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THIRTY YEAR LEASE AGREEMENT "'$, " I I 00-340328 NOV- 7-2000 3'57 P INE:LLRS CO 8K 11114 PC; '18:~ LEAS E A G REEM ENT -____I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~, ' ------- THIS lEASE, made and entered into thisL day of ~ , 2..co'~ , by and between the CITY OF CLEARWATER, Florida, a----mui\ilclpal corporation, hereinafter called the "City", whose address is Post Office Box 4748, Clearwater, Florida 33758-4748, and CLEARWATER COUNTRY CLUB MANAGEMENT, INC., a Florida corporation, hereinafter called the "Club", whose address is 525 Betty lane North, Clearwater, Florida 33755. WHEREAS, the City commissioned a study by the National Golf Foundation which recommended that the City enter into a lease agreement with Club. WHEREAS, it is the intent of the City and Club to enter into a lease agreement for the premises described herein. NOW THEREFORE, in consideration of the foregoing and the mutual covenants 13--=ontained hereinafter, IT IS AGREED AS FOllOWS: ", ','; , j.tJ.OC qo ;~;.~.\\7: __ GRANT OF LEASE :;K f'!':; TERM DESCRIPTION AND OPTION TO RENEW ---'.'.._.- r....... f"t:\.. g~ r:.Rr~ ' 1. That for and in consideration of the covenants to be kept and maintained by ~~lES "S~e Club and the mutual benefit to the parties, the City does hereby lease and let unto WolF ~e Club, its successors and assigns, subject to the terms and conditions hereinafter ~~v , ' set forth, that certain real property located in the City of Clearwater, Florida, more TOTAL ~~articularly described in Exhibit "A" attached hereto and incorporated hereby by reference. The term of this lease shall be for a period of thirty (30) years, commencing May 1, 2002 and ending April 30, 2032, unless sooner terminated by the provisions hereof. c LEASE NOT ASSIGNABLE WITHOUT CONSENT 2. It is expressly agreed between the parties that this lease shall not be assignable to any other person, firm or corporation without the express written consent of the City, which consent may be granted or denied in the sole discretion of said City. USE AS PUBLIC GOLF COURSE 3. It is understood between the parties that the real property, which is the subject of this lease, will not be used in any manner other than as a public golf course facility. / RETURN TO: CITY CLERK POST OFFICE BOX 4748 CLEARWATER, FL 33758-4748 p1 )C(-(C3-CO (q' --, .. t I " PINELLRS COUNTY rLR Orr,~EC,8K 11114 PG 1846 CLUB COVENANTS KEEP AND MAINTAIN A GOLF COURSE 4. The Club covenants that it will keep and maintain upon the real property an 18 hole golf course, together with incidental improvements and will use, occupy and make available, as herein contemplated, such premises as a golf course and related facilities for pleasure, recreation and other purposes consistent with such golf course operation. During the term of the within lease and any extensions thereof, such golf course shall be operated and the facilities shall be open for usage during the normal hours of operation of the same or similar facilities in the area; provided, however, that at reasonable times portions of such course may be closed for necessary repair and/or reconstruction and/or maintenance. AVAILABILITY OF GOLF TO THE PUBLIC 5. The Club, in its operation of the course shall, at all times, subject to reasonable rules and regulations common to other similar facilities in the area, make such course available to the public who are not members of the Club on payment of reasonable green fees. The Club will, at all times, conduct its operation in such a manner as will be conducive to greens fee play and will undertake any and all reasonable acts to insure that the public is aware that such course is available for greens fee play and will make reasonable efforts to see that the prevailing atmosphere at the Club will be such that greens fee players will feel welcome to use the facility. The provisions of this paragraph shall be a material part of this lease. GREENS FEE PLAYERS RIGHTS AND OBLIGATIONS 6. The City recognizes the right of the Club to require greens fee players to comply with rules and regulations as prescribed for members. Failure of greens fee players to comply with established rules and regulations may, at the discretion of the Club management result in loss of playing privileges. Any complaints relating to play by greens fee players shall be referred to the Liaison Committee established herein for appropriate action. CLUB FACILITIES AVAILABLE TO GREENS FEE PLAYERS 7. The Club agrees to make the Clubhouse food, drink and restroom facilities available to greens fee players on the day of play to the same degree that such facilities are available to Club members. Greens fee players will be charged for food and beverages on the same basis as members are charged and shall be treated as a member for the day of play during the hours that the appropriate facilities are open. Nothing in this provision shall give any non-member use of the Club facilities for social 2 !.0 .' I , PINELLRS COUNTY rLR, Orr ,REC .8K 11114 PG 1847 events or entitle any such person to the use of the available facilities after the course has been closed for play. The Club agrees to make Clubhouse and facilities described herein available to the City for City sponsored events, based upon availability. USE AND CARE OF PREMISES 8. The Club covenants and agrees that it will, at all times, keep, maintain and operate such course and the facilities thereon, or in any way connected therewith, in a good and prudent manner to the end that such course shall be kept in good, playable condition. The Club agrees to keep and maintain reasonable standards and condition of the course generally in substantially the same condition as of the date of this lease; that it will keep and maintain, in good repair, all permanent improvements, such as buildings, and water systems, including the making of necessary replacements and/or repairs even though the making of such repairs and improvements shall extend the life of such facility or facilities beyond the expressed date of this lease. Club and City Parks and Recreation Director shall meet annually to mutually agree upon a capital improvement program to be implemented by the Club. CITY RESIDENT RATES 9. At all times during the term of this lease, residents of the City of Clearwater shall be given a preferential daily green fee rate reduction of an amount equal to ten percent (10%) of the established green fee then in force and effect. NO PERMANENT COURSE LAYOUT CHANGES WITHOUT WRITTEN CONSENT OF CITY 10. The Club covenants and agrees that no permanent change in the layout of the course shall be made except with the express written consent of the City. All duties of construction, repair, alteration or maintenance imposed by the within lease are and shall be separate expenses of the Club and shall never directly or indirectly be chargeable to the City nor in any way be a mechanic's or materialmen's lien or charge upon any lands. LEASE MAY BE RECORDED TO PROTECT CITY AGAINST LIENS 11. This instrument may be recorded in the public records of Pinellas County, Florida, and all persons, firms or corporations whomsoever are called upon to take due notice of these limitations and the superior rights of the City herein. NO PERMANENT STRUCTURES TO BE REMOVED 12. No permanent structure, once constructed, shall be removed from the premises or materially altered except with written consent of the City which shall not be 3 ,of) 1 1 unreasonably withheld and all persons, firms or corporations are expressly called upon to take due notice of the requirements of this lease. CITY RESERVED RIGHT TO DRAINAGE, UTILITY LINES, ROADS, ETC. PINELLAS COUNTY rLA Orr ,REC ,8K 11114 PG 1648 13. The City reserves at all times during the term of this Lease or any extension or renewal thereof the continuing right to utilize any portion of the leased premises for drainage, laying and maintaining utility lines or facilities, including roads, railroads, or other necessary rights of way, provided, nevertheless, the City shall use its best efforts to adopt such route or routes as will be reasonable and economically feasible to minimize interference with the purposes of this Lease. BANKRUPTCY OR DEFAULT, CITY HAS OPTION TO TERMINATE 14. Should the Club hereinafter be adjudged bankrupt or become insolvent or in any other way be financially unable to keep the covenants of this Lease, the City may at its option, terminate the lease, as though for breach of any other covenant. City may also accelerate the option to purchase referenced herein and shall be assigned any rights the Club may have in order for City to purchase. CLUB WILL PERFORM ITS OBLIGATIONS 15. The Club, in the performance of the covenants contained in this lease, shall at all times do or perform such acts or actions as shall be reasonably required by the context of this lease to fully perform its obligations hereunder, and shall, conversely, refrain from doing or permitting to be done any acts or actions which would jeopardize either its performance or ability to perform the covenants contained herein or the payment of rentals contemplated by the parties. RENTAL 16. Commencing May 1, 2002, the Club shall pay annually to the City, as rental for the premises, and the City agrees to accept three percent (3.00%) of the gross revenues plus applicable sales tax. Gross revenues include but are not limited to golf and social membership dues and initiation; green fees; cart fees; food, beverage, and merchandise sales; clubhouse rental;and any other revenues. Said rental payment shall be continued in the same amount unless modified in writing by the parties following extension negotiations. The said rental payments shall be paid to the City not later than thirty (30) days after the close of the Club's fiscal year. The disposition of remaining funds will be at the discretion of the Board of Directors of the Club, except that all funds must be used for the improvement of the course and facilities or to establish suitable reserves for 4 .00 .' I 1 PINELLRS COUNTY rLR Orr ,REC ,8K 1 1114 P13 184S maintenance, improvement and debt service. This schedule of rental payments shall remain in effect uhtil modified by the parties in writing. If Club constructs a new clubhouse of minimum size of 13,000 square feet at an estimated cost of $110.00 per square foot, then City agrees to reduce rental to one percent (1.00%) of the gross revenues for the first ten (10) years from Certificate of Occupancy and then two percent (2.00%) of the gross revenues for an additional ten (10) years. Rental will then return to the original amount or three percent (3.00%) of the gross revenues for any remaining lease term. CITY'S OPTION TO PURCHASE CLUB PROPERTY 17. The Club owns the real property and improvements described in Exhibit "8". City shall have the option to purchase that property upon the termination or expiration of this lease. 80th parties agree that the purchase price shall be the assessed value as determined by the official records of the Pinellas County property appraiser. City and Club shall share the normal and customary costs for closing and Club shall convey the property free and clear of any and all encumbrances. Purchase price shall be reduced by that amount discounted from rental based on construction of a new clubhouse. OPERATION AND MEMBERSHIP REQUIREMENTS 18. The Club agrees to operate the Clubhouse and related facilities located on the properties described in Exhibit "B" as a private facility subject to the right of greens fee players to use the food, beverage, and rest room facilities during the day such players are using the course as further outlined hereinafter. The Club covenants that membership in the Club, either social or golfing, will be made available to the public. The Club, however, in accepting applications for membership and admitting a member will be subject to the following guidelines and restrictions: A. For golfing and social membership, priority on a waiting list shall be given to residents of the City who are applicants. If no City resident is on the waiting list for an available membership, the said membership may be offered to the general public. B. Membership shall be without discrimination based on race, religion, sex, age or national origin. C. The Club's By-Laws will conform with these membership requirements and such By-Laws shall be continued during the term of this lease. D. A violation of these covenants by the Club shall constitute a substantial default under the terms of this lease. 5 rf) I I PIN~LLA O~~,R~C SI<S COUNTY rLA . 11114 ~ ' r-G 1850 INSURANCE, INDEMNIFICATION AND HOLD HARMLESS 19. The Club agrees to indemnify and hold the City and its employees harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly from this agreement or the performance hereof. This jndemnity clause includes, but is not limited to, claims, demands, causes of action or lawsuits for damages or injuries to goods, wares, merchandise and property and for any bodily or personal injury or loss of life in, upon or about the property. The Club shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: (1) Prooerty Insurance - Real property including improvements or additions shall be insured. a. Form - All Risk Coverage - Coverage shall be no more restrictive than that afforded by the latest edition of Insurance Services Office forms CF0011, CF0013, CF0420, and CF1210. If available, sinkhole insurance is to be included. If the provisions of the Club's All Risk Coverage do not include sinkholes and the unavailability of such coverage is verified by the City's insurance consultants, the Club shall be deemed to be in compliance with this paragraph. b. Amount of Insurance - The amount of coverage shall be the full insurable value on a replacement cost basis. c. Flood Insurance - When building or structures are located within an identified special flood hazard area, flood insurance shall be provided for the total insurable value of such buildings or structures or the maximum of flood insurance coverage available under the National Flood Insurance Program, whichever is less. (2) Boiler and Machinery Insurance - If the buildings or structures include boiler(s), pressure vessel(s), or air conditioning/heating equipment, the Club shall maintain comprehensive insurance covering loss on the property included liability for damage to property of others. a. Repair and Replacement. b. Amount of Insurance - $1,000,000.00 per accident (3) Comorehensive General Liability 0 Coverage shall be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability policy filed by the Insurance Services Office and shall include: 6 (JJI) .' I I PINELLAS COUNTY FLA. OFF.REC.8K 11114 PG 1851 a. Minimum limits of $1,000,000.OO-per ()ccurrencecombined---- single limits for bodily injury liability, personal injury, and property damage liability. b. Premises and Operation. b. Independent Contractors. c. Products or Completed Operations. d. Personal Injury Coverage with employees and contractual exclusions removed. e. Liquor Law Liability, if applicable. f. Golf carts or other golfing appurtenances, not owned by the Club but brought onto the property by others. (4) Business Auto Policy - Coverage shall be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and shall include: a. Minimum limits of $1,000,000.00 per occurrence, combined single limits for bodily injury liability and property damage liability. b. Coverage on all vehicles (owned, hired, and non-owned). (5) Workers Compensation - Coverage shall apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy shall include employer's liability with a limit of $500,000.00 for each accident. If the self-insured status of the Club is approved by the State of Florida, the City agrees to recognize and accept such status upon proof of such approval. Other Reauirements. (1) The City shall be names as an additional insured on all insurance policies required under this agreement. (2) Copies of insurance certificates for all insurance required by the agreement, and copies of all insurance policies covering insurance required by this agreement, shall be furnished to the City Clerk of the City prior to the use of the property. 7 M /JJ I I PINELLRS COUNTY rLR Orr.REC,8K 11114 PG 1652 (3) Not less than sixty (60) days notice of cancellation or restricted modifications of any insurance policy providing the coverage required by this agreement shall be required on all insurance policies. COMPLIANCE WITH EXISTING LAWS AND REGULATIONS 20. The Club agrees that in its use and occupancy of the leased property it will comply with all applicable laws, rules, regulations and ordinances of every governmental body or agency whose authority extends to the leased property or to any operations conducted upon the leased property, whether or not such laws, rules, regulations or ordinances are mentioned herein. CLUB TO SUPPLY AUDIT BY C.P.A. 21. The Club agrees for determination of the cash rental to be paid hereunder that it shall at least annually, in each year of the term of this lease, at its own cost, furnish to the City a complete audit of its operations, prepared by a Certified Public Accountant, together with such interim accounts as may from time to time be requested. Such annual statement shall be furnished within thirty (30) days after the end of the Club's fiscal year. The Club shall further submit to the Parks & Recreation Director an annual report of course operation. RIGHT OF ENTRY BY CITY 22. Agents of the City shall be afforded the right at all reasonable times to enter upon the leased property for the purpose of inspecting the leased property and the Club's other facilities. OBLIGATION TO PAY TAXES 23. The Club agrees to pay any federal, state or local taxes which may be levied on the property or any improvements or uses placed thereon, but it is agreed that the uses herein serve a public and municipal purpose and the parties do not waive any exemptions permitted by law. WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES 24. Club must get City approval which shall not be unreasonably withheld to remove, demolish, remodel or replace any building or other structure on the leased land or land owned by the Club 8 I I PINELLAS COUNTY rLA, Orr ,REC ,8K 11114 PG 1853 DEFAULT BY CLUB ON ANY MORTGAGE CITY MAY CONSTRUE IT AS A DEFAULT IN LEASE 25. Should the Club herein materially default in the payment of any mortgages or other encumbrances, and the holder thereof declares such default, the City may construe such default of the Club as a default in the terms of this lease, or in the alternative relinquish its claim as granted by this lease to such mortgaged lands. Nothing herein provided is intended nor is it to be construed to obligate the City directly or indirectly to pay any part of such mortgage debt except at its own free choice in order to preserve its rights to the lands and improvements encumbered by the terms of the mortgage or lien. LIAISON COMMITTEE 26. The parties agree to maintain a Liaison Committee. The purpose of the Committee is for the continued exchange of information between the parties and to eliminate problems or misunderstandings as well as to keep open the lines of communication between the City and the Club. The parties herein establish a Liaison Committee consisting of at least one member of the Board of Directors of the Club and the City Parks and Recreation Director. It is contemplated by the parties that the Committee shall meet and discuss any matter of mutual concern, including complaints by greens fee players or other Clearwater residents concerning the operation of the Club. The Board of Directors of the Club will make an investigation of any such complaint and its findings together with the resultant action taken will be reported back through the Committee to the City Commission. This liaison function of the Committee is not limited to the handling of complaints, nor is it intended to supplant any other channels of communication established or normally observed, between the City and the Club. CLUB'S RIGHT TO CURE ANY ALLEGED DEFAULT WITHIN 30 DAYS OF WRITTEN NOTICE 27. A default in the performance of a promise, covenant, or obligation shall constitute a breach of this lease; provided, however, that such default shall not constitute such breach as to terminate this lease until and after the Club fails to cure or to take reasonable measure to cure such default within thirty (30) days after written notice of default has been served upon the Club. The City covenants that in the event this lease is assigned to a mortgagee or mortgagees, as is herein provided, the City will likewise give written notice to such mortgagee or mortgagees of said default and shall afford such mortgagee or mortgagees the same period of time within which such default may be cured without termination of this lease; however, no such notice shall be necessary unless such mortgagees shall have previously requested such notice in writing to the City, in which event the failure of the City to give notice to any mortgagee shall not limit its right to declare a default and termination of the lease. 9 fP I I PINELLAS COUNTY rLA, Orr .~EC,8K 11114 PG 1854 UPON DEFAULT LEASE IS TERMINATED AND CITY MAY PURCHASE ASSETS 28. If any default is not cured after notice, as above provided, either by the Club or any mortgagee or assignee, then and in such event this lease shall be terminated and the Club will become a tenant at will and the City will be entitled to purchase such assets necessary for the operation of the golf course at fair market value. TERMINATION 29. City may terminate this lease with thirty (30) days written notice to the Club if Club violates any provision of this lease or fails to cure any alleged default. City may also terminate this lease for any municipal purpose consistent with City Charter by giving one (1) year written notice to Club. HOLDOVER AFTER TERMINATION ON MONTH TO MONTH BASIS 30. If the Club, with the consent of the City, continues in possession of the leased property after expiration of the term of this lease, then the Club will be deemed to be holding the leased property on a month to month tenancy subject to all of the other provisions of this lease, but such tenancy by sufferance of the Club shall not be construed as a waiver of any right hereunder conferred upon the City. FAILURE TO ACT BY CITY NOT A WAIVER 31. Failure of the City to insist upon performance of any covenant hereunder shall not be deemed to be a waiver of the right to insist upon full performance at any subsequent time. AMENDMENTS MUST BE IN WRITING 32. Any additions or modifications to this lease shall be in writing and shall be executed by both parties and no oral agreement shall be effective to change or modify the terms of this lease. 10 IJfJ I I PINELLAS COUNTY rLA, Orr ,REC ,8K 11114 PG 1855 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CLEARWATER COUNTRY CLUB MANAGEMEN, T. INC'A .J By: p)~ e. U~ By: ~.. 7f ?/:]J ~ By: C1rF CLEARWATER C Michael J. Roberto City Manager Approved as to form: ~ -- John Carassas Assistant City Attorney S:/Agreement Forms/Club Lease Agreement 11 AIJ I EXIIJIHT ^ I PINELLAS COUNTY rLA, OFF ,REC ,8K 11114 PG 1858 The /lorLIII!aliL Ill, of the Soulhetllit 11/, of 'Section 10, Township 29 SOllth, Hange 15 Eu6t, Ie!;:; the \Jest 5 feet, less the North 15 feet, less the pnvemellt Clnd curb of Haple Street nnd lIillcrcHt Ilrive lylllg uilhin the South 30 feet or the East 30 feet alld lens the Seaboard System Hnilro<1d right-of-way. Together with the SOlltheiltit 111, of the Southeast Ill, of twid Sect1.ol1 10, less the SOllth 1209 feet 111.0.1. o[ the Ellst 30 fcet, leliS tl\(~ pavement LInd curb of 1I111cre:it Drive., lylnl~ w1thin the North 120 feet of the Enst 30 reet, less the South J) feet, 1IIIlI lesu Lhe \Jc:Jt 17 feel. Together with the Nortlll~cst 111, or the SOlllllHCHt 1/4 of SectJolI .1.1, Township 29 SOllth, Hnnge 15 En:.;t, less the East 123/. feet m.o.1. of,the South 30 feet, less the pavcment nnd curb of Haple Strect lying within Lllc \Jellt 90 feet of the South 30 feet, less the East 50 feet, lC:;:l the tlorth 15 fect, and less the Seaboard Systcm Railroad right-or-way. Lcss and exccpt Jlil1crest Addition Subdivision as recorded in P1ut !look 1/., Poge 119, of the Public Records of Pincllos County, Florida. . . , . (,CHS und except the following described trnct: commence at the NorthenHt corner . . of Lot 11 of stJid lIillcrest Addition j thence run \.lent nlon6 the North lllle of fluid Jlillcrest Addition 20 feet to lhe point of beginning; thence contlll\lC \.lest, along lHlid North line 100 feetj thence rlln North, along n 1.ine parallel to the ElIHt l1nc of said lIillcrest Addition, 250.5 feelj thence run Horthea:iLerly, J.51..92 feet, to a point on n line 360 feet North of and parallel lo the Horth Hne of said lIil1crest Addition j thence r\ln Ea[lt, alon~ :;al d Hne 69 feet, to Lhe \.lest right-of-way line of lI1l;hland Avenuej thence rlln SOllth, along Said \~e:;L rlght-of-wny line, 360 feet to the poin~ of beginning. Less lIlllJ except the following described tract: begin at 'the Southwest corner of Lot 4 of !wld 1111.lcrest Additionj thence rlln North alon& the I~estline of said lIillcrest Addll1on, 1.02.5 feetj thence run Southwesterly, 71.1.1 feet, to a po.lnt on n .line 6/17 feet I~est of and parallel to the l.Jest line of said lIillcrest Addilionj thence run South, u10ng soid 1ille, III feet to the Hurd. right-of-way line of Haple Streetj thence run East, along said North . 'right-of-wuy Une, 647 feet to the point Qr beginning. Less and except the following described trilct: commence at the intersecu.oll of the centerline or the Sellboard System Railrond tight-of-woy and the centerline of Betty Lune, as shown on the Plat of C~untry 'Club Addition, os recorded in Plot llook 7, I'al\e 36, of the'Public Records of Pinellos County, Florida; thence run along said centerline of the Seaboard System Railroad right-of-way nnd a curve to thc left, chord bearing,N 00043'37" E,' 339.12 feetj thence conLinlle ulong suid centerline, N 77035'57" E, 03./,/, feet, ~o the point of beginnlilp,j thence run S 603J'43" E, 537.60 feet; thence run S 5101,6'23" E, 1.0.51 fecti thence run N 65"05'57" E, 311.30.feetj thence run N 21020'/,0" E 610.59 feet to the ccnterlIne or said Seaboard System Railroad right-of-wayj thence run 'nlong saId centerline and a curve to the r:lght, chord beodng S 76025'57" I~, 13rl.UJ _ feetj thence conLinue along said cent'erline S 77035'57" I~, 402./,0 feet to the point of beginning, less the Seaboanl System Ruilrolld right~of-way. Together Lhe fo.110ldng rights amI easements, namely: A dght-of-way in cOlllmon with the party of the first purt for roud or street purposes to und -11'0111 said pat"cel conveyed over lInd along 3 strip of land forty 'feet wide runnIng parallel to /Inti immediately sOllth of the rlght-of-wuy of the Sellboord Sy:;telll Hililrood, extendlng frolll Detty Lane on the I~est to the llbove descrIbed Lr<lct Oil tile E(I st. "I - ... t . . ~ ." LI~ ] -....-; EXHIBIT B PINELLAS COUNTY rLA, Orr ,REC ,8K 11114 pc:; 1857 BEGIN at the intersection of the center line of Scaboard Airline Railway Co., and Betty Lane as shown on plat of COUNTRY CLUB ADDITION as recorded in Plat Book 7, page 36, Pinellas County Records and jun thence along said Seaboard Airline Railway Co., center line and a curve to the left, chord bearing N 8dP 43' 37" E, 339.12 ft.; TIIENCE along said ccnter line N 770 35' 57" E, 83.44 ft. forP.O.B. THENCE S 60 33' 43" E, 537.60 ft.; THENCE S 510 46' 23" E, 48.51 ft.; lllENCE N 650 05' 57" E, 311.38 ft.; TIIENCE N 210 20' 48" E, 610.59 ft., to center line of said Seaboard Airline Railway Co., lliENCE along curve to right and said center line, chord bearing S 760 25' 57" W, 136.83 it.; TIlENCE S 770 25' 57" W along said cent er line 482.48 ft. to P.O.B., less Seaboard Airline Railway Co., right-of-way. ~