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Home My WebLink AboutFlorida Department of Environmental Protection, Office of Greenways and Trails Sublease Agreement 2002 06 07 .. ., OAS1 S'l'A'l'E OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEC'l'ION, OFFICE OF GREENWAYS AND'l'RAILS SUBLEASE AGREEMEN'l' WINTER SPRINGS 'l'OWN CENTER (5.92 acres) Sublease Number 4337-01 THIS SUBLEASE AGREEMENT is entered into this day of r 20~, by and botwoen tho STATE OF FLORIDA DEP NT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS, 7-1b hereinafter referred to as "SUBLESSOR", and the CITY OF WINTER SPRINGS, FLORIDA, hereinafter referred to as "SUBLESSEE." WITNESSETH In consideration of the covenants and conditions set forth herein, SUBLESSOR subleases the below described premises to SUBLESSEE on the fOllowing terms and conditions: 1. ACKNOWLEDGMENTS: The parties aCknowledge that title to the subleased premises is held by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("'l'RUSTEES") and is currently managed by SUBLESSOR as the WINTER SPRINGS 'l'OWN CENTER under TRUS'l'EES' Lease Number 4337. 2. DESCRIPTION OF PREMISES: The property subject to this sublease agreement is situated in the County of Seminole, ~tate of Florida, and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "subleased premises." 3. SUBLEASE TERM: This sublease shall commence on ~ ? c!)J/)tJ~ and end on August 30, 2051_, unless sooner terminated pursuant to the provisions of this sublease. 4. PURPOSE: SUBLESSEE shall manage the subleased premises only for the conservation and protection of natural and historical resources and for resource based public outdoor recreation which is compatible with the conservation and protection of these public lands, as set forth in subsection 269.032(11), Florida Statutes, along with other related uses necessary for the accomplishment of this purpose as designated in the Management Plan required by paragraph 7 of this sublease. 5. CONFORMITY: This sublease shall confor.m to all terms and conditions of that certain lease between the TRUSTEES and SUBLESSOR dated August 31, 2001 I a copy of which is attached hereto as Exhibit liB", and SUBLESSEE shall through its agents and employees prevent the unauthorized use of the subleased premises or any use thereof not in conformance with this sublease. 6. QUIET ENJOYMENT AND RIGHT OF USE: SUBLESSEE shall have the right of ingress and egress to, from and upon the subleased premises for all purposes necessary to full quiet enjoyment by said SUBLESSEE of the rights conveyed herein. Page 1 of 38 Sublease No. 4337-01 7. MANAGEMENT PLAN: SUBLESSEE shall prepare and submit a Management Plan for the subleased premises in accordance with subsection 18-2.021(4), Florida Administrative Code, within ten months of the effective date of this sublease. The Management Plan shall be submitted to the TRUSTEES for .approval through SUBLESSOR and the Division of State Lands. The subleased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the subleased premises without the prior written approval of the TRUSTEES and SUBLESSOR until the Management Plan is approved. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Management plan for the subleased premises. The Management plan shall be submitted to SUBLESSOR in draft for.m for review and comments within six months of the effective date of this sublease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal, or local permits as well as any public hearings or meetings relating to the development or use of the subleased premises. SUBLESSEE shall not proceed with development of said subleased premises including, but not limited to, funding, permit application, design or building contracts, until the Management Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this sublease shall be done at SUBLESSEE'S own risk. The Management Plan shall emphasize the original management concept as approved by the TRUSTEES at the time of acquisition, which established the primary purpose for which the subleased premises were acquired. The approved Management Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE, SUBLESSOR and the TRUSTEES at least every five years. SUBLESSEE shall not use or alter the subleased premises except as provided for in the approved Management; Plan without the advance written approval of the TRUSTEES and SUBLESSOR ~ The Management Plan prepared under this sublease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. 8. ASSIGNMENT: This sublease shall not be assigned in whole or in part without the prior written consent of the TRUSTEES and SUBLESSOR. Any assigcment made either in whole or in part without the prior written consent of the TRUSTEES and SUBLESSOR shall be void and without legal effect. 9. RIGHT OF INSPECTION: The TRUSTEES and SUBLESSOR or their dUly authorized agents, representatives or employees shall have the right at any and all times to inspect the subleased premises and the works and operations thereon of SUBLESSEE in any matter pertaining to this sublease. 10. PLACEMENT AND REMOVAL OF EQUIPMENT: All buildings, structures, Lmprovements and signs shall be constructed at the expense of SUBLESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of SUBLESSOR as to purpose, location and design. Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of SUBLESSOR. Removable equipment placed on the subleased premises by SUBLESSEE that do not become a permanent part of the subleased premises will remain the property of SUBLESSEE and may be removed by SUBLESSEE upon termination of this sublease. 11. INSURANCE REQUIREMENTS: During the term of this sublease, SUBLESSEE shall procure and maintain pOlicies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an Page 2 of 38 Sublease No. 4337-01 amount equal to the full insurable replacement value of any improvements or fixtures located on the subleased premises. The liability insurance coverage shall be in amounts not less than $100,000 per person and $200,000 per incident or occurrence for person~l injury, death, and property damage on the subleased premises. SUch policies of insurance shall name SUBLESSEE, the TRUSTEES, SUBLESSOR and the State of Florida as coinsureds. SUBLESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this sublease and shall submit annually thereafter, written evidence of maintaining such insurance pOlicies to SUBLESSOR and the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Bo~levard, Tallahassee, rlorida 32399-3000. SUBLESSEE shall purchase all policies of insurance fram a financially responsible insurer duly authorized to do business in the State of Florida. The insurer must possess a minimum current rating of B+ Class VIII in UBest's Key rating Guide." In lieu of purchasing insurance, LESSEE may elect to self-insure these coverages. Any certificate of self-insurance shall be issued or approved by the Insurance Commissioner, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. SUBLESSEE further agrees to immediately notify SUBLESSOR, the TRUSTEES and the insurer of any erection or removal of any structure or other fixed improvement on the subleased premises and any changes affecting the value of any improvements and to request said insurer to make adequate changes in the coverage to reflect the changes in value. SUBLESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage, and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this sublease. 12. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended fram time to t~e, or any other law providing limitations on claims. 13. PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the subleased premises or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the subleased premises. 14. NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this sublease shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of SUBLESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by SUBLESSOR. 15. TIME: T~e is expressly declared to be of the essence of this sublease. 16. NON-DISCRIMINATION: As a condition of obtaining this sublease, SUBLESSEE hereby agrees not to discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the subleased Page 3 of 38 Sublease No. 4337..;.01 premises or upon lands adjacent to and used as. an adjunct of the subleased premises. 17. UTILITY FEES: SUBLESSEE shall be responsible for the payment of all charges for the furnishing of g~S, electricity, water and other public utilities to the subleased premises and for having all utilities turned off when the subleased premises are surrendered. 18. MINERAL RIGHTS: This sublease does not cover petroleum or petroleum products or minerals and does not give the right to SUBLESSEE to drill for or develop the same. However, SUBLESSEE shall be fully compensated for any and all damages that might result to the subleasehold interest of SUBLESSEE by reason of such exploration and recovery operations. 19. RIGHT OF AUDIT: SUBLESSEE shall make available to the TRUSTEES and SUBLESSOR all financial and other records relating to this sublease, and SUBLESSOR and or the TRUSTEES shall have the right to audit such records at any reasonable time. This right shall be continuous until this sublease expires or is terminated. This sublease may be terminated by SUBLESSOR should SUBLESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this sublease, pursuant to the provisions of Chapter 119, Plorida Statutes. 20. CONDITION OF PROPERTY: SUBLESSOR assumes no liability or obligation to SUBLESSEE with reference to the condition of the subleased premises or the suitability of the subleased premises for any improvements. The subleased premises herein are subleased by SUBLESSOR to SUBLESSEE in an nas isn condition, with SUBLESSOR assuming no responsibility for bidding, contracting, permitting, construction, and the care, repair, maintenance or improvement of the subleased premises for the benefit of SUBLESSEE. 21. NOTICES: All notices given under this sublease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address. of the party to wham notice is to be given, as designated by such party in writing. SUBLESSOR and SUBLESSEE hereby designate their address as follows: SUBLESSOR: Office of Greenways and Trails Florida Department of Environmental Protection 3900 Commonwealth Blvd., M.S. 795 Tallahassee, Florida 32399-3000 SUBLESSEE: The City of Winter Springs, Plorida 1126 E State Road 434 Winter Springs, Florida 32708 22. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should SUBLESSEE breach any of the covenants, terms, or conditions of this sublease, SUBLESSOR shall give written notice to SUBLESSEE to remedy such breach within sixty days of such notice. In the event SUBLESSEE fails to remedy the breach to the satisfaction of SUBLESSOR within sixty days of receipt of written notice, SUBLESSOR may either terminate this sublease and recover fram SUBLESSEE all damages SUBLESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the subleased premises and attorneys' fees or maintain this sublease in full force and effect and exercise all rights and remedies herein conferred upon SUBLESSOR. 23. DAMAGE TO THE PREMISES: (a) SUBLESSEE shall not do, or suffer to be done, in, on or upon the subleased premises or as affecting said subleased premises Page 4 of 38 Sublease No. 4337-01 or adjacent properties, any act which may result in damage or depreciation of value to the subleased premises or adjacent properties, or any part thereof. (b) SUBLESSEE shall not generate, store, produce, place, treat, release, or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or fram the subleased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this sublease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of SUBLESSEE'S failure to comply with this paragraph, SUBLESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the subleased premises, and (2) all off-site ground and surface waters and lands affected by SUBLESSEE'S such failure to comply, as may be necessary to bring the subleased premises and affected off-site waters and lands into full compliance with all appliCable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders and decrees, and to restore the damaged property to the condition existing immediately . I prior to the occurrence which caused the damage. SUBLESSEE'S obligations srt forth in this paragraph shall survive thetermdnation or expiration of this sublease. This paragraph shall not be construed as a limdtation upon SUBLESSEE'S obligations regarding payment of costs and fees as set forth in paragraph 12 of this sublease, nor upon any other obligations or responsibilities of SUBLESSEE as set forth herein. Nothing herein shall relieve SUBLESSEE of any responsibility or liability prescribed by law for fines, penalties, and damages levied by governmental agencies, and the cost of Cleaning up any contamination caused directly or indirectly by SUBLESSEE'S activities or facilities. upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, SUBLESSEE shall report such violation to all applicable governmental agencies having juriSdiction, and to SUBLESSOR, all within the reporting periOdS of the applicable agencies. 24. ENVIRONMENTAL AUDIT: At SUBLESSOR'S discretion, SUBLESSEE shall provide SUBLESSOR with a current Phase I environmental site assessment conducted in accordance with the Department of Environmental Protection, Division of State Land's standards prior to termination of this sublease, and if necessary a Phase II environmental site assessment. 25. SURRENDER OF PREMISES: upon termination or expiration of this sublease, SUBLESSEE shall surrender the subleased premises to SUBLESSOR. In the event no further use of the subleased premises or any part thereof is needed, SUBLESSEE shall give written notification to SUBLESSOR and the Bureau of Page 5 of 38 Sublease No. 4337-01 Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail StatiQn 130, 3900 Commonwealth Boulevard, Ta1iahassee, Florida 32399-3000, at least six months prior to the release of any or all of the subleased premises. Notification shall include a legal description, this sublease number and an explanation of the release. The release shall only be valid if approved by SUBLESSOR and the TRUSTEES through execution of a release of sublease instrument with the same formality as this sublease. Upon release of all or any part of the subleased premises or upon termination or expiration of this sublease, all improvements, including both physical structures and modifications of the subleased premises, shall become the property of the TRUSTEES and SUBLESSOR, unless SUBLESSOR gives written notice to SUBLESSEE to remove any or all such improvements at the expense of SUBLESSEE. The decision to retain any improvements upon termdnation of this sublease shall be at SUBLESSOR'S sole discretion. Prior to surrender of all or any part of the subleased premises a representative of SUBLESSOR shall perfo~ an on-site inspection and the keys to any building on the subleased premises shall be turned over to SUBLESSOR. If the subleased premises do not meet all conditions as set forth in paragraphs 17 and 34 herein, SUBLESSEE shall, at its expense, pay all costs necessary to meet the prescribed conditions. 26. BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best Management Practices for all activities conducted under this sublease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by SUBLESSOR, SUBLESSEE or other land managing agencies for the protection and enhancement of the subleased premises. 27. SOVEREIGNTY SUBMERGED LANDS: This sublease does not authorize any use of lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 28. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the subleased premises is held by the TRUSTEES. SUBLESSEE shall not do or permdt anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the subleased premises including, but not limited to, mortgages or construction liens against the subleased premises or against any interest of the TRUSTEES and SUBLESSOR therein. 29. CONDITIONS AND COVENANTS: All of the provisions of this sublease shall be deemed covenants running with the land included in the subleased premises, and construed to be "conditions" as well as "covenants" as though the words specifically expreSSing or imparting covenants and conditions were used in each separate provision. 30. PARTIAL INVALIDITY: If any te~, covenant, condition or provision of this sublease shall be ruled by a court of competent juriSdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 31. ENTIRE UNDERSTANDING: This sublease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of the TRUSTEES and SUBLESSOR. 32. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of the TRUSTEES and SUBLESSOR. Any easement not approved in writing by the TRUSTEES and SUBLESSOR shall be void and without legal effect. Page 6 of 38 Sub1ease No. 4337-01 33. SUBSUBLEASES: This sublease is for the purposes specified herein and any subsubleases of any nature are prohibited, without the prior written approval of the TRUSTEES and SUBLESSOR. Any subsublease not approved in writing by the TRUSTEES and SUBLESSOR shall be void and without legal effect. 34. MAINTENANCE OF IMPROVEMENTS: SUBLESSEE shall maintain the real property contained within the subleased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, maintaining the planned improvements as set forth in the approved Management Plan, keeping the subleased premises free of trash or litter, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this sublease. 35. COMPLIANCE WITH LAWS: SUBLESSEE agrees that this sublease is contingent upon and subject to SUBLESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 36. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this sublease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. The Management Plan prepared pursuant to Chapters 18-2 Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect, and preserve the archaeological and historic sites and properties on the subleased premises. 37. GOVERNING LAW: This sublease shall. be governed by and interpreted according to the laws of the State of Florida. 38. SECTION CAPTIONS: Articles, subsections and other captions contained in this sublease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this sublease or any provisions thereof. 39. ADMINISTRATIVE FEE: SUBLESSEE shall pay TRUSTEES an annual administrative fee of $300. The initial annual administrative fee shall be payable within thirty days from the date of execution of this sublease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this sublease agreement, the fiscal year shall be the periOd extending framJUly 1 to June 30. Each annual payment thereafter shall be due and payable on JUly 1 of each subsequent year. Page 7 of 38 Sublease No. 4337-01 IN WITNESS WHEREOF, the parties have caused this sublease to be executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENW YS AND TRAILS Pw~ Print/Type Name Title: As~\ S~, re.c..-t-oY Print/Type Witness Name nSUBLESSORn STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me I t;..~~s I "3D+k day of :*~ 20~, by S \..t 7..Cln TIe P. ~ ~e...r- , as A' l\t 'Dl VPc...~ of the Office of Greenways and Trails, Florida Department of Environmental Protec n, who is ~e nal kno to tiel ry PublicfJs;,ate 7{ Plo da ~'tllcAe, ~df;yd Print/Type Notary Name Commission Number: ,..,\~'~Il~",.., , /i}</At!I..~,,- 'I~: ., '*: ,- . "- '~'..- ,"sl L "!Ii., ,', ",-tt", '-1)'"'' .~~~~- CYNTHIA RAE RADFORD MY COMMISSION 11 DD 032376 EXPIRES: October 6, 2005 Bornled Thru NolaIy PuolJc Underwrite.. Commission Expires: Page 8 of 38 Sublease No. 4337-01 ~~J~ ?~ tness 3Q.",\ c.:t..- r ~ \ \t\.d IT-. ~ Print/Type Witness Name STATE OF FLORIDA COUNTY OF ~INC::>~ and The foregoing instrument ~{ , b~ ~~,,~<;r\e- ~~ Lt.cJ; ~ and Council of produced CITY OP WINTER SPRINGS, PLORIDA :, its City C~ PAUL P. PARTYKA Print/Type Name Title: MAYOR (OPPICIAL S:;'~) Attest'~ ~clltllo.h-L.& bp~ Type Name G\l. Titl., ~ ~~e1.-cL nSUBLESSEEn was aCknowledged b~fore me this ~~ .2()U.)-, by ~ V. ~~. ~.~ day of Winter Springs, Florida. as respectively, /on-behal:~t~e City They are ~onallY kn me or as identification. Consented to by the TRUSTEES on 11}, day of ~ ~~.~ . Gloria C. Nelson, Operations and Management Consultant Manager Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection Page 9 of 38 Sublease No. 4337-01 ~ ...~ l_t~ ---= otary Pub~ State of Florida . ~~~ ~'":L.::> _ k.-.t.~ Print/Type Notary Name Commission NUmber: Commission Expires: ~ . '," . I' . ~ ':....',. . '. . . . G). . ANDREA LO. R.E.N.. ZO'LU.. ACES ,MY COMMISSION #CC 831931 " . EXPIRES: May 9. 2003 , l~ARY Fla: NoIaIy ServIce & BondIng Co. CONSENT , 20Ai. Legality By: Attorney , . .Ei:bibi,t "Am PARC~~ ).' That part orI,ot 30 lllock "fi", D.1l. MlTCiifJ;;L'f/S SURVEY OF TI1E 'iEV'.( G.RAN'I' ON ,LAKE JESSUP as recorded in Plat ;So ok 1, Page 5,ofthe F.nblic IN;.::o~dts ofSel11lnole COO1:1ty, ~orida, IDqre parnculnrIy described ~ follOWS:' ' . . Commence at the North~est corner QfL<>t.2S Blacll tfB" D.R. MlTamLL'S SURVEY OF TIm LEvY GRAN'l' ON LAKE J.ESSuPaS reCord~cI In ~d I>ublic Rccords~S21d po!~t: b~ing a r~'Vered 3/4 incu j.ron pipe; thence run S 18058',1.811 W aloX1g the W cst line of said Lot 28 ~ distauco of 720.11 teet; to th~ North Right orWn)' line ot :B'irst Streot (1\ 3Q foot npo:\,enc.d right afmy); thcn~ run S 71 i>24'0~11 E ~ong !laid North right of W11Y line 'fo^, :\ diS~l:lcc of 1154.47 feet to tbo POINT OF :B'.EGil'i-mNG; th<:ncc continue S 71024!05"::E for a distnl:lce of40:2.67 feet; thencc N ;1.91:''J,Q';2.8" :e for;lt d)stnD~ Qf;2.5.21 .t"\:ctj tbeuceN 15043'32" Wior a disu.uco of21.2J. feet; thence N 60043'32" W for II dist::mcc of95.5b f~ctj tl~<:lAtc N 71 OZ4'0511W for.l1 dis~CC of301.4-7 feet; thence S 6,3035155" W for:J. distllDCe of21.2;1. f~t; then~c S 18":35'55" W 10(" 2. d1st~nCe 000.00 f~t; thence S Z642.:L105" :E for :a qisttl.nce of:Zl.Zl feetj to the POINT OF BEGrNNl"N'G. Al'f.O 'P A:RCEL 2 Thatp.rt ofLot29 end Lot3~ moek"D". D.R.l\1lTCB:ELL'5 SUR'ITEY O;F=].:F.V)[ G~ ON LAXm J.E,SSUP 2S recorded in Flnt BQQ~ A, ~i).go 5 of'thc ,Ptlb1ic ~ccords o:fSeminolc County, 'Florida) more particularly d~cribcd as fol1QW~: . , Co "'>n'n" .1 th, No rth,ve,1 ,orn.r' of Lot 28 Blod' "B" )).1l. l\1lTCm;UiS SURVEY ,orr t'ftE J:,EV)[ GRANT ON LAKE JESSUP lIS recorded in ,aid Public R.cords, ,oid point bciJIg a ;<oovered 3/4 inch iron pipe; thOllee ruo'S 18'58'28" W along the Wos< U.o of ..'\id LotZ8 · distance of 720.17 fo., to t116 North Ri[;ht otWay lioe ot1l!rs1 Srree< (n 30 foot .nopened right otway), thence run S 71 '24'05" E along said North right of =Y 1ioo tor a distlll1'. ot 1015,35 f",' to the POINT OF BEGll'lNIN G i thell'. ,onunu, S 71 '24 'OS" E for a distul,e of59.12 feet; th..,e N 63' 35"55" E. fora <list;\... ofZl,z 1 t.ot; thence run rr 18'35'55" E for' di,t2nc<! of30.00 feet; tM." N 26"24' 05" W lbr . dj,toll" of:U .il f.<<: thoo" rr 71 '24' 05" W for ad isa... of 89.U feet; thOIlce 5 63'3S'55" W for. di.!tAIlCC ofZ1.21 fect; thell~ 6 :1~Q35t55"W fQr tl ai:;~nl:v ot:30,OO lcct; thCIlCC S ZoOZ4'05'1 E fo~:l. distaoce ofZ121 fcel to the POINT OF BEGI!\'NING, ' . ;. AND . . ., J?A.RCEL~ I Thot ~zrt of:(,ot 23 .:nd :(,ot ~9 Blook "Boo. p,R,l\1lTCRELL' S SURVEY OF'IIlE lJ!,V'/ GRAm ON L~ JESSUP liS reeorded In I'lat:llook1., 'P.ge 5 ofth.'P "bue Re~rd. of Sctnlnole Count,;, F1orld., ,,1.-\ ..,I",).. t" T 1 d' 'b-.J ~ 1l .' ;. r.\OS,iA'IHI.I" lCU~~~ Y e:lcn f.."\Jo a.1..0 om: , _... of"' . Commence At theN olib...cst <orner of sold Lot 28, :Block ":B", D,R,l\1lTc.a:E):,);,'S SURVEY of TIrE w.t~ ' ~.. 4 ~ ~,..;- Wlnu-rSl'rinz;4 TOWll Ccn=/13him\;ia'B Scrtljnol~ COlln~ I':.~c l,lltj . ~_. ...I'~' " ./ .---- Exhibit A Page 10 of 38 Sublease No. 4337-01 ", J..-EVY GR..ANT ON '/..;.AXE JESSUP as recorded j~ ~hI Publlc Records $aid point .being ~ r~overcd 3/4 ine~ il'ol:t pipe; thence run S 180SS'Z8" W alo;ag the Wl:St line ri!sai(l Lot Z8 D distsl'Dcn Qf 720.17 feat; to the North Right of Way llnoofFlrst Street (:;130 foot u.nopened right ofYla.r); then~!'Un S 7t24'0511 E along s,aid North right {1f TY1fj' line for ri liistallcC o~ 4S8.4& ~oC1 to tile :POJNT OF BEGINNIN"G; t,hel;l.~(: continue S 71 0241051' E for a distnD.ce of 47 6.81 Ieetj t.b.cncc N 63~5'5S" ~ for.~ . distnncc of21,21 foeti thence N lSD35155'f E for a dist.lln~ Qf30.00 feet1 thcncc.N Z5OZ4'OSll W for a dist1t:nce of:21.2;1. fed; then.ce N 71 "24'0511 W for a distmce of 47t;.S7 feet; thence S 63035IS511 W for a , d.i.stance of:Zl.2l fCQt; 't;b.CD.t:c S 1803S'5.Srt W fo'r a distance of30.00 feet; thcix~ S 2f)OZ4'OS" E for a dIstnncc 0111.21 feet to the :POINT O),i' :BXGINNXN'G. . . , ' ...AND . , P A.'RCEL 4- 'rlu~t part QfLot28 and Lod.!> Block ")3I1,D.n.rrnTCHE':Cr./SSURY:CY OF TEE I/EVY CmAN'r ON LAKE JESStJP ll!}. rel:Ofd(;Q in Flat BooI' 11 "P~g(l5of the Public Records of SCnll 11 ok County, Flo"id:ll7 mOre p,u-ticw:ady' dcscrilJ~d ~s follom;' I GQmml:ncc ~tthc Nortl1 west corner of 5~[d Lot 28, }31ock I'BII, D.:R. MITca:ELL'S SURVEY OF TEE UW C;It/>.Nr ONLAI{E ~SSl1.P, ~ recorded in sa1dpubHcRe(;ords.said point being.a rcc<lvcrcd 3/4 inch iron pille; thence run S 18'158128" W along the West li~c of sa.id LOt 28 a dist$tncc of 325.09 feet; thence lCll:ving said West line of Lot ;z.S run S 71OZ4'05it E for.3. distance of3SS.54 f~t to the POrN'I' OF BEGINNING; thence S lS935155/1 W for 2. q.istnncc of:l.30.00 feet; the-uce S 1.5OZ3'5S" E for a distance of81.26 feet; thence S 1.9007'50" E fora distance o!160.1;2 feet; thence S71 "24'05" E fQr a distaou Q1."4SS.Z9 feet; thence N 18(135'55" E for;/l. distance of137.55 feets th~tlccN 71 024105" W for a. djst~ncc of:293..20 rod) thence N 00000'00" W~~t for a distance of200.02 !cct; thence 'l\ 8~"31T22T1 W for a distance of 105.03 feet; thence N 71024'05" W fOr a distnnce of 162.$4 ieet; to the POrNT OF BEGINNIN'G. Together with ~ ~5 fl;~twidc'cnscm~ntfor acc~~ MtOSS the followingdescribcd pm-eel: 'l11at part of Lot 28 and Lot 29 BlOck I'BK, )J:.R..1vfiTCEELL'S SURWY OF nm LBVY.GkANI ON LAKE JESStJ'P as re~rded in Plat Book ~, paze 5 of the :Public :Records of Seminole County, . Florida., more particularly described as follows: ' . Commence at th~ Northwest comer'. of said Lot ,2'8, ;Block "Bil, D.R. ~TCHEJ...I}S SURVEY OF . ~ LEVY G~ ON LAKE JESSUP as recorded in sa.i~ Public Records said point beirig a rwvercd 3/4 inch iron pipe; tb.e.nce run S 18oss~n W along th~ West 1i:ne of said Lot 28 a distance . of 720.17 feet to the North Right QtWay line of First Street (2. 30 foot unopened rlgh~ Qf\vay); thence iun S 71 0:24105.. Emong sald"North.right of way lineior.a distan~ of 488.4& feet; thence run ' , N 261124'05".W a distance of835 feci; thence run 1'\ 89"39'33" ~ a distance of:Z;;.OO feet; thence run N 690 13"52D E a distD.hce of20.00 feet; thence run N 43" 51 '29H E a distance of3 6.82 feet to to the. :romI' OF :B~GIN1'DNG of ~ lS.0q foot wigc strip of land lying 7.5 fc~.t on each side ofthe folI~mog dcs,cI"ibcd fu;le; .thence. from said po1nt ran N 3JQ 11 ~~\I E a. distance of31.00 f?ct to the .' p.O;Nj';'<0F T.ERMINATION of ~d line. 'rhe side lliics. of Sai,d 1 S foot strip of.land ar'il t91en,gthcn . or shorten tQ interstWt at'propcrty lines ond to close and boupd scid dcscn'bed lin~ as necessary. . . . . Wintet 5ptlrl~t TIlWl> Call<:VD1\\m\>l:rl'i , ~\J\olc COIln~ p~c2llrJ 8SM~ 8y..s.7? -~~. . , ~ . ..j' ,-- ..- , ~.: .-- " Exhibit A Page 11 of 38 Sublease No. 4337-01 /' , . i ' \ \ AND PARCEL 5 That p~rt o1'Lot 28 :inOi:k~IB", D.R...MItC:aELL"S SURVE~ OF TEE L:E'VY GRANT ON LAIOi. . mss'tTP :t\l t'ocl>rdtdin :rl;Lt :Soolc x, :P.ugc S, oftbe .Public :RocQrd~ Qi'SemSD,olc COtu;trt Florid.a., being more particul~ly Qi;8cribcd as foUows: . .:B4gj.);l. at the Northwest corner ()f snid Lot ~a7 'Bloc1, ":Bll) D.lt. MlTCF.CE;r.,L'S SUR'V:ltY OF TEE :LEVY GRANT ON LAKE J':ESSUJ? ;1$ .~c\)rdcd ill s:4id:E'U bJJ.c Roeordsl sa1d'pomt being ,:1 rc~overed 3/4 inch iron pIpe; -thence r~n S lso581~SIl W :tlo:ng the West line of said Lot.23 a..(1istAnce of265.09 . feet; thence ~~Yi.ng :mid Wlllit line ofI.Qt;2.8 TUn S 710Z4'OS'! E A for di..stance 01'275;1.5 fecti thcnca~ 1803:.)15511 .E for n distanco of265.i3 feat to tho South .Right of.WSlY )i);l.O of'Sccond Street (a '30.00 foot right of'W;l.Y); thcn~c N71 oZ4138'I W ~long said Sou.th Right ofWny lh:1e f.or a dist:a.l1CB of273.41 feet to ihe POINT OF DEGINNING. ' ' . . .. . ",~, ~ ,.';f~t."1, ,', . I . III" WimCl' Spdn~ 'l'DWIl owaIB1umOUlt ~~f:''''L.r C...."1 ~34f3 , I ~~~ ~,AS ~~4.1, . tli~- .. ...-. ,j Exhibit A Page 12 of 38 Sublease No. 4337~Ol . '. . . ," , 84~18/2BB1 11:11 8565265947 BONDURANT AND FUQUA PAGE 11/1 EXHIBI'r II B If . Sheet 1 See Sketch ofDescrip~oI1 Included as Attachment nAil EASEMENT 1 15' ACCESS EASEMENT OVER LANDS TO BE Ac;QumED BY FLA~ D.E.P. That part of Lot 28 and Lot 29 Block liB", D.R, :MITCEELL'S SURVEY OF nIB LEVY GRANT ON LAKE JESSOP as ~cCordcd in Plat Book 11 Page 5 of the Public Reoords of Seminole County, FIorid~ more particularly described asfollows: . Co.tnIJ;1encC at the Northwest comer of said Lot 28, Block "BII, D.R. MlTCEELL'S SURVEY OF THE LEVY GRANX' ON LAKE mSSlJ,P as recorded in said Public Records said point being a .. recovered 3/4 inch iron pipc; thenCc run S 1.8 D S8~8" W along the West lirie of said Lot 2.8 a distanCe. of 720.17 feet to the North Right of Way line ofFitst Street (a 30 foot unopened right afmy); thence nul S 71 o2410511E 'alqng said North right of way line for a distance of 488.48 feet; thence I1lIl N 26024'0511 W ll. distance of8.35 feet to the rOINT OF BEGlNNING ofCllS.00 foot wide strip of land lying 7.5 feet on each side' of the following described line; from said point run N 89039'33" E a distnnce of25.00fcct; thence runN 69013'52/1 Eo. distance of20.00 feet; thenCe run N 43 II 51129/1 ED.. distance of36.82 feet to thG:PQint of Termination of said line. The side lines of said 15 foot strip oEland arc to lengthen or shorten to int.erseict at property lines and.to close and bound said described line 4$ .necessary. . Containing 0.028 acres more or less. I'; T01-~8.,U . . . :,..~"1l ,-. ,. Thi:s description and the uccompm)'ins ::Ik<;tch or skc~' has oa:n prepared in. accOrd4u~ ,with. tho. StanciMd.$ set forth in Chapter 61 G 17, F.A.c.::., purSUllIlt to ~ 177llDd 472, FlocidA:St4Mes.'Unll?Ss it Oc:8.rs . the sigoatll.n: l1Dd thcorigintll. r~~al: or a Florida li~ ZULi'Cj'or and mapper this~clr~s:.:skctc~ plat 0(" mnp is for infDanlltio1llll p~-'only.and~ not V31id. . .ad/~:. ~'....> ARnroRW. TUCKER. P.L.S. #4381 .. D~tc; ::z -/(. -. 6/ Prepared by: Twcpnugh Surveying Services, Inc. . 379 W~:MJ.ohig~ Stroc~ Suic.c :208 Orlando, FloridA :3:2806 (407) 422-0957 ~~. . wfi"'?~~].d~1 Exhibit A Page 13 of 38 Sublease No. 4337-01 .... en. ~ ...... N C ~ !:! w , (!) t <( ~ n. ti C1 -~- ~ . I ~ iJ.~ ~{)k <( !i; '" (5 :J ~&g CI ~(S~ li) :J U. G;;f~ lJ Cl ~ 8!]~~ :z: <( r:Jt>i/t... ..,.. ~J#~~g . ?i . 'Q: cr is ~ !:f to :J .t{l:t~~ Cl .:Z: .0 . ~ .~ ~ CIl'"dtrl C III X 'o-QQ:J I-' Cll .... .Cll 0- III ..... .... CJl .p. rt Cll o :x> ZHl .0 . \.J..l (Xl .p. \.J..l \.J..l ...... I o ..... . l"- V Cl U) to N to tS) to ro ~ ~ \ ~ \ rl rl (S) (S) N ...... OJ rl ...... "I:J". (S) MlMSrn BEARING 1I N 89:]9'.)J" E L2 N 69-IJ'52" E LJ N 43'5"29" E {.4 N 3.:"" 'ze" E (5 N 31 ~9'or c 1.6 11 .,J9tl]'22" E t7 - H .29'0)'09" E l8 N SO'.J3' 4-0" C" D.'?AIIN BY; R. NIno SKET9H OF DESCRIPTION NOT. A SURVEY'~- NOTts; L THIS IS NOT A SURveY. 2. BEARINGS $HOlm HEREON ARE DERIVED FROM A PRE\1OUS PROJECT p~EPARm BY 1l-nS FIRM FOR THE" FLO.'?IOA DEP}'RTUENT OF PROTECT/ON; PRO.t€Cf NAME:: lAND ACOUISTlON SURVEY! APPRAJS},l MAP ~\1NTE:R SPRINGS TO\\-W COJ)1J~ GREENlVA'rS AND m^IlS PROJECT D.fP. Ot-'TICE j'57680 . AAO ARE: BASED ON THE' No.qTHC"ASTERO' RIGHT OF \'fAY WJE OF STAJF RO)..[) 4-J{. IS PER FLOi~LDA DEPARTMENT Of TRANSPORTATION RI~f or WAY UAP SEClIOH 77070-2516 BEma SOUTH .3"8'43.'16- EAST. f:: . . Tinklepaugh '" .~ . SURVE'I'U{G SCRY2CES. INC. . 31 ~ Vi. U~:gon Slr411t, Sun.. 20~ - OrIaodo, nC)ri~a . 32806 T.h. Ha. (40'"l) ..c~-(YlS7 Yo: No. (~07) o(<!Z-6Ilj5 lJCeli:JZO lroSL~;:SS )10. Sn6 '\.~Oo' hJ:vr ~ "-e'l> -# k~' 4<'1: b<o Cq ~ () ...., & ~ ~ p . LOT 28 BLOCK "8" THE LEVY (JRAN1 OIll.A1<E: JESSUP D.R. WTCHEllS SURVEY OF PLAT BOOK " PAGE 5 . A' . Q-~ roOrce./ 6' . . ~,..t~C(lo...., PO.w,. . JP<i'Q~ hI' 1~' Op l), r""QI\>~ . -1CCc.ss ~G'b\rN,'lIJ '. Ii'/",.. ~rJ~ '1''0 . U-VC- ~~ ~ <{j~.;.. :--.. Os', S~.~ . <l'.:JS'. ~l~~ ____ ~OS- .......~ -- ~----. ____ '08, ~ DISTANCE 25.00' 20.00' .35. B2' J1.00' 60.00' 90. atJ" 75.(JO' 45.lJO' DATE': 2/15/01. ORDm NO.: T01A58 SCAI.E: ,"= 100' FlLE:: SX i6986-,fJ2 HDuSCf] LOT 29 BLOCK "8" mE LEVY GRANT on LAKE: JESSUP D.R. WTCHEtlS SURVEY OF . ~T~Kl.PAWSI' t~i. . ~~ ~~ ~~. _ ~,-c.. . 'I .' I ., 84~18/2ee1 11: 11 8565265947 BONDURANT AND FUQUA PAGE 13/1 Sheet 1 See Sketch of Description Included as Attachment nAil EASEMENT 3 . 15' ACCESS EASEM::ENI' OVER LANDS TO Bf.,;ACQUIRED BY Fla. .n.E.P. That PMt of Lot 28 and Lot 29 Block l/;I3u, D.R. MITCHELL'S SURVEY OF TEE LEVY GRANT ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of Seniinole County, Florida, more particularly described as follows: ' Commence at the :Northwest comer of said Lot 28. Blook liB", DoR, MITCHELVS SURVEY OJ;i' THE LEVY 'GRANT ON LAn JES~DP.as recorded in said Public Reoords said point being a recovered 3/4 inch iron pipe; thence nm S lSCl58'28" W along the West line ofsnidLot 28 a dlst.nnce. of 720.17 feet to the North Right of Way line of First Street (a30 foot unopened right of way); thence run S 71924'Osn E along said North right of way line for ~ distance of 488.4B feet; thence run: N 260~.4r0511 W u diStance of8.35 f~; the;ncc run N 890:39"33" E a cl.i.stancc of25.00 feet; thence run N 69013'52" E a distance of20.00 fecti thence run N 43 05112911 E a. distance of3(5.82 feet; thence ruI~:N 33 011'28" E a distance of31.00 feet to t-O the POINT OFBEGlliNlNG of A 15.00 foot wide. strip of land lying 7.5 feet on each side oftl1e following 'described line; thence from said point run ~ 31039'01" E a distance of6G.OO feet; thence run N 39007'22'1 E' [l distance.of90.00 feet; thence rurt N29003'09~ E a diS't41J.ce of75.oo feet; thence runN SOQ3314{)~ E a distance of 45.00 feet to the point. of Terrnlnation of said line. Thc sidc.lines of said 15 foot strip ofland are to lengthen or shorten to intersect at property lines and to dose and bound said described line as necessaI)'. Contuining 0.093 acres m.ote or lc~. " Prepared by: Tink1cpaugh surveying %vi~, Inc. 379 West lvllchigllIl Street Suite 208 Orlando, Floridl\ 32805 (407) 422-0957 . TO I -A5~~~.,:. ( . ""'r, I-\~ . ~ .~, ,,~, . - '" This d~pUOD and the n.ccOmpO!l)'iog ~tch or sk~ luI:s hccn :prepared. in ncco~ willi the Standnrds set!cxth in Chllplcr.61G17, F':'\.C.,'pllr$UllIlt to Chaptci's 177 m:x1472, I.'lcridA S~~ unlc:;:s it ~ the signature aDd 1l1e originnl rais<4 ~ ota Flprida !.icet:I.seQ survC;Y01" nnd mnppcr this c1ni,win& .skptch. plat a-map is iOrinf~~ only and.is not vnlid. ~~4~ ARnrtTR W..WCKER. P,L.S. fl4:381 Date: :.2. .-/t.,. 0 r ~'APP~ .' ~m A:~ oateJ:l~1 Exhibi~v~. Page 15 of 38 Sublease No. 4337-01 4.M.Jhr. Ol}-'q; l"o e. eel 6' J1qy~-1~ PO/Nr ~~ $)- TS. OF" l1. fNOI?7HR~ ~~ g:~~/NQ . l~.: -....lr(~ir ~ . N~ ~.r CR, :::--. 6<4 OS" s~_~ ~J'S' /I~~ 'Jbs~ ~ ____ t: ~ ____ ..... ..............y B 8.1a -;-- ~ -r ~ ~~ ~~/s !i11 i... ~ !f! ~ &~~ & I. &r-,~~ ~ -..z~ v~ ~ ~ " f..... &IlL... ~ ~ ~ ~~-~ rs ~~CvQj } ~~;:I... .. :?;Q'~~ ~ (} 'J ~ ~ '" " t:; ~ ---- ---- ~~. ~9 l~ (g. ; R NUIABrn ~~ u .~ 1.2 ~ lJ t~ 1.5 1.0 1.7 L8 BfAR.!NG N 89'39'.3.3" E: N 69'1.3'52" E N 4.)'51'29" E: N .3..31 1'28" E N .}J"J9'07" E N .39'0122" E N 29'03'09" E N 5O:J':f~o" E DISTANce: 25.00' 20.00' 36.a2' :J 1.',) O' 60.00' 90.00' 75.00' ~5.00' DRA'm"'i 81: ft: NTEro DATE: 2/15/01 SKETCH .OF DESCRIPTION NOT A SURVEY... . . ""-YQ 00' ::::;v r ~ I.{J 4. ..."..;~ lc.re ""<:to Ol{ NO TES: I. THIs IS NOT A SURVEY. 2. BeARINGS SHOWN HEREON ME DERIVED FR(),lJ A PREVIOUS PRO./CCT f>RfP/lRfD BY 7H1S f1RAI fOR mf flORIDA DEPARTMENT OF p.ROTfCnON: PROJECT NAME: lAND ACQlJlSl10N SUR\1:Y/ APPRAlSA.L /..lAP I'r!,V1ER SPRINGS 70WN Cf:II7fR . GRf(IIWAYS AND mAILS PRD.J€CT . . D.F.P. OFfICE" [07680' . . ANt) ARE BASED ON mE NOR1HEASTU?LY RIGHT OF WAYlrNE OF STATE: ROAD 4-34- AS PER Fl.ORJDA DEPARTM[Ur Of TRANSPORTA11OU fUCtl1 OF VlAY MAP SCCDON 77070-25JS BEING scum J8'-lJ'[S" EAST. LOT 28 BLOCK"B" JHE LEVY GRANT ON LAKE JESSUP . ~:/' ~..:t ~/ Hoose '0 lOT 29 BLOCK. "a" THE: LEVY GRANT ON l.AXE JESSUP DR. WTCHE:US SURVEY OF EASEMENT -1 15' ACCESS EASEMENT Tinklepaugh ~ SURVEYiN~ SER'(!CES,. IHe. J79 Yl.- W~;51on Str.ol. Su>:c 20S.. Olfond",. floMo 3.2605 j.lt. 1{0. (t07) ~2-0;~7 lb.x tit>. (oWl) .(~-1l91~ UCelo"SSD eus~ 1(0... ~ OROER NO.: rorA58 SCALE:: '1~= 100' FILE: SX j5986::'B2. CS) ..,. '- ..... CD '- 10 CS) CS) ..... ..... ~ ~ ..... ro Ul CS) 01 10 Ul 01 \.D A ---J to a :z:. o c ;;0 )> :z: -f ~ o "T\. C kJ C )> -0 J> Gl r>l t-" A. ...... I-' LD \ .. \" .... 4-....:__ .-i o I r-... C') C') ..j' co C') . o 4-lZ ~ 0 Q) W \D tI) .~ .-i tIS ..0 Q) -r!Q)r-l ;.e: co..o X <0 ;:l wp.,U) .." .:;. CIJl-dtrl c:: ~ X 0" QQ ::r' ~ (1) 1-'- (1) 0" ~ >-' 1-'- CIl ~ rt (1) o :>> Zt-n o . w CO - ~>< X >< >< ~ ~~ ~^x X ~ X><;X - X'>< ;XX:x:X '><~~V" ~~ ~ '>< 0X><0 . >y'~~>!J <:. . :v~ ~ ">("XX "" ''Xx:X: "XU? K~ ~~~ -:>< ><?< X ."'#:. . _ ~"-~ ~ ~ ~ Hi- 'f l' ~:; ~ ~ S~.='">~.( _ 'I ~ ~ ~ ~~ , IK ",. ..:;... . - 1 ~ ~~~~~ -,\;,.' ~ I. ~ ~{~. ~~~'z~. ~~ '><. ,~ l~ :S:::::: ~~\U~ ~ ~ ~ ~i~' J' ~ '><.~ ~~ Q[jjj ~< s: ~ ;: ~~ ~ I~.~ ~ . ..1.fa (~ CJ!ltJ. ~ //b ? "~~ ~~~~~ ~&lfJtJtJj ~ ."' ~ ~~~ r::::Jc!J:ifI~ . EXISTING FLORIDA " ~ ~ ~/h 90 ' 1)~~:~"f:~~~T{ 1& NAJ)?~cSiJrJC ~~ ~~ 1111 Ul<<t- ..~ "-~~ 'r\)~' SEMRlOLETRAlL ~~ ,,~"~~~. I N ~Y\ ug,ndA . ~ ~><tl. ' :s.~) Q ~ ~ llhul1btrt - Subject ~ AC'Iuulloa Parce" . ~ Ctl]Owl1cd 1 ~ ~ ~ L ~ .. ~ 1 ~ S h" ~ ,;' "X>~~ '~ / 'f':.: ~ Clty.-ur<Dual . ~ ..... ~ -.1, ~ ~ @ K <O'-e ~~ ZX~.. ?\~' ~. []]] Fl1lun OCT AC'Iuhtlo. ,,'" r U P>r..u ~\ nO ~<3 'u ~U //rl~~~~ . II 0 ~v . l'n\~. ~(f. ~~~. / / eJr/ ~ Proposed ,/ ,/ . Flyover .. Lake' Jessup ~ w w ~ I C> >-' " )> t) ~ 1m ~ . .~ U G~t\lX~&tK~rs . . Winter Springs town Center Acquisition Project N W*E s u . " U . l' w.. . - -,\" II Legend B . ~. StbrlmJ. be. (),,,..d ~ l'ropostd ExcbllGl~ ..... Stat. O......d . l'ropostd ExcblOl'. -=- EwtlatTro'U --= Mal.. Slnet o Trsl:U..d _ l'rOI'OU<! Tun "Exhibit B" SAL3 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT OVIEDO SPR~NG HAMMOCK W~NTER SPR~GS TOWN CENTER (5.92 ACRES) Lease Number 4337 This lease is made and entered into this 31$$ day of ~ 20JlL between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and the FLORIDA DEPARTMENT ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS, hereinafter referred to as "LESSEE". WITNESSETH: WHEREAS, the BOARD OF TRUSTEES OF THE J:NTERNALJ:MPROYEMENT TRUST FOND OF THE STATE OF FLORIDA holds title ~o certain lands and property being utilized by the State of Florida for public purposes, and WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORJ:DA is authorized in section 253.03, Florida Statutes, to enter into leases for the use, benefit and possession of public lands by State agencies which may properly use and possess them for the benefit of the people of the State. of Florida;,. ;. NOW, THEREFORE, for and inconsideration of. the mutual covenants and agreements hereinafter contained, LESSOR leases the below described premises to LESSEE subject to the following. ter.ms and conditions: .'. 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations. herein shall'be exercised by the Division of State Lands, Depar~ent of '. .Environmental Protection. 2. DESCRJ:PTION OF PREMJ:SES: The property subject to this lease, is situated in the County of Seminole, State of Florida and is more particularly described in Exhibit "An attached hereto and hereinafter called the "leased premises". 3. TERM: The ter.m of this lease shall be for a period of fifty years, commencing on ();j~1fT .3/ , :MIJ / I and ending on ~ g~, :?t5 J , unless sooner ter.minated pursuant to the provisions of this lease. ,j 4. PURPOSE: LESSEE shall manage the leased premises only for the conservation and protection of natural and historical resources and resource based pu~lic outdoor recreation which is compatible with the conservation Exhibit B Page 18 of 38 Sublease No. 4337-01 and protection of these public lands, as set forth in subsection 259.032(11), Florida Statutes, along with other related uses necessary for the accomplishment of this purpose as designated in the Management Plan . required by paragraph 7 of this lease. 5. QUIET ENJOYME~ AND RIGHT OF USE: LES~EE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use. of the. leased premises or any use thereof not in conformance with this lease. 7. MANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for the leased premises, in accordance with Section 253.034, Florida Statutes, and subsection 18-2.021(4), Florida Administrative Code, within twelve months of the effective date of this lease. The Management Plan shall be submitted to LESSOR for approval through' the Division of State Lands. The leased premises shall not be develo~ed or physically altered in any way other than what is necessary for security and maintenance of the leased premises,without the prior written ~pproval of LESSOR until the Management ~. Plan is approved. The Management Plan shall emphasize the original management concept as. approved by LESSOR at the time of acquisition which established the primary public purpose for which the leased premises were acquired. The approved Management. Plan shall provide the basic gUidance for all manageme~t activities and shall be reviewed jointly by LESSEE and LESSOR at least every five years. LESSEE shall. not use or alter the leased premises except as provided for in the approved Management Plan without the prior written appr?val of LESSOR. The.Management Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. 8. RIGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right at any and all times to inspect the leased premises and the works ~ and operations thereon of LESSEE, in any matter pertaining to this lease. Page 2 of 21 Lease No. 4337 Exhibit B Page 19 of 38 Sublease No. 4337-01 9. INSURANCE REQUIREMENTS: LESSEE shall procure and maintain fire and ~xtended risk insurance coverage, in accordance with Chapter 284, F.S., for any buildings and improvaments located on the leased premises by preparing and delivering to the Division of Risk Managament, Department of Insurance, a completed Florida Fire Insurance Trust Fund Coverage Request For.m and a copy of this lease immediately upon erection of any structures as allowed by paragraph 4 of this lease. A copy of said for.m and immediate notification in writing of any erection or remOval of structures or other ~provaments on the leased premises and any changes affecting the value of the improvements shall be submitted to the following: Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. 10. LIABILITY: LESSEE shall assist in the investigation of. injury or damage claims.either for or against LESSOR or the State of Florida pertaining to LESSEE'S respective areas of responsibility under. this lease or arising out of LESSEE'S respective management programs or activities and shall contact LESSOR regarding the legal action deamed appropriate to remedy such damage or claims. 11. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of HistoricalR~sources. The Managament Plan prepared pursuant to Section 253.034, Florida Statutes, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeOlogical and historic sites and properties on the leased premises. 12. EASEMENTS: All easaments including, but not limited to, utility easamentsare expressly prohibited without the prior written approval of LESSOR. Any easament not approvea in writing by LESSOR shall be void and without legal effect. ~ 13. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, with~ut the prior written approval Page 3 of 21 Lease No. 4337 Exhibit B Page 20 of 38 Sublease No. 4337-01 of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 14. POST CLOSING RESPONSIBILITIES: In an effort to define responsibilities of the LESSOR and LESSEE with regard to resolving post closing manag~ent issues, the parties agree to the following: a. After consultation with the LESSEE, LESSOR agree to provide the LESSEE with the title, survey and environmental products procured by the LESSOR, prior to Closing. b. LESSOR will initiate surveying services to locate and mark boundary lines of specific. parcels when necessary for immediate agency management and will provide a boundary survey of the entire acquisition proj~ct at the conclusion of all acquisition within the project boundary. Provided, however, the LESSEE may request individual parcel boundary surveys, if necessary, prior to the conclusion of acquisition activities within the proje~t boundaries. c. Unless otherwise agreed to by LESSEE, LESSOR shall at its sole cost and expense, make a diligent effort to resolve all issues pertaining to ail title defects, survey matters or environmental contamination associated with the leased premises, including but not limited to trash and debris, which were either known or should have been reasonably known by LESSOR at the t~e LESSORS acquir~d the leased premises. Notwithstanding the foregoing, LESSOR will not be responsible for any of LESSEE'S ~ attorney's fees, costs, or liability or damages incurred by the LESSEE in resolving any issue in which the LESSEE is named as a party i~ any litigation or other legal or administrative proceeding. . . , d. with regard to.all title defects, survey matters, or environmental contamination associated with the leased premises which were not known or could not have been reasonably known by LESSOR at the t~e LESSOR acquired the leased premises, LESSOR -- ~ ~d LESSEE agree to cooperate in developing an appropriate strategy for jointly resolving these matters. LESSOR Page 4 of 21 Lease No. 4337 Exhibit B Page'21 of 38 Sublease No. 4337-01 acknowledges and understands that LESSEE is unable to commit any substantial amount of their routine operating fUnds f.or .the resolution of any title defect, survey matter, or enviro~ental contamination associated with the lease premises. Notwithstanding the foregoing, LESSOR will not be responsible for any of LESSEE'S attorney's fees, costs, or liability or damages incurred by the LESSEE in resolving any issue in which the LESSEE is named as a party in any litigation or other legal or administrative proceeding. 15. 'SURRENDER OF PREMISES: Upon termination or expiration of this lease LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, written notification shall be made to the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900. Commonwealth Boulevard, ~allahassee, .Florida 32399-3000, at least six months prior to the release of all or any part of the leased premises. Notification shall include a legal description, this lease number and an explanation of the release. ~he release shall only be valid if approved by LESSOR through execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon expirat~on or. termination of this lease, all permanent improvements, including both physical structures and modifications to the leased premises, shall become the property. of LESSOR, unless LESSOR gives written notice to LESSEE to -'. remove any or all such improvements at the expense of LESSEE. ~he decision to retain any improvements upon termination of this lease shall be at LESSOR'S sole disc~etion. Prior to surrender of all or any part of the leased premises, a representative of the Division of State Lands shall perform an on-site inspection and the keys to any buildings on the leased premises shall be turned over to the Division. If the leased premises and improvements located thereon do not meet all conditions set forth in paragraphS 18 and 21 herein, LESSEE shall pay all costs necessary to meet . .,--' ,j the prescribed conditions. Page 5 of 2J. Lease No. 4337 Exhibit B Page 22 of 38 Sublease No. 4337-01 16. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease.in compliance with paragraph 18-2.018(2) (h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR, LESSEE or other land managing agencies for. the protection and enhancement of the leased.premises. 17. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to. the respective arthropod control district or districts within. one year of the effective date of this lease all of the environmentally sensitive and biologically highly prOductive lands contained within the leased premises, in accordance with Section 388.4111, Florida Statutes and Chapter SE-13, Florida Administrative. Code, for the purpose of obtaining a public lands arthropod control plan for such lands. 18. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilit~es turned off when the leased premises are surrendered. 19. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of.LESSOR shall be void and without legal effect. 20. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require. the prior written approval of LESSOR as to purpose location, and design. ~ Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipmen~ placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 21. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the reai property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not. . .{ limited to, 14eeping the leased premises free of trash or litter, maintaining all planned ~provements as set forth in the approved Management Plan, Page 6 of 21 Lease No. 4337 Exhibit B Page 23 of 38 Sublease No. 4337-01 meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be at the date of. this lease; provided, however, that any removal, closure, etc., of the above improvements shall be acceptable when the proposed activity is consistent with the goals of conservation, protection, and enhancement of the natural and historical resources within the leased premises and with the approved Management Plan.. 22. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the p~rties and shall only be amended with the prior written approval of LESSOR. .23. BREACH OF COVENANTS, TERMS, OR CONDITIONS: S~ould LESSEE breach any.of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the. satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate. this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 24. NO WAIVER OF BREACH: The failure of LESSOR to insist in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenan~s, terms and conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of anyone of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 25. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises. or aga~nst..- .. any interest of LESSOR therein. Page 7 of 21 Lease No. 4337. Exhibit B Page 24.of 38 Sublease No. 4337-01 . . 26. CONDITIONS AND COVENANTS: All of the provisions of this lease shall be deemed covenants running with the .land included in the leased premises, and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 27. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent. properties, or.any part thereof.. (b) LESSEE shall not. generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited. to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not pe:rmitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defin~d by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic .or dangerous waste, substance, material, pollutant or contaminant. "?ol~utants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403,. Florida Statutes, and the rules promulgated thereunder, all as amended or updated from t~e to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any ~egally required closure, ... . investigation, assessment, cleanup, decontamination, ramediation, restoration and monitoring of (~) the leased premises, and (2) a~l off-site ground and surface waters and lands affected by LESSEE'S such failure to comply, as may be necessary to bring the leased premises and affected off- site waters and ~ands into full compliance with all applicabla federal, ,,-- .. state or ~oca~ statutes, laws, ordinances, codes, rules,. regulations, orders and decrees, and to restore the damaged prope'rty to the condition existing Page 8 of 21 Lease No. 4337 Exhibit B Page 25 of 38 Sublease No. 4337-01 immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. Nothing herein shall relieve. LESSEE. of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE's activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other'violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies' having juriSdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 28. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against ~he leased premises. 29. RIGHT OF AUDIT: LESSEE shall.make available to LESSOR all.financial and other records relating to this lease and LESSOR shall have the right to audit such records at any reasonable time. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to Chapter 119, Florida St.atutes. 30. NON-DISCRIMINATION: LESSEE shall not discriminate against any . individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 31. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon .. and subject to LESSEE obtaining all appliCable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the Page 9 of 21 Lease No. 4337 Exhibit B Page 26 of 38 Sublease No. 4337-01 State of Florida or the United States or of any political subdivision or agency of either. 32. TIME: Time is e~ressly declared to be of the essence of this lease. 33. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 34. SECTION CAPTIONS: ArtiCles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, . interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 35. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative fee of $300. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agrearnent. and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. ~ Page 10 of 21 Lease No. 4337 Exhibit n Page 27 of 38 Sublease No. 4337-01 IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: .~(]. ~ (SEAL) GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPAR'I'MENT OF ENVIRONMENTAL PROTECTION "LESSOR" Print/Type Witness Name STATE OF FLORIDA COUNTY OF LEON 1\ The foregoing instrument was acknowledged before me this ~/~day of ~ 201lL, by Gloria C. Nelson, as Operations and Management consu~anager, Bureau of Public Land Administration, Div1sion of State Lands, Florida Department of Environmental Protection, acting as age~t on behalf of the Board of Trustees of the Internal Impro~ement Trust Fund of the State of Florida. of Florida Print\Type Notary Name ~I~'~~~ CHERYLJ.~NG li):' .~\. MY COMMISSION' CC 652921 ~. . .~J EXPIRES: November 7, 200.3 "'/~;P.f.,i;:.'t...., Bonded Thru NOIary Publlc UndorMilers Commission Number: Commission Expires: Legality By: ~ ....- <i .Page 11 of 21 Lease No. 4337 Exhibit B Page 28 of 38 Sublease No. 4337-01 FLORIDA DEPARTMENT. OF ENVIRONMENTAL PROTE ION, OFFICE OF GREENWAYSAND TRAI L +- Print/Type itness 1-ka:t/1>>u iflA d.L W:i,t;ness ~ Ht..a.f-hp/ ren.ce. Print/Type Witness Name Title: Print/Type Name A~~ "1 S+()jv\-OI re cThr: . "LESSEE" ",-;.\-;;'~r~?j,':;. Shannon Franklin [.(A...:"": MY COMt.;1lSSION # ccmoos EXPlRES :::"'~-A; May 23 2002 ?,'~i<<:,r.-~"- DONDED THRl/ TROY FAIN INSUlIANCf, 1Ne. STATE' OF FLORIDA COUNTY OF LEON A 'l'he(_foregoing instrument was~c~o'\'{:lrfjldged before m~ t;~iS+~~ q~y of .t:t!d;&;.lS:I:....-. 20.dt-, by SU"LOflfl-e. r: ~ , as ASSI?ct1lt\' _ re.c:IlnC, on b alf of the Office of Gr~aYSand TrailS, Florida Department of Environmental Protection. H Ishe is .pe nally known e . produced . as> t> > t. . k~ a Public, stat~Fiorida . S\\ta\1~ ho.nL~\J Print/Type Notary Name Commission NuInber: C-C 1 \ '-iDOb Commission Expires: ("'\\Cuj ~ I 2..Co2- : ' . '. Page 12 of 21 Lease No. 4337 'Exhibit B Page 29 of 38 Sublease No. 4337-01 This Instrument Prepared By a.nd Please Retyrn to: . Fl'ankE..BonduBnt . Bondurant and F\1<lUA, P ,A.' '. P. O. Box 1508 Marianna. FL 32447 (SSO) 526-2263 FLA BAR. NO: On0330 Date: ' W ARRANTi' DEED (STAroTORY FORM. SECTION' 68.9.0;l, F.S.) , THIS INDENTURE mlldc thi:;l~AY ofAprl1.'2001, 'betwB~ LEWIS BLUMBER.O end wif~.JUANITABLm.wERG. oIk/a JtJAN1T It. D. BLUMBBRO, whose adckoss is 1130 .E. State .Road 434, WJntcr Sptmgs, F!. 32708. Grantor, axlcJ the BOAltO OFTRUST.B.ES OP THE IN'1"ER.NAL nvtPllOVBMBNTTRUSTPUND 01= THE ST A TJ! 01= FLORJDA, wAoao post office Ilddross is c/o ll'Iorid:l DepartmCrlt of&vil'Onmcntal Protccdon. DivIsion o1Statc T,.lU1ds, 3900 COlnmonwcalth Boulevard, Mail Station lIS, Ti:\.lll1blUi:lcc, Florida ~2399-3qoo, Gl'Ilntec, . (WherOVCf\1Scd herein the tenus "Grantor" and "Grantee" inc)\1de all the parties to this mstrnme.nt Ol11d their lcsal rcprescot3tives, successors aJ1clIlSsiSn~1 "Grantor" lI.Xld "Grantee" QIC used for sinsular and pl~, as tnQ contllX't rcquifCS end the use oiany gender ~alJ inclUde:. ill! genders.) WITNESSETH: That the $.:\\Q. Gtllntor, for an~ in consideration oime sum ofTen DQUar.l (5:10.00) l1Jld ocher good and valu.aole COl1liiclcratiDn~. to said Grantor ir.J hand paId by said. Grantee, the receipt whcrcoiis bereby acknowJed30d. has g\'antcd, bar,gnmed and sold to the ~l1id Grantee, and Onmtcc's successors IUUI assigns forever, the following clcscn'bcdland . $itulltC, lying and being in Sc;minole County, Florida, to-wit: SEE EXHIBIT "A" A TT ACHEO HERETO AND BY REFERENCE MADE A PART HBREOF. Property AppI'f.l.iscrls Parcel L D. Nos.: . 2CS-20-30-SAR.-OBOO-02S0 26-20-30-5AR-OBOO-0290 GRANTOR HEREIN ~SERVES AN EASEMENT FORlNGRESS AND EGRESS ONLY OVER. AND ACROSS THOSE T..ANDS DESCRIBED IN EXHIBIT .'BII ATTACHED HERETO ANO MADE A PART HEREOF. THE TERM OF SAID EASEMENT SHAlL BE FOR TWO YEARS FROMmE PATE OFlWS INSTRUMENT OR UNTIL HICKOItY OROY.El'ARKBOU1..EY ARD IS CONSTRUCTED, WHICHEVER OCCURS FIRST. I '01is conveyanco is subject to casements, .rCStl'ictiol\S, limltntions and co.aditions ofreeord, if IIJ\Y now exist, but any such, . int.crcsts that may have been termin:ncd are not hereby n;-imposcd, . . AND the said Grantor docs he::rcby fI1lly WlUT:Int the title to s:!.id land, al1d ~ill defend th~ same against the lawful claims of all p~rson$ whomsoever. IN WITNESS WHERBOF tho Grant . ~rcUIl'O set GriUltot"li hl1r1d and ~eal the day Iind )fur.first above wrItten. J . . . ~i,B.R~led and dclivCrCld 9., l~ ~~ '.. )tflh.p~.o: 11 . ~ ~ . LEWIS BLUMBERG (Signa 0 COD Itncss) J4cI g C. ;:- &6m ~ Printed Name of Second Witness '. S.fATE OF FLORIDA CO~OF ~D ~ Tht: foicgoing instrumcntwas acknowledged before me this n day of Aprii, 2.001, by Lewis Blwnbcrg and Juanita BlumbeIl& aIkIa JuanJta D. :Slumbers. Such per~Qn(s) (Notat)' Publi" must check applic.llb~o ~ox): W 1$ personally known 'to D1C produced a CUII'Cl1t driver's U~G~'ln._ ~;.J./..lt( .~~. produced ~\,.~t.Jc~. r;nJ. 'A81dcntifioat.lon. ._' . -F(:..8t1ST~'mR';"() ...-.. . -Qo~ :~ ~~l~~rM'~' " . ~,,~ ~~~~c L. r~u . i.p~ (Printei:l, Typed or St~p~ame o{NQt:!,ty Public) Commis~ion No.: CP.A.a~1{ , M)' Commission Expires: ~ ~~~ 0.4 '1 .'I'Exhibit' A I Page jl.3 of 21 Lease No. 4337 Exhibit B . Page 30 of 38 . Sublease.No. 4337-01 (NOTARY PUBLIC SEAl:.)' II..... J1I:." ..", Ocborah J,.GJ_B . ~~"lO ..__Inn......cc=eoo .' * * Mjw.....-. . .'If....." ~llVS March 21. 2004 I .1 . ... :. " -:T- i . I,'. ..'_ _.. . . .' \ .\ " '.~iblt "A!') :P .A!(.C'gx, 1 · , " That part orLo~ jO l3lack "BII, D.R. 'M1.TC~'t.lS SURVEY OF T.fIE LEVX GMNT ON LAKE JESSUP as recorded in Pla.t :SOok 1, .Page 5,ofthe p.qbJic:Reeorda ofSemihoJe' COCJ:lty ~ori.da mqrc pl\rnculnrIy described as follows:. ' , ' , Commence at the Norlhwest corner Qt .Lot 23 Blocl, "E" D.R. MITam:LL'S SURVEY OF ~ LEvY GRANT ON LAKE JESSUP as recotd~ jn said Public: Records, sald P()J>>1: bei.Dg a rcco"Vered 3/4 inch l.ron pipe; thence run S 18058',2811 W nlora~ the West line of said Lot 28 ~ di!taueo 01'120.17 teet; to tho North Right ofWnJ' line o~~rst Streot (n 30 foot DXlollcnltd right ofw:1Y); th~cc run S 71 D24'OS" E :uong !tlid North right of WSlY line '[OA' a dis4ncc of 1154.47 feet to tbo POINT OF )3:tGll'iNNG; thence continue S 71024105" E for a 4isW'lCto of402.67 feet; thence N 29~~~';2.811 :E Iol' a distnnCQ of25.21 r~ctj tbcnt::cN 13043'32" Wior a dlst:a~~o or:U.21 feet; thencc-N 60043'32" W for 11 distance o!9S.56 feet; thcacc N 71 024'0511 W for.u distance of301,47 (oct; thence S 631135'55" W tol' 1;\ distance of21.2;1. r~t; thcn~c S 181135'55u W fot' a dtstance of30.00 feet; thence S 26~Ii'05n E rOI' :a 4btance ot:Zl.21 feet; to the POINT OF BEGINNING. AND PARCEL 2 , " That part of Lot :Z9 ,and Lot 3Q Block liB", DA MIXCRELL'S stm'v.EY OF'11iOj:,X&VY GRANT ON LAI{EJESSUP as recorded in Plat Book l, PAge S ofthe.Pablic: Records o1'Sem.iD~le COunty, Florida, more particular2y d=cribcd as f0J1QW61: " ., . Cornmence at the Northwest corner at Lot 2S Bl~Ic "B" ;o,R. MITCHELLIS SURVEY 01<' Tn . LEVY GRANT ON LAKE JESSUP as recorded In said. P~b1ic Rccor&1 4zdd point being a recovered 'J/4 h1Ch iron pipe; thCDCC run'S 18058'28" W along the West UDO of said Lot:Z8 Q dfl5tancc or 720.17 x'Oct to thE! North Ri1;ht otWay line ot11'i.rst Street (a 30 foot unopened right of 'WAy); thence run S '71024'0511 E along 3aid North. right of ~ liDQ for :ll. distance of' 1015.35 feet to the ronn' OF BEGINNING; thence contiD ue S 71 D24'OS" E for a dist;u).ce ofS!i.12 feet; thence N 630 a5' 55" E. for a dist1\J:1cC of21~1 !ctt; tb~D~C run N 181135'55" E fot" a dist2nce of3 0.0 0 feet; tbeacc N 26~'051T W.fur a dj$faneo ofZl.21 fe.et; thcJlCC N71 D;14'05" W for a'dlstance ot89.lZ feet; t4e.;1Ce S &;31135'55" W for a d1.:ltZnCC or 21.21 feelS thC1tU Ii 1~03S'5S~' W fQr G dQ~nco oi 30.00 lCGti thCDCC ,S 2~~4'05' I E fOk" A distUICO of Zl.21 fc<:; to the POINT OF,:8E'GII\'N;tNG. . ' AND " P.ARCEL~ , , . , Thnt~ut or~tM:ind Lot 29 Blo$ orB" ,D~~CBELLrs StJRVEYOF TBELEvY G~ ON ~ JESSUP ~ recorded in :Plat )lo~k1, Page S ofehc Public: RC~l"d;s of Seminole Coun't)", Florida, "J-\ .,,1",1.. t. lid' 'bed ,., D .' ; r.\O.\',M'.ULE: ICU a~ y C3Cn 213 ~O om: , . '- ".. , . CommenccAttht Nortb,,'cst ~orn~i of said Lot 2B, BI~k tfB"~ D.R. M:rJ:c;av...X.'SStJRVEY OFTlIE Wlnl.(1r 5pllnDl T_ Ccn=/Shimba,s SCllliaal,: COllncy h~lll,on , '.asM~"'~' ,~ m-- ~-' .4 .--..... '; Exhibit A Page 14 of 21 Lease No. 4337 Exhibit B Pa~~ 31 of 38 Sublease No. 4337-0~ I , . I , " 'I .". e_. ... ... . "J.,EVY 'GRANT ON ~ JESSUP as 'r~rclecl iu S~Q P~blic: ~ecords said point befag:. r~ovcrcd 314 iD~ ir.o~ pipe; thl3nc& rUJI S 18058'28~' W a)o;ag the Wt:$t line ofsai(l Lot 28 D:dis~co of 7.20.17 fcot; to ,the North Right GtWay line of First Street (a 30 foot unopened rIght otwar)' then~ ruQ S 7:f."i4'05'\ E along s,aid North right vf"f'f;j;y line for II distll1ce of 488.48 {~e1 to tJ:c POINt OF BEGlNNJNG; ~hen~c continne S '/1024105" E for a dist.al\ce of476.81 led; t.b.enceN 63OJ5'5S" )i; for ~ 'distanco of21.21 feeti thence N 18D35'SS" E for.a disw:lC:a 01'30.00 fecti thence N 26~'OSIt 'W for a ' di3~ce 01'21.2;1. fc<<ti th,cIlCC N 7:1924'05" W for a distance ot 47'.87 feet; thence S 63D3S'S5" W for a ' distance 0(21.21 fCQt; thence S lso3Sr~t1 W for a distanco o!30.0n feeti thence $ 2t$~4'05" E for a dIstance ot21.21 feet to tI1~ POrm- O~ BEGINmNG. ' ,. . , . " ,.AND , P~CEL4 'that part Qfl.ot28 and Lot 29 BJO~k "Brr~.D.R.M:lTC.B:EUiSSTJRVEY OFTm: :Ll:VYGRANT ON LAl~ JESSUP ~ l'e~Qrdcd in Plat Book 1>> P~go S afthG Public: lteccrds of Sclmiaolc.CounVa ~o~idi, mOre purticul:ady dc.scrib~c1 ~s folloms:. I , , ' . aomm~m:c altthc Northwest corucr oflSaid Lot2.8, Block "B">> D.Ro MlTCftELL'S SURV;EY Olr'l'RE LEvY GRAN! ON LAKE JESSUP, :as recOrded ip said Publfc ;Rec:ord~ sai~ paSD't being A .recovered 3/4 mch iron pipe; thence run S 18958'28/1 W alopg t~e West 1f~c of said Lot 28:.l distauc'o of 325.09 feet; thence l~n.'Ving said West !iDe afLot Z8 run S 71 D24'OS" E for A df~tance of335.54 feot to the .POrNT OF B~GrNNINGi thcnceS 1$93S'~S" W fora. 4istQnc~ 0[;(30.00 fc:ct; thl!'nce S 15v:23'SS" E for n distance (lt81.26 i'ect; thence S'~9607'50" E for a distance ot160.1;2 feet; thence S?'1 0:24'05/1 E for a distaoce Qf4S8.29 feet; thencc N 18"35'55" J:: for a distance of137.5S feet; tht:U1cc'N 71024'05" W for a dist2ncQ or293..20 foc,t; thcnce N 00000'00" Wc~t for.. dlstance of200.0:Z teet; thcQcc,N 8j-31'n" W for a distance of lQS.03 feet; thence N 7i 024'05'f W far a. distance of 162~S4 feet; to the POXNT OF BEGlNl'ONG. Together with 9: "5 feet 'Wide 'e~.seD1~ntfor acc~~ n~ross the following described pm-eel: 'l"hat part of Lot 28 and Lot 29 BlOck 11.8\ n~~ :MITCHELL'S SURW'Y OF nmLBVY Ok.A.Nr ON LAKBJESStJl> as rG':Corded in Plat Book 1. Page 5 ofthePpolicRecords of Seminole County I . FLorid~ more particularly described as follows: ' . Commence at the Northwest co~er.ofsaid Lot .2'8, :Blook n,BlI, D.R.l0lrCa:sr..vs SURVEY OF , nm "L'EVY GRANT ON LAKE JESSUP;as recorded i.D. saiQ Public R.ecords said paint being a recovered 3/4 mchironpipe; tb.eacenmS .180SS23ftW aIoDgthe West line of said LOt 28 a distance ' of 720.17 feet'to the North Right QT:Wayline of First Street (a. 30 foot \.1nopened right of\vay); thence iun S 71 024105,- E mo.ll8 said North right of way line for, a distanee of 488.4g feet; thence rw1 ' ,N26024'OS".W a distance of8.35fcct; thcncenmN: 8$)1>39'33":qa distance of2S.00 feet; thence run N 69013"'S2I1Eadistancecf20.00 feet; thence run N 43ltSl~9"E a. diStance of36.S2 fcetto to ~e. POrN!' OF :BEGINNING of 4!- 15.0~' foot wide strip of land lying 1.5 fctt Oll each side of'the foU~t~~g des,on"bed Iir,1e; .thence from said point ran N 3~Q 11 ~~\1 E a distance o!3] .00 feet to the , ' J:.OWtvUF T.ERM1NkaOI\f ofsaiC[ line. The side: llacs. of ~d J 5 fqot strip of.land ar~ t91engthclJ. ' , or ;horten tQ intt;rswt at'prcperty lines and to close and boupd said descn"bed Un~ as necessary. I Winler 5"ptlao~ T'IlWll> Ccnlcrl1ll\lm~& , :lQnlllllle COlmQ' P.;d IIf:! 5SM~ 6y..tf?~? __~~!~~ f 0'- --' >I ,...... Exhibit A , Page 15 ot 21 . 'Lease No. 4337 Exhibit B Page 32 of 38 Sublease No. 4337-01 .-". ", I i . , , AND P AR.CE.t. 5 That p~n of'Lot 28 Block !'B", D~ l\nTCBELV3:SlJRV:EY Oll''rBE U'VY GRANT ON :I..A..Ia ' msS'tT.P aJ I"Qe9rd~ in Pl1Lt Book i, hge' s. of the Public ;Rocoi-d" 9:f'SemSAole COQD,1Y. PlorId.a, beLug more pa'rticularly a~Bcribed :lL3 foUows: . .:BQgAt\ at the Northwest C10J'bCZ' of said Lot :18, Blo~ "B'f, D.R. MlTCREXtIiS ~v;ey OF -r.a:E l..EVY G:RAl'i'I' ON LAKE .tESSu;J? a$l'c~cd in &:del :Pu'bl1c RC$:ords. sa1d'po~r beiDg a recovered 3/4 inch iron pipe. thence; r~ S 180S8'~8" W zdongthe Wost'linc oh:dd Lot28 a (iistancc of265.09 feetj thence Xeaving lmid West Ii2l.& of'LQt::ZS run S 71024'05" E .a.lol' di4tance 0:/27S.15 t~ct.i thence.N 18035'15511 E for K d~tanl;o 01'265..13 !eot,to tho South .Right O~WS1Y )~hC of Second Str-8ot (a. :30.00 foot right ofw:lY); thc:n~c N71024'38I' W along said SOllth Right ofWny Jh2C for A distauca 0/21.3,41 tc;ctto the POlNI' OF BEGINNING. ' . , , . " " ~ :.~~M" ", ~ ~- ~~ ., . ". , " .. .. . . Winrcr$pnnpTDWI\ C4nralBlum~ 0-1-'" C-IIr ~3of3 IQSM~I " . A.I".Ol i1v"e ~- .... " .-' ., Exhibit A Page 16 of 21 Lease NQ. 4337 Exhibit B Page1'33 of 38 . S~blea5e No. 433Z-01 , 'j , I \, , A4/18/2e81 11:11 , . 85852,65947 BONDURANT AND FUQUA PAGE 11/1~ EXHIBIT · B" . . , Sheet 1 See SketCih ofDe.sCrlptlon: ' InCilude~ as At~bment nAil , EASEMENT 1 IS' ACCESS EASEMEIS'T,OVEn L.ANDS TO BE A~QumED BY FLA. D.E.P. That part of Lot 28 and Lot 29 Block "B", D.R. MITCHELL'S SUR. VEY OF THE LEVY GRANT ON LAKE JESStJp'B.$ (ccorded in Plat Book 1, Page S of the Public Records of Scininole County, ' Florida, more particularly dC$cnoed as.follows: . , Cotnmence at the Northwest CQrIler of said Lot 28, Block liB" J D.lt MlTCBELL'S SURVEY OF THE LEVY GRANX' ON LAKE JESSUP as recorded in said Public :s.ecords said point being a recovered 3/4 inch iron pipe; tbe:nec: run S 18 D 58'28" W along the West line of said Lot 1.8 a. distanCe 'of 120.17 'feet to the North Right of Way line of First Street (a 30 foot unopened right of way); thence run S 71 D24'05" ~ alQng said North right of way line for a distance of 488 .48 feet; thence run :N'26024'QS" Wa distance of8.35 feet to thcFOlNT OFBEGINNING'ofa 15.00 foot wide strip oflaI1d lying 7.5 feet on each side'oftha following described line; from said point run N 894139'33" E a di.stm1cc of25.00 feet; thence run N 69013152" E a distance of20.00 feet; thence run N 43 051129/1 E,a, distance of36.82 feet to th~ point ofTcr.o:Unation of said line. The side line$ of said IS foot strip of land are to lengthen or sborten to intel'scct at property lines and to close a.nd bound said described line as necessary. , Containing 9.028 acres more or less, Prepared by: ThilS description and the acoomPonyi.l18 lSkotoh or skctcb= has been prcp~ in accordAu~ ~ wi~' the Standard$ set fOrth in Chapter 61 G17. F .A.e., pUl'SUlIIlt to Cbaptcs 177 aDd 47~ Flc:tida. Stalutcs:Un1~ it DC81'S the signature nnd the original r4ised-:icAl..:if 4 Florida 1ic:cnscd $\.llVcyor and mappc:r lhb:drawio&: s1cetC:Q. plat or D1lIp is fce" infoanlltiOl1lll P~~OD:lY.nnd;js nbt v.di~ ~&6Iik7~." , AR1WR. W. TUCKER, P.L.S. #4381 Date: ::2 -/~ - 0/ ' Tink1cpo.ugh Surveying Scrvi~s, Inc. , 379 WesJ. MJ.QhigOJ.'l. Strcc~ Suite 208 Orll1Ddo, Floridn 328015 (407) 422-0957 ~Ol:At~~ I . ". .. - APPROVED ' l6Y.A~~J:lIlliea~ f~ ."1 - Exhibit B Page 34 of 38 Sublease No. 4337-01 Exhibit A , . Page ,17 of,21 , Lease No. .4337 I J . "- en .-i '- N D .-4 !2 w , <.9 t. <t ~ 0... (; C1 -~- ~ I !.:) i!~ GJ... K:~~ ' <t ~~t ::J Cl ~ttf?: It) ::J 1J... G ~~ lJ 0 ~ ~!Jj~ :z: <t (jt>~&.... I- t;~~s;~ ;& 0:: IT/~!:i~ ::J Cl , Q:~~~,r :z: ,0 ' 'Q,: ~ ~ ~ C/)"dtxl ~ OJ X cr' OQ :r r-'Ctl~ Ctl 0" OJWp. en IJ1 rt Ctl o b:l Zt-n o . W CO ~ W W '-I J o t-' C'- ..,. en 'l{) lD (\l l{) m l{) CD .-f .-4 .. .-f rl , , .-f m m N "'- CO rl "'- 'V ' CD NUMBER BEAKING U N B9:3g'..JJ" C L2 N 69-,J'52" E LJ N 4.3'51'29" E t.4 N J.3''''28~ C (5 N 31 ~9'Or F l..5 N .39'0]'22" E 1.7 H ,29'OJ'09" E: l8 N ,5()'J3'4-0" F DRAmv BY; R. NIETO SKET,CH OF DESCRIPTION NOTA SURVEV"~- ~~~. /i?:. 4y l/Jo_ "'CI k<t~Ct; 'l: ~ tl ...., c} ~ .;:j f . LOT 28 BLOCK "e" mE l.EVY CHANT ON LAKE: JESSUP D.R. WTCHfLlS SURVE:Y OF PLAr BOOK '. PACE: 5 . YI.. Po;' , Crl>-">'O.S ~o 019/ 6: q.-- ~tAl'~ ,oDiN,. , J;r>..,~ br is' Op /), t/ro/?lJ.t -1Ccc~ ~G~M f "i'/I'I' , ~4."i'r>: i'lVQ , . u.t\tc- '" ~.tItl' <o~~. :::--... Os" s >;.~ ' <5:.3s., ~;~~ """-- "OS" ........__ '-... ~ ~ "- 108. ~ DISTANCE 25..00' 20;00' 36.8<' J',CO' 60,OO~ 90,00' 75.~O' 45.00' ,DATE:: 2/15/01. NOrcS: I. THIS IS NOT A SURVEY. 2. BE:ARINGS $HOlm HERmN ARE DERIVCD FR.OM It. PREWOUs PROJECl PR.EPA.'?.ED flY 1HIS FIRM FOR. THE" FLORIDA. DEP}'Rn..lEN7. OF PROTFCnON; , PROJECT NAME: LAND ACQUISlION SURlJEY/ APPRA1S.At MAP Yr1NT[R SPRINGS 1Q~ CfllTfR CRE€NIIWrS AND mAlLS PROJECT D.EP. OFf/cr 167680 ' AND ARE BASED ON THE: NORTHEASTERO' RIGHT OF WAr UNE OF STMF ROAD 4-J~ AS PER FlOI:f.I[JA DEPARmEI'ff OF IRANSPORTATION RICHT OF WAY MAP SEC'lION 77Q70-:2516 BEma scum 3'8'4J"6- EAST: f f. ;::;: , ~f: ~ ()SI(R}ff' L8 }/" i 4~ w-- o. p(1rC~~ at TO sf. 1'/C'fJ L 7. Lfllos , ' 1S' ACCESS EASEMEiNif , ,,t..; " ~ /R ~ W' ~lf. W o , ,.... r.'-l C") N C") ..:;r 4-1 < 0 . o . ~ cO Z ,"..-I ..a , C1) '" CIJ CI) ;c eo tIS ~ Cl2 C1)-. ,W ~ H HOUSE" LOT 29 BLOCK "8" THE LEVY GRANT ON LAKE .cssup ,D.R. WTCHEtlS SURVEYOr ~ T fJoOK I. PACt: S ~' ~ I~i" ~~,. ~ ~~ ORDER NO.: TOrMa . SCAlE: ,,"::: 100' ALE':. sx ;5986-82 '~$ - ~ -;,:1, "'~' , ' Tlnklepaugh '- i SURVE'tlNG SCRVlCES. me, 3H Vi, UicMllon SlNllt" S"'l,, 203 - OI1cnd., Florida, 32805 T.Io. No.. C~01) .c~-Q1S7 I'u J{a. (>401) ~2-6g1:S IJCfH:l'ZO BUSINr:ss ](0, sna ' I . \ .. I ,I - I '. 84~18/2e01 11: 11 8505265947 BONDURANT AND FUQUA PAGE 13/19 , Sheet 1 See Sketch- of Description Included as Attachment /IN' EASEMENT 3 . 15' ACCESS EASEMENT OVER LANDS TO B)'; ACQUlRED BY FIa. .D.E.P. That part of Lot 28 and Lot 29 Block ")311, D.R. :MITCBELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded .tn Plat Book 1, Page 5 of the Public RC?COrds of SeniinoXe County, Florida. more particularly described a3 follows:' Commence at the :Northwest corner of said Lot 28. Block IIBul DoR, MITCHELL'S SURVEY Of THE LEVY 'GRANT ON LAn JES~UPas recorded in said Public Reoords said pomt'being a recovered 3/4 inch iron pipe; thence run S 18058'28" W along the West lioc ofsnid Lot ,28 a. distance' of 720.17 feet to the North Right of Way line of First Street (a 30 f'ootunOpaled right of way); thence run S 71924'05" E along said :Worth right of way line for ~ distance of 488.48 feet; thence run N 260~A'05'1 Wa d.istance of8.3S f~; thence nul N 89039'33" E a distance of25. OOfea; thence run N 69013'52" E a distance of20.00 feet; thence run N 43051129" E a distance of36.82 feet; thence run N 33 011 '28" E a distanCe of31.00 feet to to the POINT OF BEGINN:I;NG of II 15.00 foot wide strip of land lying 7.5 fuet on each side oft.he following described line; thence .from said point run N 31 <>39'07" E a distance of60.00 feet; thence run N 39007'22" E' D. clistance,pf90.00 feet; thence run N29003'09ft E a clistMce of75.00 feet: thence runN" So033'4{)~ E a distance of 45.00 feet to the point ofTennination of said line. Thc sidc'lines of said 15 foot strip ofIand are to lengthen or shorten to intersect at property lines and to close and bound said describeQ line as necessary. Containing 0.093 acres more or less. Prepared by: Tinklcpaugh Surveying ScM~. IDe, 379 West Michignn Street Suite 208 Orlando, Floridl\ 32805 (407) 422-09S7 TO I -A53\-?,:, \ ,~\"'I~ . . .~, "", I . ". I ' This d~ption and the ~mplln)'iDg ~tch or sketches w hccn t'rcpared in llW)~ with the St.aIldards set.forth in Chapler 61 G 17, F"::'+t-..C., F~t to Chnpla31'17 and 472,BcridA SUi~ 'onl~ it 1x;ars tho signature and the onginnl raisc4 ~ of;a Fkrida Ii cc:r:J.!lC(j GU.t"'\'''}'01:" and mnpp cr this d.ni;wi.o& .sk9t ch, plat ormsp:is for Womwi,Qaal ~ oo1y ADd -is ndt valid. U?~~ ARTHtTR W. TUCKER, P.L.S. # 4381 Date: 2. .../t.~ 0 r .. '?~ - ~; oateJ]IJ'l!!l! Exhibit 'A Page 19 of 21 Lease No. 4337 Exhibit B Page 36 of 38 Sublease No. 4337-01 .:'