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HomeMy WebLinkAboutFlorida Department of Environmental Protection,Town Center Project 2002Department of Environmental Protection leb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399-3000 Secretary June 12; 2002 Mr. Charles Carrington City of Winter Springs 1126 E STATE ROAD 434 WINTER SPRINGS FL 32708 Re: DEP/OGT-City of Winter Springs Sublease 4337-01 Winter Springs Town Center Project Dear Mr. Carrington: Enclosed please find a fully executed original of the above-referenced sublease for your records. Thank you for your efforts to coordinate the execution of this agreement. I have forwarded the management plan you submitted to Lindsey Benedict, OGT's regional planner for your area. If you have any questions, please call Lindsey or me at 850/488-3701. Sincerely, Destiny Bry t Planner III Office of Greenwaya & Trails /DB xc: Lindsey Benedict, OGT "More Protection, Less Process" Printed on recycled paper. k _, , oAS1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS SUBLEASE AGREEMENT WINTER SPRINGS TOWN CENTER (5.92 acres) Sublease Number 4337-01 THIS SUBLEASE AGREEMENT is entered into this --~~ day of 20~_, by and between the STATE OF FLORIDA DEP OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS, 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 ("TRUSTEES") and is currently managed by SUBLESSOR as the WINTER SPRINGS TOWN CENTER under TRUSTEES' Lease Number 4337. 2. DESCRIPTION OF PREMISES: The property subject to this sublease agreement is situated in the County of Seminole, State of Florida, and is amore particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "subleased premises." 3. SUBLEASE TERM: This sublease shall commence oa ~~~a~ and end on August 30, 2051_, unless sooner terminate((((////d 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 is subsection 269.032(11), Florida Statutes, along with other related uses necessary for the acco:s~plishment of this purpose as designated in the Management Plan required by paragraph 7 of this sublease. 5. CONFORMITY: This sublease shall conform to all terms sad conditions of that certain lease between the TRUSTEES and SUBLESSOR dated August 31, 2001 , a copy of which is attached hereto as Exhibit "B", and SUBLESSEE shall through its agents and employees prevent the unauthorized use of the subleased premises or nay 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 PLANS SUBLESSEE shall pzepare and subanit a Management Plaa for the subleased premises in accordance with subsection 18-2.021(4), Florida Administrative Code, within tea months of the effective date of this sublease. The Management Plaa 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 thaw what is necessary for security and maiatsaance 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 as opportunity to participate is all phases of preparing and developing the Management Plaa for the subleased premises. The Management Plaa shall be submitted to SUBLESSOR is draft form for review and comments within six months of the effective date of this sublease. SUBLESSEE shall give SUBLESSOR reasoaable notice of the application for and receipt of nay state, federal, or local permits as well as nay 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 Plaa required herein has bees submitted and approved. Any financial commitments made by SUBLESSEE which are not is caatyliaace with the terms of this sublease shall be done at SUBLESSEES owe risk. The Management Play shall ea~hasize the original maaagesaeat 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 Play shall provide the basic guidance for all management activities and shall bw 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 whey specifically authorized by the approved Management Plaa. 8. ASSIGNMENT: This sublease shall not be assigned in whole or is part without the prior written consent of the TRUSTEES and SUBLESSOR. Arty assigr>:aeat 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, improvements and signs shall be constructed at the expense of SUBLESSEE is 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 thaw 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 as Page 2 of 38 Sublease No. 4337-01 `~.. , amount equal to the full insurable replacement value of nay improvements or fixtures located oa the subleased premises. The liability insurance coverage shall be is amounts not less than $100,000 per person aad X200,000 per incident or occurrence for persoaai injury, death, aad property damage oa the _ti,, subleased premises. Such policies of insurance shall name SUBLESSEE, the TRUSTEE, SUBLESSOR aad the State of Florida as coiasureds. SUBLESSEE shall subaait written evideace of having procured all insurance policies required herein prior to the effective date of this sublease aad shall submit annually thereafter, written evideace of maintaining such insurance policies to SUBLESSOR aad the Bureau of Public Laced Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. SUBLESSEE shall purchase all policies of insurance frown a financially responsible insurer duly authorized to do business is the State of Florida. The insurer must possess a minimum current rating of B+ Class VIII is Best's Roy rating Guide." Ice 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 aad liability coverage. SUBLESSEE further agrees to ianaediately notify SUBLESSOR, the TRUSTEES and the insurer of any erection or removal of any structure or other fixed improvement oa the subleased premises and nay changes affecting the value of nay 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, aad 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 aad 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 as indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 13. PAYMENT OF TAXES AND ASSESSMENTS: $UBLESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the subleased premises or to the improvements thereon, including nay aad all drainage aad special assessments or taxes of every kind aad 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 nay one or more instances upon strict performance of nay one or more of the covenants, terms and conditions of this sublease shall not be construed as a waiver of such covenants, terms aad conditions, but the same shall continue is full force and effect, aad no waiver of SUBLESSOR of nay 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: Time 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 individuals race, color, religion, sex,- national origin, age, haadiaap, or marital status with respect to any activity occurring within the subleased Page 3 of 38 Sublease No. 4337-01' premises or upon leads 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 furaishiag of gas, electricity, water and other public utilities to the subleased premises sad for having all utilities turned off whoa 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 caanpeasated for nay and all damages that might result to the subleasehold interest of SUBLESSEE by reasoa of such exploration and recovery operations. 19. RIGHT OF AUDIT: SUBLESSEE shall make available to the TRUSTEES sad SUBLESSOR all fiaaacial sad 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, Florida Statutes. 20. CONDITION OF PROPERTY: SUBLESSOR assumes ao 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 is as °as is" condition, with SUBLESSOR assuming no responsibility for bidding, contracting, permitting, construction, and the care, repair, maiateaaace or improvement of the subleased premises for the benefit of SUBLESSEE. 21. NOTICES: All notices given under this sublease shall be is 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 whose notice is to be gives, as designated by such party in writing. SUBLESSOR and SUBLESSEE hereby designate their address as follows: SUBLESSOR: Office of Greeaways and Trails Florida Department of Eavirosmzeatal Protectioa 3900 Commonwealth Blvd., M.S. 795 Tallahassee, Florida 32399-3000 SUBLESSEE: The City of Winter Springs, Florida 1126 E State Road 434 Winter Springs, Florida 32708 22. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should SUBLESSEE breach nay 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 resaedy the breach to the satisfaction of SUBLESSOR within sixty days of receipt of written notice, SUBLESSOR may either terminate this sublease sad recover frosa SUBLESSEE all damages SUBLESSOR may facur by reasoa of the breach including, but not limited to, the coat of recovering the subleased premises and attorneys' fees or maiataia this sublease is full force and effect sad exercise all rights sad remedies herein conferred upon SUBLESSOR. 23. DAMAGE TO THE PREMISES: (a) SUBLESSEE shall not do, or suffer to bs 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, say 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 say contaminants, pollutants or pollutioa, including, but sot limited to, hazardous or toxic substances, chemicals or other agents oa, into, or from the subleased premises or say adjacent lands or waters is any manner not permitted by law. For the purposes of this sublease, •hazardous substances" shall mesa 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) sad the list of toxic pollutants designated by the United States Congress or the EPA or defined by say 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, pollutaxit or contaminant. "Pollutants° and "pollutioa" shall mesa those products or substances defined is Chapters 376 and 403, Florida Statutes, and the rules proaaulgated thereunder, all as amended or updated from time to .time. Ia tha event of SUBLESSEE'S failure to comply with this paragraph, SUBLESSEE shall, at its sole cost sad e~ease, pron~tly cozmneace sad diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediatioa, restoration sad monitoring of (1) the subleased premises, and (2) all off-site ground sad surface waters sad lands affected by SUBLESSEES such failure to ca~ly, as may be necessary to bring the subleased premises and affected off-site waters and lands into full cos~pliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders sad decrees, and to restore the damaged property to the condition existing iannediately prior to the occurrence which caused the damage. SUSLESSEB'S obligations set forth in this paragraph shall survive the termination or expiration of this sublease. This paragraph shall sot be construed as a limitation upon SUBLESSEE'S obligations regarding payment of costs and fees as set forth in paragraph 12 of this sublease, nor upon say 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, sad 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, sad 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 Protectioa, Division of State Land's standards prior to termination of this sublease, sad if accessary a Phase II environmental site assessment. 25. SURRENDER OF PREMISESz Upon termination or expiration of this sublease, SUBLESSEE shall surrender the subleased premises to SUBLESSOR. Im the event no further use of the subleased premises or say part thereof is seeded, SUBLESSEE shall give written notification to SUBLESSOR sad the Bureau of Page 5 of 38 Sublease No. 4337-01 Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130,..3900 Gommoawealth Boulevard, Tallahassee, Florida 32399-3000, at least six awnths prior to the release of nay or all of the subleased premises. Notification shall include a legal. description, this sublease number and as 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 nay 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 became the property of the TRUSTEES and SUBLESSOR, unless SUBLESSOR gives written notice to SUBLESSEE to remove nay or all such improvements at the expense of SUBLESSEE. The decision to retain any improvements upon termination of this sublease shall be at SUBLESSORS sole discretion. Prior to surrender of all or any part of the subleased premises a representative of SUBLESSOR shall perforsa an on-site inspection and the keys to any building on the subleased premises shall be turned over to SUBLESSOR. 2f the subleased premises do not meet all conditions as set forth is 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 i~lement applicable Bast Management Practices for all activities conducted under this sublease is 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 nay use of lands located waterward of the mean or ordinary high water lice of nay lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 28. PROHIBITIONS AGAINST LIENS OR OTHER"ENCOMSRANCES: Fee title to the subleased premises is held by the TRUSTEES. SUBLESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of nay 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 iu4partiag covenants and conditions were used is each separate provision. 30. PARTIAL INVALIDITY: If any term, 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. Ray easement not approved in writing by the TRUSTEES and SUBLESSOR shall be void and without legal affect. Page 6 of 38 Sublease No. 4337-01 33. SUBSUBLEASES: This sublease is for the purposes specified herein and nay subsubleases of nay nature are prohibited, without the prior written approval of the TRUSTEES sad SUBLESSOR. Any subsubiease not approved is 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 ia~rove~ments located thereon, is a state of good condition, working order and repair including, but not limited to, maintaining the planned isa~rovesnents 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 is 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 a67, 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 Stata, Division of Historical Resources. The Management Play prepared pursuant to Chapters 18-Z 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 interprete8 according to the laws of the State of Florida. 38. SECTION CAPTIONS: Articles, subsections and other captions contained is 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 oa 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 from Jhly 1 to J'uae 30. Each annual payment thereafter shall ba due and payable on Jhly 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 aad year first above writtea. STATE OF FLORIDA COUNTY OF LEON s Name STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENW~IYS AND TRAILS Title: .4ssi s-~Zt.n~ ~Di re.~-I-tsr "SUBLESSOR" The foregoing instrument was ackaowledQed before me t is ~J'~'~ day of ._ ao~.~, by Suzanne ~ I/~a~~ as of the Office of Greeaways and Trails, Florida Department of Eaviroameatal Protect~pa, who is ,pe~aall,~ knows;„ to me. Public~State Priest/Type Notary Name Cos~mi. s s ion Number s s~'t'Y ~A'~;=. C~~ ~ D ~: :,~ MY COMMISSION # DD 002376 Cosnsni s i ~ EXPIRES: October 6,2005 s Oa Expires:~,?f,'•~~' eondadThruNWeryPubYcUnderwrken ~~.~ ,a.Hrowi~;~:.a~a~ .~ Page 8 of 38 Sublease No. 4337-01 Priest/Type Name Witness ~._ µ: _ CITY OF WINTER SPRINGS, FLORIDA Sy its City Council Sy: Wi s /~ PAUL P. PARTYKA Print/ a Witness Name Priest/Type Name ~ ~ Title: MAYOR taess Jar11CL~5~~4~1i~~ (OFFICIAL S"r`:1L) Print/Type Witness Name ~. Attest: ~~,:~, ,~ e~i~- Sin l~e-~?s~~?5-~ ~F.- Type Name _ i , Title: psvsLESSEEp STATE OF FLORIDA COUNTY OF ~~~~~'T The foregoing instrument was acknowledged before me this ~'~' day of ~A a off-, rnr -'~b~-,-~ N. l~ {,A.o., and 4x:- ~ bb tksy t L% as ~`'~'k `YV~- and '~~ ~ j ~`'~`-- respectively, ,~Dn~efi~ s City Council of Winter Springs, Florida. They are sonall me or produced as identification. _.._~ o ary Public State of Florida Print/Type Notary Name Commission Number: Commission Expires: CONSENT ANQREA LOREI~tZO=tUACES .MY CQMMIB&IOM #~ GE 931631 EXP1RffS: May 6,2003 1-eoa3NOTnRV FI~1 Nouny Servlos d BorWinp Co. Consented to by the TRUSTEES oa r ~ day of , Zp~. Gloria C. Nelson, Operations and NaaaQemeat Consultant NaaaQsr Bureau of Public Laad Administration, Division of State Lands, Department of Environmental Protection Approved s to Form and Legality By: ~ ~ ' D P Attorney Page 9 of 38 Sublease No. 4337-01 • .. ,.Exhibit cs~3» 1. LOX ~ O $IOCIL "Bi`) J/~ Nl~~Cx'''~ t5~ T ~i i V~ .L.~1+v ~+~ G'L~t?~1 ~ That p~xt o oe S.of thc~'.nbliaRccoxd8 o£Semiaole Comity, kXoz~da, n,~rc • ,rE59UF as re~rded in Flat hook ~, Pa„ • ' ps~rticuluriy descxz3~ed us foAows:• ,r ~~ AR ~C~LL'S gN,tVEX b7E T~ said poip~be~g azccowexed • Oon~.cncacc at the Nortbwes'~.as zecord~d fnosuia ~'ublic Kccord~,d Lot Z8 ~ di3tanco 0720.17 LE'vY G1~~ 0'N S~A~ ~ thcacc run 5 . 314 ancb iron pipe, thcaacc run 318°5o f~s~5 eGt (tah3Q ffoot~nuo~ ad zigh ee toy~o Pt?~NT 0~' feet; to the I~iortlz fight of Way u ht of gray line 'foz' z d~stancc of 1154•d7 ~' thcacc N z9°X6'28" ~ or a 57 feet; 71.'24'OS" E aloab Bald I`torth rig $I:GI~-~G; turncc cont'rnuc S 71°2x:05" 7g for a distance of 402• t, thcr-cc 863°35'S5" 'v4' £pr a ' e~aceN i?°43`32"'NY~or a dista~ato of3 X~ 7 ~~* ~eaccN 60°43'32'T W ~4r a distanco pf~.5.11 £cc#, th thcacc S Z6°2d U3 E for distance of 95.56 feet; tl~cAC c S Ilayl'OS"'W for a clistancc of . 8°3S'S5"'pS' for a distance of3Q.OQ ffcct; distance of 21•z~. feet, tlzenc pF BEG~G• dL~tnnce of 2X.21 feet; to the P07~tT . ' ' A,Np Pp~tCEZ. 2 ,~'rX,X~'S S~t,`VEX O~'fi~ ~~ GRA'I`~x ON • aM ~,, P~,go S u£thc 1'nblic Rccords of 5raainolc Gounty,'Irlorida, .. Th~.t port ofX.ot Z9 and Lot 34 glock~" 23", D.12.N1z'x . ~~ J7C5SUi'' a5 recorded i~ p1:tt B4 more particularly described as follpWS= CgE~'S S~~'1' O~ :rte dnid point being a recovered ' mn,ence at tk~c Norch~vest corner of ord~od$nsaid PAb c Rccords, distance of 720.17 Co ON LAS ~SUp as rec LEyy G1tAN'x o , ~~ a thc'VVat lino of aatd Lot 28 a {hence rua S . 3/~ inch iron pipe; tbcmce run S XS S8 28 VY slon„ ncrr of 1015.35 gcct to the POST 0~ ' ht of ~Tijay lice of first $txeet (a 30 foLQ anQpcned right of r~Y31 ' " a i;•act to the 1`torth ~ Qht of ~y 11aa for a dzs ~71°24'45" ~ along said ititorth riQ ' uc 5 71°2~`4$" E for a distance of S9•X~ DO tees th nee N 2fi°Z4'OS`~w ~r 1iEG1~XNGi thence conttn distaacc of 21.2X•~eex; thence run N ZS°3S'SS" E for: ~ distance of tlzcnce S 63°35'SS W for a ' amsc oi'21.21 feat: thcacc N 77,°24' OS"'~ for a distaace of 89.12 feet; a d}St ~ $ ~$°3S'S5" W for a di,~ncc of 30.04 icct; thcacc S 2'6°24'05" E foY ~ distaucc of 21.21 rCCt; thQU 4TT ~3EGII~°N•A`t~'. distanco of 21.2X feet to the 1'OTN'p AlYD ' gp,RCEY. 3 ~ ~'p'Y CyR~l~'1` Q~ 'B",D1~;11'~C~'s51ETR'~Y'O~TE~ ~`forida, ~. That partofLat~ acordP.tdin~l1 hook'1,page54fth©PublicRocgrdaofSa~oleCQUaty~ . I,~G 1ESSU1` foilo~ars: ' '~x~`o: ~,~ar#iaularly described as ~X,~tSSiUI~'S~YOFT$~ ' • ~r • y ~ ommcncc at thcNorEb~cst corner afraid dot 28,Plak "E", D.R• NT.1~ • Wlo~r sP~"rp Iowa ~,ycrl3T~imbotg } • Scmi~ole Co+tncy ~ Bj~ "`" Psac 1~ ol"f Exhibit A Page 10 of 38 Sublease No. 4337-01 .. _ j .... ; ' ~E'YI' GRANrf' 4N 3C~JE~ JES,S~ as.recorded ~ t2te West lice o~sai~ T.ot ?,8 dfsssneo a'f 720.7 ' 3I4 inch iron pipe; thence xun S 18°58'x8" W ~ rig ~~~ ~,~ S feet; to the 1~Tbrtlt 2~ght of Way llnc afli"ust Six~~o~ a0dista~ncooof X88 4s faet t~#,hc FOII~IT 4S' 7X°24'05" E along said Korth right cf gray aEGIi~~G; thcuec continue 5 71°24'05" ~i'aor a d~tanccoe f ~0 04 futtthencc N 26°2~'0551`4Y for a • disrnnce of 2Y,2I 1'oct; thence N X8°3a'S5't E 87 faet; ~~~ S 63°35'55"'~'S' for a dzstzxzce of 21~x ~fect; tb,Gacc N 7 f °24'05" 'Y,' Ear n distance of 47G. • ' slistanca of 21.2x fcQt; tlxCutc S x$°3~5$E"~ fo~~~tauco of 30A0 Poet; thcnca S 26°Z4'05" E for a, aiSt~C~ of~z.2x feet to •#h¢Paxrl~ ~ .Arm . pA,RC~JL 4 ~ . 'S SURY7EY OF TEE LLW~' OR~'r a)Y ' '1ChAt part 4f X•,ot 28 and Lot 29 81a+ek "l~", I?.TZ. M11d1"~C}~JLL LI~~ ~SSUF ag rcraxdbd in PIat$ooIc 1,7E"~gQ S otthc~uc~eoords ofScxninole'Couary, Floa~ida, r>zorc particuTaz'Iy described as follovrs: Camtncnco utthc Northwest cox~cr ofsaid Lot28, l~Iock''S~,DR Ciorlds~ ~ in be u~ recowe LEVX' GI~~' ON LAx~ J'I~SSUP, as recdrdcd in said Fu It ' 3/4 inch iron pips; thence run 5,iS°58'2$" W along ~ °2~ 05 Ii~ for a distance of 33 ~ fe4t to$the • feet; th+rnce leA'ving said West line of LPt 2S run S 1 • Pd3N'T" OFB~Gi;N1YfKG; thence Se 5435 T55" ~'~ and staance of 16012 fgCt; thcntcc $'I~°24'05~E for a n distance pf8J..2G feet; thence S 29 07 SO E for dutancc of 4S$.Z9 iCct; thence lti 18ao 5'S5'~ ~ f ost £or a disianc~of200e02 tcct,~ th rice 1~' $'~ 3'z ~f o W distance ofZ93.24 ,feat; thence K 00 00 00 We ' for a distance q;f 105.03 feet; thence ICI 71°24'05" ~Y for a distsusce of lb"1.54 feet; to the PO~1'T GF BEGT.1`IIYLN'~•• Togctherwith a x5 feet+v~-idc'CS-semgntfor aeac9$ across the fo21~'X p~ ~T~~EbS.~B' ~ ~~ That Part af'Les 28 and ~,ot 29 Block ~ , ~.~. MI~~ 8 BUR 4H' 4L iESSU~' as recorded,in plat ~aak X, Pa,Be $ oFthe ~'t~blic Reoords of Seminole County, Florida, more particularly described as follo~rs: ouunence at the'rTorthwesi cornet o£said T of 21;, k~loCk "B"~ Pt~bli R ~ ~' d P ~~ ~ a • C ~,EVY CrR.PsZYf Ql'1 L~ JFSSUP as recorded sn say rocovered 3/4 such iron pipe; tb,encc swi S 18°SS'2,3" ~I along the Y~est Line of sold I,ot 28 a distance . . of 72Q.X7 £eet to the Forth Right 4~'~TaY line ofFirst Srror a~dis once of488.48 eet~heace z'ut~ • ' the,ncc iua S 7I °7~i?OS" ~ alo~,g sash rTorth right of way lute f . N 26 °2~'OS"•'~' a dis•~nce of 835 feet, thence ruz12~T S9 °39'33' E a distance ofZ5.Q0 feet; thence run N' 69° 13`52° E a distuzz~ of 20.00 feet; thence rvn N 43 °51.9" E a distance of 3 b.$2 £eet to to the• • FpTNT GF BEGS of a 1$,pp foot wide strop of land lying 7.5 feet oa ~.ch side of xlie £ou4y~,r,g dcscn"bed Iigo;?boncafTom said point mnl~ 33°11~$uE a diStanCe of31.00 feet to the -~ ,~ . A•~glq qF mid line. 7: he side lines of sacd 15 foot strip oflaisd arg to lengthen • Pt?I2~7;~ OF TERMS !'saes and to close and ooupd said described Iine as npCeSsary. or xhortcA to imt4rSect at'pr~eptxt5' • Wint¢r5pri°pf'rd,~r.Ca~rxdDlembas ' ' 3cminotc Gov>tiQr ~$p~(i ~~- •~.vw pasc$ar1 C~ ~ ~, .« .~ ~.. ~,..: Exhibit A Page 11 of 38 ' Sublease No. 4337-01 •~ •. 1 . •. ~~ PARC}rL 5 1 , Block~"g'•, D,R,1ti+II~g9gEX~S~"s sr7~ZVJ~1~ oB T~~ ' ~ ~ ° ~g Than part of Lot 28 J'~SSYTP as ,cocOrd~I in ~'h?.t~ook x,l'~gc 5 o~t~e Public ~ocord~ of Seta znorc particularly iiescribed ~ foIIos~s: , r corner of saki Lot 2S~ Block "B"~ D.R Nl7TC~;JE~L' ~S big a re~ov • Bo~z~ at the I~To4 ~~~.~SS,~' a$ rcccrdediu saidXu~?11a7;ttxords, sa P ' ~yy Ck~.Al~t`1' ' ch iron pipe thence rua S IS°58`2$" ~ s~loag oh4'05~=E a ~o d' ~ac¢ o#'~?S.xS f st l~cnce I1 314 ui feet; thence ~ra4il~g said West Iiz~e otLc?t78 ran 5.71 aht af'4Ya TxuC d£$cconc~ Street (a 3.00 foot Y• 18°35'5" E for tt distance o•P265.1.3 feet t0 t3ao Soutkc J~, ht of Way Iine for a distance pf273~4I feet to rx~}at ofway}; thcmcc I~ 77.°?4'38'` K' along said South 22xg the POA'1'7C OF ~3EC~1N1`17NG• • , .. ~ ' ~• ,~ I• ~~~»~~ . Winccrspclr~sTw-m ~ncrlstumber~ ~~~y ` Palo 3 of 3 ~ + ~~,-'~'~- ` ,awe .~ Exhibit A Page 12 of 38 Sublease No. 4337-01 .: ., ,r. , ,} t FJ4/18/2001 11:11 . BONDURANT AND FUQUA PAGE 11/1 8505265947 • EXIiTBZT "8". Sheet 1 • See Sketch ofDesciiptlon • ~ Iticludcd as Attachment aA . EASEMEN'Y 1 • 1~5' AO~ESS EASEME3YT OVE~t LAl'~TDS TO ~E ACQIIZEtED $'Y' FLA. D.E.Y. That part of I,ot 28 snd I.ot 29 Block "$", A.R. MITCpXE.LL'S StTRVEY OF THE LE•YY GRANT ON L~ JESSUP as accorded in Plat Eook 1, Page 5 of the Public 2Zecords o£ Seminole County, Florida, more particularly described as.follows: Commence at the Northwest earner of said Lot 28, ~3loclc "B", D.R MZTCI~:LL`S SURYEe Da THE ~EVX GR.A~Tr ON' LAKE rESSt~'P as recorded m said Fubha $,ocords said point b tng • rc;covered 3/4 inch iron Pipe; thc~lcc run S I.8°588" W aiong the West line of said Lot 28 tz distance of 720.I? feet to the North Right of'Uvay line of Fixst Street (a 30 foot unopened right of way); thence run S 71°24'05" E along said North rigtlt of way line for a distance of 488,48 feet; thence run N' 26°24'05" W u distance of 8.35 feet to the POA~t•T OF BEGB`INZNG of a 1,5.00 foot wide strip oflarad lying 7,S feet on cash side of the following described line; from said point run N 89°39'33" L a distaance of25.00 feet; thence run N 69 ° 1.3'S2" E a distance o£20.00 feet; thence run N 43°51'24" E.u distance of 36.82 feet to the point of Termination of said line. The sidC lines of said l 5 foot strip of land arc to lengthen or s2lorterl to intersect at property lines artd to cIase and bound said described line as c,ecessary, Containing 0.028 acres more or less. Prepared by: TiAlclcpaugh SurvcylnB Services, Inns. 379 WestlvxichigoaSttroct Suite 208 t7rlaudo, Florida 328Q6 (407) 422-0957 T01• ~ . ~$ i ~ r • ,• .. ~,~~ .Of ~~ Exhibit A Page 13 of 38 Sublease No. 4337-01 This description and the aceampaoying akcioh or sb:etclus has bona p~ncpared in . aeeorti4nce.wltb, tha Standarctg set forth is Chagtcr 6I GI?, F.A.c:, pursuant to t~sspeas 177 and 472, Florida Stat~rtes: Unless it bears • the signature and the origu~nl raisod•~~-oslcet~orida liccnscd sutvryor and uuppcz this:drawiag;. ~, P acmap is focinfocmt~ionoJ pucpcscs•aniyand~s nbtvslid. ,eg ~ yf TICKER, P.L.S. # 4381 Date: ? ,. ,~. - d/_, - - - r ~" V ~' } ,,~} y • 1~ ~ ~~+. ~ ~ r~ ~ ~./' . w~ .~~ N~ oq ' Ada 4a ~ ~a~ a ~ ~~~ ~~ ~ ~ ~. ~~~ ~~~. °'a~ w o ~ •c h U -° ~ ,~•~ ~ewQ4:~~' ~o ~o ~~.~ Q~~ ~ • ~~~ a v~iz~~,~Qry z~~a~ ~~~ w ~~~~wos° ~~~z~~g~~~xx ~y"f+VO~~c~ ti i~i m.~c p~~v1 ~~~ ~ d4~ as z ~ ~; ~\ ~~~~ a o~ ~~ 4~ Q. e~~ . N~~cna J`~ p ~ z ~ ~,~~~g ~-,J k w ~~0. w ~ ~ ~~ / ~ 111 ~~ \ 1y ~ ~ ~~ ~ ^`' h ~ ~~ ~~r~ ~~~ ' a~i1`~.~ y ~ /db ~" ~ ~ ~_1 ~ ...~ ~o . ~ ~ a ~-- ~t1 ,~• c ~ 0 ~~` $. v ° ~ ~~ 0 o ~~ Q' ~ a y ~ :~ • c .~ ~ ~~ s ~ a ~ a ~ Q ~ ~~` ~ ~• / uM 3 ~~ ~° /a4 N m z ~ a ~~`~~~~ ~~ cry f. ~ ~. ~ ~ ~ ~' ~ . I ^~ f ~~ m ~ ~~ +~ ~~ ~~ 1 /l ~~ h yo s ~~d ~ S7u._- N"'7~~'D~~ ~ lity ~'o ' -- -- - L4699Z9058 6~/Zti 3Jdd ~ df1D(l~ QNd J:NtIafIQNOS Exhibit A Page 14 of 38 • Sublease No. 4337-01 • • ~ ~ • ~. 0 tO N ~ m o N C 'N ~z ~ ~~ U ~ "~~ o ~ ~ ~{ N 7 W ~ ~~ ~r~ S a ~~3 ~~ x ~ ~~ ~.. ~ o x x a ~= n o~ ~~ U~ '~ ~~ c~ -.. $ n $ N cY a~ ~ C o n ~ o $ g ~, 0 o n 6 o r w w w w ~; w w w z n ~ °~ ~Q ~ o `~ $ o ~ a n - n :.. ~ ro ~c m :i ~ ;~ c~o h '~ r ~ n f~ +a'i bbo,, h °n z z z z ~ z x z . d N F-••~~ ~l v ~ ~ .^.1 r~.l h 4 4 C TZ:Yti S00Z/8S/b0 O 0 •i .. . . . • • AND FUGtUA PAGE 13/ 1 ' BOhIDURANI' . • Oa/•,18/2001 11:11 85052659a7 ~ • • ~ Sheri 1 • See SketGh• of~?escription Includod as Attacizment "A" EASB112ENT 3 . 15' ACCESS EA,SEME~''T OYER LAI~'DS TO ~~ ACQUlREA BY ~'3a, b.E~. 't'hat part of Lot 2B and Lot 29 Block "~ ", D.R MITCH!~L1r'5 SURVEY OF TFSE LEVX GIt,A1~I'~' pN'Z,AKE JESSTJP ns recorded ut flat Book 1, Pagc 5 of the Public Records of Seminpie County, Florida, more particularly described as foitows: Commence at the I~Iorthwest corner of Said Lot 28, Block "$" , TS.R, MITCHELL'S SURVEY' 0$ '1'~ LEVY'G}.~.ANT ON I.A~ JES~SUp as recorded in said Public Records said point being a recovered 3/4 izlch ironpipe; theme run S IS°58'28"'UV along the West line of said Lot 28 a d3sttutce• of 720,17 feet to the North Right o£ Way line of First Street (a 30 £oot t~nopcued right of way); thence run S 71°24•'05" E along said North right o£~vay line for ~ distance of 488.48 feet; thence tali N 26°24'05'~~W a distance oF8.~5 foci; tliencc runty 89°39'33" E a di.5tanco of 25.00 feet; thence run N G9° 13'52 E a distance Qf 20.00 feet; thence run H 43 °51`29" E a distance of 3 f.82 feCt; thence runty 33 ° 1 I'28" E a distance o£31.00 feet to t4 the PUIl`IT OP BEGII~'1~CCr of a 15.00 £oot aside scrip of land lying; 7.S fcet on each side of the follov~ting'desaibed line; thence from said point run N 31 °39'OT' E a distance of 60.OQ feet; ihonce tun K 39 07 22 E a distance• 0£90.00 feet; the~oce rust N~29°03`09" E a distance o~'75,00 feet; thence runhl' S0°33'40x E a distance of 45,00 feet to the point of Textrunation of said line. The sidelines of said 15 foot strip of land ate to Lengthen or shorten to intersect at property lines and to close and bound said described line as necessary. Containing 0.093 acres more or less. Prepared by: Tinklepaugn Surveying S~tYictis, Inc. 379 West Ivtichigan Street Suite 208 Orlando,l~ loridu 32306 (407) 422-0957 TOI-A53,3,•; ~, .; ~, This dcscriptiva aad the accoAtpat~ying sketch or skerc~s has boon prepared. m aced Yritfi the Standards set forth iA Chapter 61G17, F,.l~C..Fvrs~tt+ai to c'haptas i77 a~od 472, klc~la statucca. t'7alccs it bears the signstttre aad the origiaal raise ~ ~ ~ Florida Iiceaaod surveyor aad mapper ihIs drdwiag, sk'¢t~h, Plat ~, map ~ ~ iaf~•asncoaal lxuposrs Daly aadris ndt valid _ ~ ~~ ARTHUR W. Z'(.TC~ER, P,L,S. # d~381 Dntc 2~= Qr ~~,~~,o Exhib3.B~A~• Page 15 of 38 Sublease No. 4337-01 A .~ 0 0 0 0 .. u°~ k ~o co ~,' N ~~~ ~ ...~~ r-r-r r r x ' ,~Q°~Nr ~~ ~, I ~ ~ ~~~~ d~~R ~~~{,~~~ c.sr B~K~ p~~ s r ~ ?~ N) xzzx (A' p CUrrR z z ARr LAT 6~ ~"<< p ~y~~ab~ V~CArk"~•Ok1T Pik N~weN~c~ ~g?e„~y SB•r'C / ~Zo, ~y, ~ygJ mmr,mmm o4~,ow,owti ~ ~ ~~r~~ n 6dtbOO ,1 ~ ~; ~ ~z -~ ~~~//~~ KI y' w c ~. a~ ~s ~ ~ ~~ ~~~ WJ A O n~ . Pp a~~ ~~ ~ x~ ~~~~ o m w. u m P w /•/ %,~ ,~~ t'' ~ t+' . D~ ~. ' ~ 1 ~ t~ w~ 9 • ~'~+`~ ~ '~ ~~ r` ,~Q . Gov ~Q"' G ~~ ~a I'• V b ~ y~w~. y~~ y ,~ ~~ ~~ ~ ~A~ ~~ m~ ~~ ~~~ pp a~. . ~~~ ~ ~ ~~~ ~ rod,, , CO ~ /~.~ g ~ ~ b ~~ ~~ ~~ ~~"~ Vl ~~ ~~ ~ ~ ~ ~"' ~D ' _. ~ -- 6t/bt 3Jdd ,a Exhibit A Page 16 of 38 Sublease No. 4337-01 ~ ~ ~.~ ~ l aQl ~ ri p 1 ~' ~~ ~~ m ~~ ~ ~~~~ .~~ o~ ~ - b ~ ~~0! dC1DfL-1 QNd 1NtlafIQNOH r M q V 'o d' q~ y O r~ y ~ ^ p ,~[ ~ ~ ~ ~ ~~zQO .., v~xfiN ~~~ ,.- ~, ~ m ~y . 1 ~. r ~ ., ~n~ m-~ "~~ t~ C y n . ~ ~~ ~ ~~ Ly6S9ZS0S8 jj:tit t00Z/8t/b0, ' ~~ ~, ~ t a M W "~( N r . N N ~~i~ J< .y { ' ~~• N ' r'~~H °as r ~ M~ ~ V Y x ~ = ~Ygjq I~ ~ypYx$ q y M ,•~ aFj 'yY e • 4 }-l ~- ~ ~~~ c. Yr.,y o. ~~y~ 0 '~ tia ,e r ~Nd$~ ~ ,E~ o a. ~a ~ ~~ ~ ~~~{ ~ ~ ~ ~ waC _ .. l ..i ~7~~7yy~~~~~ ^ cod lr u fil~ h ' ~ . Exhibit A Page 17 of 38 . Sublease No. 4337-01 ~ , ~~ i ~~a~~,~ ~n~- Q~ V ~„~,~ O :1 . ~~ •'~ V J ~ ~, ~'-4 J{~ '~ • ~ •~ , _~ ~ . ~ ATTACHMENT, PAGE____._... .,~~, .. "Exhibit B" 5AL3 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT OVIEDO SPRING HAMMOCK - WINTER SPRINGS TOWN CENTER (5.92 ACRES) lease is made and entered into this ~f S~ day of This 20~, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRU5T FT7ND OF THE STATE OF FLORIDA, hereinafter referred to as Lease Number 4337 "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 INTERNAL .IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA holds title to certain leads and property being utilized by the State of Florida for public purposes, and WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVED'~NT TRUST FUND OF THE STATE OF FLORIDA is authorized in Section 253.03, Florida Statutes, to enter into. leases for the use, benefit and possession.of public leads 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 in~coasideratioa of the mutual covenants and agreements hereinafter contained, LESSOR leases the below described premises to LESSEE subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSORS responsibilities and obligations: herein shall~be exercised by the Division of State Lands, Department of , .Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of Seminole, State of Florida and is more particularly described is Exhibit "A" attached hereto and hereinafter called the "leased premises". 3. TERM: The term~,,o~f'' t~h~is ~le/~a/s~e~ shall be for a p/e~riod of fifty years, commencing on ~~L11. '~L.~L~L/11L and ending on ,~11 ~ ~~~~ ~=--• __ unless sooner terminated pursuant to the provisions of this lease. a 4. PURPOSE: LESSEE shall manage the leased premises only for the conservation and protection of natural and historical resources and resource based public outdoor recreation which is compatible with the conservation Exhibit B Page 18 of 38 Sublease No. 4337-0' .. ~r and pzotection 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 Plaa required by paragraph 7 of this lease. 5. QUIET ENJOXMEN7C AND RIGHT OF 'USE: LES.~EE shall have the right of ingress and egress to, from and upon the leased premises foz 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 Coda, 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 developed or physically altered in any way other than what is necessary for security and maintenance of the leased. premises, without the prior written approval of LESSOR until the Management. _ Plan is approved. The Management-Plea 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 management 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 Plaa without the prior written approval 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 INSPECT20N: 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 thoreon 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 _' i 9. INSURANCE REQUIREMENTS: LESSEE shall procure and maintain fire and extended risk insurance coverage, in accordance with Chapter 284, F.S., for any buildings and improvements located on the leased premises by preparing and delivering to the Division of Risk Management, Department of Insurance, a completed Florida Fire Insurance Trust Fund Coverage Request Foam and a copy of this lease immediately upon erection of any structures as allowed by paragraph 4 of this lease. A copy of said form and immediate notification in writing of any erection or removal of structures or other improvements on the leased premises and any changes affecting the value of the improvements shall be subanitted 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. LIAB_, ILITY: LESSEE shall assist in the investigation o£ 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 deemed 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 Historical Resources. The Management 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 easements including, but not limited to, utility easement earns xpressly prohibited without the prior written approval of LESSOR. Any easement not approved 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, withput 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 RESPONSISTLITIES: Ia an effort to define responsibilities of the LESSOR and LESSEE with regard to resolviag~post closing management 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 project 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 project 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 all title defects, survey matters or ` environmental contamination associated with the leased premises, including but not limited to trash and debris, which were either knows ar should have been reasonably known by LESSOR at the time LESSORS acquired the leased premises. Notwithstanding the foregoing, LESSOR will not be responsible for nay 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. 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 time LESSOR acquired the leased premises, LESSOR ' ~~ and 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 ti f acJcnowledges and understands that LESSEE is unable to commit aay substantial amount of their routine operating funds for .the resolution of any title defect, survey matter, or environmental contamination associated with the lease premises. Notwithstanding the foregoing, LESSOR will not be responsible for any of LESSEE'S attorn®y'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 texmination 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 Laced Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900. Commonwealth Boulevard, Tallahassee, 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.. The 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 cell or any part of the leased premises or upon expirat~.on or termination of this lease, all permanent improvements, including both physical structures aced modifications to the leased premises, shall become the property. of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or cell such improvements at the expense of LESSEE. The decision to retain any improvements upon termination of this lease shall be at LESSOR S sole discretion. Prior to surrender of all or any part of the leased prami.ses, 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 aced improvements located thereon do not meet all conditions set forth is paragraphs 18 and 21 herein, LESSEE shall pay all costs necessazy to meet "~ ,~ the prescribed conditions. Page 5 of 21 Lease No. 433? 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)fh). 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 ARTBROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to the respective arthropod control district or districts within one year of the egfective date of this lease all of the eavizoamentally sensitive and biologically highly productive leads contained within the leased premises, in accordance with Section 388.4111,, Florida Statutes and Chapter 5E-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 utilities 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 equipment 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 real 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, }seeping the leased premises free of trash or litter, maintaining all planned improvements 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 ~ • ~a 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 parties and shall only be amended with the prior written approval of LESSOR. 23. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should 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 any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease 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 LESSOR of nay one of the provisions hezeof 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 ENCZTIVIDRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything which purports to create a lien or eactunbxance 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 against- 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: A11 of the provisions of this lease shall be deemed covenants running with the lead included is 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 is 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 permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 U5C 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 "polluticn" shall mean those products or substances defined in Chapters 376 and 403,•Plorida Statutes, and the rules promulgated thereunder, all as amended or updated from time 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 legally required closure, investigation, assessment, cleanup, decontamination, remediatioa, restoration and monitoring of (1) the leased premises, and (2) all 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 lands into full compliance with all applicable federal, ,a state or local statutes, laws, ordinances, codes, rules,. regulations, orders and decrees, and to restore the damaged property 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 leva.ed 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 TAMES 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 the 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 Statutes. 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 ageacy of .either. 32. TIMES Time is expressly 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 inteaded 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 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 lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due aad payable on July 1 of each subsequent , year. r Page 10 of 21 Lease No. 4337 Bxhibit B 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 W' ness ti/~ Print/Type Witness e fitness Print/Type Witness Name By : ,,.~~C.~_l: "i IJUL,~~ ( SEAL ) GLORIA C. NELSON, OPERATIONS ANn MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this ~~ day of 20,~, by Gloria C. Nelson, as Operations and Management Consul ,ant Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department o~ Environmental Protection, acting as agent oa behalf of the Board of Trustees of the Internal Imp~ro~gement Trust Fund of the State of Florida. ~~ Q~, ,~ (~ .bl/ ran Notary ~~~ic, ~ta)lj6 of Florida Print~Type Notary Name .~~~~~~, CNERYLJ.KINQ ~~ ~~`' MY COMM{SSION t CG 852921 Commission Number : @~.,~ ~a~ EXPIRES: November 7,2003 ;~ ~ti~S OardMTlwN~YpuafeUndornMlirt R.,, Commission Expires: ' Approved s to Form and Legality w By: DE Atto ey Page 11 of 21 Lease No. 4337 Exhibit B Page 28 of 38 Sub~.euse No. 4337-01 W'taess Print/Type fitness ame ~~-~{~,,,c.~ ~ath.rl~~n Print/.Type Witness Name FLORIDA D1:PARTb~NT OF ENVIROND~NTAL PROTE ION, OFFICE OF GREENWAYS AND TRAI B x= S nne P. ICI I~eX' Print/Type Name Title: ~~~'~s~~~~Y'~CEbY• ,~~~ "LESSEE" STATE`OF FLORIDA COUNTY OF LEON The foregoing instrument wasr~c~o~j dged before m~ his ~~ ay of $ . 20:(~, by .~1d.~t~J1i1P t~ NIU.I~~er , as ~~$1~0 on b alf of the Office of Gre ays.aad Trails, Florida Department of Environmental Protection. 8 /she is pe Wally known a p/r~oduced as i ti.ipat ~ /1 ~ - Jay P blic, Stat ~ -Florida ,;~iM' ~:~;, Shannon Franklin ;.r :.; MYCOMM~SSION,fCC114008 EXPIRES r~• ,,~~= May 24 2002 ~~Rrfi~'- ooNDEOtMRIITROYFAINxrsURANCEN~IC Print/Type Notary Name M Commission Number: G~~ 1~~~ commission Expires: M~ ~~ "`~"'~ Page 12 of 21 Lease No. 4337 Exhibit B Page 29 of 38 Sublease No. 4337-01 _ _ This Instrarricnc Prepared By. clad Please Retuta to; Frank E..$onduiant 13ondurant and Fuqua, P,A. P. 0. Box 1508 Marianna, FL 32447 (~so) s2s-22x3 FLA $AR NO: 0520330 r sing AAPr By' DE Attorney Date: . 1'YAx~iANxY DEED ~STAT'UT4RY FORM -SECTION 689.0,2, F.S.} TITS ]NDh`Nq'(JKE made tbis~y ofAprll, 2001, between I.EWlS BLU'MBERG and wife, JUANITA BLUIvi,BF.RQ~ aik/a JUANZTA A. 8LU1v7~t3EIt0, wlYOso address is 1 l30 E, State Road 434, Winter Springs, r1.3~708. Grantor, and the I30AItD OFTRUSTEES gPTHB17NTEANA.L.II~RO'VEMEl`1TTRUSTF'UND OF TXE STATL OFF'LORIDA, whoao post ofI'icc addross is c/o PIoridabcpattmcnt OfEnvironmental Protection, Division ofStata Lands, 3900 Coramomvwlth Boulevard, Mail Station 115, Tallahassee, lalorida 32399-3000, Crtanteo, (Wherever used herein the tuns "Grantor'' and "Grantee" inc)ude alI the patties to this instrttmertt and their legal representatives, successors ata$ as9igns~ `der ~~~ ~c ~~ ~t~~a ~ ed ForsingulAr and plural, as tbo contVxt requires and the use of any g 8 WITNESSIrTJ•i: Tlaat the sr~1d Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and othc good and valuable considerations, to said Grantor in bawd paid by sa; d GraatCG, the receipt whereof is lacreby aclotowledgCd, has granted, bargained and sold tp the said Graatcb, and Grantee s successors and assigns forBYCC, the following descn'bcd land situate, lying and being in S~minoic County, Flozida, to-wit; SEE I;XI~1BIT "r~:." AT'7'ACHLl7 HERETO ANA 13Y REFERENCE MADE A PART FiF.REOF. Property t1~piai,er's Parcel Z D. Nos.: 26.20-30-SAR OB04-0260 26.20-30-SAIt•OB00-0290 GRANTOR IiERE1N Rli$ERVES AN EASEMENT FQR INGRESS AND E(3RES5 ONLX 0'~ER AND ACROSS TlIOSS LANDS DESCRIBED TN BXHIBIT "B" ATTACI•IBD HERB1'O AN>a MADE A PART HEREOF. TI-,LE TF.ItM OF SAID EASEMENT SI;lA.I.L BE FOR TWO YEARS FltOlvt THE laATl? OF TI•~tS INSTRUMENT OR UNTIL HICKORY GROVE PARKBOUT..I;VARD IS COI`ISTRUCTED, WHIC.IiEVE2~ OCCURS FIRST. This Conveyance is subject to easements, restrictions, limitations anti conditions of rCCOtd, if any now exist, but any such interests that may have been tenninated are apt hereby rc-imposed, AND the said Grantor dots hereby fully warrant the title to said land, and will defend the same against the lawful claims of. all persons whomsocvcc IN WITNESS WHEIZI:OF tha set Grantor's hand and seal the day and yearfirst above written. LE1'YIS BLUMI3ERG 'J VITA SLUMBBRG alkla JU ITA D. UMBERG STATE OF FLORIDA COZdN;C'Y OF ~~~` The foregoing instrument vas aclmowledged before me this ~' day of April, 2001; by Lewis Blumberg an d Juanita $Iutnba7; a/k/a Juanita D. Blumberg. Such parson(s) (Notary Public must check applicablo box): (NOTARX FU$T,IC SEAL) (Exhibit A i Page ~.3 of 21 Lease No. 4337 Exhibit: B Page 30 of 38 Sublease.No. 4337-01 () is personally Iatowp to zrac ~ta-`~'~•~''~'~, (if~ produced a current driver s lice se ~ . produced tic 8'~'' as idcati5aation '~Q~-s oZC'1~'7~`~o~'D . t1, , a~,,,. K~'e baborsh l,Giltasp~a Ot ry Fub~C ~~^^--ii ' * * ~,, ~,~casroncct~oooo ~~c-n'1~ L., <sclt,~.~ I ~i° ~cpirQS Mercn zt. 2004 (Printed, Typed or Stamped iitame of No~ty Public} My Cotntnission Expires: ~,~• ~..iy ~~' :~ • i • .~ • ~ '.E~kliibit uA"~ • ~ PAYzCJEX. X That part of Lox 30 $Iock "B", ~.R. lY~TCI~7~~'S S~'YEY' OF 2`#fE Y~EVX GOZAN'r QN LAS J~SSUP as recorded in Plat 7E3ook Z, $age 5.of t}~e public~eoxdb o£Seminole County, k"Ioz~idz, mRre ps~rticularly acscxx3sed us folIows:• • Conuncnce at the Nflrthwest corner of xot Z8 $loclc "B" D.R. M1TG'~LL'S SURVEX bF T7~ LE'VY' GIANT QI1~ LAS JESSC7F us recorded in said ~'ublic Records, saki po1Ax bcxng a recovered 314 ancb Aron pipe; thoncc run S X$°58'2$" `DV mlozxb the Wcs# tint of said Lot ZS a dista>ucc oI'7z0.X~ £eet; to tha I~Iortlx Rigb-t of Way Line o>'pYrst Street (A 30 foot ntsopen¢d tight ot"way); thence run S . 71°24'05" E along ss~id Plortlx right of 3vny tznc Yor ~ dist~ncc of 1x54.4? feet to tlao PQIlVT flF $EG>TiI~J(NG; thcacc continue S 7i°24lo5" T for a distaxccc dF402.b7 feet; thence N Z9°xb'28" E for a distune4 of2S.Zl feCt; theztceN 15°43'32" ~'Y~or a distaa~0 of2X.21 feet; ihenca~N 60°43'32" W x'or a distance of 95.56 feet; tl~cuce N 71°2~1'OS"'W for a clistancc of 341,471fact; thcacc S 63°35'55" W ,fOr a distance of 21.2X fe~!t; thcacc S 1$°35'55" '4Y for a distance of30.00 feat; thcacc S Z6°2d'U3" E for a distance of Zx.21 feet; to tl~e pO~TiyT OF SEGSNNXI`I'G. A,ND _ PA~tCEL Z • • That part ofLot Z9 and Lot 34 Block "B", I1,Pt.I1~FIT.C~LL'S SYJk~'t~' CFA ~''~'' GRANx ON • LA.X~ JESSUIy as recorded in Y'latBooJk x,1'age S oftheFn62ic Records o!'Seatinote County,Florfdx, more particularly described as FoI1pWS: • Comhsence at t~Ce Northtivest corner of 7.flt 28 Black "S'' ?3~I~. NIIS'CHELX+'S S~t'VEY d~ T~ • ~,gyy GR,A,~' ON L~,3~ 3ESSUP as recordal In said kttb3ic RaCbrds, said point being a recovered 3/4 inch iron p9pe; tttcnce run S 18°5$'28" vY along tlie'West lino of said LotZ8 a diatancc of 720.1? i`eet to the lYozth lht of Way line oI' First Sweet (s~ 30 foot unopened right of vray); thence run S '71°24'05" 1:/ along acid North right of lino for a distance of 1015.35 feet to the PQxNT Ole BEGINNYNG; tlxcctce continue S 71°24'05" E for a distance of 59.12 feet; thcaceN 63° 35' 5S" E. fora • dist~ace of21,~X fscx; tbcaccrun N x$°35'55" E fora distance of30.00 feet, xhettce IY2G°24'05" W lbr a distans4 a~'21.21 toot, tl;cncc N71°24'05" W for a distance oS89.12 feet; thence S 63°35'55" W fora • di:~taacc of 2x.21 Sect; thence S 1$°35'S.~i'.' W for a distuaac of 30.44 £cct; thcacc 8 2~5°24'OS" E for a distaaco flf 21.ZI feet to the 1'07NT 4F.I3EGIl~'2Y~YG. AIYD • • • pARCEY., $ Tht1t part of Lot 28 and Lot Z9 Block "8", D.R. ,1y;~">; CRELY,'3 Rccards a SsmSaol~C unty n'da, . • LAS JESS'iJP' as xecorded lu Plat Book'1, Fage 5 of the Ptt Lc , . • ~;"rr~`a'.~; ~`~articuiarly described as foUo•ws: • Commenc$ at the lYvrEbvtcst corner ofsaid Lot x8, Block "$'t, I3.R NA7CG',~~,x'S SUR'~'EYOF' T'.~E • wlnwr spriniA Town Ccoxr/F3l.icnbarg Scoria°Ic County PaacJol# •~ ~'j~' ..;-r-- ,~ Exhibit A Page 14 of 21 • Lease No. 4337 Exhibit B Page 31 of 38 Sublease No. 4337-01 t _ _ . . ti . • ,LEVY GrRA.l~1T (?N ~'..A.~E JESSt7f' as recorded !rz skid Public 1ze~cords Sa~t@ point beEug a recovered 3/4 inch iron pipe; thence xun S 18°5$".8"'4S- alou8 the Vycst line a:fsaid rLot Z8 a distavca Qf 720.17 feet; to #bc North ,fight nf'Way uao of 1~"ust Street (a 3Q foot unopenEd rlgbt OP rays; thence run S 7X°24'05'' ]i :bong said lYonth t'igbtt of nxy line fox A distance of 488.48 ~'cet to #bc 1''OIlY'!' 4F A];GIlYhrIlVG; tbezctc continue S 71°24'45'T ~ for a distsuice of 476.87 feet; WeaceN 63~3'SS'' ~ for a • distance of21,.2I foci; thence N X8°35'S5'f E 2'or a distance of 30.00 feet; theztee IY2S°24'05"'W Poz a distance of 21~X feet; thattsc N 71°24'05" VY for a distance of 47b.37 feet; Yhence S 63°35'SS''VY for a ' distance of 2X.2x feat; tkCusc S i8°35'5$" 'W for a distance oP34,d0 feat; thence $ zb°24'05" P for a, • dlstancc of 21.2T. fcrtr to •the Pf)]1+1T Ola' SECINI+t,TNC, ~ • . AND p.A.~ZC~ir ~ xlutt part QfJLot 2B and T,ot 29 Block "B" , Y?.R IM3~CJE~Jf.Y.'S SITRY~Y OF TF~ ~'PY aRA,N'r Ol`i LA1~E JESSUP ag reccYdCd in ~t $aok 1,P~g4 5 of tTie Public ~teoords afSemiAOlc'Counry, >FIot1de, mare particularly de9cribG[] as follows: ' Cgtnmcncc sst the Northwest eozuGr of said 1.otZ$,1~Ioelc "B", Ddt. IY~TCIiEI.S;'S 5I7R'Y;EY 01t' T33E LEV7C GRIT OM I.AY~E J'>~,SSUF, as reaordcd in saEd public ReCOZds said point being n z+ecovexcd ' 3/4 inch irQa pipe; thence run S 1$°5$'ZS" W along tho'yYcst IIUC of said I.ot 28 a diBt>zaCO of 325.89 feet; thence let-ving said ~S'cst line of Lot ?.$ run S 7X°24'05" 1; for a distance of 335.54 tit t0 !hc Fd1fiTT' OFB~G7',tI~FG; thence S 3$°35'55" ~V fora cIisfance oFx30.00 feet; thence S IS°Z3'SS" E for a distance of$1..Z61'eet; thence S 29°07'50" E for a distance of 160.12 feet; thence S 71°24'05" E for a distance pl'458,29 !'ect; thence h i$°35'55" >~ ford distance of 137.55 feet; thenccN 71°24'05" W for a distance ofZ93Z0 fAet; thence N 40°00'00" West far a distance of200.OZ feet; thence R' 88'31t1,Z" W t'or a distance 41' 1QS.n3 feet; thence N 71°24'05't W fbr a dislsuzce of 162.54 feet; to tkc POZIVT OF }3EGINIYL~I'G. • Tv~cther with a X5 feez ~vide'easement for aeee~g$ across the ~'ollo~ing desciribcd parcel: . That part ofY.ct 28 and tat 29 Block "B ", b,~t,. MITCFIEI.~'8 SLF.EZV1r`~' CP T~3E X,BVY Crk~,N"I 4HLAI~ JESSUP as x'ccorded in plat Book Z, Page 5 oFthe 1'ubiicRecords ofSeminole County, ' Florida, more parcicc;;lat•Iy descfibed as folIo'ws: Commence at the N'arthwest corner of said X.ot 2E, dock °B ", D.R IvSt~'CHF~tS.'S SU1'~.VEY Ol± • ' . ~.EVY CrltQ,1~T2 CZY LAIC JFSSUP'as recorded in said Ft:blic Records said point being a . " recovered 314 inch iron ~il~-' thence:un S 18°~8~3" '~V along the'~Y'~ dine of said I,ot 2E a dissaaee ' ' of 720.1? feet ~to the North Right Qi"Way line of1~irst Street (a 30 foot tuiopened right of 1Yay); thence tun S 71 °2~3•'(1S" 1/ alo,~g said North right oPvway Iine for a distance of 488.48 fe8t; thence nlti ' • N 26 °24bS"•'4x1 a distsanrc: of 8.35 feet; thence run TAT S9°39'33" E a distance of ZS.00 feet; thence run N' 69° 13'52" E a distahr.c of20.00 feet; thence rtzn N 43 °519" E a distance ot'34.82 feet to to the• • ~'4TtYT CP BE~L~`I~ of a 35,04 foot wide strop of land lying 7.5 fit or: each side of the foll~civv~ cig descrt`bed Tiny; 2•Fienee from said paint ron 1tiT 33° t 1~8" E a distance of 31.00 feet fo the • pt?I~t~i3F TF1ti~~tN~:I~~N oF~id line. The side kncs oPsatd 15 foot strip ofsand azg to Iengthen . or shorten t4 intersect ~i'ptoporty)snes and to close and bound said dcscn'bed Iine as riece5sary. • . • winter 5p~legt Tawcs Ca~tn/Dlumb~t•g scminolo Coungr . Pagc2 °[3 ~~ ~~,~ • By c, Ie•bl ,, , Exhibit: A ~ , Page 15 of 21 ' 'Lease No. 4337 Exhibit B . Page 32 of 38 Sublease No. 4337-01 ' • • ~• i • ~ ~ . • ~ 3 AND ~ . . PA1~CLcL 5 Thm part ox Lot Z8 Block• :'S", D-R,1Yjt'~C~X.x.'S SYT~,'YEY OF T~ L~'V'SC C~tANT ON' IGATCE • ~.TFiSSYIF as recgrd~d fa ptat Doolc X, paga S•of ~ha Ptsbtie ~toaorda~ ofSemftxota Coezaty, Tloridt, being rnorc pxriicutarly dcscri6ed a9 fotJows: • . D~g~ at the Norttzvreat eornar of sAicl Lot 28, Block "B't, D.R N.IYTC'~,XrL'.~r SUftV~~ OR T~ x„EVx G~.A~'1? Ox Le~E J7ESSV~ ~~ r~cordod in acid 7?ubltc ~i~~.ords, said•~oi~gr big a recovered 3l4 inch iron pipe; thence run S I8°S$`~S" '4Y along the `Vi~usi line of said Lot 2$ s distaacc of 265.09 feet; thence aestpi~zg ss~id'1~'est lice oa~Igrx8 rwa S ?I°24~05'r E a fQr distance ot'27S.XS fast; thence K XS°3S'~5" E for rt dkstuaec of265.~.3 feet to t6-d South ~ioht of'FYup ISx~a 0£uccon~i Street (a, 3fl.00 foot right ofw:-y); •thencc hr?I°7A'3$" VV along said South Z2ightof Wfly Tine for n distauco of273.4I Sect to the POA'~' 4F 33~G1N1YlI+IG. • • , c • • WincaSpciarsTwvn CantulT3tumberg • • 9.w.t•r4 Z+a.nq • Ns~,o 3 ot3 . ~a.10 o t . icy/ ,~,,,,, , ,, Exhibit A Page 16 of 21 Lease Np. 4337 ~ • Exhibit B Page+33 of 38 • Sublease Ho. 4337.-01 '• • t t• BONDURANT AND FUQUA PAGE 11/19 Ff4/18/2001 11:11 850526594? EXfiIBZT "B". ' ~ Sheet 1 See Sketch of Description Included as Attacl~znent °A." EASEIYI)EiY'~' I 15' AC~5S EASEMENT O'~I~ T,,AZ~1'DS TO EE ACQUIRED ~~'' ELA. D.E.~'. That part o#'Lat 28 and Lot 29 Block "B", D.R. M~tTCHELL'S SURVEY OF T~ LEVY GRANT CN LAKE 3ESSLJP aS accorded in Plat Book I, Page 5 vFthe Public records of Seminole County, Florida, more particularly described as,follows: Co1nmence at the Northwest epmer of s$id Lot 28, Blokl+. "B", I7.17. MZTCHE~LL'S SURY.EY OF T~ LEVY GrR~1NT ON LADE J'ESSUP as recorded in sand Pw.i6lia Records said point being a recovered 3/4 inch iron pipe; thence run S I8°588" W along the West Line of said Lot 28 & distance of 724, I? feet to the Forth Right of'4Yay Iine of Fixst Street (a 30 foot unapened right of way); thence run S 71°24'05" E along said North right of way line for a distance of 488,48 feet; thence run N• 2b°24'05" W a distance of $.35 feet to the P4TN'T 4F BEC~YNNI~IG of a 15.00 foot wide strip of Ia~td lying 7,S feet do each side of the following described line; from said point nin N &9°39'33" L a diStAnce x£25.00 feet; thence run N 49 ° 13'82" E a distance of 20.00 feet; thence tort 1V' 43 ° 5I'29" E.a distance of 36.82 feet to the point of Termination of said line. The side Imes of said I5 foot strip of Iand az-e to lengthen or shorten to intersect at property lines grad to clase and bound said described line aS necessary, Containing 0.028 acres more or less. Prepared by: This dcsoription and the accompanying akvtch or sb;ctchc9 has born prepared in accordaaco.wlt}i tha Tin~klcpaugh Survcyin~ Services, Inc. Standards set f6iih in Chagtcr 6I Gl?, F.A.L., pwstaant 379 Wes[ ~ichignn Stroct m C'haptrrs 177 and 472, Florida Statutes: Unltss it bears Suite 208 ~ the signature and the original raisod-3eal; oT a Plaridn Orlando, Florida 328p6 lirenscd survryor and mapper thisdruwwing~sketcbw plat (407) X422-0957 a map i4 fociaf/nt~mntiahal pu•only.and%is nbt vslid. • ,:~` ;~ ~ ARTHUR W/.~ NC,KER, P.L.S. # 4381 • Exhibit A ~ •-Page .17 of 21 , ~~g•~er•3•r •~I Lease No. 4337 Exhibit B ~ Page 34 of 38 i Sublease No. 4337-01 i~. ~• ; (> >' Jt[ °~ ~~ Li. ~ t ~; vvW r~r ~~~ ~~ ~~ Oa 04~ a ~ ~~ ~.~, ~~~ ~o~ ~~~ ~~~~ ~Q~~o ~~~ W~~o~~ ~~ ti ~ QWx ~ ~~ ~ ~ ~(~/j~~~ya~0 ~' ~~z~~g~~n ~x~~~~~~~4~ OM Nm~ ~K~ z o ~ ~+ ~~~ ~4 ~ y~ o ~ ~~a ~a~ z -. N 8 h •v~ L££~7 ' oN asBaZ tZ 30 •gt a8sa ~ ~~Q~uX~ 8' -~/~-~! Q \~ ~~`` ~~. CK m N= ~~a ~v~~ ~c o ~ ~. ~ D o. , a m ~' 4 0 ~~~ y ~' O ~ ~ ~ ~~ ~~ v ~J 2~ ~ 4° ~ t ~i' ~ ~ ~. ti~ ~ i ~M ~. _~ ~ ~ O ~ '..' ,~h ~ . '- , ~\ m \ ~~~ ~~~~~ °' ~ w ~'`'..~. w e • ,~ ~ .~ a ~ ~w / b ~r ~ {~+ ~ J,r ~~~V I N' x~i4 . 4po~~ ~ ~~~m • ~ ~ ~~~~ ~~ ~~~ ~q4 ~ 7/ Q1 ` ~~ ,;~~Q~ • Y7 '' ~'~` ,~ t7 Nl 4f ~i v Qp~~Q~~ ~ ~ ~ ~ ~~~ V~'~ ~ i~ h ~V ~Y ~, h ~ ~~ ~o ~, s ~y . ~d ~~~~ ~ ~0 8~~~~ ~~~ ~~~' d d~ ~ ~ ~/ .001 -.1 :s~tv~s ~- ~O -(Nlp~ 6tlZt 3Jdd dflOtlj QNd .LNbbf1QNOS LbSS9ZS058 Exhibit B Page 35 of 38 ~~ Sublease No. 4337-01 N ~- w'!,y tt~tt '_-'-'r-'(~r'' e N h Z ~ ~ ~ a?z ~ ~~ ~~ ~ ,xd ~~ ~ .~ a ~ _~~~ ^~ ~z~ ~~ 0 ~ ~~ ~ ~ ~ s~ v x n ~ m ~o ~, z,- y 0 d .Q m Q t00Z/8t/b0 ~. ~~ • ~ . t 04/•,18/2001 11:11 BONDURANT AND FUQUA PAGE 13/19 8505265947 . ~ Sheet i • • See Sketch of~?escription • IncIudod as Attachment "A" • EASEMENT 3 XS' ACf~S5 EASEMEI~IZ' C'4TER LAI~'DS TO ~~ ACQUIRER ~Y F'IR, h.E.Y. That part ofLot 28 and Lot 29 Block '~ ", D,R MCTCl•~ELL'S SURVEY OF T.FdE LEVY G~t,A'1~tT ONLAISE JESSUP as recorded iu Plat Book 1, Page 5 of the Public Records of Senunole County, • Florida, more particularly described as follows: Commence at the Northwest corner ofsaid Lot 28, Block "B",1'~.R, i1~'CHELL'S SUR'VEY' Ok' 'THE LEVY ~GRAN'r ON LAS JESSUP as recorded in said Public Records said point-being a recovered 3!4 inch iron pipe; thence run S I8°588" 'W along she West litxc of said Lat 28 a distance of 720.17 feet to the North Right o£ Way line of First Street (a 30 foot.unopened right, of way); thence rurx S 71°24'05° E along said North right of way line for ~. distance of 48 8.48 feet; thenare nuz N 26°24'05" W a distance of8.35 feet; thence runty 89°393" E a distance of 2S.OO feet; thence run N 59° 13'52" E a distance of24,00 feet; thence run N 43°51'29" E a distance of 36.82 feet; thence run N 33 ° X I'28" E a distance of 31.00 feet to t4 the PCIIV'r CF BEG~N7~tC of a 25.00 foot wide strip ofland lying 7.S feet on each side of the following described line; thence from said point run N 31 ° 3 9'OT' E a distance of 60.00 feet; thence run N 39 ° 07'22'' E• a distance of 90.00 feet; thence run N 29°03'09" E a dist~Ce of 75.00 feet; thence run N 50°33'408 E a distance of 45,00 feet to the point of Teurnination of said line. The side~Iines of said 15 foot strip of land are to lengthen or shorten to intersect at property lines and to close aztd bound said described line as necessary. • Containing 0.093 acres more or less. Prepared by: Tinklcpaugh Surveying SetYicts, Inc. 379 West Michigan Strcet Suite 208 ~rIando, k'lorida 32306 (407) 422-0957 ~. ,~ TO 1-A53,~ 1;, 4 ~. ~ ~~~j•0 Ba ~s Exhibit B Page 36 of 38 Sublease No. 4337-01 This description and the aeeompetiying sketch or skachcs has ban prepared zn aceatdatl~ witfi the Standards act forth in Chapter 61G17, F.:+~C,,gur~tant to Chaptua 177 and 472,klsaidn Stbtufca. t'7alc,cs it beats the signaturrc and the original raised: seal of,~ F1Acida Iiaenscd surveyor and mapper this drawing, sketch, Plat ocsnap u//rafft in,cvrmaavaalpucposcs only aad~is ndt valid A1tTxtrlt w TtJC,~, ~,L,s. ~ 4381 Date;. ~~-~ O t Exhibit 'A Page Y9 of Z1 Lease No. 4337 ~~ i • ~ ~ .: __ ;~ 0 O a !~. t a • ;,~ r~~~c~ tiN"~•. r RI r V i+ 6J r+ ~h ~ .w z z z x x z z x ~' ~ w ~ ~'` + ~ a a ~ }~~t ~ IC , ~ V .; ~ . b ~ (,/ ii CY O ~ A~ v NN b N c ~ ( N n O W, N ,. rn rn m M ~ m ~t ~ a V I v UI w O rn C w " w QI ns C tu N V ~ ti q C o Q C Q N p 0 QQ 0 O 4 4 N 4 1 x tea, ~~ N N ~~~~ ~N ~~~c ~~ n d ~ " tD P $'~ . • rn~ pA x~ ~~ ~' z ~ ~~~ ~, m N 0 6't / b S 39dd ~b~` h' ~/~y .l bfiDfld QNti 1Nd2lfiQNOS Exhibit B Page 37 of 38 Sublease No. 4337-01 :~+;^~ ~~ ~ ~AC~/~y~. ~ ~ sct~ r• 100_ • ~'~ ~F' ~ OH asBa ~ ~~ ~ ~d~h1 ~ •ZZ 3o~pZ a~Ea '' p ~T ~~'~,~,~~ ~ oC~e~Nr d ~~q~~x~ r, pA~ s ~' (pgRr y ~r Bop F~c~ p ~~r~o•,~ ~~ ~ Rk . s FR ~R,a ~ 4Q sB / `~-7 ~sT a ~~ X' ~•?o ~~~ ~r~pc 27g) Q ~~ O,r AsJ • ~ Cpr~$ '~ //:y ~ '~p~ f o ~ a .y ~,`/ ~ ~'~ i ~ ~~ ~~~ ti ~ ~ ~o~oa ~f ~~ ~ ~ ~ ~'~~ • ~q• y = ~~~ ~~ ~~ ~~ C ~"' y~ ~~ ~' y~ Ada ~ ~~ ~^ ~~~ tN`' ~~ . .~ }~~ `~~~ • ~~~~~ ~ a " `-~ .eyzfiN ~~ ~~a~ .- ~~~ ~~ 1 Jp• ~~ ~~ q ~~ ~ 8 so. • ~~ ~ ~ ~/ 0 r n 11 ~ `~, ° \\ i ~ ;' Z p ~ a ~`~0~ v ~ QO , ~O~ °b~ ~ H ~ ~ ~ ~ ~ ~ y yo ~ ~ ~ s , ~ • r ~~ ~r •~~ ~ y . 0 W bay ~~ ~ ~ _ ~ o''~rr O y~~ fi h A ~ fi ~ ~ ~ ~ ~ ' ' ~~ ~~ ~~~ y ~~~ W ... g '^ o G .~ ~~~ ~~~ A ~~~r x ~4,p .vii .ti~+.r•~~~~ ~ ~` m~~~a~g~~ ~~~o~~b~ n~~ h y,~,~~ ~ f~~0 x~ ~ ~~b ~rb •~~~ g~~ r,y5 ~~~ ~~~ ~~~ .~~ ~ ~~ ~~ ~~ rn Z ~. O {~ a ~ m C .'C ~ ~~ r ~• L~659Z5058. SS~SS S00ZI8T/fi0.• w i ~ . ' . • . . • t 7 Ga ' z H ~;,• M ~~ .'i b ~'W pW •C i M R~ M • d '~& sXe. ~ a ~4~1 ~~ .~ •~ .~ :..~~ ~~i~• ~- '~aLl 1 ~n~ i ~ 4\\ ~ ~l.__.~/~ -1~ U • ~ ~ ..~ , ~~~~ ~' U '~ vip, '~ ~ O ~hUH ~ °o n p Zn ~Rt~ o~~ 3~ o w L ~ ~~ •~ 0 F~~O r1 ~ " ~ ~ wry :.~ •~ y4~6~~ ~~ ~ .~-~~ ~ ~iZ `~ +~ ~ ..-~c ~i~ ~ ~ ~. • ~ ~, .~ Exhibit A ~ Page 21 ' of 21 ~ • Lease~,No. 4337 ~ 1~ Exhibit B Page 38 of 38 G Sublease No. 4337-01 ~ i ATTACHMENT,.,_.11, • ' ~ ~ PAGE~~L