point of curvature; thence Easterly, 357.96 feet along the arc of a curve to the left haying a radius of 11350.00 feet and a central angle of 01 048'25" (chord bearing N.87050'42"E., 3 57.94 feet) to a point on a curve; thence Easterly, 547.67 feet along the arc of a curve to the left having a radius of 11350.00 feet and a central angle of 02045'53" (chord bearing N.89023'14"E., 547.62 feet); thence N.50050'00"E., 1057.53 feet; thence N.25000'00"E., 1050.00 feet; thence N.79000'00"E., 544.99 feet; thence N.56000'00"E., 356.34 feet; thence S.46000'00"E., 430.00 feet; thence S.03050'00"W., 770.00 feet; thence S.55000'00"W., 325.00 feet; thence S.33050'00"W., 375.00 feet; thence S.05039'58"E., 77.00 feet to a point on a curve; thence Easterly, 1944.04 feet along the arc of a curve to the right having a radius of711O.00 feet and a central angle of 15039'58" (chord bearing S.87049'59"E., 1937.99 feet) to a point of tangency; thence S.80000'OO''E., 868.53 feet to a point of curvature; thence Easterly, 1292.15 feet along the arc of a curve to the left having a radius of 11390.00 feet and a central angle of 06030'00" (chord bearing S.83015'00"E., 1291.46 feet) to a point of tangency; thence S.86030'OO"E., 210.00 feet; thence N.20035'08"E., 263.21 feet; thence N.27050'00"W., 285.00 feet; thence N.35000'00"E., 840.00 feet; thence N.47050'OO"E., 165.00 feet; thence S.89000'OO"E., 255.00 feet; thence S.03050'00"E., 150.00 feet; thence S.54050'OO"E., 400.00 feet; thence N.73000'00"E., 270.00 feet; thence N.32000'00"W., 980.00 feet; thence N.51 050'00"E., 350.00 feet; thence N.22050'00"E., 700.00 feet; thence N.47050'OO"W., 720.00 feet; thence N.76000'00"W., 225.00 feet; thence N.12050'00"E., 600.00 feet; thence N.78000'00"E., 575.00 feet; thence N.13050'00"E., 730.00 feet; thence S.7l050'00"E., 925.00 feet; thence S.14050'00"E., 245.00 feet; thence N.84050'00"E., 200.00 feet; thence N.Ol 000'00"E., 525.00 feet; thence S.74000'00"W., 320.00 feet; thence N.14000'00"E., 655.00 feet; thence N.62000'OO"W., 555.00 feet; thence N.04000'OO"W., 645.00 feet; thence N.82050'00"E., 210.00 feet; thence N.10050'00"W., 755.00 feet; thence S.84050'00"E., 820.00 feet; thence S.16050'00"E., 510.00 feet; thence S.49050'00"E., 525.00 feet; thence S.88000'00"E., 305.00 feet; thence N.17000'OO"E., 600.00 feet; thence N.44050'00"E., 535.00 feet; thence S.77000'00"E., 540.00 feet; thence N.48050'00"E., 600.00 feet; thence S.46050'00"E., 600.00 feet; thence S.85000'00"E., 280.00 feet; thence S.24000'00"E., 835.00 feet; thence S.10050'OO"W., 445.00 feet; thence S.19000'00"E., 380.00 feet; thence S.66000'00"E., 305.00 feet; thence S.7l 050'00"E., 480.00 feet to the POINT OF BEGINNING; thence N.27000'00"E., 520.00 feet; thence S.72050'00"E., 385.00 feet; thence S.12050'00"W., 465.00 feet; thence N.78017'53"W., 511.27 feet to the POINT OF BEGINNING. Containing 4.993 acres, more or less. ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: (LESS-OUT PARCEL No.3) DESCRIPTION: A parcel ofland lying in Section 36, Township 25 South, Range 18 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of Section 25, Township 25 South, Range 18 East, Pasco County, Florida, run thence along the South boundary of said Southeast 1/4 of Section 25, N .89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25, said point also being the POINT OF BEGINNING; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feet to the Southeast comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53 "W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 of the Northwest 1/4 of said Section 36, N.89043'25"W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Exhibit A 5 Northwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the North boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, S.89029'00"E., 1320.77 feet to the Northwest comer of the aforesaid Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the North boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, continue S.89029'00"E., 1320.77 feet to the POINT OF BEGINNING. Containing 80.937 acres, more or less. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: (ADD-ON PARCEL No.1) DESCRIPTION: A parcel ofland lying in Section 24, Township 25 South, Range 18 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of said Section 25, thence along the South boundary of said Southeast 1/4 of Section 25, N.89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feet to the Southeast comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53 "W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 of the Northwest 1/4 of said Section 36, N.89043'25"W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Northwestcomer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence N.26038'23"W., 741.21 feet; thence N.64026'37"W., 629.60 feet; thence N.62051 '24"E., 1014.82 feet; thence N.20031 '43"E., 549.36 feet; thence N.50014'25"W., 1535.13 feet; thence S.55036'40"W., 810.99 feet; thence S.65013'49"W., 1389.45 feet to a point on a curve; thence Southwesterly, 1312.85 feet along the arc of a curve to the left having a radius of 1150.00 feet and a central angle of 65024'34" (chord bearing S.32032'26"W., 1242.71 feet); thence S.00011'02"E., 437.08 feet to a point on a curve, said point lying on the Westerly boundary of THE GROVES PHASE lA, according to the plat thereof as recorded in Plat Book 39, Pages 120 through 150, inclusive, of the Public Records of Pasco County, Florida; thence along said Westerly boundary of THE GROVES PHASE lA, the following four (4) courses: 1) Southwesterly, 707.82 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 73044'10" (chord bearing S.36041'OO"W., 659.97 feet); 2) S.71 053'17"W., 446.91 feet; 3) S.18006'43"E., 630.30 feet; 4) S.62019'10"W., 820.30 feet to a point on a curve on the Easterly right-of-way line of U.S. HIGHWAY No. 41 (State Road No. 45), per D.O.T. Right-of-way Map No. 544B - Road 5; thence along said Easterly right-of-way line, the following four (4) courses: 1) Northerly, 497.06 feet along the arc ofa curve to the right having a radius of 5609.58 feet and a central angle of 05004'37" (chord bearing N.20038'25"W., 496.90 feet); 2) N.18006'36"W., 1124.74 feet to a point on a curve; 3) Northerly, 1414.88 feet along the arc ofa curve to the left having a radius of23038.77 feet and a central angle of 03031 '07" (chord bearing N.19051'24"W., 1414.66 feet) 4) N.21 037'29"W., 4520.38 feet; thence N.88044'55"E., 274.27 feet; thence S.0IOI5'05"E., 150.00 feet; thence N.88044'55"E., 77.14 feet to a point of curvature; thence Easterly, 357.96 feet along the arc of a curve to the left having a radius of 11350.00 feet and a central angle of 01 048'25" (chord bearing N.87050'42"E., 357.94 feet) to a point on a curve; thence Easterly, 547.67 feet along the arc of a curve to the left haying a radius of 11350.00 feet and a central angle of 02045'53 " (chord bearing N.89023'14"E., 547.62 feet); thence N.50050'OO"E., 1057.53 feet; thence N.25000'00"E., 1050.00 feet; thence N.79000'00"E., 544.99 feet; thence N.56000'00"E., 356.34 feet; thence S.46000'OO"E., 430.00 feet; Exhibit A 6 thence S.03050'00"W., 770.00 feet; thence S.55000'00"W., 325.00 feet; thence S.33050'OO"W., 375.00 feet; thence S.05039'58"E., 77.00 feet to a point on a curve; thence Easterly, 1944.04 feet along the arc of a curve to the right having a radius of 711 0.00 feet and a central angle of 15039'58" (chord bearing S.87049'59"E., 1937.99 feet) to a point of tangency; thence S.80000'00"E., 868.53 feet to a point of curvature; thence Easterly, 1292.15 feet along the arc of a curve to the left having a radius of 11390.00 feet and a central angle of 06030'00" (chord bearing S.83015'OO"E., 1291.46 feet) to a point of tangency; thence S.86030'00"E., 210.00 feet; thence N.20035'08"E., 263.21 feet; thence N.27050'OO"W., 285.00 feet; thence N.35000'00"E., 840.00 feet; thence N.47050'00"E., 165.00 feet to the POINT OF BEGINNING; thence S.89000'00"E., 255.00 feet; thence S.03050'00"E., 150.00 feet; thence S.54050'00"E., 400.00 feet; thence N.73000'00"E., 270.00 feet; thence N.32000'OO"W., 980.00 feet; thence S.32011'37"W., 621.01 feet to the POINT OF BEGINNING. Containing 7 .405 acres, more or less. ALSO TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: (ADD-ON PARCEL No.2) DESCRIPTION: A parcel ofland lying in Section 24, Township 25 South, Range 18 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of said Section 25, thence along the South boundary of said Southeast 1/4 of Section 25, N.89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feet to the Southeast corner of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53"W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 of the Northwest 1/4 of said Section 36, N.89043'25"W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Northwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence N.26038'23"W., 741.21 feet; thence N.64026'37"W., 629.60 feet; thence N.62051'24"E., 1014.82 feet; thence N.20031'43"E., 549.36 feet; thence N.50014'25"W., 1535.13 feet; thence S.55036'40"W., 810.99 feet; thence S.65013'49"W., 1389.45 feet to a point on a curve; thence Southwesterly, 1312.85 feet along the arc of a curve to the left having a radius of 1150.00 feet and a central angle of 65024'34" (chord bearing S.32032'26"W., 1242.71 feet); thence S.0001I'02"E., 437.08 feet to a point on a curve, said point lying on the Westerly boundary of THE GROVES PHASE lA, according to the plat thereof as recorded in Plat Book 39, Pages 120 through 150, inclusive, of the Public Records of Pasco County, Florida; thence along said Westerly boundary of THE GROVES PHASE lA, the following four (4) courses: 1) Southwesterly, 707.82 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 73044'10" (chord bearing S.36041'OO"W., 659.97 feet); 2) S.71 053'17"W., 446.91 feet; 3) S.18006'43"E., 630.30 feet; 4) S.62019'IO"W., 820.30 feet to a point on a curve on the Easterly right-of-way line of U.S. HIGHWAY No. 41 (State Road No. 45), per D.O.T. Right-of-way Map No. 544B - Road 5; thence along said Easterly right-of-way line, the following four (4) courses: 1) Northerly, 497.06 feet along the arc of a curve to the right having a radius of5609.58 feet and a central angle of 05004'37" (chord bearing N.20038'25"W., 496.90 feet); 2) N.18006'36"W., 1124.74 feet to a point on a curve; 3) Northerly, 1414.88 feet along the arc of a curve to the left having a radius of23038.77 feet and a central angle of 03031'07" (chord bearing N.19051'24"W., 1414.66 feet) 4) N.21 o37'29"W., 4520.38 feet; thence N.88044'55"E., 274.27 feet; thence S.0I015'05"E., 150.00 feet; thence N.88044'55"E., Exhibit A 7 77.14 feet to a point of curvature; thence Easterly, 357.96 feet along the arc of a curve to the left having a radius of 11350.00 feet and a central angle of 01 048'25" (chord bearing N.87050'42"E., 357.94 feet) to a point on a curve; thence Easterly, 547.67 feet along the arc ofa curve to the left having a radius of 11350.00 feet and a central angle of 02045'53" (chord bearing N.89023'14"E., 547.62 feet); thence N.50050'00"E., 1057.53 feet; thence N.25000'OO"E., 1050.00 feet; thence N.79000'OO"E., 544.99 feet; thence N.56000'00"E., 356.34 feet; thence S.46000'00"E., 430.00 feet; thence S.03050'00"W., 770.00 feet; thence S.55000'00"W., 325.00 feet; thence S.33050'00"W., 375.00 feet; thence S.05039'58"E., 77.00 feet to a point on a curve; thence Easterly, 1944.04 feet along the arc ofa curve to the right having a radius of7110.00 feet and a central angle of 15039'58" (chord bearing S.87049'59"E., 1937.99 feet) to a point of tangency; thence S.80000'00"E., 868.53 feet to a point of curvature; thence Easterly, 1292.15 feet along the arc ofa curve to the left having a radius of 11390.00 feet and a central angle of 06030'00" (chord bearing S.83015'00"E., 1291.46 feet) to a point of tangency; thence S.86030'00"E., 210.00 feet; thence N.20035'08"E., 263.21 feet; thence N.27050'00"W., 285.00 feet; thence N.35000'OO"E., 840.00 feet; thence N.47050'00"E., 165.00 feet; thence S.89000'00"E., 255.00 feet; thence S.03050'00"E., 150.00 feet; thence S.54050'00"E., 400.00 feet; thence N.73000'OO"E., 270.00 feet; thence N.32000'OO"W., 980.00 feet; thence N.51 050'00"E., 350.00 feet; thence N.22050'00"E., 700.00 feet to the POINT OF BEGINNING; thence N.47050'00"W., 720.00 feet; thence N.76000'00"W., 225.00 feet; thence S.54025'49"E., 924.48 feet to the POINT OF BEGINNING. Containing 0.878 acres, more or less. ALSO TOGETHER WOTH THE FOLLOWING DESCRIBED PARCEL: (ADD-ON PARCEL No.3) DESCRIPTION: A parcel ofland lying in Section 13, Township 25 South, Range 18 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Southeast comer of the Southeast 1/4 of said Section 25, thence along the South boundary of said Southeast 1/4 of Section 25, N.89028'40"W., 1320.64 feet to the Southwest comer of the Southeast 1/4 of said Southeast 1/4 of Section 25; thence along the East boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 36, S.00015'33"W., 1328.92 feetto the Southeast comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of said Northwest 1/4 of the Northeast 1/4 of Section 36, N.89042'53"W., 1321.99 feet to the Southwest comer of said Northwest 1/4 of the Northeast 1/4 of Section 36; thence along the South boundary of the Northeast 1/4 ofthe Northwest 1/4 of said Section 36, N.89043'25 "W., 1321.07 feet to the Southwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence along the West boundary of said Northeast 1/4 of the Northwest 1/4 of Section 36, N.00019'32"E., 1339.80 feet to the Northwest comer of said Northeast 1/4 of the Northwest 1/4 of Section 36; thence N.26038'23 "W., 741.21 feet; thence N.64026'37"W., 629.60 feet; thence N.62051'24"E., 1014.82 feet; thence N.20031'43"E., 549.36 feet; thence N.50014'25"W., 1535.13 feet; thence S.55036'40"W., 810.99 feet; thence S.65013'49"W., 1389.45 feet to a point on a curve; thence Southwesterly, 1312.85 feet along the arc of a curve to the left having a radius of 1150.00 feet and a central angle of 65024'34" (chord bearing S.32032'26"W., 1242.71 feet); thence S.00011'02"E., 437.08 feet to a point on a curve, said point lying on the Westerly boundary of THE GROVES PHASE lA, according to the plat thereof as recorded in Plat Book 39, Pages 120 through 150, inclusive, of the Public Records of Pasco County, Florida; thence along said Westerly boundary of THE GROVES PHASE lA, the following four (4) courses: 1) Southwesterly, 707.82 feet along the arc of a curve to the right having a radius of 550.00 feet and a central angle of 73044'10" (chord bearing S.36041'OO"W., 659.97 feet); 2) S.71053'17"W., 446.91 feet; 3) S.18006'43"E., 630.30 feet; Exhibit A 8 4) S.62019'1OIIW., 820.30 feet to a point on a curve on the Easterly right-of-way line of U.S. HIGHWAY No. 41 (State Road No. 45), per D.O.T. Right-of-way Map No. 544B - Road 5; thence along said Easterly right-of-way line, the following four (4) courses: 1) Northerly, 497.06 feet along the arc of a curve to the right having a radius of 5609.58 feet and a central angle of 05004'37" (chord bearing N.20038'25"W., 496.90 feet); 2) N.18006'36"W., 1124.74 feet to a point on a curve; 3) Northerly, 1414.88 feet along the arc of a curve to the left having a radius of23038.77 feet and a central angle of 03031'07" (chord bearing N.19051'24"W., 1414.66 feet) 4) N.21 037'29"W., 4520.38 feet; thence N.88044'55"E., 274.27 feet; thence S.01015'05"E., 150.00 feet; thence N.88044'55"E., 77.14 feet to a point of curvature; thence Easterly, 357.96 feet along the arc of a curve to the left having a radius of 11350.00 feet and a central angle of 01 048'2511 (chord bearing N.87050'42"E., 357.94 feet) to a point on a curve; thence Easterly, 547.67 feet along the arc ofa curve to the left having a radius of 11350.00 feet and a central angle of 02045'5311 (chord bearing N.89023'14"E., 547.62 feet); thence N.50050'00"E., 1057.53 feet; thence N.25000'00"E., 1050.00 feet; thence N.79000'00"E., 544.99 feet; thence N.56000'00"E., 356.34 feet; thence S.46000'00"E., 430.00 feet; thence S.03050'00"W., 770.00 feet; thence S.55000'OOIlW., 325.00 feet; thence S.33050'00"W., 375.00 feet; thence S.05039'58"E., 77.00 feet to a point on a curve; thence Easterly, 1944.04 feet along the arc ofa curve to the right having a radius of7110.00 feet and a central angle of 15039'58" (chord bearing S.87049'59"E., 1937.99 feet) to a point of tangency; thence S.80000'00''E., 868.53 feet to a point of curvature; thence Easterly, 1292.15 feet along the arc of a curve to the left having a radius of 11390.00 feet and a central angle of 06030'00" (chord bearing S.83015'00IlE., 1291.46 feet) to a point of tangency; thence S.86030'00"E., 210.00 feet; thence N.20035'08I1E., 263.21 feet; thence N.27050'00"W., 285.00 feet; thence N.35000'00"E., 840.00 feet; thence N.47050'00"E., 165.00 feet; thence S.89000'OO"E., 255.00 feet; thence S.03050'00"E., 150.00 feet; thence S.54050'00"E., 400.00 feet; thence N.73000'00"E., 270.00 feet; thence N.32000'00"W., 980.00 feet; thence N.51 050'OOIlE., 350.00 feet; thence N.22050'00"E., 700.00 feet; thence N.47050'00"W., 720.00 feet; thence N.76000'OO"W., 225.00 feet; thence N.12050'00"E., 600.00 feet; thence N.78000'00"E., 575.00 feet; thence N.13050'00"E., 730.00 feet; thence S.71 050'00"E., 925.00 feet; thence S.14050'00"E., 245.00 feet; thence N.84050'00"E., 200.00 feet; thence N.Ol oOO'OO"E., 525.00 feet; thence S.74000'OO"W., 320.00 feet; thence N.14000'OO"E., 655.00 feet; thence N.62000'00"W., 555.00 feet; thence N.04000'OO"W., 645.00 feet to the POINT OF BEGINNING; thence N.82050'00"E., 210.00 feet; thence N.10050'OO"W., 755.00 feet; thence S.04056'50"W., 770.61 feet to the POINT OF BEGINNING. Containing 1.816 acres, more or less. ALTOGETHER containing 2,983.635 acres, more or less. A map depicting the above description is attached as Exhibit A, Page 10. Exhibit A 9 " " Page 10 !(i!_~H I ~~~ ;l! ,.' -====-- :i;~~~> -J '119 :~/~,r;/ ~~~-- .::.:~~;::;.""" I !!: )ill! ~..~' .....::.' ~~!.._-;. rr - _uu 'I'-~Ii u -~t~fr4'-_m__'_; .1'---'''\ , ~b /~p ".....~'l: ~~ /(~~/ i [ i~; .....~. .. C'" _",' -, , n ....,...."*"~ .....' ..., 1m .~.,..;;."" --- '\ : .. /. \~. ~>,\, ~\\~</"":' ,Wf7}r4' - m_ui+l: :~---- i; ""'~ ""'}..-'~ ~. \: ~~. "..-~- ~...:.::., ,L___...!...____, :D "-:-::__0. ~, : - fI : " ~z gP I, ~p .-ry .~~ ~I I \ -- - I \... ~~m~m~~m mnmmm ~;' ~ ~.. lW -,l!~ i t ~. = ;:ii ~i' ~ ~~~.;.=~=I ~ iH~i! ;~~ ~ ;~.,;,' "l."~""~. "Hlt":;~l':' <ill': ;1 m1~mp i;j ? ~ti i: il;n~"iU ! i-lil.l; ! i!~! I f~~~ I !I! lIH /('-<"" / III r;, I I~ j Hi ~; Q ~l ~f H . . \ \ \ "\" ". / _/ IKHAEN ROAD .-..-......., ......~ Ii i ,~ Hi i I dH I .'Ii n. ~ H ' ~~ zcn~l I! ;"~ ~ ~i J~~ ~ ~ i! Iii I f~11 l~ : !lli~ I ,n! f. I n 1.1 l:Hii;j l~ llii!'i' f, .li'h ~ ill I ~ I 111I' 1!lij51'i'! .ji ~ ! ~ !!:ri fli " ~ ~ !i~.~: 'Ii !! ;lli! Ii i ~ :i:2i ,! I ',lid II: , !';: I II;, " i", ~n~~1l H::2 "'1"'" !H~, Ril Ill! ~I Hii I. !;i~ ~ Ii:! ~ IK~ I~p 'j ""i!il Ill! [,,, lil t 'iE" hi II ~i " II ji Ii " t:I t'l < t'l t"n 00 "'z i!:z t'lt'l Z:>:l ""8 .,,0 >z :>:l C1 t'l t" EXHIBIT B Energy Conservation Allowance Plan CGS agrees to pay to DEVELOPER an energy conservation allowance for each residence constructed in the Project and that has qualified for payment based on following installation schedule ("Energy Conservation Allowance"): Energy Efficient Gas Central Home Heating System Energy Efficient Gas Water Heater Piping to Energy Efficient Pilotless Gas Range Piping to Energy Efficient Gas Dryer $270.00 $270.00 $ 85.00 $ 85.00 The total maximum energy conseryation amount payable on each Home that conforms to the schedule above $710.00 A request for payment of Allowance shall be submitted to Company within 90 days of issuance of the Certificate of Occupancy for each unit. Requests for an Allowance after 90 days of issuance of a Certificate of Occupancy will not be honored.