ASSIGNMENT, ASSUMPTION AND MODIFICATION AGREEMENTThis Instrument Was Prepared by:
Richard E. Deutch, Jr., Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
MORTGAGE, NOTE AND OTHER LOAN DOCUMENTS
ASSIGNMENT, ASSUMPTION AND MODIFICATION AGREEMENT
This Mortgage, Note, and Other Loan Documents Assignment, Assumption and
Modification Agreement ("Agreement") is made and entered into as of this r744' day of December,
2021, by and among GREENWOOD APARTMENTS, LLC, a Florida limited liability
company, with an address at c/o HallKeen Management Inc., 1400 Providence Highway, Suite
1000, Norwood, Massachusetts 02062 ("Seller"), PALMETTO PRESERVATION, LTD., a
Florida limited partnership ("Purchaser"), with an address of c/o HallKeen Management Inc., 1400
Providence Highway, Suite 1000, Norwood, Massachusetts 02062, and CITY OF
CLEARWATER, a municipal corporation of the State of Florida, with an address at 600
Cleveland Street, Suite 600, Clearwater, FL 33756 ("Lender").
RECITALS:
A. Lender previously made a loan (the "Original Loan") to Seller as evidenced by a
Promissory Note executed as of April 1, 2002, by Seller in favor of Lender in the stated
principal amount of $700,000.00 (the "Original Note"), which Original Promissory Note
was modified pursuant to that certain Modified Promissory Note (the "Modified Note")
dated May 27, 2005, which increased the Original Loan amount to One Million Dollars
($1,000,000) (the "Modified Loan"), which Modified Note was amended and restated
pursuant to that certain Amended and Restated Promissory Note (the "Amended and
Restated Note" and, together with the Original Note and the Modified Note, collectively,
the "Note"), dated May 14, 2012, which Amended and Restated Note increased the
Modified Loan amount to One Million Two Hundred Nine Thousand Sixty -Two Dollars
($1,209,062.00) (the "Loan"), and which Note is secured by that certain Mortgage and
Security Agreement, dated April 3, 2002 (the "Original Mortgage"), and recorded on April
4, 2002, in Official Records Book 11928, Page 2494, of the Public Records of Pinellas
County, Florida (the "Public Records"), as affected by that certain Subordination
NOTE TO RECORDER: Pursuant to this Agreement, the Purchaser is assuming the obligations of the
Note and Mortgage (as defined herein) arising from and after the stated date hereof. The Note has an
outstanding principal balance of $ , without enlargement for accrued and unpaid interest.
Pursuant to Section 420.513 of the Florida Statutes and Rule 12B-4.054(26) of the Florida Administrative
Code, no Florida documentary stamp tax or nonrecurring intangible tax is due hereon.
Agreement, recorded on April 4, 2002, in Official Records Book 11928, Page 2476, of the
Public Records, and as modified by that certain Mortgage Modification Agreement and
Receipt of Future Advance dated May 14, 2012 (the "Modified Mortgage" and, together
with the Original Mortgage, collectively, the "Mortgage"), (collectively, the "Loan
Documents"), and recorded on May 15, 2012, in Official Records Book 17582, Page 2508,
of the Public Records.
B. The Seller is selling, transferring, and conveying to the Purchaser that certain real
property described on Exhibit "A" attached hereto (the "Property"). Seller is assigning
and Purchaser is assuming the obligations and indebtedness evidenced by the Note and the
obligations of Seller under and pursuant to the terms of the Loan Documents, in each case,
from and after the date hereof, as more fully provided herein.
C. Lender is willing to consent to such sale, transfer, and conveyance of the Property,
provided that Purchaser shall assume the obligations and indebtedness as evidenced by the
Note and the obligations of Seller pursuant to the Loan Documents in favor of Lender in
connection herewith, as more fully provided herein.
NOW, THEREFORE, for and in consideration of the sum of Ten U.S. Dollars ($10.00),
Lender's consent to the sale, transfer, and conveyance of the Property to Purchaser, Purchaser's
assumption of the obligations of Seller pursuant to the Note and the Mortgage, as more fully
provided herein, the mutual covenants and agreements of the parties contained herein, and other
good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged
by the parties, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
by reference for all purposes as if fully set forth herein.
2. Status of Loan. As of the date hereof, (i) the unpaid principal balance of the Note
is $1,297,483.63, (ii) the Loan is in good standing and to the best of Lender's knowledge,
there is no uncured material Event of Default under any of the Loan Documents, and (iii)
to the best of Lender's knowledge, all interest, reserves, fees, costs or other expenses due
to Lender in connection with the Loan have been paid in full.
3. Assumption of Liability. Seller hereby assigns and Purchaser hereby assumes the
Loan Documents, and Purchaser hereby assumes and agrees to pay the obligations and
indebtedness evidenced by the Note in accordance with the terms of the Note together with
all obligations arising under the Loan Documents, in each case, from and after the date
hereof. Purchaser acknowledges that the Property shall remain and be subject to the the
Loan Documents and that nothing contained in this Agreement or otherwise shall affect the
lien priority of the Mortgage and the other Loan Documents over any other liens and
encumbrances against the Property. Purchaser further agrees to assume and be bound by
all of the terms, conditions, agreements, and covenants contained in the Loan Documents,
arising from or after the date hereof and shall as of, from, and after the date hereof be fully
liable for payment of the Note and performance of the obligations of Seller under and
2
pursuant to the Loan Documents, arising from or after the date hereof. Purchaser agrees to
be bound by the terms of the Mortgage, as modified herein.
4. Note Revisions. The Note has been modified as set forth in that certain Second
Amended and Restated Promissory Note of even date herewith between Purchaser and
Lender, such that the Note has a maturity date of the sooner of (a) forty-five (45) years
after the date hereof, and (b) the repayment of that certain HOME Loan from the Housing
Finance Authority of Pinellas County, Florida (the "HFA") to Purchaser in the amount of
$900,000 (the "HOME Loan"). The Note shall be due and payable, full principal sum plus
interest accrued, on or before the maturity date. The Note is further amended to provide
that annual payments will be required only if sufficient cash-flow, as defined in the Note,
exists to pay the Note. In those years in which cash-flow is insufficient for Purchaser to
make the annual mortgage payments, Purchaser, shall provide Lender with an audited
financial statement, from an independent third party substantiating that there is insufficient
cash-flow to make the annual payment due under the Note. During the first thirty-six (36)
months of the term, any and all payments will be made toward repaying that certain Loan
from Seller to Purchaser in the amount of $10,726,624 ("Seller Loan"). Thereafter, in those
years in which there is sufficient cash-flow to pay the annual loan payment, such payment
shall be made:
a. First, to any unpaid interest accrued on the Promissory Note evidencing the
Seller Loan and to the deferred developer fee until paid in full; and
b. Second, fifty percent (50%) to repay the Seller Loan, and fifty percent (50%)
pro rata to repay the Loan, and that certain loan from the HFA to Purchaser in
the amount of $285,168.99 until repaid in full.
5. Mortgage Revisions. The Mortgage is hereby amended by modifying any and all
references to the Note, to be the Note, as modified by that certain Modified Promissory
Note, dated May 27, 2005, as further modified by that certain Amended and Restated
Promissory Note, dated May 14, 2012, and as further modified by that certain Second
Amended and Restated Promissory Note, dated as of even date herewith. The Amended
and Restated Promissory Note renews the outstanding amount of the Note and extends the
maturity date as set forth above.
6. Release of Seller. Lender agrees that upon closing of the transaction contemplated
by this Agreement, Lender hereby expressly releases Seller from its liability for payment
of the indebtedness evidenced by the Note and for performance of any of the obligations
under the Loan Documents.
7. Consent to Transfer. Lender hereby consents to the transfer of the Property from
Seller to Purchaser and, to the extent that Lender has any right to accelerate the unpaid
principal balance of the Note by reason of such transfer to Purchaser, Lender waives such
right. It is agreed, however, that this waiver is made solely for the benefit of Purchaser and
shall not constitute a waiver or modification of any requirement of obtaining Lender's
consent to any future transfer of all or any portion of the Property, or a release of any other
or further right which Lender may have under the Loan Documents upon any subsequent
3
sale of all or any portion of the Property by Purchaser or otherwise. In addition, Lender
hereby consents to Purchaser's transfer of its membership interest in accordance with the
terms of Purchaser's Amended and Restated Agreement of Limited Partnership dated as of
December 1, 2021.
8. Assignment of Rights to Escrows. To the extent that Seller has any right, title,
and/or interest in or to any escrows or impounds created and/or maintained pursuant to the
terms of the Loan Documents, Seller, for valuable consideration received, transfers and
assigns to the Purchaser any and all right, title, and interest in and to such escrows or
impounds, subject, however, to the rights, liens, and security interests of Lender pursuant
to the Loan Documents.
9. Representations and Warranties. In consenting to the assumption contemplated
herein, Lender is relying on the following representations and warranties made by the party
indicated:
(a) Seller warrants and represents to Lender as follows:
(i) Seller is a limited liability company duly organized,
validly existing, and in good standing under the laws of the State of
Florida, and has all requisite power and all government certificates
of authority, licenses, permits, qualifications, and documentation to
own, lease, and operate its properties and to conduct its business as
now being and as proposed to be conducted;
(ii) Seller has full and lawful authority and power to
execute, acknowledge, deliver, and perform this Agreement; and
this Agreement constitutes the legal, valid, and binding obligations
of Seller, and any other parties thereto, enforceable against Seller in
accordance with its respective terms, except as limited by applicable
law;
(iii) Seller's taxpayer identification number is
1, and Seller is not a foreign corporation, a
foreign partnership, a foreign trust, or foreign estate within the
meaning of Section 1445 of the Internal Revenue Code of 1954, as
amended; Seller's principal place of business and office address are
as stated in the preamble to this Agreement; Seller understands that
the representations made in this paragraph are given under penalty
of perjury and may be disclosed to the Internal Revenue Service of
the Treasury Department of the United States.
(b) Purchaser warrants and represents to Lender as follows:
(i) Purchaser is a limited partnership, duly organized,
validly existing, and in good standing under the laws of the State of
Florida, and has all requisite power and all government certificates
4
of authority, licenses, permits, qualifications, and documentation to
own, lease, and operate its properties and to conduct its business as
now being and as proposed to be conducted;
(ii) Purchaser has full and lawful authority and power to
execute, acknowledge, deliver, and perform this Agreement; and
this Agreement and the Loan Documents, as assumed and modified
pursuant to the terms of this Agreement, and all other documents or
instruments executed by Purchaser in connection with the
transactions contemplated hereby, constitute the legal, valid, and
binding obligations of Purchaser, and any other parties thereto,
enforceable against Purchaser and such other parties in accordance
with their respective terms, except as limited by applicable law;
(iii) Purchaser's taxpayer identification number is
1, and Purchaser is not a foreign corporation, a
foreign partnership, a foreign trust, or foreign estate within the
meaning of Section 1445 of the Internal Revenue Code of 1954, as
amended; Purchaser's principal place of business and office address
are as stated in the preamble to this Agreement; Purchaser
understands that the representations made in this paragraph are
given under penalty of perjury and may be disclosed to the Internal
Revenue Service of the Treasury Department of the United States.
(iv) The execution, delivery, and performance of this
Agreement and/or the assumption of the indebtedness and obligation
evidenced by the Note and the obligations created pursuant to the
Loan Documents will not result in any breach of any material
agreements to which Purchaser is a party, or effect to Purchaser's
business in any material manner, or which may impair Lender's
rights under the Loan Documents, constitute a default under any
material agreements to which Purchaser is a party, or result in the
imposition of any lien or encumbrance upon any property of the
Purchaser under any arrangement, agreement, or other instrument to
which Purchaser is a party or by which it is bound or affected and
material to it or its operations, or violate or contravene any provision
of Purchaser's operating agreement;
10. Release. Seller hereby releases Lender and its officers, directors, employees,
agents, and attorneys of and from any and all past and present claims, demands, damages,
causes, losses, expenses, actions, and causes of action including, without limiting the
generality of the foregoing, any and all known and unknown injuries and damages with
respect to or arising out of (i) the transactions represented by the Loan Documents, (ii) the
administration of the Loan evidenced by the Loan Documents, or (iii) all matters related to
the Loan in any respect. Seller hereby expressly understands and agrees that this release
and waiver extends to all claims of every nature whatsoever, known or unknown, suspected
5
or unsuspected, existing, claiming to exist, or which may hereafter arise out of or result
from, or be connected with, the matters and things covered as described herein. The rights
and defenses being waived and released hereunder include without limitation any claim or
defense based on the Lender having charged or collected interest at a rate greater than that
allowed to be contracted for by applicable law; provided, however, that in no event shall
such waiver and release be deemed a change to, or modify the terms of, the Loan
Documents that provide that sums paid or received in excess of the maximum rate allowed
by applicable law, as amended from time to time, shall reduce the principal sum due, such
provision to be in full force and effect.
11. Modification of Defined Terms. From and after the date of this Agreement, (i) all
references in the Loan Documents to "Borrower" or "Mortgagor" shall be deemed to refer
to Purchaser, (ii) all references in the Environmental Indemnity to "Knowledge" (and
similar terms) shall be deemed to refer to the actual knowledge of Purchaser.
12. Addresses for Notices. The parties hereto agree that, notwithstanding anything to
the contrary contained in the Loan Documents, as of, from, and after the date of execution,
delivery, and recording hereof, the appropriate addresses for notices under the Loan
Documents shall be as set forth in the preamble to this Agreement with copies to RSEP
Holding, LLC, c/o Red Stone Equity Partners, LLC, 1100 Superior Avenue, Suite 1640,
Cleveland, Ohio 44114, Attention: Executive Director/General Counsel, and to Nixon
Peabody LLP, Exchange Place, 53 State Street, Boston, MA 02109, Attention: Roger
Holmes.
13. Ratification. Except to the extent modified by this Agreement, the terms and
conditions of the Loan Documents are hereby ratified and affirmed and shall remain in full
force and effect. Purchaser hereby reaffirms that all representations and warranties and
covenants set forth in the Loan Documents are true and correct in all material respects
effective as of the date of this Agreement, provided, however, that all such representations,
warranties and covenants are deemed to have been made as of the date of this Agreement.
14. Property Manager. As of the date of this Agreement, Lender approves the
termination of the Property Management Agreement dated June 27, 2014 with HallKeen
Management Inc. and approves a new Property Management Agreement with HallKeen
Management Inc. dated as of December 9, 2021.
15. Further Assurances. Should Lender so request, Seller and Purchaser agree to
execute such other or further documentation, or perform such other acts, as may be
reasonably necessary to better effectuate and carry out the purposes of this Agreement and
the assignment and assumption evidenced hereby and of the Loan Documents.
16. Costs. Purchaser shall pay all costs of the transaction evidenced hereby entered
into in connection with the Loan, to include without limitation reasonable attorneys' fees
and recording and filing fees. Such costs shall be due upon execution hereof and the
payment thereof shall be a condition precedent to Lender's consent contained herein.
6
17. Limitation of Liability. Except as set forth in the next paragraph of this Section,
but otherwise notwithstanding anything to the contrary in the Mortgage or the Note, the
Lender expressly agrees that the liability of Purchaser shall be strictly and absolutely
limited to the property encumbered by the Mortgage, namely, the Project (including, but
not limited to, the leases, rents profits and issues thereof) and any other collateral now or
hereafter securing the Loan. If an event of default shall occur, the Lender shall not and may
not seek any judgment for a deficiency or for the payment of principal or interest of the
indebtedness secured hereby, against Purchaser or any members of Purchaser (in their
capacity as members) in any action to foreclose, to exercise a power of sale, to confirm any
foreclosure or sale under power of sale, or to exercise any other rights of power under or
by reason of the Loan Documents evidencing or securing the obligations of the Purchaser
with respect to the Loan except to the extent required in order to proceed with judicial
proceedings to foreclose the Mortgage or any other Loan Document or except for a
judgment or decree of specific performance of agreements and covenants under the Loan
Documents, other than Lender Loan payment covenants. In the event any suit is brought
on the Loan Documents, or concerning the Loan or any amount secured by the Mortgage
or other Loan Documents as part of judicial proceedings to foreclose the Mortgage and/or
any other security interest granted to the Lender, or to confirm any foreclosure or sale
pursuant to power of sale thereunder, any judgment obtained in such suit shall constitute a
lien on and will be and can be enforced only against, the property encumbered by the
Mortgage and the other Loan Documents, and the leases, rents, profits and issues thereof
and not against any other asset of the Purchaser or any members of the Purchaser, and the
terms of such judgment shall expressly so provide.
Notwithstanding anything herein to the contrary in the Note, the Purchaser shall be
personally liable for, and the Lender shall have the right to seek a judgment for, money
damages (including a deficiency judgment) to enforce or collect any or all of the following:
(1) the fees of the Lender, including but not limited to reasonable legal fees and
out-of-pocket costs and expenses of the Lender's counsel incurred in connection with the
interpretation or enforcement of the Mortgage, the Note or the Loan Documents;
(2) indemnification provisions in favor of the Lender set forth in the Loan
Documents (but excluding any indemnity provisions which would result in the payment of
principal and interest under the Loan);
(3) liability under any guaranty entered into with the Lender;
(4) the leases, rents, profits and issues of the Project following any payment
default (without regard to the expiration of any cure period, if any) to the extent misapplied;
(5) liability for intentional waste, destruction or damage to the Project or any
part thereof;
(6) tenant security deposits, to the extent not properly accounted for, or prepaid
rent, to the extent misapplied;
7
(7) the cost to restore the Project as a result of a casualty if the net available
insurance proceeds are allowed to be applied to restoration, to the extent that the costs of
such restoration is not reimbursed by insurance; and
(8) any liability, damage, cost or expense incurred by Lender as a result of any
fraud, material misrepresentation or bad faith by Purchaser.
No provision of any Loan Document shall be deemed to waive, amend or modify
the recourse obligations set forth herein unless such provision expressly references this
Section.
18. Merger. Neither Lender nor any of its employees, attorneys, representatives, or
other agents has made any representations, covenants, promises, or warranties with respect
to the subject matter hereof, express or implied, except as explicitly set forth herein, and
no rights or privileges are or shall be acquired by Purchaser or Seller by implication or
otherwise, except as expressly set forth herein. .
19. Paragraph Headings. The paragraph headings used herein are for convenience of
reference only and are not to be used in the construction or interpretation hereof.
20. Governing Law. This Agreement shall be governed, interpreted, and construed
by, through, and under the laws of the State of Florida, excepting, however, its laws or
principles regarding choice of laws or conflicts of laws.
21. Construction. As used herein, the neuter gender shall include the masculine and
the feminine genders and vice versa, and the singular the plural, vice versa, as the context
demands.
22. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the parties hereto, as well as their respective successors and assigns, heirs, and personal
representatives.
23. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original but all of which taken together shall constitute one
and the same instrument.
24. Waiver of Jury Trial. SELLER, PURCHASER, AND LENDER HEREBY
WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT THEY
MAY HAVE TO TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, OR
COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE,
RELATING DIRECTLY OR INDIRECTLY TO THE INTERPRETATION,
CONSTRUCTION, VALIDITY, ENFORCEMENT OR PERFORMANCE OF THIS
AGREEMENT OR THE INDEBTEDNESS EVIDENCED BY THE NOTE; OR ANY
ACTS OR OMISSION OF SELLER, PURCHASER, AND LENDER, OR THEIR
OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION WITH ANY
OF THE FOREGOING.
8
[Signatures Appear on Following Pages]
9
IN WITNESS WHEREOF, the Seller has executed this Mortgage, Loan Agreement, Note,
and Other Loan Documents Assignment, Assumption and Modification Agreement as of the day
and year first above written.
WITNESSES: SELLER:
Print name:
Print name:
STATE OF
COUNTY OF
GREENWOOD APARTMENTS, LLC,
a Florida limited liability company
By: HK Palmetto LLC, a
Massachusetts limited liability
company, its manager member
By:
Name:
Title:
THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical
presence or 0 online notarization, this day of , 2021, by
, as of HK Palmetto LLC, a Massachusetts limited
liability company, as manager member of Greenwood Apartments, LLC, a Florida limited liability
company on behalf of the company. Such person is personally known to me or has
produced _ as identification.
Notary Public
(Printed Name of Notary)
[SIGNATURE PAGE TO ASSUMPTION AGREEMENT]
IN WITNESS WHEREOF, the Purchaser has executed this Mortgage, Loan Agreement,
Note, and Other Loan Documents Assignment, Assumption and Modification Agreement as of
the day and year first above written.
WITNESSES: PURCHASER:
PALMETTO PRESERVATION, LTD.,
Print name: a Florida limited partnership
Print name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
By: HK Palmetto Holdings LLC, a
Massachusetts limited liability
company, its general partner
By:
Andrew P. Burnes, Manager
THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical
presence or 0 online notarization, this day of , 2021, by Andrew P.
Burnes, as Manager of HK Palmetto Holdings LLC, a Massachusetts limited liability company,
the general partner of Palmetto Preservation, Ltd., a Florida limited partnership, on behalf of the
partnership. Such person is personally known to me or has produced
as identification.
Notary Public
(Printed Name of Notary)
[SIGNATURE PAGE TO ASSUMPTION AGREEMENT]
IN WITNESS WHEREOF, the Lender has executed this Mortgage, Loan Agreement, Note,
and Other Loan Documents Assignment, Assumption and Modification Agreement as of the day
and year first above written.
WITNESSES:
rank Hibbard, Mayor
Approved as to Form:
althAt-
Laura Mahony
Senior Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER:
CITY OF CLEARWATER, FLORIDA
By: 16,-16..4,�t'• L
Jon P. Jennings, City Man 'ltger
Attest:
Rosemarie Call
City Clerk
THE FOREGOING INSTRUMENT was acknowledged before me by means of Vphysical
presence or 0 online notarization, this (pT^ day of Dec$rv'MP,C , 2021, by
Son P. Stinr\►]nys , as Gr -\-I +.kuvvirtec- of the City of Clearwater,
Florida, on behalf of the City of Clearwater, Florida. Such person ✓ is personally known to me
or has produced as identification.
. gee Scott Burrows
Azt.• • •= COMMISSION # GG261179
EXPIRES: October 1, 2022
Bonded Thru Aaron Notary
'!'Milt
Notary Public
coo- �u,-VYtS
(Printed Name of Notary)
[SIGNATURE PAGE TO ASSUMPTION AGREEMENT]
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
All that certain parcel of land lying and being in the County of Pinellas, State of Florida,
more particularly described as follows:
The Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 10, Township 29
South, Range 15 East, LESS AND EXCEPT each of the following: The North 122 feet of the
West 175 feet thereof, and the portion thereof described as: Begin at the Southwest corner
of said Southwest 1/4 of Southeast 1/4 of Northwest 1/4 for Point of Beginning; and run
thence North 0°7'41" East 663.23 feet along the fractional section line; thence South
89°23'29" East 13.6 feet; thence South 0°4'7" East 643.96 feet; thence along a curve to
the left whose chord bears South 44°372V' East 21.45 feet and whose radius is 15 feet;
thence South 89°167" East 633.86 feet; thence South 0°6'30" West 2.9 feet; thence North
89°23'8" West 664.76 feet to Point of Beginning, lying and being in Pinellas County, Florida.
AND LESS AND EXCEPT THE FOLLOWING PARCEL:
A portion of the Northwest 1/4 of Section 10, Township 29 South, Range 15 East, Pinellas
County, Florida, more particularly described as follows:
From the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 10,
Township 29 South, Range 15 East, run North 30.0 feet; thence East 30.0 feet for a Point of
Beginning; thence S 89°23'45.35" East, 60.00 feet; thence N 50°00'00.00" West, 30.0000
feet; thence N 15°00'00.00" West, 100.00 feet; thence N 05°00'00.00" West, 115.7269
feet; thence S 00°15'36.94" West, 230.5325 feet to the Point of Beginning.
PARCEL 2:
Lots 13 and 14, Block B, of NO. 1 SPRINGFIELD SUBDIVISION, LESS AND EXCEPT the
South 6 feet of said Lot 13, according to the Map or Plat thereof, as recorded in Plat Book 3,
Page 56, of the Public Records of Pinellas County, Florida.
PARCEL 3:
A portion of the North 122 feet of the West 175 feet of the Southwest 1/4 of the Southeast
1/4 of the Northwest 1/4 of Section 10, Township 29 South, Range 15 East, Pinellas County,
Florida, being further described as follows:
From the Northwest corner of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4
of Section 10, Township 29 South, Range 15 East, Pinellas County, Florida; thence South
89°09'34" East along the Northerly boundary thereof a distance of 175.00 feet; thence
South 00°14'59" West, 112.91 feet to the Point of Beginning; thence continue South
00°14'59" West, 9.09 feet; thence North 89°09'34" West, 13.60 feet; thence North
56°53'48" East, 16.28 feet to the Point of Beginning.
#9999234 v5