HILLSBOROUGH COUNTY (2)
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Revision Date: December 28, 1994 6:11pm
FIRST AMENDMENT TO CONTRACT FOR PURCHASE
7~his FIRST ~~T TO THE CONTRACT for purchase dated this
UC/ day of U 1995, between the CITY OF
CLEARWATER, a Municipal corporation, (the "seller"), having a
mailing address of P. O. Box 4748, Clearwater, Florida 34618-
4748, and HILLSBOROUGH COUNTY, a political subdivision of the
state of Florida, (the "Buyer"), having a mailing address of P.o.
Box 1110, Tampa, Florida 33601; and STEWART TITLE OF CLEARWATER
(the "Escrow Agent"), having a mailing address of 32722 U.S. 19
North, Palm Harbor, Florida 34684.
WITNESSETH
WHEREAS, on May 4, 1994, the Hillsborough County Board of
county commissioners approved the purchase agreement between the
Seller and Buyer, included as Exhibit "A" (the "Contract") for a
tract of land (the "Property"), in which Paragraph 8 (Hazardous
Substances and Environmental Audit) provides that the Seller with
up to one hundred eighty days to perform additional testing and
other actions to address any concerns expressed by the Buyer; and
WHEREAS, the Buyer has requested that the Seller address
soil and groundwater contamination, it has been determined by the
Seller that it will require additional time to perform the
necessary research, remediation and regulatory approvals to
address this concern, the Seller and the Buyer would like to
modify the Contract to permit this extension; and
WHEREAS, in conjunction with this purchase the Seller is
providing funding towards the restoration of the Property in
accordance with Paragraph 14 (Restoration Plan and Restoration
Funding), it will not be possible for the Buyer to comply with
this schedule, the Seller and the Buyer would like to modify the
schedule; and
WHEREAS, the Purchase Price of the Property was based on
Three Hundred Ninety One (391) Acres, Paragraph Seventeen
(Acreage Adjustment) specifies that the final purchase price will
be adjusted based on the final survey with the Buyer having a
right to terminate the Contract if there is more than a Twenty
(20) acre increase, the Final survey of the property has
determined that the Property contains Four Hundred Ten and
Fifteen Hundredths (410.15) acres, the Seller and Buyer desire to
acknowledge the surveyed acreage and the adjusted purchase price;
and
WHEREAS, the Buyer would like to have access to the Property
to initiate research, testing, or other similar actions for the
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Buyer's use of the Property as a natural preserve, restoration of
natural systems, and placement of a park ranger/security officer
on the Property.
NOW THEREFORE, in consideration of the mutual benefits
accruing to each party, it is agreed that the Contract shall be
amended to add the following paragraphs:
1) PARAGRAPH 18. EXTENSION FOR ADDITIONAL TESTING.REMEDIATION
AND REGULATORY REVIEW FOR HAZARDOUS
SUBSTANCES:
In conjunction with Paragraph Eight (8), "Hazardous
Substances and Environmental Audit", the Buyer has provided
the Seller with the "Audit Exceptions". Seller and Buyer
agree to extend the term of the Contract for up to Three
Hundred Sixty Five (365) days from the effective date of
this amendment for the Seller to accomplish the necessary
research, testing, or other actions to correct any Audit
Exceptions and submit to the Buyer the appropriate
documentation and/or evidence that the Audit Exceptions have
been corrected to the Buyer's satisfaction. The Buyer will
have Forty Five (45) days to review this documentation
and/or evidence to determine, in the sole opinion of the
Buyer, if the Audit Exceptions have been corrected. within
the aforementioned Forty Five (45) days the Buyer will
advise the Seller that (a) the Audit Exceptions have been
corrected and closing will occur within Twenty (20) working
days after the Seller's receipt of this notice, or (b) the
Buyer, in its sole opinion, has determined that the Audit
Exceptions have not been corrected and the Seller is to
continue with the necessary actions to resolve the Audit
Exceptions. If Seller determines by the Three Hundredth
(300th) day that it may be unable to cure the Audit
Exceptions to the satisfaction of the Buyer, then Seller
shall within the last Sixty (60) days of the aforementioned
Three Hundred Sixty Five (365) days, shall notify Buyer in
writing and Buyer shall have the option of (a) terminating
this Contract at which time all deposited funds with accrued
interest, if any, shall be returned to Buyer, (b) accepting
the Property in its current condition with no further
corrective action by the Seller, or (c) extending the period
in which to correct the Audit Exceptions to a mutually
acceptable date by which to correct the Audit Exceptions.
The Buyer will have Twenty (20) days in which to exercise
this option and if the Buyer fails to notify the Seller or
if the Seller and Buyer cannot establish a mutually
acceptable date for the Seller to correct the Audit
Exceptions then it will be deemed that the Buyer has
exercised the option to terminate the Contract. If Buyer
elects to terminate this Contract pursuant to Paragraph 8,
Seller's sole obligation shall be to refund to Buyer the
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Deposit with accrued interest, if any, and upon the making
of such refund this Contract shall terminate and be of no
further force and effect and none of the parties hereto
shall have any further obligation under this Contract.
Notwithstanding, the provisions of paragraph 10 (Effects of
Default) hereof, termination of this contract shall be
Buyer's sole remedy if Seller fails to correct any Audit
Exception relative to the Buyer's purchase of the Property.
The Seller acknowledges that the Buyer may have statutory
obligations that are not controlled, restricted or
terminated by this Contract.
2)
PARAGRAPH 19
SCHEDULE MODIFICATION FOR RESTORATION PLAN
AND RESTORATION FUNDING:
The Seller and Buyer acknowledge the modification of
Paragraph 14 "Restoration Plan and Restoration Funding" to
reflect that
a) the "Restoration Account Statement" will cover the
term from closing until september 30, 1996
b) the Restoration Plan will be provided within One (1)
year of Closing or september 30, 1996, whichever occurs
first
c) the refund of the balance of the Restoration Account
will occur upon notification to the Seller from the
Buyer that the Restoration Plan is completed or October
1, 2005, whichever occurs first.
The purpose of these modifications is to address the
postponement of closing and scheduling dates specified in
Paragraph 14 of the original Contract. In conjunction with
this extension, the Seller hereby provides the Buyer with
access to the Property for the purposes of testing and
research associated with the placement of a residence for a
park ranger/security staff and restoration of natural
systems. The Seller grants this authorization under the
condition that the Seller will not be responsible for any of
the costs associated with the research or testing.
3) PARAGRAPH 20: FINAL ADJUSTED PURCHASE PRICE:
The Seller and the Buyer have accepted the final survey of
the Property and that this survey indicates that the
property contains Four Hundred Ten and Fifteen Hundredths
(410.15) acres. In accordance with paragraph Seventeen
"Acreage Adjustment", the Seller and Buyer agree that the
Purchase Price is to be increased by Fifty Eight Thousand
Seven Hundred Ninety Dollars ($5S,790.00) [{410.15 - 391} x
$3,070.00] for a final adjusted purchase price of One
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Million Two Hundred Fifty Eight Thousand Seven Hundred
Ninety Dollars ($1,258,790.00).
4) PARAGRAPH 21: ADDITIONAL COSTS:
The Seller and Buyer acknowledge that the Seller will be
responsible for any and all additional costs for title
insurance updates, if any, and all necessary environmental
work, including, but not limited to, testing, monitoring,
and remediation associated with the subject property. The
Buyer will be responsible for any additional costs (if any)
for recertification of the survey.
5) Except as amended above, all other terms and conditions of
the contract shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this
Contract as of the day and year first above written.
signed, sealed and delivered in the presence of:
Countersigned:
"SELLER"
CITY OF CLEARWATER
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By: ~ /#/4f-tt.L
City M ger
Approved as to form and
Correctness:
Attest:
~tf~t7
0-'~~I~Z. )A~, ..o<~
city Clerk ...:.',:;. : . -
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ATTEST:
RICHARD AKE
CLERK OF THE CIRCUIT COURT
"BUYER"
HILLSBOROUGH COUNT.Y, _ A. - - .
POLITICAL SUBDIVISION OF .
THE STATE OF FLORfDA(~~ .
BY:
Date:
WITNESSES:
"ESCROW AGENT"
STEWART TITLE OF CLEARWATER
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st. Germain
Office Manager
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~~~~\G~~~~~J Date:
BOARD OF COUNTY COMMISSIONERS
HILLSBOROUGH COUNTY FLORIDA 5
DOCUMENT No. q )-o{! 2--
Approved as to form
By~0~
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CLEARWATER
APPROXIMATE SITE AREA 500 Acres _
AREA UNDER CONTRACT 391 ACRES _
OTHER PRESERVATION ~
OTHER PUBLIC LAND _
PURCHASE PRICE (No Acquisition to Dote)'
NOTE: LQCA1lOH BOUNIliWES Nf1J IDJU<<S #lIE. N'PllO_TE
fOR MOAE DETALEll lNroRIIATlOH CO((ICf THE aN' PAIOCIWI.
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EXHIBIT "11."
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FINAL: April 7,1994
CONTRACT FOR PURCHASE AND SALE
This contract for Purchase and Sale made and entered into this If ti day
.of . fYl.AY , 1994, by and between the CITY OF CLEARWATER, a Municipal
COrporation {the, .~Seller" ).,' ha,ving ;'a mailing . add-ress o.t.. J? o. Box .4748,
. . _.' . . (;rl:earW~ter;' :Florida" 'J46'1;g~1.4a, .C!-nd IlILLfiBOROUGH'OOUNTY., . a 'political' subdi.vision.
. of the State' of Florida," (the "Buyer")'" having a mailing address of' P.O. Box
1110, Tampa, Florida 33601; and Stewart Title of Clearwater, (the "Escrow
Agent"), having a mailing address of 32722 u.S. 19 North, Palm Harbor, Florida
34684.
WITNESSETH:
That for and in consideration of the mutual promises and covenants herein
contained and mutual advantages accruing to the Seller and the Buyer hereunder
and the sum of FIVE THOUSAND DOLLARS ($5,000.00), (the "Deposit") paid by the
Buyer to the Escrow Agent the receipt of which (subject to collection) is hereby
acknowledged by the Escrow Agent, it is mutually covenanted and agreed by Seller
and Buyer as follows:
1. PROPERTY:
The Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to
purchase from Seller, those certain parcels of real property situated in
Billsborough County, Florida, described in Attachments "A" & "B" attached hereto
and incorporated herein by reference (the "property"), for the price and upon
terms and conditions as hereinafter set forth.
2. PRICE AND TERMS:
The full purchase price of the Property is ONE MILLION TWO HUNDRED THOUSAND
DOLLARS ($1,200,000.00). The purchase price shall be payable to Seller as
follows:
PURCHASE PRICE
$1,200,000.00
DEPOSIT
s
5,000.00
BALANCE PAID AT CLOSING
$1,195,000.00
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The balance shall be paid at closing by Hillsborough County Warrant drawn
upon Barnett Bank, N.A. or other financial institution acceptable to Seller and
Buyer, and is subject to adjustments and prorations described herein.
3. CLOSING:
Subject to the curative periods as provided in Paragraphs 6 (Title
Insurance), 7 (Survey), and 8 (Hazardous Substances and Environmental Audit), as
well as other conditions of this Contract, Seller and Buyer shall close the sale
under this Contract on or before One Hundred Twenty (120) days after the
effective date of this Contract.
4. CONVEYANCE:
Seller shall convey title of the Property to Buyer as follows:
(a) All lands described in Attachment "A" shall be conveyed by Special
Warranty Deed subject to the following exceptions (collectively, "permitted
except ions" ) :
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(3)
(c) In the event title to the property as described in the.Title Binder or
any endorsements ls, ln the 801e determination of the Buyer, not insurable for
any reason, Buyer shall within Twenty (20) days of receipt of said Title Binder,
endorsements, and receipt of the survey, as described in Paragraph 7, notify
Selle,r in writing of any unacceptable defects in title not previously waived (the
"Title Defects"). If such notification is not given by Buyer it shall be. deemed
that.thel!uyer has accepted the 1:iU.. to the Propertyali desc,ribed in the, t.\.tle,
b.illder'lIO:~eceivfld;' .. . '.. ...... .., ..,
In the event the Buyer notifies the Seller that there are Title Defects,
the Seller will have the option to either (a) proceed to correct the Title
Defects to the satisfaction of the Buyer at the expense of the Seller, or (b)
refuse to correct the Title Defects. Seller will have Twenty (20) days within the'
'receipt of the 'notification'frOll the Buyer as to Title Defect" to exercise this
option and in 'the event that the Seller" fails to notify the Buyer within the.
aforementioned Twenty (20) days it will be deemed that the Seller will exercise
the option to proceed to correct the Title Defects. In the event the Seller
notifies the Buyer that they do not intend to correct the Title Defects to the
satisfaction of the Buyer, the Buyer, in its sole discretion, shall have ~he
option of (a) terminating this Contract at which time all deposited funds w~th
accrued interest, if any, shall be returned to Buyer, or (b) accepting the
Property in its current condition with no corrective action by the Seller. The
Buyer will have Twenty (20) days frOll notification by Seller in which to exercise
this option and if the Buyer fails to notify the Seller within the aforementioned
Twenty (20) days then it will be deemed that the Buyer has exercised the option
to terminate the Contract. If Buyer .l.cte to terminate this Contract pursuant
to paragraph 6, Seller'. .01. obligation .hall be to refund to Buyer the Deposit
with accrued interest, if any, and, upon the _king of such refund this Contract
shall terminate and be of no further force and effect and none of the parties
hereto shall have any further obligation under this Contract.
Seller shall have a period of up to One Hundred Eighty (lBO) days after
exercising the option to correct the Titl. Defects within which to remove,
resolve, or cure any Title Defect .nd closing will occur within Twenty (20)
working daye after the Buyer has acknowledged that Seller has cured the Title
Defect. If seLler is unable to cur. any Titl. Defect then Seller shall within the
aforementioned On. Hundred Eighty (lBO) d.y., notify Buyer in writing and Buysr
shall have the option of (a) t.rminating this Contract at which time .11
deposited funds with accrued int.rsst, if .ny, .hall be returned to Buyer, (b)
accepting the Property in its current condition with no further corrective action
by the seller, or (c) ext.nding the period in which to correct the Title Defect.
to a mutually acceptable date. Th. Buy.r will have Tw.nty (20) days in which to
exercise this option and if the Buy.r fail. to notify the Seller or if the Sell.r
and Buyer cannot establish a mutually acc.ptable date for the Seller to correct
the Title Defects then it will be d.-d that the Buyer has exerci.ed the option
to terminate the Contract. If Buyer .l.ct. to terminate this Contract pursuant
to Paragraph 6, seller's sole obligation .hall be to refund to Buyer the Deposit
with accrued interest, if any, and upon the _king of such refund this Contract
shall terminate and be of no furth.r force and effect and none of the partie.
hereto shall have any further obligation under this Contract.
7. SURVEY,
On or before Ninety (90) days after the effective date of this Contract,
Buyer will request and receive a survey of the Property through the Hillsborough
County Survey and Mapping Section of the Engineering Service. Department to be
performed by a surveyor regi.tered as such under the laws of the State of
Florida. The survey will show all Property boundaries, permanent improvements,
approximate mean high waterline, ordinary high waterline, or safe upland line (if
Restrictions and easements of record
acceptable to Buyer.
Taxes for the year of closing and
subsequent years.
In accordance with Section 270.11, Florida
Statutes" a re.ervation. of an undivided
. tlu'ee .' fou'rtlJ-s .in,ter",.~ .' in. .11.. the
'phO,ilphat.i mi,,~a:lsi :&nI1, IlMitAl. ~at., ar.'~
iaaybe ili,. on,' Or under -t:he property and an
undivided one half interest in .11 the
petroleUlll that is or may be in, on, or
under Property with the privileqe to mine
and develop same.
. Any' additional exceptions must. be w~ived . and. acknowledged by the
appropriate party as specified in Paragraphs 6, 7, and 8.
(b) Any and all interest in the Property described in Attachment "B" shall
be conveyed by Quit Claim Deed, including the min.r.l rights r.served pursuant
to Section 270.11, Florida Statut.s, in .ccordanc. with the petition to release
the.. rights as requested in Paragraph 18 (lIal.... of Kiner.l .nd Petroleum
Intere.t). The Seller .cknowledge. th.t this conveyance i. being gr.nted at no
.-:1itional cost to the Buyer and th.t this conveyance is to a.sur. that any and
all ownership, current or potenti.l, that the Sell.r may have in this Property
has been conveyed to the Buyer.
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(2)
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seller shall pay the cost. of (.) the Titl. In.uranc. .. ..t forth in
paragr.ph 6, (b) the Environmental Audit ... ..t forth in Paragraph 8, (c)
recording the deeds of conv.yance, .nd (d) documentary .tamp. on the deeds of
cooveyance unless it is determined that both S.ll.r .nd Buyer are .x_pt and that
Florida Statues do not require the pa~nt of documentary .tamps on this
trans.ction. The Buyer will pay the cost. of (.) the Surv.y .s stated in
paragr.ph 7. Rental inCOlDll, t....., .nd ....._nt. .hall be prorated between
Buyer and Seller as of the d.te of clo.ing. Buy.r has not .ngaged the services
of any REALTOR or Broker and .h.ll not be r..pon.ibl. for any COIIIIli!,lIion, fee or
brokerage fee nor be liable to any REALTOR "or Brokei: for any .cOlllllission or
brokerage fee .s a result of the pIlrchase of the above described land by the
Buyer from the sell.r. S.ller will pay any commi.sion or brok.r.g. fee. Seller
will be responsible for the co.t to r...". any and .U tr..h, debris, and rubbish
from the Property and the cost to plug or cap any _lIon the Property as
directed by Buyer.
6. TITLE INSURl\NCE.
(a) Seller shall, at th.ir sole cost and expens., be re.pon.ibl. or cause
to be delivered at closing .n owner.. title insurance policy issued by a Florida
land title insurance company acceptable to Buyer wher.in title to the Property
is insured to the extent of the purchase price for .11 Property de.cribed in
Paragraph 4 (a) with only the permitted described exceptione.
_ (b) Seller will requeet and submit to Buyer a title in.urance binder
pertaining to the Property described in Paragraph 4 (.) as i..ued by a Florida
land title insurance company h.r.in called "Title Binder" and a fifty y.ar title
search, on or before Thirty (30) days after the date of thi. Contract.
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appilcabllll, and easements ,of record. The survey shall be' certified or
recertified not more than Ninety (90) days prior to cloaing to Sell.r, Buyer, and
E.crow Aqent, and show the approximate acr.age of the Property computed to the
n..reet tenth of an acre.
B. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL AUDIT.
The Seller cov.nant. that, to the best of th.ir knowledge and belief, no
hazardous substances, pollutant.,.contaminants, or hazardous wastes as defined
1n any applicable Federal, state, or Local laws, statutes, rules, and regulations
including, but not limited to, asbe.to"" PCB's and urea formaldehyde, have, been
generated, .rel.ased, ,stored 9l' d~p08itedov.r ,. .benejl'th or On t.h.. Property: or. in
'any' etructuree"lCu:ata4 ,on' tbe 'trt:>pertY 'frOl\l '&liY,' ilQl.lrce 'w}uotsQev.r . by' SelleC'.'Or:
by ite pi-edeceReor,; in int.re.e 'in the Property or by' any oth.r peredn or entity;
Seller has no knowledge of any buried, partially buried or above ground
tanks, etorag. v....le, cI.rwDa, or contain.re located on the Property or knowledge
of any releaee of,hazardoue materiale onto or into the Property. seller warrante
that during the' .t1llle tif their ownerehip of the' Property..no. hazardoue.waetee were
placed, reie.aeed, stored, buried, diepoeed, oi, 'dWllped onto the property. Seller,
will remove all traeh and debria from the Property prior to cloeing. The Buyer
will direct the Seller ae to the welle on the Property that will be capped and
thoee that will be plugged. All work performed for capping or plugging will be
done in accordance with the standards of the Southwest Florida Water Management
District.
If the survey shows (a) any encroachment. on the Property or. that an
imProvement, if' ,any, . loca,ted on. tile Property enorQach.e. on' ::other' .l!,nds
"]C>>ll,ectively; "EnCroaChmente",., or,1b) thlJt Chere"are, g&1>&, ,overleps,' 0"," other .
violatione of this Contr'act (collectively, "survey Defect."), notice to that
effect ehall be given to Seller within Twenty (20) daya of Buyere receipt of the
Surv.y. If euch notification is not given by Buyer it ehall be deemed that the
Buyer has accepted the Survey to the Property ae .0 received.
, 'In the'event,the Buyer' notifies the Seller,that there are Encroachments
and/or'Survey Defect"" the seller will have the option to eitJ.>er, (a) proceed to
correct the Encroachments and/or .survey Defecte at the sell.r'e expense to the
eatiefaction of the Buyer, or (b) refuse to correct the Encroachments and/or
survey Defects. seller will have Twenty (20) daye within the receipt of the
notification from the Buyer ae to Encroachmente and/or Survey Defect. to exercise
thie option and in the event that the Seller fail. to notify the Buyer within the
aforementioned Twenty (20) daye it will be deemed that the S.ll.r will exercise
.....e option to proceed to correct the Encroachmente and/or surv.y Defecte; In the
event the Seller notifies the Buyer that they do not intend to correct the
Encroachmente and/or Survey Defects to the eatiefaction of the Buyer, the Buyer,
in its eole diecretion, shall have the option of (a) t.rminating this Contract
at which time all deposited funde with accrued inter..t, if any, ehall be
returned to Buyer, or (b) accepting the Property in ite curr.nt condition with
no corrective action by the Sell.r. The Buyer will have Twenty (20) daye in which
to exercise this option and if the Buyer fail. to notify the Seller then it will
be ~ that the Buyer has exerci.ed the option to terminate the Contract. If
Buyer electe to terminate thie Contract pur.uant to paragraph 7, Seller's sole
obligation shall be to refund to Buyer the Depo.it with accruec1inter.et, if any,
and upon the making of such r.fund thi. contract .hall terminate and be of no
further force and effect and non. of the partie. hereto .hall hav. any further
obligation under thi. Contract.
Seller shall havs a'period of up to On.' Hundred Bighty (180) days after
exeroieing the option to correct the BncroachlMnte and/or Survey Defects within
which to remove, resolv., or cure any Survey Defect and clo.ing vill occur within
Twenty (20) working daye after the Buyer hee cured the Bncroachment. and/or
Survey Defects. If Seller i. unable to cure tbe Bncroachmente and/or survey
Defect. then sell.r .hall within the afor_ntioned one "undrec1 Eighty (180)
elays. notify Buyer in writing and Buyer ehall he". tbe option of (a) terminating
thia Contract at which time all depoeitec1 f~ with aocruec1 intere.t, if any,
shall be returned to Buy.r, (b) acc.pting the Property in it. current condition
vith 110 further corrective action by the s.ller, or (c) extending the period in
which to correct the Encroachment. and/or survey Defect. to a _tually acceptable
elate by which to correct the Encroachmente andlor Survey Defecte. The Buyer will
have Twenty (20) days in which to exerciee thie option and if the Buyer faile to
notify the Seller or if the Seller and Buyer cannot eetablieh a mutually
acc.ptable date for the Seller to corr.ct the Encroachment. and/or survey Defects
~en it will be de8lll8d that the Buyer hae exerci.ed the option to terminate the
----eontract. If Buyer elects to terminate thie Contract pureuant to paragraph 6,
Sell.r's sole obligation shall be to refund to Buyer the Depoeit with accrued
interest, if any, and upon the IIl&king of .uch refund this Contract shall
terminate and be of no further forc. and eff.ct and none of the parties hereto
shall have any further obligation under thie Contract. Notwithstanding, the
provisions of Paragraph 10 (Effects of D.fault) hereof, termination of this
COntract shall be Buyer's sole remedy if S.ller fails to correct any
Encroachments and/or Surv.y Defects.
Within sixty (60) days from the effective date of this Contract, the
Seller, at it. eole coet and .xpen.., ehall cause to have conducted a
Transactional Environmental Riek Audit (the "Audit") of the property, as defined
in Attachment "CO. The Audit will be conducted by a qualified expert in the field
of environmental .ngineering, acc.ptabl. to Buy.r. The Buy.r ehall review the
Audit for completenese, and determine if th.re are any unacceptable
contaminatione or .xceptions.
If the Audit results rev.al level. of ha~ardous waate or pollutants which
Buyer, in ite sole diacretion, d_ unacc.ptable (the "Audit Exceptions"),
notice to that eff.ct ehall be given to Seller within Twenty (20) days of Buy.rs
receipt of the Audit. If euch notification is not given by Buyer it shall be
deemed that the Buyer has accepted the Audit to the Property as so received.
In the event the Buyer notifi.s ,the S.ll.r that there are Audit Exceptions,
the Seller will hllve the option to .ith.r (a) proceed to corr.ct the Audit
Exceptione at the S.ller'e expense to the .atiefaction of the Bllyer, or (b)
refuse to correct the Audit Exceptions. S.ller will have Twenty (20) days within
the receipt of the IIOtification from the Buyer as to Audit Exceptions to exerciae
this option and in the event that the sell.r faUe to notify the Buyer within the
aforementioned Twenty (20) day. it will be deemed that the Seller will exerciee
the option to proceed to correct the Audit Exc.ptions. In the event the Seller
notifies the Buy.r that they do not intend to correct the Audit Exceptions to the
satisfaction of the Buy.r, the Buyer, in its sole discretion, shall have the
option of (a) terminating thi. Contract at which time all deposited funds with
accrued intereet, if any, shall be returned to Buyer, or (b) accepting the
Property in its current condition with no corrective action by the Seller. The
Buyer will have Twenty (20) days in which to exercise this option and if the
Buyer fails to notify the Sell.r then it will be deemed that the Buyer has
exercised the option to terminate the COntract. If Buyer elects to terminate this
COntract pursuant to paragraph 8, S.ller's sole obligation shall be to refund to
Buyer the Deposit with accrued interest, if any, and upon the making of such
refund thie COntract shall t.rminate and be of no further force and effect and
none of the parties hereto ehall have any further obligation under thie Contract.
Seller shall have a period of up to One Hundred Eighty (180) days after
exercising the option to correct the Audit Exceptions within which to accomplish
the necessary research, testing, or other actions to correct any Audit Exceptions
and submit to the Buyer the appropriate documentation and/or evidence that the
Audit Exceptione have been corrected to the Buyer's satisfaction. The Buyer will
have Thirty (30) days to review this documentation and/or evidence to determine,
4
ln t~ sole opinion of the Buyer, if the AUdlt,.ilxceptions have'been corrected,
Wlthin the aforementloned Thirty '(30) days the Buyer wl11 advise the Seller that
(a) the Audlt Exceptions have been corrected and, subject to the other conditions
of ~hi. COntract, closing will occur within Twenty (20) worklng days after the
Seller.s receipt of' this notice, or (b) the Buyer, in It. sole oplnion, has
. detel;llllne4 that the Audit ExcePtion. have not been corrected. If Seller is unable
e ", to> C)lre t1'".,AUdlt Except~9riS to 'th!' ,a~:lBfa.ct'ian:of the 'Buyer, th8tl'Sel,lershall,
.: .',. ..,ltb1lr' ~ ,i:forementlo.n~'.Oqe "l!u!iC1i?..s"Elghty ,(1801 '~y~, orwitb~n"'J'Werity:, (20)'"
. days at the notification' from the Buyer that the' Audit' bceptlona have not' been
corrected, whichever is later, the Seller shall notify Bvyer ln wrltlng and Buyer
shall have the optlon of (a) terlllinating thls COntract at whlch time all
depoaited funds with accrued interest, if any, ahall be returned to Buyer, (b)
accepting the Property in its current condition with no further corrective action
. by the Seller,. or ~(cl extending, the, .period ..1n., which ..to correct the Audit
Except~ons . to a mutually acceptable 'date by. which :to correct' the Audit
Exceptlons. The Buyer will have Twenty (20) days in which'to exerci.e this option
and lf the Buyer fails to notify the Seller or if the Seller and Buyer cannot
establlsh a mutually acceptable date for the Seller to correct the Audit
Exceptions then it will be deemed that the Buyer has exercised the option to
terllllnate the COntract. If Buyer elects to terlllinate this COntract pursuant to
Paragraph 8, Seller's sole obligation shall be to refund to Buyer the Deposit
~h accrued lnterest, if any, and upon the IIIllklng of such refuneS this COntract
~ll terllllnate and be of no further force and effect and none of the partles
hereto shall have any further obligation under this COntract. Notwithstanding,
the ~isions of Paragraph 10 (Effects of Default) hereof, terlllination of this
Contract shall be Buyer'. aole r-.sy if Seller fails to correct any Audit
Exception relative to the Buyer.s purchase of the Property, The Seller
acknowledges that the Buyer may have statutory obligations that are not
controlled, restricted or terminated by this COntract.
9.
COVENANTS, REPRESENTATION. AND WARRANTIES.
Seller hereby covenant., rspresents, and warrant., now and through the
closing of this COntract.
(a) That Seller has good and marketable title to the property described in
Attachment "A" 'subjsct to.the items described 1ft S8Ctio~ 4 (a) hereof, or.will
have good and marketable title prior to the closing date.
(b) That Seller has made no commitments (either oral or written) to any
organization, governmental body, or other entity to dedicate any portion of the
Property for public or private use.
(c) That Seller has not received notice of any peneSing condemnation or
si.mJ.lar proceeding affecting the Property or any portion thereof.
(d) That Seller has no knowledge of any actions, suit., or proceedings,
pending or threatened, against or affecting the Property or any portion thereof,
ar relating to or arising out of the ownership of the Property or any portion
thereof, in any court or before or by any governmental entity.
(e) There are no leasehold interests in ths Property, or if there are, that
~y shall be terminated prior to or at the time of closing.
(f) That during the time of the Seller's ownership of the Property the
Seller warrants that no hazardous wastes, hazardous substances, pollutants and/or
contaminants were placed, released, stored, buried, disposed, or dUDlped onto the
Property.
6
i
I
I
I
j
10. ,EFFECTS 01' DEFAULT'
E~cept as,otherwise provid~d herein, it Seller is.not in default pursuant
to any of the terms of this COntract and, Buyer fails to purchase the Property or
to perform any of the covenants, conditions or warranties of this COntract,
Seller shall be entitled to retain the deposit and accrued interest, if any, such
sum being agreed upOn as liquidated damages in full payment for the failure of
Buyer to perform the duties ,and obligations imposed upon it pursuant to this
COntract and.in 'consideration oCth,e'removal, 'of the P.roperty from ,the market, in
, "-recognition'. ototti.. :.dJ..#;io,illty ,,"inc:~~ieiic:;e; ..and "'Uncflrt;ainty' of " ascertdning
actual damages, and no other rights, remedies, or damages. shall in: any case be
collectible, enforceable, or available to Seller other than as provided in this
section, and Seller agrees to accept and take such deposit and accrued interest,
if any, as Seller's total damages and relief hereunder in such event. If Seller,
for any reason, fails to perform any of the covenante, condit~on8, or warranties
of this COntract, 'Buyer shall at its, "option ,(a) .waive ,the nonperforma'1c,e ,and
prOceed with closing (b) be entitled to the immediate return of the deposit with
accrued interest, if any, and terminate this Contract or (c) have the remedy of
specific performance of this Contract.
11. HISCELLANEOUS:
<a) Governina Law
This COntract shall be governed by and construed in accordance with the
laws of the State of Florida.
(b) Exhibits
Attachments -A", "B", .e., and "D" are attached to and incorporated herein
by reference.
'jj
(c) Bindina Effect
This COntract shall be binding upon and inure to the benefit of the parties
hereto, and their respective heir., per.onal repr...ntatlves, successors and
assigns. The covenants of this COntract will survive delivery and recording of
the deed and possession.
(d) Entire Contract
This Contract and the Exhibits and Attachments hereto contain the final
and entire COntract between the parties hereto with respect to the sale and
purchase of the Property and are intended to be an integration of all prior
negotiations and understandings. This COntract supersedes all prior negotiations,
understandings, representations, or agreements, both written or oral. Buyer and
Seller shall not be bound by any terms, conditions, statements, warranties, or
representations, oral or writtsn, not contained herein. No change or modification
of this COntract shall be valid, unless the same is in writing and signed by the
parties hereto, No waiver of any provision of this COntract shall be valid unless
in writing and signed by the party who possesses the right to waive enforcement
of same.
(e) HultiDle CounterDarts
This COntract may be exscuted in mare than one counterpart, each of which
shall be deemed an original.
(f) Severabilitv
If anyone or more of the provisions of this COntract should be held
contrary to law or public poliCY' or should for any reason whatsoever be held
invalid or unenforceable by a court of competent jurisdiction, then such
provision or provisions shall be null and void and shall be deemed separate from
the remaining provisions of this Contract, which remaining provisions shall
continue in full force and effect, provided that the rights and obligations of
., (h)":' Time' of 'E'~sen'~;:. .,
~y Escrow Agent in the event of disaqreeme.nt between Buyer .and Seller ~s ,provided
hereinabovel,proyided, hqwever, , t'his indemnification provision shall not extend
>;0 any acts of negligence, willful malteasance, or Omission on the part of Escrow '
Agent. .
The Seller, Buyer, and Escrow Agent hereby certify that they are aware that
the Federal Deposit Insurance Corporation (FDIC) and the Federal Savings & Loan
Insurance Corporation (FSLIC) coverage, whichever is, applicable to this Cont'ract,
apply.o!,ly toa maxiIDum.lIlIlO"nt',of$..1O~,OOO' fo,: each in~l.vidual depositor. The
S..ller a~d :Buyer.'understas:td that the .Escroor ~eAt,.....WIlllS ,,0 .respo,nllibility fo~,.
nor will be held liable'for, 'any loss occurring which arises from the -tact,.that
the lIlIlOunt of the above account may cause the aggregate lIlIlOunt of any individual
depositor's accounts to exceed $100,000 and that the excess lIlIlOunt is not insured
by the FDIC or FSLIC, whichever is applicable to this agreement. The Deposit will
be held in Barnett Bank, N.A. or other bank acceptable to Buyer, in an interest-
bead.ng,..money market account at tile .opt,ion, and .dl.relOtioJl of. Buyer. The aC;:lOr~ed
interest on the Deposit will be refunded to the Buyer at time of, closing' or as
otherwise provided in this Contract.
the part'.ies contained herein. are .not ~terially prejudiced and t.he intentions of
the parties continue to be, effective.
(g) Survivabilitv
Any term, condition, covenant, or obligation which requires Performance by
either party subsequent to terminatiQn of this Contract shall remain enforceable
against such party.s~bsequent to such termination.
Time of performance hereunder by Seller and Buyer, is hereby made the
es.ence of this Contract.
(i) Effective Date of Contract
This Contract shall be effective &8 of the date the Contract is approved
by the Hillsborough County Board of County commissioners as Buyer.
(j)
Titles
13. ~:
Any and all notices, requests or other communications hereunder shall be
deemed to have been duly given if in writing and if tranemitted by hand delivery
with receipt therefore, or by certified mail posted prior to the expiration date
for such notice, return receipt requested and first class postage prepaid as
follows.
The titles used in this Contract are for convenience only and are not
intended to imply or restrict application.
.--
(k)
Sianina
If this Contract is not approved by Buyer on or before May 18, 1994, this
Contract shall be null and void and of no further force and effect.
(1) Authorization
Each party represents to the other that such party has authority under all
applicable laws to enter into a Contract containing such covenant. and provisions
a. are contained herein, that all of the procedural requi~nt. imposed by law
upon each party for the approval and authorization of this COntract have been
properly completed, and that the persons who have executed the COntract on behalf
of each party are authorized and empowered to execute said COntract.
To Buyer:
City of Clearwater
P. O. Box 4748
Clearwater, Florida 34618-4748
Attention. Elizabeth K. Deptula
Hill.borough County
Board of county Commissioners
P.O. Box 1110
Tampa, Florida 33601
To Seller:
(m)
Radon Ga.
Attention. Kurt.Gramley
Radon is a naturally occurring ga., that, wh.n it has aCCWllUlated in a
building in sufficient quantities, may pre..nt health ri.ks to persons who are
expoll84 to it over time. Levels of radon that exceed fed.ral and state guidelines
have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your County health unit.
To Escrow Agent.
Stewart Title of Clearwater
32722 U.S. 19 North
Palm Harbor, Florida 34684
Attention. Mikell St. Germain
12.
ESCROW AGENT:
14.
RESTORATION PLAN AND RESTORATION FUNDING.
The Escrow Agent agrees to hold, keep, and d.liv.r the Deposit and all
other sWll8 delivered pursuant hereto in accordanc. with the terms and provisions
of this COntract. In the event Escrow Agent rec.ive. writt.n notice from either
party of any disagreement between Buyer and seller r..ulting in any adverse
claas and demands being made in connection with or for the monies involved
herein or affected hereby, Escrow Agent shall be .ntitled to refuse to comply
.....h any such claims or demands so long as .uch di.agr.....nt may continue, and
in so refusing Escrow Agent shall make no delivery or other disposition of any
of the monies then held by it under terms of this COntract and in so doing,
Escrow agent shall not become liable to anyone for .uch r.fusal.
Buyer and Seller, to the extent allowed by law and subject to the
provisione of Section 768.28, Florida statutes, jointly and severally agree to
ind......ify and hold harmless Escrow Agent from any and all reasonable costs,
damages, and expenses, including reasonable attorney.. f... and paralegal fees,
that Escrow Agent may incur in its good faith compliance with the terms of this
COntract, including but not limited to any and all such costs, damages, and fees
incurred in connection with the filing of an action in the nature of interpleader
The Seller acknowledge. that the Buyer's purchase of the Property is
dependent upon the Seller providing Two Hundred Thousand Dollar. ($200,000.00)
towards the cost of r..toring the habitat and natural plant communities (the
"Restoration Punding" ). A Conceptual Restoration Plan has b.en attached as
Exhibit "D" (the "Conceptual Re.toration Plan").
The Restoration Funding will be provided to the Buyer from the Seller's
proceeds at closing. The Buyer will deposit the Restoration Funding in an
interest bearing account (the "Restoration Account") and will provide the Seller
with an annual statement (the "Restoration Account Statement"), with the first
statement to cover the term from the date of closing to September 30, 1995 and
subsequent statements will cover from october 1st to September 30th for each year
thereafter during the term of the Restoration Account. Any interest earnings will
not to be used for restoration related expenses and will be returned to the
Seller in accordance with this paragraph. The Restoration Account Statement will
indicate the beginning balance of the Restoration Account, interest earnings, a
detailed listing of all restoration related expenses, and the closing balance.
8
9
The Reetoration Account Statemente will be provided to Seller no later than
,December h,t' of that year. ' , ,
, ,
'Within One (1) year of cloeing o~ by septembe~ 30, 1995, ~hichever occure
fir.t, the Buyer will provide the Seller a detailed plan indicating the actione
the Buyer and/or their authorized agent will take to reetore the .ite to a more
natural and/or environmentally beneficial condition (the "Reetoration Plan"). The
Re.toration Plan will detail the activitiee originally indicated in the
COnceptual Restoration Plan and the anticipated sch/ildUle. ,The Buyer',will,provide
"the,seUer :with an -=ual, rePQ~ ,prQyL4J,l1g' a, ,,~"of, thl' ,%:e'!tOrat.~9n,"re,lat,'!'i
'activitie'e at the'tu. the' Restoration Account' Statement is' provWed. The' Seller
acknowledges that due to evente that may be beyond the control of the 'Buyer and
that'the restoration of upland natural systems is a relatively new process that
there ....y be modifications in the Rsstoration Plan, but it will not substantially
deYiate from the Conceptual Restoration Plan.
':rhe 'Selle.' and Buyer recogilizes "t~t' eaCh 18 a public ageri,i::y and, that the'-
accounting for the expenditures must comply with the requirements Of their
re.pective Clerks of the Circuit Court. The Seller will have Thirty (30) days
from their receipt of the Restoration Account Statement for the purposes of
verifying that the purpose of the expenditures are acceptable. If within the
aforementioned Thirty (30) days the Seller does not provide the Buyer with
written notice that they question any expenditure, then the expenditures
indicated on the Restoration Account Statement will be con.idered acceptable. In
,--the event the Seller dispute. or question. an expenditure indicated on the
~storation Account Statement, within Sixty (60) days of the Buyer's receipt of
the notification from the seller, the Buyer will provide verification from the
Clerk of the Circuit COurt that the expenditure W&8 ....de in conjunction with the
Re.toration Plan and will be considered acceptable verification that the
expenditure is associated with the re.toration of the Property. If the Buyer's
Clerk cannot provide this verification, the Re.toration Account Statement will
be adjusted accordingly.
Upon notification to the Seller from the Buyer that the Restoration Plan
is completed or october 1, 2004, whichever occur. first, the Buyer will refund
to the Seller the balance of the Re.toration Account, including all accrued
interest earnings, in the fOrlll of a Hill.borough COunty Warrant at which time the
Buyer's obligation to provide the Re.toration Account statement and annual
.tatement on summarizing r..toration activities w~ll terlllinate.
15. RELEASE OF MIIII!:RAL AND PETROLEUM INTEREST.
By way of this COntract and in accordance with Section 270.11(3), Florida
Statutes, the Buyer petitions the Seller for the relea.e of the reservation of
an undivided three fourths interest in all the phosphate, minerals, and metals
that are or ....y be in, on, or under the Property and an undivided one half
interest in all the petroleum that is or ....y be in, on, or under Property with
the privilege to mine and develop same that are to be re.erved by the Seller in
accordance with Section 270.11(1), Florida Statute.. The Buyer requests the
release of these mineral interests in order to more effectively manage the
Property for preservation and resource based recreation. The Buyer is also
subject to the provisions of this statute. These mineral right. will be conveyed
by the sellsr by the Quit Claim Deed referenced in Paragraph 4(b) and the
conveyance will be at no additional cost to the Buyer.
-
16.
RIGHT OF FIRST REFUSAL.
The Buyer and Seller acknowledge that the Buyer ia purchasing the Property
for the purpose of preservation in accordance with the Environmental Lands
Acquisition and Protection Program (KLAPP) and that ordinances governing this
program restrict the sale of lands. In accordance with the ordinances, the Buyer
is not designating any portion of this property for sale as an "Acquisition of
COnvenience" for future conveyance to a private party. However, if, in the
unlikely event the Buyer wishes to sell the property, the Seller reserves the
right of first refusal to purchase the Property at the same purchase price as set
forth in this agreement. After receipt and acceptance of an offer to purchase,
10
and prior to the consJ,deration Of sam~, the ~uyer will notify the Seller of the
proposed sale of the Property and the terms of the 'offer to purchase.: The Seller
wi'll have Thirty (30) days from the receipt of thiBnoticeto exercisethiB
option. If the Saller elects to purchase the Property,' they must proceed under
the same terms and conditions as stated in the offer to purchase, except that the
purchase price shall be the same amount as set forth herein. In the event that
the Seller fails to respond, it will be deemed that the Seller waives their right
to purchase the Property. It is expressly understood and acknowledged by the
Seller that this right of first refusal will not, apply to a transaction orsale
to, ;anotjler.governm!a!lt 4geri."y, or,,~nt;ity...h~re t~. ,Property ..ill,'be!lelci '"for' th~
'express purposes of preservation, natural'resource protection," and resource based
protection or for any additional right-of-way for existing roads.
17. ACREAGE ADJUSTMENT:
The Purchase' Prlce 1'e b.'Bed on' the Property containing Three Hundred Ninety
One (391) acres (including interior rights-of~ays'but excluding rights-of way
on the exterior boundary of the Property) and the Purchase Price will be adjusted
based on Three Thousand Seventy Dollara ($3,070.00) per acre for every acre or
portion thereof varying from Thr.. Hundred Ninety one (391) acre. Within Twenty
(20) days of the Buyer's receipt of the Survey, the Buyer will supply the Seller
with Two (2) copies of the Survey and the calculationa for the adjustment to the
purchase price. If there 1a more than a Twenty (20) acre increase from the
aforementioned acreage, the Buyer reserves the right to terminate the contract
within Forty (40) days of the recsipt of the Survey. If there is more than a
Twenty (20) acre deereaae from the aforementioned acreage, the Seller reserves
the right to terminate the COntract within Forty (40) day. of the receipt of the
survey from the Buyer. If either the Buyer or the Seller faila to exercise the
option to terlllinate within the tu. specified in this paragraph it will be deemed
that they have waived their respective right to terminate the Contract, if
applicable.
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"SELLER"
CITY OF CLEARWATER
STATE OF FLORIDA
COUNTY OF P, ".... I I a......s.
The foregoing' iristr~nt was acknowledged before me this'/.,-f+J 'day of .,J u,.., ~
199.~~~ell St. Germain, who is personally known to me or who
IN WITNESS WHE~OF, the, parties have executed this COntract. as of the ,day
and year f ir$t abQ:v~ ~r1.t~e~.~..
Slqned, sealed and delivered in the "presence of:
countersigned:
Approved as to,,, form ,~Il~ '
correctness:
M-={lJif
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ATTEST.
RICHARD AKE
CLERK OF THE CIRCUIT COURT
M'N/
DE UTY
'1'0 B R
WITNESSES:
::Z;~4
/~----': ~---~
~ '1'0 BSCROW AGENT '
BOARD OF COUNTY COMMISSIONERS
HlllSBOROUGH COUNl't FLORIDA, ~
OGCU;;,HH NO. tN-o'"1"S1
has produced
as identification.
, " ", "rt!F-
... ... .
B'YI ," ",
cit~n er
:NPT,AA.lt' fUilLIC, . .. '
Sirl~'-'-'~ ~ '~
Print Name. 'i;t4"'!.te I'f"b"'C, _~/e..rrntL-"
Title Or Rank.
Serial Commission Number:
,,',AJ:test:
~~~. Ii ~.__
Cit Clerk
My commission Expires:
"BUYER"
HILLSBOROUGH COUNTY, A
POLITICAL SUBDIVISION OF
Till!: STATE OF FLORIDA,
~/~.-Zf-
~2 7 1994
Date.
IISSIE~
NoIary~ olRoltda
MyCclnlrilllon &pno Iii II, 1996
COMM.' CC 174483
"ESCROW AGENT"
STEWART TITLE OF CLEARWATER
~h-'(J.f}f/ft~4;J
By. ikell st. Germain
Title: Office Manager
Date. fc -/~-9~
~rOVed as 10. form
9v' ~
12
13
ATTACHMENT "A"
Leqa1'DescriptioD
A1l Property above the ordinary,high water line within the
following:
~ parcel: of land,ow~edby the Seller located south of Tar~on
, Spi'i.itqS': Roa<i"'and:.j,re~t !)'f'Patterson'Road in s~ctions:,;18, &,19__ of .
Township'27'SoUth, ~ange'~i 'East'in Hi11sborough County Florida,
more specifically described as follows:
Tracts 1, 5, 6, 7, 8, 10, 11, 12, 13, 14, and 15 in the SW 1/4 of
,Sec;:t;lon 18~~7~17."..KEY,STONEP,lUU( COLON)!, !lI:ld, Tractlii ,~,3, ,an!!, 4, if!
the SW 1/4' of section -18-27'-17 ,KEYSTON!!: PARK COLONY, less that
part described as follows: From the NW corner of the SW 1/4 of
the NW 1/4 run South along the West section' line 2559.78 feet to
the point on the West line of Tract 4 for a Point of Beginning,
thence run N81037'E, 460 feet, thence S82029'E 100.~5 feet,
thence N83022'E, 132.60 feet, thence N72033'E, 49.36 feet, thence
-Hlio48'E, 78.30 feet, thence N18021'E, 115.61 feet, N32019'E,
\~OO feet, thence N76047'E, 123.86 feet, thence S74002'E, 118.60
feet, thence S44037'E, 151.44' feet, thence S61015'E, 44.77 feet,
thence S78016E, 276.33 feet, thence N76044'E, 44.00 feet, thence
N47053'E, 287.36 feet, thence N35050'W, 162.48 feet, thence
N33019'W, 98.58 feet, thence N13032'W to a point of intersection
with the north line of Tract 3, thence West along the North
boundary line of Tracts 3 and 4 to the NW corner of Tract 4,
thence South to the Point of Beginning. And Tracts 15, 16 and
that part of Tract 14 in the NW 1/4 of Section 18-27-17, KEYSTONE
PARK COLONY, lying East of the following line: Commencing at the
SE corner of the NE 1/4 of the SW 1/4, of the NW 1/4, thence
S07018'W, 598.21 feet, t~enc. S1303~'~, 83.54 feet, and Tracts 5
and 6 in the NE 1/4 lying South of TarPOn springs Road. And
Tracts 4, 5 and 6 in the SE 1/4 and Tract 3 in the SE 1/4 less
lot beginning at the NE corner of Tract 3 and run South 30 feet,
Northwesterly to the NW corner of Tract 3 and East 665 feet to
the Point of Beginning, all in Section 18-27-17, KEYSTQNE PARK
COLONY. And the West 1/2 of the SW 1/4 of the NE 1/4; And the NE
1/4 of the SW 1/4 of the NE 1/4 and Tract beginning at the NW
corner of the SE 1/4 of the SW 1/4 of the NE 1/4 and run S89043'E
30.00 feet along the north boundary of the SE 1/4 of the SW 1/4
of the NE 1/4; thence Southwesterly to the SW corner of the SE
1/4 of the SW 1/4 of the NE 1/4; thence North 676.12 feet to the
Point of Beginning, all in KEYSTONE PARK COLONY, as per map of
plat thereof recorded in Plat Book 5, Page 55 of the Public
....ords of Hillsborough County, Florida, all being in Section 18-
27-17.
and
Tracts 3, 4, 5 and 6 in the NE 1/4 lying West of Patterson Road
and Tracts 1, 2, 3, 4, 5, 6, 7 and 8 in the NW 1/4, less and
except that part of the above lying South of the following
described line: Commence at the West 1/4 corner of Section 19-17-
17, thence along the West line of the NW 1/4 of said Section 19,
Page 1 of 2
run N01010'10"W, 1420.50 feet for a Point ,ot Beginning; thence
run N89012'30'E, 345~.79 feet to the centerline at Patterson'
Road;,Alli'n KEYSTONE PARK COLONY, ,as per map or plat thElreot
recorded in Plat Book 5, Page 55 of the Public'RecordS at
Hillsborough County, Florida, all being in section 19-27-17.
Subject to Right-of-Way on Patterson Road and Right-of-Way in
KEYSTONE PARK COLONY Subdivision.
'an!1
Tracts 9 and 16 in the SW 1/4 of section 18-27-17, also Tracts
11, 12, 13, and 14 in the SE 1/4 of Section 18-27-17, KEYSTONE
PARK COLONY SUBDIVISION, according to map or plat thereat as
recorded in ,plat Book 5, page 55 ot the Public Records at
iI'ili.sboroughCounty, 'horldil,- and that 'pOrt:icin cif, the SE'l/4 of
the SE 1/4 of 'section 18-27-17, Hillsborough County, Florida,
lying West of Patterson Road
and
The platted 15.00 feet rights-o,f-way as shown on the plat of
KEYSTONE PARK COLONY SUBDIVISION, as recorded in Plat Book 5,
page 55, of the Public Records of Hillsborough County, Florida,
abutting said described parcels:
LESS THE FOLLOWING DESCRIBED PARCEL:
Ii
The South 300.00 feet of Tract 13 in the SE 1/4, less the West
229.30 feet thereof and that portion of the South 300.00 feet of
Tract 14 in the SE 1/4 lying West of Patterson Road, all being in
Section 18-27-17, KEYSTONE PARK COLONY SUBDIVISION, according to
map or plat thereof as recorded in Plat Book 5, page 55, of the
Public Records of Hillsborough County, Florida;
and '
That portion of the South 315.00 feet of the SE 1/4 of the SE 1/4
of Section 18-27-17, Hillsborough County, Florida lying West of
Patterson Road.
and
Together with the 15.00 foot platted rights-of-way, as shown on
the plat of KEYSTONE PARK COLONY SUBDIVISION, as recorded in Plat
Book 5, page 55 of the Public Records of Hillsborough County,
Florida, abutting said described parcels.
All subject to a reservation of an undivided three fourths
interest in all the phosphate, minerals, and metals that are or
may be in, on, or under the Property and an undivided one half
interest in all the petroleum that is or may be in, on, or under
Property with the privilege to mine and develop same as required
by Section 270.11, Florida Statutes.
Exact legal description subject to final property survey.
Page 2 of 2
,ATTACHKENT "B"
Legal 'Description
All and all interest in the fOllowing property below the ordinary
high water line and the undivided three fourths interest in all
'the phosphate, minerals, and metals that are or may be in, on, or
under the Property, .and an ~di vided one half interest" in all, the
petr.oleum that, is Qr:',may'.~ in;,' QIl;. :9r unl:ler,:.l'rope~y,with ,t;.h~ .,
privilege" to mine and '. devlillop 'same that have 'been reserved by
Seller as required by section 270.11, Florida statutes, within
the following:
, ,~ p'ar~l, Of lilnd o~edl?Y .the Sell~r lQCai;ed, sout,l1 of, Tarl'on ,
springs Road 'and west of Patterson Road in Sections, 18 & 1~ of
Tovnship 27 South, Range 17' East in HillsbOrough County Florida,
more specifically described as follows:
Tracts 1, 5, 6, 7, 8, 10, 11, 12, 13, 14, and 15 in the SW 1/4 of
section 18-27-17, KEYSTONE PARK COLONY, and Tracts 2, 3, and 4 in
the SW 1/4 of section 18-27-17, KEYSTONE PARK COLONY, less that
'....t described as follows: From the NW corner 'of the SW 1/4 of
the NW 1/4 run South along the West section line 2559.78 feet to
the point on the West line of Tract 4'for a Point of Beginning,
thence run N81"37'E, 460 feet, thence S82"29'E 100.25 feet,
thence N83"22'E, 132.60 feet, thence N72"33'E, 49.36 feet, thence
N44"48'E, 78.30 feet, thence N18"21'E, 115.61 feet, N32"19'E,
61.00 feet, thence N76"47'E, 123.86 feet, thence S74"02'E, 118.60
feet, thence S44"37'E, 151.44' feet, thence S61"15'E, 44.77 feet,
thence S78"16E, 276.33 feet, thence N76"44'E, 44.00 feet, thence
N47"53'E, 287.36 feet, thence N35"50'W, 162.48 feet, thence
N33"19'W, 98.58 feet, thence N13"32'W to a point of intersection
with the north line of Tract 3, ~ence West along the North
bOundary line of Tracts 3 'and'4 to the NW corner of Tract 4,
thence South to the Point of Beginning. And Tracts 15, 16 and
that part of Tract 14 in the NW 1/4 of section 18-27-17, KEYSTONE
PARK COLONY, lying East of the following line: cOlDlllencing at the
SE corner of the NE 1/4 of the SW 1/4 of the NW 1/4, thence
S07"18'W,' 598.21 feet, thence S13"32'E, 83.54 feet, and Tracts 5
and 6 in the NE 1/4 lying South of Tarpon springs Road. And
Tracts 4, 5 and 6 in the SE 1/4 and Tract 3 in the SE 1/4 less
lot beginning at the NE corner of Tract 3 and run South 30 feet,
Northwesterly to the NW corner of Tract 3 and East 665 feet to
the Point of Beginning, all in Section 18-27-17, KEYSTONE PARK
COLONY. And the West 1/2 of the SW 1/4 of the NE 1/4;, And the NE
1/4 of the SW 1/4 of the NE 1/4 and Tract beginning at the NW
~ner of the SE 1/4 of the SW 1/4 of the NE 1/4 and run S89"43'E
30.00 feet along the north bOundary of the SE 1/4 of the SW 1/4
of the NE 1/4; thence Southwesterly to the SW corner of the SE
1/4 of the SW 1/4 of the NE 1/4; thence North 676.12 feet to the
Point of Beginning, all in KEYSTONE PARK COLONY, as per map of
plat thereof recorded in Plat Book 5, Page 55 of the Public
Records of Hillsborough County, Florida, all being in Section 18-
27-17.
and
Page 1 of 2
Tracts 3, 4, 5 and 6 in the NE 1/4 lying West of Patterson Road
and Tracts 1;2,3, 4, 5, 6, 7 and 8 in the NW 1/4, les:;> and
except that part of the abOve lying south of the follow~ng ,
described line: Commence at the West 1/4 corner of Section 19-17-
17, thence along the West line of the NW 1/4 of said section 19,
run N01"10'10"W, 1420.50 feet for a Point' of Beginning; thence
run N89"12'30'E, 3456.79 feet to the centerline of Patterson
.Road. All in KEYSTONE PARK COLONY, as per map or plat thereof
recorded,' in Plat Book 5, Page '55 of, the Public, Records' of '
'Hills'borol1gh 'County, Florida, all being in section 19":2'7-17.
Subject to Right-of-Way on Patterson Road and Right-of-Way in
KEYSTONE PARK COLONY Subdivision.
and
Tracts 9 and 16 in the SW 1/4 of Section 18-27-17, also Tracts
11, 12, 13, and 14 in the SE 1/4 of Section 18-27-17, KEYSTONE
PARK COLONY SUBDIVISION, according to map or plat thereof as
recorded in Plat Book 5, page 55 of the Public Records of
Hillsborough County, Florida, and that portion of the SE 1/4 of
the SE 1/4 of Section 18-27-17, Hi11sborough County, Florida,
lying West of Patterson Road
and
The platted 15.00 feet rightS-Of-way as shown on the plat of
KEYSTONE PARK COLONY SUBDIVISION, as recorded in Plat Book 5,
page 55, of the Public Records of HillsbOrough County, Florida,
abutting said described parcels:
LESS THE FOLLOWING DESCRIBED PARCEL:
Ii
The South 300.00 feet of Tract 13 in the SE 1/4, less the West
229.30 feet thereof and that portion of the South 300.00 feet of
Tract 14 in the SE 1/4 lying West of Patterson Road, all being in
Section 18-27-17, KEYSTONE PARK COLONY SUBDIVISION, according to
map or plat thereof as recorded in Plat Book 5, page 55, of the
Public Records of HillsbOrough County, Florida;
and
That portion of the South 315.00 feet of the SE 1/4 of the SE 1/4
of Section 18-27-17, Hillsborough County, Florida lying West of
Patterson Road.
and
Together with the 15.00 foot platted rights-of-way, as shown on
the plat of KEYSTONE PARK COLONY SUBDIVISION, as recorded in Plat
Book 5, page 55 of the Public Records of HillsbOrough County,
Florida, abutting said described parcels.
This conveyance is at no additional cost to the Buyer and is to
convey any interest, right or title of the Seller in the Property
that has not been conveyed to the Buyer by another conveyance.
Exact legal description subject to final property survey.
Page 2 of 2
ATTACHMENT ",C"
TRANSACTIONAL ENVIRONMENTAL
RISK AUDIT STANDARDS
All property describ~d in Attac~ents' "A~ and"B" will haw an'
Environmental Risk Audit performed. ' The purpose of the audit is
to give reasonable assurance that the aforementioned property is
not contaminated with any hazardous waste, no buried tanks exist
on the property, and identify debris or trash that will need to be
cleared from the property.
The audit will include the following:
1. Title Search - The Real Estate Department should provide
a list of past property owners to the consultant. The consultant
should evaluate this list to determine if prior owners may have
,~erated, stored or disposed of hazardous materials on site.
2. Records Review - Historical aerial photographs and any
maps or blueprints of the site must be compiled and evaluated. In
particular, any operation on the site which may have impacted
groundwater and soils should be identified.
3. Recrulatorv Aaencv File Search - The consultant must
identify the environmental compliance history of the property.
EPC and DER offices, or other appropriate agencies, should be
contacted to determine if any notices of violation have been
issued, contamination problems have been identified or if
groundwater investigations are ongoing or pending,
4. site InsDections - Once the previous owners have been
evaluated and the records review and Regulatory Agency File Search
have been completed, a site inspection must be performed. A
physical description of the topography of the site and the impacts
of stormwater drainage (if any) should be provided. All
buildings, ponds, septic tank systems, wetlands, supply wells,
monitor wells, underground and above ground storage tanks should
be identified, inspected, and their approximate location indicated
on an aerial photograph or map. Any illegal dumping should also be
photodocumented with recommendations for removal (and testing, if
required) with the location of dumping indicated on an aerial
.......Eh.otograph or map. All indications of potential contamination
~luding soil staining, vegetative stress, odor, etc. should also
be identified by this site inspection, as well as potential
off-site sources of contamination.
5. ~ - Four copies of the report to the county
summarizing the findings of the audit, complete with the following
items should be submitted for evaluation at feast thirty (30) days
prior to closing:
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a. Base Map of the site with locations of all
'wells, storage tanks, ponds, wetlands, illegal dumping
properly identified.
buildings,
areas, etc.
b. "Summary of f i l,e search and records review.
c. Evaluation of risk posed by acquisition of subject
property.
d. Recommendations for subsequent evaluation (if required)
and/orresponse actions.
'e. All backup information including aerial photographs, site
inspection photodocumentation, etc.
Once the audit has been received by the County, the
Environmental services Section of the Department of Solid Waste or
other agency of the County or State lIIay review the audit and
provide technical comments to the Real Estate Department. Each
audit must be designed to meet the objectives required by the
County: to evaluate the environmental liabilities posed by
acquisition of the subject property. Depending upon the size of
the parcel, its location and proposed future use, a limited (or
expanded) version of the audit maybe required.
..
C-2
ATfACHMENT "D"
- planting and high;mowing (that is, mowing with the blade set higher than the longleaf
pines' terminal buds, to prevent overtopping by shading weeds);
- planting with no other treatment;
- discing and planting;
- discing, pre-emergent herbicides, and planting;
- scraping and planting (with scraped material to be used for filling in rim ditches);
- scraping or discing, sowing with Bermuda grass, and planting.
CONCEPTUAL RESTORATION PLAN
Clearwater Site ELAPP Nomination
(HiIIsborough County STR 18,19-27-17)
BACKGROUND
This opportunity to advance knowledge in the field is expected to attract academics,
herbicide manufacturers, and government and private land management entities, some of
whom might be expected to share costs.
This property has been used by the Qty of Qearwater for the ~isposal of sludge fr~m
wastewater treatment Most of the site has been altered from Its natural state, which
research indicates to have been primarily a sandhill community. The Buyer (Hillsborough
~unty) intends to restore the site to a more natural and environmentally be~eficial
~ndition which will buffer and enhance the adjoining Brooker Creek Preserve (Pmellas
County). This restoration will include filling ditches and performing minor ~opogra~hical
alterations, eradicating non-native and invasive species, and reintroducing natIVe SpecIes.
RESTORATION AcrIVITIES
Wetland will be best helped by restoring a more natural hydrological regime. Return to
ideal conditions is unlikely due to pumping from nearby well fields, but improvement can be
made by filling in rim ditches which are currently intercepting what little water makes it to
the site. There does not appear to be a clear berm of dredged material, but the upland side
could be scraped to provide fill. There is a very narrow fringe of young trees on the upland
side of the rim ditches; larger trees would be avoided, and nearby seed sources of maple and
oak will quickly revegetate the scraped area with no need for planting. It is expected that
the natural ecotone will establish itself, grading from forested wetland through mesic
hammock to the restored longleaf pine/wiregrass system.
Different portions of the property will require different restorati?n techniques. Proposed
management activities are outlined below. This should be ~nsldered only a conceptual
plan; A more detailed plan will be developed in accordance WIth the contract
Pastureland ~iI\' be gradually reverted to a sandhill communi~: ~e mos~ costly and
intensive task will be site preparation. Managers at Archbold BIOlOgical Station and Tall
Timbers Research Station will be consulted for detailed advice. Oment plans (contingent
upon results of research desCIibed below) are to use a combination of discing and pre-
emergent herbicide, followed by planting of longleaf pine seedlings (available through the
Department of Forestry and native plant nurseries) and wiregrass plugs (contract grown at
native plant nurseries). The adjoining Preserve is expected to provide seed sources to
enhance diversity within the planted longleaf pinelwiregrass areas.
Reversion of pastureland is an art still in its in infancy. During the first year, befo~e full-
scale implementation, several techniques will be tried on one-acre plots to determIne the
-'Post effective and efficient site preparation techniques. A limited research program on the
, McKay Bay Park restoration showed the value of such efforts.. Techniques to be tested
may include (but not be limited to):
_ pre-emergent herbicides, planting, and spot application of post-emergent herbicides;
Because the greatest concentration of gopher tortoise burrows is on the edge facing the
Preserve and the northern rim ditch, this area should not be scraped. Soil from scraping
should be moved into ditches in this area from other perimeters of the pasture.
~ It would be cost-prohibitive to return the entry road to the surrounding grade, but
culverts could be installed to provide hydrological connection and allow for some seed
exchange and movement of small wildlife. Alternatively, or additionally, portions of the road
could be returned to grade.
Restoration of uplands will be started near the existing Preserve and proceed eastward, with
the area near Patterson Road to be restored last This will make use of seeds from the
existing habitat, minimizing costs and providing a gradual and stable transition. Associated
wildlife is expected to follow the expansion of habitat.
ANTICIPATED RESTORATION SCHEDULE
The following is an approximate schedule for restoration activities. While it is anticipated
that each activity will take approximately one year (starting with the date of closing), any
delays or complications will impact subsequent activities. Uncertainties of weather, plant
failure, limited commercial supplies, and other uncontrollable factors will require a degree
of flexibility in the schedule.
1 McKay Bay Park Urban Reforestation Project, 1994 report by Tampa Parks
Department (Steve Graham).
2
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Year one to two: Research, consultation, installation of test plots, fencing and signs.
Wildlife observation/sampling. Refinement of management plan.
Year two to four: Preparation and planting of pasturelands. Scraping of appropriate areas
and filling of rim ditches with resulting soil.
Year three to six: Evaluation, additional planting, spot mechanical removal of nuisance
species and post-emergent herbiciding.
Year four to eight: Evaluation, wildlife observation/sampling in pasturelands and wetlands.
Additional filling of rim ditches and culvert installation/regrading of entry road.
Year five to nine: Replanting of any failed areas, continued filling (if necessary) of rim
ditches.
Year six to ten: Wildlife observatiOnlsamplingin pasturelands and wetlands. Plant survival
and habitat reestablishment. Replanting of any failed areas.
FUNDING AND EXPENDITURES
The Seller is providing Two Hundred Thousand Dollars ($200,000) as the funding source
~restoratioD activities. Interest earned on this restoration funding is to be returned along
with any unused portion of the restoration funding. Restoration funding can be used for any
activity directly associated with the restoration of the property. Such activities can include,
but are not limited to:
. labor and equipment costs associated with the eradication of non-native or undesired plant
species, relocation of plants from existing communities, and planting or replacement of
relocated vegetation on the property
. cost of plants or seeds purchased from a third party and the labor associated with planting
and replacement of any failed plantings
. personnel costs, including travel time and mileage, to prepare, supervise, initiate, perform
or implement activities associated with restoration
. purchase, operation, and maintenance cost of equipment used exclusively on the property
or reasonable hourly charges associated with equipment used occasionally on the property
. personnel costs associated with the monitoring and maintenance of restored habitats.
The following costs not associated with restoration will be paid by Hillsborough County:
.-cncing and other security efforts
. equipment and personnel costs directly associated with the management of existing natural
systems and wildlife monitoring
. signage or recreational improvements.
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.'
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Due to the extent and nature of the restoration effort, an expenditure is to be considered
unacceptable if the primary purpose is not associated with restoration (example: field
inspection of fencing will not be considered a restoration cost even if it may include
monitoring of plant survival; however, closing a gate or replacing a fallen sign while
supervising a subcontractor or volunteers would not disqualify the associated personnel costs
from being considered a restoration cost). It will be the responsibility of the Buyer to
provide reasonable evidence or documentation, including time sheets if necessary, indicating
that the activity was associated with the restoration effort.
4