The URL can be used to link to this page

Home My WebLink About2002 05 13 Regular E Sublease Agreement 1- COMMISSION AGENDA ITEM E Consent Information Public Hearin Re ular x May 13. 2002 Meeting L-/~ MGR../ ill. REQUEST: The Community Development Department requests the City Commission receive a sublease agreement for the 5.92 acre Blumberg tract acquired for greenspace within the Town Center. PURPOSE: The purpose of this agenda item is to approve transmittal of Sublease Agreement Number 4337-01 between the State Department of Environmental Protection/Office of Green ways and Trails and the City of Winter Springs for the 5.92 acres acquired for greenspace within the Town Center from Mr. and Mrs. Blumberg. APPLICABLE LAW AND PUBLIC POLICY: 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. May 13, 2002 Regular Item E Page 2 CONSIDERATIONS: . At the time of application, 2/25/00, the City executed a Willing Management Certificate agreeing to serve as the managing entity and project sponsor and execute a lease, sublease or other management agreement. . The State Department of Environmental Protection, Office of Greenways and Trails acquired the 5.92 acre Blumberg tracts April 18, 2001. . The City staff received the sublease agreement February 11, 2002. Staff noted that the sublease agreement contained a driveway lease agreement for parcels 3 and 4 entered into by Mr. & Mrs. Blumberg. . On February 20, 2002 a meeting was held with Mr. and Mrs. Blumberg and it was determined that the access easement was no longer needed. The Office of Greenways and Trails was notified. . Staff referred the sublease agreement to the City Attorney for review and comment .on March 21, 2002 . On April 24, 2002, the Office of Green ways and Trails advised that Mr. and Mrs. Blumberg must request termination of the driveway easement. . On May 1,2002, the City received notice that Mr. & Mrs. Blumberg wish to retain the I5-foot access easement. FINDINGS: . The term of the lease is 50 years. . Page 2 (7) Sublessee shall prepare and submit a management plan within 12 months of the effective date of the sublease which must be updated every five (5) years. . Page 2(10) All structures /improvements require prior written approval by the sublessor. 2 May 13, 2002 Regular Item E Page 3 . Page 3( 11) City is responsible for liability and extended risk insurance in the amount of $100,000 per person and $200,000 per incident. . Page 5(24) City may be required to provide a phase I and 2 environment assessment. · Page 7(38) City must pay annual administration fee in the amount of$300. . Upon approval, the sublease will be signed by the Office of Greenways and Trails and executed by the Florida Board of Trustees. I FISCAL IMPACT: . Annual administrative fee in the amount of $300 per year for the term of the lease. Total $15,000. . City is responsible for liability and extended risk insurance which can be added to the current extended risk liability insurance policy. . City may be required to provide a Phase I and 2 environmental assessment. The Phase 1 assessment would cost approximately $1300 to $1400. STAFF RECOMMENDATION:' . Staff recommends approval of the sublease for the 5.92-acre Blumberg parcel owned by the Department of Environmental Protection/Office of Green ways and Trails. ATTACHMENTS: A Sublease Number 4337-01 B. Willing Management Certificate C. Letter from Mr. & Mrs. Blumberg COMMISSION ACTION: 3 ATTACHMENT A J.t " . - OAS1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREE~lAYS AND TRAILS SUBLEASE AGREEMENT .' :l.:.:~., -.; 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 DEPARTMENT 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 ter.ms 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 more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "subleased premises." 3. SUBLEASE TERM: This sublease shall commence on and end on August 30, 2051 , unless sooner ter.minated 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 ter.ms and 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 any use thereof not in confor.mance 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 form 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 assignment 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 t~es 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 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 insur~ble 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 personal 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 Boulevard, Tallahassee, Florida 32399-3000. SUBLESSEE shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The insurer must possess a mintmum current rating of B+ Class VIII in "Best'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 from time to time, or any other law providing limitations on cla~s. 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 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 gas, 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, Florida 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 "as is" 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 .Section253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. SUBLESSOR and SUBLESSEE hereby designate their address as follows: SUBLESSOR: SUBLESSEE: Office of Greenways and Trails Florida Department of Environmental Protection 3900 Commonwealth Blvd., M.S. 795 Tallahassee, Florida 32399-3000 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 any of the covenants, ter.ms, 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 from 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 from 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 prior to the occurrence which caused the damage. SUBLESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this sublease. This paragraph shall not 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 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 Station 130, 3900 Commonwealth Boulevard, Tallahassee, 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 termination 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 perform 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 permit 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 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: A1l 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 Sublease 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 fram 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 an~ 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 from July 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 GREENWAYS AND TRAILS Witness By: Print/Type Witness Name Print/Type Name Title: Witness Print/Type Witness Name "SUBLESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was aCknowledged before me this day of 20_, by , as of the Office of Greenways and Trails, Florida Department of Environmental Protection, who is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 8 of 38 Sublease No. 4337-01 CITY OF WINTER SPRINGS, FLORIDA By its City Council By: Witness Print/Type Witness Name Print/Type Name Title: Witness Print/Type Witness Name (OFFICIAL SEAL) Attest: Type Name Title: "SUBLESSEE" STATE OF FLORIDA COUNTY OF The foregoing instrument was aCknowledged before me this , 20_, by day of and and Council of Winter Springs, Florida. produced as respectively, on behalf of the City They are personally known to me or as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: CONSENT Consented to by the TRUSTEES on day of , 20 Gloria C. Nelson, Operations and Management Consultant Manager Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection Approved as to Form and Legality By: DEP At torney , Page 9 of 38 Sublease No. 4337-01 I. :.E::dJibit "A!'> PARCEl, f That pllrt 01. Lot 3 ~ 1310ck "B", DoR. 7iJJ.TCIfJi;t;f,/S SURVEY 01' 'J:'lIE u,VY: GRANT ON LAlCE JESSUP as <<corded in Pia' )look I, J.'~e 5 ,ottne :P<lh1ie Roeord. otSo",inole Cocoty )i'\.rida mq,e particulorly dcse,ibed" follOWS'" ,I.. " . . Commonee at the North.......t co,ner qI Lot ,28 Bloel; "B" D.R.l\1ITcm:I.I.'S SURVEY OF T.BJ> LEVY: GJU>N'l' ON LAKll $SS&" r.cordo:d in soid ],'ublie Recor.ds, said po!P' belog a rccoyered ~/4 inch iTO. pipei .h"",,O run S 18'58~8" W 010.' the WoSt linc of said ):..ot ZS ~ dj,uoce of7Z0,17 fc~t; to >he North Bight ofW1il' lio. oflilrst Street en,O I.ot noopeAcd right of my); theo'" run S 71'24 'OS" E oIoog ,.id North rigllt of woy liodo, . di,t.').oc ofl15.,41 feet to ,ho l' blJ'IT 0>> l':EGl1\"l'lXN"G; thenec continue S 71 '2.4 'OS" :E fa'. dis'onee of4 0..67 fcot; thcn'" N ~9'W ~8" E for. 4;stAnco or~5.21 r,et; thcnceN 15'4~'~2" Wfor a dU"'oC. of21.21 foeti >heAce N 60'43'3~" W for. distance of95.5Gfccti tMo,e N 71"24' 05" W for n d;staneo of30 M7 1<0'; then.e S G3 '35' 55" W fo' 0 distance onl"l foc" l;Acntc S 18"35'55" W for. distonec of30.oo 10<:t; theoee S 26'24'05" ,; fo, · qi3tADce OfZl.Zl fctltj to tha pornT OF BEGINNING. . hNP J? AltCEI.. 2 That p.rt arLo' ~9 end Lo' 30 IDoe1t"))", D.I<.l\1IT.cIlELL' S SURVEY OF= r.J?,V)! Gl<ANT ON LAJtF, ,mSSUl' os reeo,ded In Flut Bool<!, Jiago 5 .[the Po hUe Records ofSe",inole Co unly, 1110,id., more particuJ;J.rlY d",eribcd" falloW" ' ' , C011lIDC.eo at the NorthW",t corner of Lot 2S Bled' "13" p,R. l\1ITcro;u1S SURVEY O:t> Tf{E LEV)! GRANT ON L,<>,.ICE JESSUP as, recorded In said l'ubli c Retord.,!.id polot being. recoyercd 3/4 i~,h iron pipe; thcnterUn'S 18'55'28" VI .long the W cst Uno of ..'lid Lot A8 · dl,lan et 01 720.11 foet to tho North Ri(;h t 01 Way line ot First S cr." (. ~ 0 foot nno,p<:ncd righ! of way); thence run S '71 '24'05" E along ,.id North right of wry Un' for. distllIlC' 00015.35 'fo<:t '0 the 1'OlJ'IT OF BEGIl'll'UN Gi thc""C contin ue S 11 '24'05" E for a distutcC otS9.!. fcot; thcnec N 63' 35' 55" E. for · djs",uct of 21.:1. 1 ,octi thenee run N 18'35'S5" E for', d;s",""" of 3 0.00 feoti tbcnce N 26O:Z4' 05" W JOr . dirt,nco of:4lil fcot; Ihcn 001.'1 71 '~4' 05" W fo r" distance of 89.lZ feet; nienee S 63'35' 55" W fa r a d";",,ee of Z J.,1.1 ree" the.ce 5 ~8'35' 55" W. fo' . d;,tnnoO of 30.00 feo'; then co 5 Zo"24 '05" E to' C diotIoee ofZI.2liectto the 1>OINT OF BEGIl\'N)J'fG, ,,' , AND . . . . ., \ l? A:R.CE'L ~ I . . "" " That pni1 ot:Lot'~3 .u.d LoIZ? 13lo.lt "ll", DoR. M):!CI(ELL'S SURVEY O1''J:'lIE i.EVY: GIlAN'! ON '" u.;1PL JESSUP >s recorded In I'1.,l'l00k1, p"gc 5 oftho J.'nblio Re<9rd. of Seminole County, Florida, 1'1~\ .P.l- . I 1 d' 'bed l'. U .. .' ,~ rJo},t...'IHl.rtU:U ar: y C,5cn .213.0 o'WS: . . comlllene4 ",t ,he l'1ort1m'oSt .oroei of said Lot 26, Jllo<k "l':", D.R.l\1ITc.J:!El'..:VS SURVEY OF TB:E .. ~~ . .~.;~~J;J Wlntor 51'rlnca TI)'WI1 C:nlCl"/Ohimbclrn SCrll!ilDI~ COllnt)' . ~:'Jl.~ I, on - ....:... . .,~._.-. ~1,~ Exhibit A Page 10 of 38 Sublease No. 4337-01 . . ", ~EYY GRANT ON ~ JESSUP asrecordecl jII ~itr PubUc Records said point being .!l r~oycrcc1 3/4 incl,\ il'OlJ. pipe; thence .run S 180S8'Z8" W alo;ug 'tl1,c West line ofsai<< J:,..ot Z8 II dis~llcn of 77.0.17 feat; to the North J.Ught of.W~y 11M ofFlrst Street (:;1:?Q foot unopened :r~ght of Tr'ay), then~ run S 7~oZ4'05" E otlong s,aid North right I:1f "'iYilJ line for .n distlUlcc of 488.48 ~ce11o the :?OJNT Oli' BEGlNNING) ~hen~ccontinne is 1r:z.4IOS" E fora dist.l:L11.ce of476.87 recti th.Cllc~N 63Q35'5SlJ ~ for a ,dist>lncc of:21.'21 focti thence):li 18"3:';'55'1 :E for.a dist.u.nC1\ Qf30.00 feet? then.ce:N 25024'051' W for a di.st24~ce 00.1.02;1. fc<;tj then.ce N 71 ~4"0511 W for u disunce of 47tl.S7 feet; "then~ S 63"3515511 W:ior >l . d.i.stancB 01'1.1.2:1. fCQt; tl1CI1t:c S 180.3S'SS" W fCl'r a distance of30.00 fc-ct; thcn~ S 2QOZ4'05" JZ lor a dlsUmcc of21.21 feet to th~ :POINT O),i' BEGINNXNG. . ' . ' . AND . ., p~CE14 , '.clu~t pa rt QfJ,.ot 28 and Lot:2.9 BIoc1c. ":8") D.R. Ml'l'CEQi'...t.,):JS St.lR~y OF nm LEVY aBAN'l' ON LA1CE mSSup fJ..'}. rt:t;ordcd in .Flat Boole. 1,l'~go Sol:' tl1c Public: l~eoords of Seminole" Coun'tY~ Florid2l, more 'p<1rli.cw:ady' dcs.crih'ld ~s !o~lowri:' I GQmrncncc 41tthc Northwest c.or:ucr Of5f\id LotZ8, X>locl< "BIl) DJt MlrCE:ELL'S SURVEY OF TEE r..EVY CR.A.N1' ON LAKE .ts;SS11.P, i1s record cd in said :PubHc Records said point being A rccoycrcd 3/4 inch iran piJ:lcj thence run S iSQ581.2811 W along the West liD.c of .sa.id I.<>t28 2. distllDCC of 325.09 feet; tl1cncc.l~!lving said West line of.Lot;ZS run S 71 OZ4'O,Si' E for.D. distance of335.54 f~t to the .potNT O:FBEGINNIN'Gj tbence S lS~35'5SI1 W fora distnncc of:l.30.00 fecti theucc S 1.5~3t5$11 E for II. dIstllnce Qf8~.2G feet; thence S :l9007'SQ" E for a dis~nce of160.1;2 f~ctt -thence S11 o:2l1.I0511 E for a disUlDCCQt4SS.29 feet; thence N 18"35'55" E for:!1 distance of1375S feet; th~l1ccN 71 D24'05'1 W for a. disunca of.293,2.0 fod> thence N 00000'00" West for;l distance of200.02 feet; thence 'N SJ"S1122T' W for:a dist.l1ncc or 105.03 :feet> thence N 71oi4'05" W for a distance of 162.54 feel"; to the PO:atr OF :BEGJNml'{G. , '. T agether with '\ ~5 feer wide' wem.;nt for aooc;'. Mross th. following d escnh cd paree!: ' 'IlJat pm ofLot 28 and Lot 29 BlOck "13', :O.R. :M11'CHELL'S STJR %'1 OJ! TEE LBVY Gl.t!\l'rI ON LAKE JESSUP as reCorded in plat !look .. P "eO 5 of the p~blic :Records of S eminole County, , Florida, more particularly described as follow.: ' , Commence at tho Northwest comer' of said Lot 2'8, J3loek "13". n.R. MITCHELL'S SURVEY OF , -r:a:e ~'EVY Gl~ ON 'LAKE JESSUP as recorded in sa.i~ Public Records said point being a recovered 3/4 inch iron. pipe; tbencen?JlS 18gss~n W along thG- wesr.llne ofsald Lot 28 a distance . of 720.17 feet to the :North :Right oKW.y line of First Street (a 30 foot unopened right of WllY); thence iunS 71 o~'05.l 13 clo,n.,g said 'North rl.gbt of)ya.y line lor. a distanCG of 488.48 feet; thence run . . N26024'OSll,W U distance of8.35 feci; thenreIUI\ 'N: z9"39'33~ E; a distance of2;>.OO feet; thence 11:111 N 69013152P E;; distance cf20.00 feet; thence nm N 430Sl".2.9H E a distincc 006.82 fcd to to the. l'onn: OF llJ!:G:rNNXNG of ~ lS.QQ foot wi>!e strip of land lying 1.5 feet on each side oillie foU~Mpg des.eo'bed fu.e; .thence from said point rnn N 330 ll':'W :B . dist<U1ce of 31. 00 fectto the ': 'f.QIl'li~0F TERMINATION of said line. ');he side lineS. of Said 1; foo t strip of.land :uc 19 J .n&then or shorten to ihiers~t at'prop~ lines nnd to dose and boupd sold dcscn'bed lin~ as necessary. . . Winler S"pth10t T~-m CC<l~I"rn1x;tlj '~\J1D1Ci CO\ll\~ P~Ci~ "rJ 8SM~ 8y4>~ ,..~~~ ~ ----"'--.- ., ---- : ) --~.y-~~. ,j" Exhibit A Page 11 of 38 Sublease No. 4337-01 I i " I , I ' .hND PARCELS Thai ~rt o{Lot 28 Block l'll", D.R l\'Il:1'c;a;;LI.!S SUR:Vlly OF TEE Ll':'VY GRAm ol'l I..AlO\' , .msS'Ol'.. <oeordO<i iu:l'1;rt )300l<: 1, :puge S, of the :l'ubUo :ROooi-d, cfSOllllAOlo co..,tr. Flori.u.,being more particuln.rly a~BcribCil:Cl follows: . ;!~:~.., . :SQg;.l;I, at th.e .Northwest corner ()! :laid Lot :18, "Blocl, 11J311) D.R. MlTCHE;t.l..'S SURn),' OF TEE U:VY ~ ONLhKE S,ESS1J.l' .s <i>C9rdod ic -..idJiU oUo :ReCords. said'PO;"" being,' ,,<overed " 3/4 inch iron pIpe; -thence r~n S :ISOSSI~SIl W :dong the West line of said Lot 23 a..Q.istance of2.65.09 . . feet; thence ~cnYing ~nid West li2l.0 o1'LQt~ run S 710'-4'05" 'E:L for di5bnce 01:275:1.5 f~c:tj thcnc:a;N 1803S':>S" E for II distanco of265.13 feet ~o tho South Right of.WSJ.y Hno ofSccono. Strellt (~30.00 f001 right ofw,y); thence N 71'24'38" W .long said South Righ' o{W oy 1100 (0 r 0 dis",neB ofZ'T.l.41 (cet ~ 'the POlNT OF JJEGINNING. . .., . , '.11" ~ "~\r.":l ..,. \- ~"IJ" . " . ". WinlQ' $Pnni:S 'l"awn Canl~rll3lumw~ 1:__1...1.0 '::-"1 . ~3o(J . . , ~{f;l~'~ . . .A.JO'i i!1~~ \", :.:- .1.1 Exhibit. A Page 12 of 38 Sublease No. 4337~Ol , '. "Exhibit B" SAL3 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT OVIEDO SPRING HAMMOCK - WINTER SPRINGS TOWN CENTER (5.92 ACRES) Lease NUmber 4337 This lease is made and entered into this 3l$.t -. day of ~ 20.f)l, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to ao "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 ~o certain lands and property being utilized by the State of Florida for public purposes, and WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL II>IPROVEMENT 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 lands by State agencies which may properly use and possess tham for the benefit of the people of the State.of Florida; NOW, THEREFORE, for and in .consideration of the mutual covenants and agreaments hereinafter contained, LESSOR leases the below described premises to LESSEE subject to the following. ter.rns and conditions: .'. 1~ DELEGATIONS OF AUTHORITY: LESSOR'S 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. situat~d in the County of Seminole, State of Florida and is more particularly described in Exhibit "A" 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 ~{)d 3 /1 :;JJ(J / and ending on ~gO;.:($/ unless sooner terminated pursuant to the provisions of this lease. ,- \~~i 4. PURPOSE: LESSEE shall manage the leased premises only for the conservation and protection of natural and historical resources and resource based vu~lic outdoor recreation which is compatible with the conservation Exhibit B Page 18 of 38 Sublease No. 4337-0'. 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, throv,gh 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 approval 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 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 INSPECTION: LESSOR or its duly authorized agents. shall have the right at any and all t~es to inspect the leased premises and the works '.",.. ,j" 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 REQUXREMENTS: LESSEE shall procure and maintain fire and ~xtended risk insurance coverage, in accordance 'iith 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 ~rust 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 imffiediate no~ification in writing of any erection or removal of structures or other improvements on the leased premises and any changes affecti~g 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 BPulevard, ~allahassee, Florida 32399-3000. 10. LrABILI~Y: 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 deemed appropriate to remedy such damage or claims. 11. ARCHAEOLOGICAL AND RIS~ORIC SI~ES: Execution of this lease in no way affects any of the parties' Obligations pursuant to Chapter 267, Florida Statutes. ~he collection of ar.tifacts or the disturbance of archaeological and h~storic sites on state-owned lands is prohibited unless prior authorization has' been obtained from the Department of State, Division of Historical .R~sourcos. ~he 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 ea~ements 'are expressly 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, with~ut the prior written approval Page 3 of 21 Lease No. 4337 Exhibit B .Page 20 of 38 Sublease No. 4337-01 'i ,j 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 .~ ~"'. ;., 'e.:.. 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.parcols when necessary for immediate agency management and will provide a boundary survey of the entire acquisition project at the conclusion of allacq~uisition within the project boundary. Provided, however, the LESSEE may request individual parc~l boundary surveys, if necessary, prior to the conclusion of acquisition activities within the.proje~t boundaries. c. Unless otherwi~e agreed to by LESSEE, LESSOR shall at its sole cost and e~ense, make a diligent effort to resolve all issues pertaining to 03,.11 title defects,. survey matters or enviromnental contamination a~sociated with the leased premises, including but not limdted to trash and debris, which were either known or should have been reasonably known by LESSOR at the time LE~pORS acquir~d the leased premises. Notwithstanding the foregoing, LESSOR will not be ~Gsponsible 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 cont~nation associated with the leased premises which were not known or could not have been reasonably known by LESSOR at the time LESSOR acquirod the leased premises, LESSOR .~..., ~nd LESSEE agree to cooperate in developing an appropriate strategy for jointly resolving these matters. LESSOR E'age 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 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 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, Tallahassee, .Florida 32399-3000, at least s~x months prior to the release of all or any part of the leased premises. Noti~ication 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 ~he same formality as this lease. Upon release of all or any part of the leased premises or upon expiration 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. The decision to retain any improvements upon termination of this lease shall pe 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 sha~~ perfor.m 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 ..~~ ~ the prescribed conditions. Page .5 of 21 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, whi~h 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 ar.thropod control district or districts within one year of the effective ~~te 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 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 responsibJ.e.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 utilid~s turned off when the leased premises are surrendered. 19. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior ~~itten 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 affect. 20. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structure s, 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 'iill remain the property of LESSEE and may be removed by LESSEE upon ter.rnination 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. . ,j " l~ted to, lteeping 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 !'\;;:~. leasei provided, however, that any removal, closure, etc., of the above improvements shall be accept~le when the pr.oposed 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: Should LESSEE breach any..of the covenants, ter.ms, or conditions of this lease, LESSOR shall g.ive written notice to LESSEE to. remedy such breach within sixty days of such notice. In the event .LESSEE fails to re~medy 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 damagos 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 WArvER OF BREACH: The failure of LESSOR to insist in any. one or more instances upon strict performance of anyone or more of the covenants, ter.ms and conditions of this lease shall not be construed as a waiver of such covenan~s, ter.ms 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 \~aiver 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 against.... lfl1 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 deamed 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 ;t.~;.-:' .., 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 premisos or any adjacent lands or waters in any manner not peDnitted 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 EP.A 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. "pollutants" and up9llution" 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 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, remediation, 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 ,'lith all applicable. federal, ~.",'- \4'1 state or local statutes, laws, ordinances, codes, rules,. regulations, orders and."decrees, and to restore the damaged property to the condition existing Page a 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 th:i.s paragraph shall survive the termination or expiration of this lease. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by la~l 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 goverl~ental 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 improvarnents.thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman I s liens which may be hereafter la,,,fully 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 ~uch records at any reasonable time.. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR shoulo. LESSEE fail to allow.public access to all documents,. papers, " letters or other.matarials 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. 3L COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent up~~. ..;.... and subject to LESSEE obtaining all. applicablo 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 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 ~ntended 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, ~he fiscal year shall be the period extending from July 1 to June 30. .~ach annual payment thereafter shall be due and payable on July 1 of each subsequent year. r. \ .- ~ ~ Page 10 of 21 Lease No. 4337 Ex~ibit B Page 27 of 38 Sublease No.. 4337-01 IN WITNESS WHEro~OF, 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 . ~ !J)wA.~ w(jness ~ .. / dtA ((J, By: ~G. ..h~2nn (SEAL) . GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT 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 LlLJ~ 2011L, by Gloria C. Nelson, as Operations and Management consu~anager, Bureau of Public Land Adrnin~strat~on, D~v~s~on of State Lands, Florida Department of Environmental Protection, acting as agent on behalf of the Board of Trustees of the Internal Impro~ament Trust Fund of the State of Florida. Florida Print\Type Notary Name ....:;tfh"" CHERYL J. KlNG :~"i}\i;/'f;".. MY COMMISSION' CC 8S2921 ~)"~'~.1 EXPIRES: Novembar7. 2003 ";:'~'o" "~~~/ Donded ThN No\4ry Pull!i: UndGcwnlers -"1.11111 Commission NUmber: Commission Expires: Legality By: '. -;,.-. '\i .Page 11 of 21 Lease No. 4337 Exhibit B Page 28 of 38 Sublcnsc No. 4337-01 r L 1- Print/Type itness Ue /J.-;t/1JJu cB.A JvU- W~tTness ~ Ht.o..+-ho' ren.ce print/Type Witness Name ~''I;.\r;..~n:.*,-- Shannon Franklin g.r/;r;,' ':'1 MY COMf0ISS/ON I CC7HOO8 EXPIRES ~..~;it~ May 23 2002 "1,~Rr;:r.-~'" OONOEO THRV TROY F~ INS~ INC. \i\i I>age :1.2 of 2:1. Lease No. 4337 .Exhibit B Page 29 of 38 Sublease No. 4337-01 FLORIDA DEPARTMENT OF ENVIRONMENTAL I>ROT~ION, OFFICE OF GREENWAYS AND TRAIl, fl . .y~r\~ S nne 'P. W 1A<< Prin.t/TYPe Name A~~\ $+01\+ 01 recto'(. ',. :i:';!:".Y" Title: "LESSEE" a ~\blic, Stat 0 Florida ~ hl\)r--tf\ hCl\'\ l~\ J . Print/Type Notary Name Commission Nwnber: C-C-,1 \ YCOb commission Expires: rr\Cuj 2..5/ '2..C02- " ##;:"--. Q~'~U'~VU. ~~.6. This lnstnuncnc Prepared By lll1d Please Re1\lrn to: FrllnkE.Eondurant . Bondurant and F\1qUli, p..A. . P. O. Box 1508 Marianna, FL 32447 (l>SO) 526-2263 F.LA BAR. NO: On0330 Appr By' . . DE Attorney Date: . I~ / 8" ~ 0/ WARRANTY DEED (STA?:'UTORYFORM. SECTION 689.0;Z, F.S.) THIS lNDENrURE rn"d~ thisT~\Ja~y of Aprl1;ZOO 1, "between LEWIS BL UMBERO llnd wif~. JUANITA BLUMBERG. alk/a 1t1ANITA P. BLUM..SERO, Wl10S0 ad<il.'ess is 2130 E. St.ale: Road 434, WJntCt" Springs, F.L 32708. Grantor. and the BOARD O.FTRUS'I'EES OPTHE INTERNAL IMPROVEMEN1 TRUST FtJND OF THE 51' A TE OF FLORIDA, whose post office address is c/o Florid:! Department ofEDvil'onmcntal Protection. Division 0"[ Sl:<\tc L:\.tid~. 3900 Commonwc.11th Boulevard, Mail Station 215, Til.11ilha.ssc:e, Florida :32399-3000, Gruntcc, (Wherover \1$cd hr.rcin the tenns "Grantor" and "Grantee" ine)\ld~ alllhc parties to this ins1rumen I ;md their lc~al representatives, successors and. tlssigns. "Grantor" f1Dd "Grantee" ore used for singulN' and plural, us the cont;;~~i rClluircs <lnd tJle use of any gender shall include all genders.) WITNESSETH: That the ~:\1<i C~tmtor, for and in consideration of me SLlm ofTen Dollo.r:l (SI0.00) and ocher good snd valuaole ~onsidcrntions, to said Grantor in h4lnd pairj by uid Grilntcc, rhe receipt whcre:ofis hereby ;!eknowl~d~~d, has grantcd. barznincd and sold ty th~ -'aid Gr.antee, and Ornntcc1s .successors nnd asslgns foreyel') the following described land. sitUtltc, lying and bcine in Sc;minolc County, Flolida, lo-wit: SEE EXHlBIT "A" ATTACHED HERETO AND BY RE.FERENCE MADE A PART HEREOF. Prop'cI1)' Appraiser's Parcell D. Nos.:. 26-:Z0.30-5AR-0I300-0280 26-20-3 0-5AR.OBO 0-0290 GRANTOR HER:ETN RESERVES AN EASEMENT FOR lNGRESS AND EGRESS ONt Y OVER AND ACROSS THOSE J..ANl)S DESCRIBED IN EXHIBIT '')3" ATIACHED HERETO ANP MADE A PART HEREOF, THE T:CRM OF SAID EASEMENT SHALL BE FOR TWO YEARS FROMTHEPA'l'E OFTffiSINSTRUMENT OR UNTIL HICKORY OROVEPARKBOUJ.,)~VA.RD . IS CONSTRUCTED, WHICHEVER OCCURS FIRST. 'This conveyanco is subject to casements, rcstrietiol1s,limltntions nnd conditions of .record, jf MY now exist, but any such. interests that may have been terminated arc not hereby rc-imposcd. \ AND the said Gmntor docs h~:reby :fully WllrI:l11t the title to S:lid land, t\lld will defend th~ same against thc lilwful claims of:l1l p~rson$ whomsoever. IN WITNESS WHEREOF the Grant . h!I~rcunto set Grantor's hand (lnd seal the day lInd year fuse above written. J . S.:S? ~led and delivered 9., 19I1 Gri~s . )Oth,Ji{"cn.oo: 1, . ~ ~ . LE'\VIS BLUMBERG . cont~ itness) 14c, s c, t: &6m aJ l'rintcd Name of Second Witness '. IrA D. STATE OF FLORIDA CO~OF $o~P..... Th~ for'cgoing iasl:nlmcnt wa::. acknowledged before me this n day of Apri~ 2.001, by Lewis J3l\lntbcrg and Juwita Blumberu alkJa JU<lDlm D. Blumoerg, Such perSQn(s) (NotZU)' Public must chcck dpplicublc box): . . . . ~ ( .,V is personally known to nlC produced a current drivf:r's license d~ l.fJ.~~4{ o':J7j1:g{){",,;;, produced 'i:);", ~ hK~, ~ 13"t'-'. .' 6lS identification <.. . -Fe. Bl$SC -9f) .f?t71,;>:-(). - ~~~')s\v~M .ltQQd~P ~~b~C . l':O L ('7i II ~ \ P. (Printed, Typed or St~ped arne ofNQUl.i)' Public) Commission No.: crAa~~ My Commission Expires: M.c;u..Ch ~ ~ . .~....~ J ., ., \ I Exhibit' A I . I Page .p of 21 Lease No. 4337 Exhibit B . Page 30 of 38 Sublease,No. 4337-01 (NOTARY PUBLIC SEAL) , ~"'''' Ocborah I" GIlJ.cSpln . *~~; M'J COlMlWlOn~o ';~I' "'""t~s Marcil 21. 2004 .",ft: --r I .1 . -. .:~ -', .. . I , I . ..E:thibit "A!" pA1{C~:L 1.' Th;l.t part of'Lo~ 30 :Sloe]( "BII, D.R. 'MlTCFrR;t.J/S SURVEY OF T.lIE :L:EW GRANT ON:LA1CE JESSOP as recorded in PI:l.t ;s.ook 1, .Pl1~e 5.oftne Public ~.;:o:rdo of Seminole COO.tlty, ~Otid;l mqrc particulllrIy dcsc.r~bed as follows:. . '. ' Commence :1t the Northwest corner Qf:(,n)t 23 BloC!, !fE" D.R. MITcmLL'S SURVEY OF TE]i: LEvY GRANT ON LAKE JESSUP as l"0CotcI.;c1 in s.lud Public Rccords,521d PQ~7J1; bC~)Jg a r~'Vered , 3/4 inch ;.ron pip~j th~cc.t"Un S lsoS8'.2.SfI W :nloX1~ the West line of sa.icI Lot 2$ ~ distance of720.17 ". fect; to tho Nodh Right ofWn.y line otli'irst Streot (n.30 foot npo},Jcned right ofW:J.Y); thtncc run S 71"24'0$11 E ~ong 8t1id North right of wuy line "[or ~ di5~nc<l of 1154.47 [eetto tIlo POINT Oll B)!;GINNXNGj tTlcncc continue S 71 024!OS" E for a dist~XtC:c 01'40:2.61 fcet; !bene<! N ;Z9t>~o';l.8fl E for %l djstnnCQ Qf:25.21 recti thcucc:N 15043'32" Wior a oista.u~c of21.2l feet; thcDccN 6004,3'32" W for a di5t:1nco of95.S6 :f~etj thea(:c N '11 ez'l'05" W for J1 dismncc of301.47 [oct; thence S G:3Q3S'SS" W fQt.' Q. distance or:Zl.:z;l. feet; tJlcn~c S 18035'5511 W foX" :a dlst~ncc af3D.OO fed: thence S Z642cL'{)5fT E for :a " distn.J:lce ofZl.21 fecti to the POINT OF BEGlNNIN'G. . . AND 'PAACELZ . ' That part of:Lot:Z9 ,t\nd Lot.3Q IUock liB II, D.R. MI'r.CB:ELL'S S~VEY Ol,"l.1i(lj:.):.;evy GRAN! ON LA.!{E mSS1J1> 2S recorded in Plnt Book A) :J:8.go 5 gfthc.Pc blic Records o:fSem.inole CO UDty, 'Florid~ more particularly dC$cribcd as fonQW~: .' '. Commence ~t t'ILe Northwest corner of l,QC 28 Bloclc fiE" :0,& MlTCHELVS SURVEi' 01<' r:tm .LEvY GR.ANT ON LAKE JESSUP as recorded In said. ]?i1bli~ Rceordsl 6aid point bci.ng:ll. recovered 3/4 il1Ch iron pipej thCIlce run'S 18058128" W slong the West UllQ of ~d ~t2S ~. distance of 720.11 filet to the North Ri~ht of Way line orl1~rst Street (n.30 foot ano{Xncd right ofvraY)j thence run S '71 024'0511 E alOllg :Jaid 2'(ort14 right of WJty lico for ~ distance Q;f 1015.35 feet to the POINT OF BEGINNING; fu<:D.cC tOCtiDUC S 71024105" E for a disCUl.ce of89.12 feet; th~Dcc N 5~D 35' 5511 E. for n distil,I1cC of21.,Z1 !M:1:j tb~llC\:ruD oN' 18035'55" ;g fot' a cii.sbI1ce of:30.00 feet; tl1Cllce N :26"24' 05 IT W .fur a dj~f$\II.~Q O{Al.21 ic.c't; t1.\CIlr:C N71 024105" W for a'distance ofBSl.121'eet; thenco S 6:3035'55" W for a d1.!t:.tIlcC 0.1'21.21 fec1:1 tbcll~ IS :1~o35'SS/l W for ~ dw~nr:o <:1.t'30,OO ieet; thCDCC.s 2Q":Z4'05t1 E f'OI' :a. dism.nco of 21.21 feet 'to the POINT OF.:BE'GINN,CNC. . . AND ., P .A.J1CEL ~. I .. . . ' Thlltpartof'Lot28:i.nd Lot29 Block "B".D.R.Ml'ICBELVS SURv.EY OF THE LEVi' GR.AN'tON L~ JESSUP ~ r.ecorded in Pl:lt ~ook'l, Page S Qftho Pttblie R~~rd~ of Seminole County, Florida1 ~~\ ...~,1.. t- T 1 d' O'l.cd ~ 11 .' ; nox-,^'l,ar H:U~:.lr y c:Jcn~ as.l.O om: , _ \II ",. . . . Comxn~nc~Atth~ Northwcst !;orncr' of said Lot 28: Blod~ 11)3"~ D.R. MIJ:CE:ELX,.'S SURVEY OF TIrE Wlnl41rSprln&A Tl7'ro1l CcnlCt/ar.Jmborll S'lUjill~l~ COllnt)' h~~ l,l1!j ...EW~IIOOO . By~~~- til4 .. Exhibit A Page 14 of 21 Lease No. 4337 Exhibit B Pa~e 31 of 38 Sublease No. 4337-0+ - .. --. ---- . ....... v",\VL..1 \A 1'.~':-J.r~iJ J" ax; o:;,v-lj~v-'.:IV\JJ. .. I .1 , I 11/,,1. J.V ",Vo.J.l. <4.v."""" ro. V'\I . i--EVY 'GRANT ON U..:ra: JESSuP as recorded hI s~id Public Records s.aid point being .!l r~oYcrccl 'J/4 inc~ ir.o~ pipe; th~nc(!ll'un S 18058'28" W alo:ag tb.e West line o!sai<< L<it Z8 tI dis~nca of 720.17 feat; to th~ North lliZl\t otWay line of .First Street (~30 .foot unopened l'~ght of way), thenCi: run S 7:{.oi4'OS'1 E ;lIong said North right {If w.a;y line for Sl distlUlce of 488.4& ~Ce1 to the :?OlNTO.F BEGlliNING; ~hc~~c continue S 71 024105" E for a distaD.ce of476.87 Iee1j t.b,Cllc~N 63~S'5S'1 Itfoi:' ~ . distanc41 of21.21 :foeti theuce N 1.8"3S'5S'T E for.a distance Qf30.0Q fect; thonce N 25024'05" W for.a di3t21Xlce of1.l.2X Xc<:t; then.ce N 71 o:l4'05" W for a distance of 47t;.S7 feet; thence S 63Q351S5'1 W for .It . distance of21.2:4 fCQti thcm:c S 1803S'SS" W for a distance of30.{)Q foot; thcnC43S 2Q~4'05" E for a dIstnp.cc of21.21 feet to the POINT 0)1 :B:EGINNXNG.' . . . . AND . P MeEt 4 'tlult part QfLot 28 and Lot 2.9 Block I ',E ", D.n.. MlTCs.tt.'s SURVEY OF T.E:tli t:E:VYGRANT ON LAKE JESSUP R!). rl::~ordcd in :Plat Boole I, :P.I\go S offIle Public Records of StminokCountyl Flo~'idll, mOre Pi1rticwAx"li dcscribi;d ~3 fo~loWlS:' , CQmmcncc~tthc Northwest coracr Of5~id L<>t28, XHock "B'f) D.R. MlTCE:ELL'S SURVEY OFT.E:E r..EVX' CR.A.N1' ON J...IA.I<:E JESStJ.P, ~ r~ord cd in said PubHc)lecord5 sai~ point being.3. .recovered 3/4 inch ironpipc; thence run S 18958'.2811 W Ol.long the West lin,c of said Lot 28 a distance of J25.0.9 feet; thence l~n.'Y'i;ng said West line of Lot 1.8 run S 71 OZ4'05" E for ~ distance of 335.54 f~t to the 1"OrN'T O:FBEGINNlN'G; thcnceS lQ93S'55,t W fora 4ist~ncc of;l.30.00 fectj theuce S 15OZ3r~" E for It distance of81.26 fecl; thence S 29007'5"0" E for a distance of160.1;2 [~ct; thence S 71 0:24'05/1 E for a distance Qr458.29 feet; thence N 18113S'SS" ~ for 11 distance of137.55 feet; thctlcc N 71024'05" W for a disuncl? of:L.9.3.20 KOi;;i,; thence N 00000'00" We~t for fl distance of200.02 feet; thenceX\' 8~":31 In" W for:a distance of 105.03 feet; thCllce N 71024'0511 W for a distJl.nce of 162;54 feet; to the POlliT OF DEGlN1"aNG. . Togctherwith ~;I,5 f~etwide'ct.l.semltntfor noo~~ ACross the fono'l"dng<iescrihcd pucel: 'l"Sh-u pm of Lot 28 nnd :Lot 29 BlOCk 11]3 H, D.:R..l0lTCfIELL'S SURVEY OF TIlE LEVY GkA'NT ON LAKE JESSUP as tctoroed in Plat Book l. Page:; 5 of the F~blic; Records of S crninole County, . Florid~ more parcicub.::1y described as follows: . Commence at the Northwest corner' of said Lot 1"8, J31o(':k "B ", D.R.l&TCHEJ...VS SURVEY OF . . nm "L'EVY GR..{;.1\IT ON LAKE .JESSUP as recorded in said Public Recorc4 said point being a fCcove.rcd 3/4 inch iron pIpe; tb..ence run S 180S8'23n W along the Wesr.line of said Lot 28 a distance of 720.17 feet'to the North Right QtWay line of First Street (2. 30 foot unopened right of-way); thence run S 71 o:2.4'05.~ E ollOn,g said :North ri.ght of way Hue for.ll. distan~ of 488.48 feet; thence run . . N26024'OS".W <l dis~1ncc of8.35 feet; thenceron N: z9"39'33P ~ a distance of2~.OO feet; thence ll:ln N 6~o13"S2D EadistL'.ncc of20.00 feet; thence nJ.n N 43051'29/1 E a distance of36.82 feet to to the. l'OINT OF :B~GINNJjXG of '!o l~.Oq foot wi9c strip of land lying 7.5 fce~ on each side onhe folI~wiog des.enced lir;l0; .thence. from said poInt ran N 33"<111 ~?\I E a. distance of31.00 f~ct to the .' p.QIN.!tc.i:iF 'T.ElUv.f.[N'kno:N' Qf:.;aiQ line. 'The side lines. of Satd 15 foot strip of.land arc; tplengthcn . or shorten to intf;rs~t .o.t':propcrt:Y lines and to close and boupd sald descn'bed lin~ as necessary. , . Winl" SprlaQ1 T'cl-mCcn!crID!llmi>';:'!i . :lQtll/lolc; CiO\lltt)' p~c~ or:! BSM~ 9;:.-.4;,~ Jdf.~.!~~~ r .-- 'A-;~' '1~i Exhibit A . Page 15 of' 21 '.Lease No. 4337 Exhibit B Page 32 of 38 Sublease No. .4337-01 . I:;' I .'. I . , -~.. . .............. ~j .... . ... . -...... . . . -.. .....- . ...... - - ('.... I i ' AND pAR.eEL 5 That pnrt of I&~ 28 .Block !'B" I D.R.. MI'I'CB::ELX/S SURYE)," OF 'I':e:E L:eW GRANT ON..~o; . mss'OF :lSI ~OCQ;rd~r~ in :Pl~t :6oo1c: X, :P~gc S, of tIle .!>llbUc :Ro<:Qrd~ QfSomS.t401c COtt1J,ty, :Flodd.a, .being more pa.rticuln.rl:' cr~llcribcd ::u ioUows~ . .. :SQg}.l;>. at the NortJ7.wcst cornol' (If said Lot 28, :Blod~ lIB") D.R.1'Y.UTC.FIE;r...VS SURV':I1:Y OF TE:E x..EVY GM.NT ON LAKE .:r.ESSlJA' ~~ .r~cordcd io s.:aidJ?uQl~c :Ri.;;;o.rds; sa1d'pOU1,f .b.:ing a rc~oYeA'ed 3/4 inch iron pipo, tlll;ncc r~n S 18058':4S" W :12ong the West lino of tlald Lot 28 a 9isf-Ance of26S.09 feet; thence ~cnving ~aid W~t IiM ofI..Qt;28 run S 71024'05'1 E .:l. f.Or oi6tance 0:f275.'].5 f,,:ctj thence. ,N 1803515511 E for n d~tnncc of265.13 fccttQ tht,) South .Right ofW,ny )~nc of Second Street (~3D.OO fOD~ dghtofw:tY)lthcn~<: N710;W3811 W :tlong said SoutllRightofW~),ylh;\o for u dist2.UCU ofZ13.41 feet to the POIN'!' OF I>EG:Jl'lNING. . . , .. . . ",~. \ "~~p. .., .:,~ .~. ~ } .. '. Winll:r $prln~ 'l'DWIl C4nrarolwnw\t 12_.1_1. ~"1 ~3o(3 e&M~' ~ .. . ..4'/0.0 ( . ~~--"','. . J -~. . . - ~{f Exhibit A Page 16 of 21 Lease N9. 4337 Exhibit B Page133 of 38 S~blease No. 433Z-01 I I .. B4/18/2ee1. 11:11 . . 8565265947 BOI'IDURANT AND FUQUA PAGE 1111S EXHIBIT 11;8". . Sheet 1 See Sketch ofDescripo'OIl: . Included as Att:whmcnt nAil; EASEMENT 1 IS' ACCESS EASE:ME~T OVEE LANDS TO BE AC;QUIRED BY.FLA... D.E.P. That part of Lot 28 ~d Lot 29 Block "BII, D.R. MITGHELL'S SUR \lEY OF TEE LEyY GRANT ON LAKE JESSUP S$ J;c<;ordcd in Plat Book 11 Page 5 of the Public Records of Seminole County, . Florida, mor~ particularly described lIS.follows: . . Co~encC at the Northwest comer of said Lot 28, Block "B'\ D.R. M:J:TCBELVS SURVEY OF THE LEVY GRANT ON LAKE JESSUP as recorded in said Public Records said point being a recovered 3/4 inch iron pipe; thence run S 18 D 58'28" W vJong the West line of said Lot 28 a distanCe . of 720.17.feet to the North Right of Way line ofFu'st Street (a 30 foot unopened right afway); thence run S 71 o24'05":E a!qDB said North right of way line for a distance of488.48 feet; thence run N26024'osn Wa distance of8.35 feet to the FOIN'T OE'EEGll'mING ofa 15.00 foot wide strip ofl~d lying 7.5 feet on each side' of the following des.::r.ibcd line; from said point run N 89039'331f E a distance of25.00fccl; thence runN 69013'52" E II distancc of20.00 feet.; theIl~ run N 43 051'29" E.a distance of.36.82 feet to th~ point ofTor.mination. of said line. The side lines. of said 15 foot strip of land arc to lengthen or shorten to intersect at property lines and to close and bound said described line ~ necessary. . " . ContniDing 0.028 acres more or less. Prepared by: Thi:l dcsctiption and the accompmyiL1g :lketch or sl':dcOO has bCcn prepared in accordo.u~, witil the Standard.s s<< forth in Chapter OW17, F.A.~., purSUllIlt 10 ~ 177llIld 472, F1oci& StlltutCS:Un1~3 it 'OcaI'S the signatl.lre nnd the origi.nn.1 r~. icw.o'?f Ll. Florida liCC1l.scd surveyor and mapper this~dra::Mg.. skctc~, plat or rnnp is fot' in[oI;mntional p~-'onl.y.nruFis not VJ.ud. -,. adi~." ARTHUR W. TUCKBR,P.L.S, #4381 D~t.c; ;::Z -/(. - O/' . ,j .j Tink1cpnugh Sun'eying Services, In.c. . 379 W~:Mi.ohigD.1t Sltw~ Suite 10& Odnndo. Florida. 32806 (407) 42Z-09S7 ~Ol:~~&~ I . ,. ~~, . wJJ -?~~.2~)'!L:P1 Exhibit B Page 34 of 38 Sublease No. 4337-01' Exhibit A . ..Page .17 of 21 Lease No. ..4337 I ., i: en rl ...... N C, rl ~ W , (!;l t. <x: ~ n.. ti C1 -N- .~ I it~ r&{)~ ",($. :::J ~~~ G ~ t5!i .., :J lL.. &~~ l.f 0 k &!1i~ :z: <x: \jt;~ff"" ..- ~/!!~S& ~ ~ cr I ~!:i(jj :J 0 . ~~~#!S . :z: .0 .~ CI:l ~ ~ tIl'1;lf:%1 C tll >: cr' ()Q ::r . ..... (t) ..... C'D cr' tllw..... c/) \.n rt C'D o bj !Zt-t> o . W CO ~ W W --..J I <:) ...... 1 ~f ~I N II) ro II) CD .--I .--I .. .--I rl rl ro ro N ...... CD rl \ . ...... "<T. ro ~...- Po;' . (T~~ ~o':l9/ 8 . ~I<'-i'-fl'~o PO/AIr n' ~""-r~iW .by 75' t,..~ ~ r/fORl.y -1CQ--..ss ~GhtN~1 Ii'/?/ l:04.~ ' I'Q 4</,,- '"'c:J'.,f.<f;.'_ "t ..., <O";?~. ~ Os', S -8...3s' ?I' ~ . <-10s~ ~ ----- ~-.... ____ -/(Je.:;;;;:::' NUMBER BEAl?/NC U N B9:l9'.JJ" E" L2 /oJ 69-1:3'52" E l.J N 4.3'51'29" [ t.4 101 ')3''''2.8'' E l5 N 31 '.J9'Ol" E" 1..6 N ..39"07:22" f 1.7 - II .29'OJ'O~]" [ (8 N 50'.J.3'4-0" E" DRAmv BY; R. NIETO ~ I." o 'V ts ~ ~. p DISTANCE 25.00' 20.0D' 36.82' 31.QO' 60.00' 90.00' 75.<JO' 45.()O' DATE: 2/15/01 SKET.CH OF DESCRIPTION.. NOT. A SURVEY.~.. . '\ ~Oo' ~.l""". f'lio ., -;:'Y l4\.". 'U k<o'Ieq '" NOn:s: I. THIS IS N07 A SVRVfY. 2. BEARiNGS SHOIVN HERCON ARc DrRIYCD FRC>>J A PREWOUs PROJECT i'REPA.!(to BY 7HIS FiRM FOR THE' nORIDA. DEPARnAEN7 OF PROTF:C no.\J; . PRO./f:CT NAMe: lAND ACOUIS1JON SURVEY/ APPRAISAL MAP . 'n1NTER SPRINGS 701m CffiTE:R CREmWA)S AND mAlLS PROJECT . D.f.P. omcr 16'1680 . MD AF?E BASED ON THE: NORTHEASTERLY RJ(;Hr OF WAY UNE: OF STATE: RO).[) 4-.H )'S PER fl0.'1lf)A DEPARmEHT OF TRANSPORTA no."l RiGHT OF W..\ 'f UAP SECTION 77070-:2516 BEiNG soum J"a~J"J6' EAST: f ~:/' .J. D <t1 ~ ()Sl...~, LB ~ i 4~ rV'- o. pafC~lttO al' TO BE 1'/(,{iJ L 7. 1.f.l10S . 15- ACCESS EASE/7T . LOT 28 BLOCK "8" mE LEVY (]RANT ON UKE: JF:SSUP D.R. WTCHEllS SUR~y OF PLAT BooX I. PACE: 5 . r-- ~ t'") N C'1 ~ ~ < 0 . o -~cOZ 'rI .-I .cQ) 'rI Q) tI) .c bO rd >: rd Q) --. . ~ P-f ,..:t HDuSc 0 LOT 29 BLOCK "8" mE LEVY CRANT ON LAKE: JESSUP D.R. WTCHE1.lS SURVEY OF ~ T BOOK I, PAGE: 5 ~. ~0j. li~ . ~~~. ~~ ~~ ORom NO.: TO/AS8 . SCAlE: .,"= 100' .:-f~ - -. -;-... \ -J~ Tinklepatigh ~ SURVE'l'lNG SERVICES. INC. 3)~ VI. I.(;<:-'I.gon SlNe\, sun. 203 - Ortcndo. nondo ":2806 T<rh, No. (4cn) 4<:2-o.?57 Fu}{o. (.<(07) 0(:22-6il15 UCEHSZO lJUSlH<:s:s )10. sna FlLE:: SK #0986-82 . . I .j . t "'\~:',;...:.:) . 841.18/2881 11:11 8585265947 BONDURANT At-iD FUQUA PAGE 13/19 Sheet 1 See Sketch. of Description ;. Included as Attachment I'A" EASEMENT 3 . 15' ACCESS EASE:MENT OVER LANDS TO Bf..; ACQUIRED BY Fln. D.E.P. That part of Lot 28 and Lot 29 Block 11;1311) D.R. MITCI-IF..LL'S SUP"VEY OF TEE LEVY G.R.WT ON.LAKE JESSUP as recorded to. Plat .Book 1, Page 5 of the Pu.blic R~rds of Seniino~e County, Floridaj more particularly described as follows:. Commence at the Northwest corner of said 10128. Block "B", D.R, MITCHELL'S SURVEY OJ;' THE.LEVY'GRANT ON LAn JES~UP 'as recorded in said Public Records said point being a recovered 3/4 inch iron pipe; thence run S 18Q58'28l1 W along the \Vest Me of said Lot 28 a dlstnnce. of 720.17 feet to the North Right of Way line of First Street (a 30 foot\IDopcned right of way); thenCe run S 71 924'05" E along.said North right ofwflY Hne for ~ distance of 488.48 feet; thence run N 26024'OS' Wa distance of8.3S feet; thcncerunN 890:39'33" E a distance of25.00feet; thence run N 69Cli3152" E a distance of20.00 feet; thence run N 43 05129" E a distance of36.82 feet; thence ~ N33 011'2&" Ea distanCe of31.00 feet to to the POINT OF BEGINN1:NG of ~.15.00 foot wide strip oflnnd lying 7.5 feet on each side of the folloiVing described line; thence from said point run N 31039'07" E a distance of60.00 feet; thence run N 39007'22'1 B'll distance.of90.00 fe~t; thence run N29003'09/1 E a distM.ce of75.00 feet: thence runN' .soo3314{)~ E a distance of 45.00 feet to the point of Tennination of said line. The siddines of .said IS foot strip of land &~ to lengthen or shorten to intersect at property lines and to dose and bound said descriOO;) line us necessary, Containing 0.093 acres m.ore or less. , . !!ljs description and the ~mpo.n)'ing ~tch or skcu:hc.s Ms been :prepared in llCCO}:"~ willi the SUlJ:yJllxds s.ct.f9ri.h in Cba:plcr 61 G 17, F:.\. C., .FurmHlIlt to C1u1ptcrs 177 raxi 472, BcridA St<l~ unlc::s it ~ the signature and 1be origino.l r~ ~ o.f;a Flpcida licc.o!J.Od survq01" and mn:ppcr tltis cf.ni:wi.o.& sk~tcb, pwt or map is fur io.fOl'IIlJlli,oo.al ~ coly aod'is not valid.,..._ ~~ ARTIIDR W. TUCKER, P.L.S. 1/4381 Date: _:?- .../t.- 0 f Prepared by: Tinklcpaugh Survqing S<<vi~j Inc. 379 West Michignn Street Suite 208 Orlando, Ji'lorida 32805 (407) 422'()~S7 TO l-A53.~.,:. \. .~\:"I~ , I~ . ,,,.J:."I '{j APfi~ . ~.P$ oate_ 3,1'i!.!1! Exhibit B Page 36 of 38 Sublease No. 4337-01 Exhibit 'A Page 19 of 21 Lease No. 4337 . ~ . I ., ~ POt; OJ)-~ to eel ,(:0 (}<- J<.J/~ 4 IJ -'lY~ ~ PO/N,. ~~ 01- rs. 0;:- a. fNORlffli'~ ~~ t~NIN~ . . UNt" N 'Dotr :----.:......: <6"'.., --r~. ::::--... <-. OS" S '";:-. ~ 8.J"S' ;>/~'0 ~ ____ :s e~ . --:&0.:;;;;::' f? t""' Q' ~ ~~tx1 ~ X ZOQ ::r' a 0 CD 1-" <:> . 0" - '. _ .'. - N I-'- ____ . ....:.;. . , t,p.,o rt ~ ~,-' . l.. '4>0 :x> _____ ~.- ~ Y;lHl ~ ~~-~ ~ -;.j --... :.rc .' tl N ",,' . . "l I-' -~~ "- I ~ it~ f!~~ Ii l! "- ~rsl f<) ,,~iij & " 0:: 1...::\ I. fF"J~-Q.: ~ "V~ \j ~ tJ (} ....... 1-... ~.i!l ~ ;?:: ~ ~.t fi1 i$-~",,~~ rt'f~i~ Q~<t' ~ ~ 'J 1- 13 ~ "" ...., t; ~ ~ ---- m-::, en . ~. . . \'J\~ . I. ~ .~~.: , JI~UBER BEARING . 1.I N 89'.39'.3.3" E 'S$; l.2'. N 69'1.J'SZ" E ~ t.r N 4.3'5-1'29" E l{ N .lJ1 J'28" E. l.5 N :W;Jg'Or E l.S N .39'or22" E l.7 N 29'O.J'09" E l.B N 50:1)'40" E DISTANce: 25,00' 20.00' J6,82' JI,{}Cl 60.00' 90.00' 75.00' 45.00' DI?A.WN BY": fl, NTE TO . /)A TF: 2/15/01 SKETCH .OF DESCRrpTION NOT A SURVEY... . ,\~0t7' . ::::: r cw L(J .~I1'lc~ JI<<o 0./ NO rr:s: I. 7H1S rS NOT A SURYfY. - 2, S[ARINGS SHOW HEREON ARE DfRIVED fROM A PREWOUS PROJeCT PRfPARED 8Y 1HlS FIRM Fe>>? mE' n.ORJDA DEPARTMENT OF p.RorrcnON; PRO./ECT NAME: l.AND ACQUISTTON SURVEY! APPRAISAL MAP 1'tT.IJTER SPRINGS roWN CENTER . GHEeIl'lA't'S AND TRAILS PRD.JCCr D.E.P. OFFICE ['07580 ANf) ARE: BASfO ON THE NORTHEASTERLY RIGHT OF WAY LeNE OF STATE ROAD 414 AS PER FlORIDA DC.PARI?.irur OF TRANSPORTAnoN RIGHI OF I'IAY MAP SEcn()!.l 77070-25115 88NG soum J8'4.J'f&~ EAST, ~~ ;::: ~<.~ J/ LOT 28 BLOCK "au THE LE\'Y G,Y..NT Of.! l;l.Kf: JESSUP PLAT B{JO~ r, PAGE 5 ~ 't POiNT OF TERMINATION EASEME:NT 3 HOUS~ '0 LOT 29 BLOCK "B" THE: lEVY GRANT ON LAKE JESSUP EASEMENT '1 15' ACCESS EASEMENT D.WER N(}.: 101A58' SCALf: J"== 100' Tinklepaugh ! SURVEYlNG: SERVICES. !He.. J19 w, Wc:ll;~Cll' ~l. s",itc 205-. Oafondc>. f106tS"o 32805 . 7.t~_ 1<0, (4-07) U~-Og~7' nu. ria. (401') .(~-MI5 . UC~"SEJ> e us nn;s:r I{o.. :rrro FILE": SX il?986::B2 'csj .s>- . '- ..... OJ '- ~ m m J-> \, . - -- .. - . ,'. .' J-> J-> I-' I-' co U1 m Ul ~ en U1 lD .t>. -.-J tI3 Q .... . t:l C :;u ~ -l )> :z: t:l ~ fU .c )> lJ )> G) ITl .... A ...... ..... lD ':. ....,;.:_- ~ o I I' (") (") . ..;:t co (") . o ~z l'Q 0 Q.I ~I'Ul ....C'"'I11J .a Q.I ....Q.lr-l .c: 00.0 X I1J ::l ~ P< en. ... ... C/) t;j tz1 t4 ~ t>1 . .CQ3X (llQ3X 0' OQ ~ Q3 OQ ::r I-' (ll.... en (ll .... III 0'1ll t7' Q3 VJ....~~ N.... en CX>rt Z I-' n (ll 0- .Ob:l . 0 > ZHl t-h o ~ . VJ WN CX> VJ I-' ~ -..J W W . "'ooJ I .0. I-' ., - ~'X~ ~~~ x..;x~ ' - ><~ '>< ;><; ~;:;?<x~ ><'x~>< ><;X'v''''''~'><. ..,.,-~ :. ><>< 'X><x.~~~".>II-....,- - >< .~ >< ""':>< ~ 'X0 X:J/ ., . . s: ~~,~~" ~ ~ >1/ 'dt~ .'.'f. ~..,. .B:: ~~, :-..::~ " l'._ -' . s::::::::~, '~ . - . ~ .' - ~rJ .' ~ ~~ ~ JJ" 'X .2<><= f ~ ~:::: , ~ _><I X ~ . I ~ ~:-..: ~ ~ "/. ::,...>,'< ~~ ><:x o-=-l. ,:::...::::::: :-..:-- :-..: ~ ~ ,;:: ~ ">l ~ . 'J . liS:: :--i~~ x-~:>>< '">2~~~ 'J . I~ :-.. .;..... ~ .:Jo~ ~ r-!~/ ~~ ~~ ~~ ~ ~~ ,J /~.~~~ ~ '}I) . /&Ill&~ ~ ~ ~"" ~ ~l~r;. ~ ~~ H Fi-d fbf/l!!!JJi' - "~'~., ~ " , ar$~~ 7-m ~~~ill't~~ ~~~~ ~ '~~~~~~ 7 /1 ~~ TRAIL & CROSS ~~~~ IIIII U6 ~ y SEMINOLETRAlL "~~ ~ ~'\ ," ~"1~!f!illF' IN, ~ Leg<ndA " ~ ~\~'iJ i Q~ ~~~::::::,~~ ,L~, ~~~ ~ ~ ' ~ Cll]l'urcbulolt . ~~ ~~" <." ~ : ~~x~,. ~~ ~, ~ O~~~fQfn ' , ~cD~' ~~ ~, ~rn~' 7~ ~ ~ifZ- --.~/ ~ . ~ .\ // ( ~Pf'ifo:':'d" , , Lake Jessup rrrTI FolD'" OGT ACqDhlloo lLl.-LJ }>2 re< h it yiinter Springs ToWl! Center Acquis~tion Project ~ ~ G) ~. m () :I: :s:: m \: .' N 'w*,' s ... . .. IJ . taw. ~ Legend B ~ S<bi-!mJl..r o...Dtd ~ l'ropo>td}:xcbaolt~. ....... 5blo Olf..d .. l'ropoud }:xcb.Ol' -=- :tWtlolTn'U --=-= MaI.Stn.l o TrallH..d . _. l'ropoud TraD '/"" , \.~:~" ;',~ . . A4/18/26e1 11:11 . . 8565265947 BONDURANT AND FUQUA PAGE 11/19 EXHIBIT liB". I ", . '. Sheet 1 See Sketch ofDescripo,on Included as At~hrnent nAil. I 1 1 ! . '. [ i " ., EASEMENT 1 15' ACCESS EASEMENT OVER LANDS TO DE Ac;QUIRED :BY FLA. D.E.P. That part of Lot 28 and Lot 29 Block liB III D.R. MITCHELL'S SURVEY OF TIrE LE'VY GRANT ON LAKE JESSUP !l.$ J;'cCordcd in Plat Book l~ Pag~ 5 of the Public Records of Seminole County, Florida, more particularly described as,follows: . Conu:p.ence at the Northwest comer of said Lot 28, Block lIB'\ D.R.1v.UTCHELVS SURVEY OF THE LEVY GRAN'X' ON LAKE JESSUP as recorded in Said Public :R,.eoord$ said point being a . recovered 3/4 inch iron pipc; thencc run S 18 c 581;28" W clang th~ West line of said Lot 2.8 a distanCe. of 720.17 feet to the North Right of Way line ofFir61 Street (a 30 foot unopened right afmy); thence run S 71 o241051\E alQDg said North right of way line for a distance of 488.48 fcct~ thence run :N' 2602410511 W 11 distance of8.35 feet to the rOIN''! OF BEGINNING ofa15.DO foot wide strip of laI1.d lying 7..5 feet on each side' of the following described line; from said point run N 89039133" E a disUlIlce of25.00fcct; thence runN Q9"13'5211 Ell distance of20.00 feet.; theD.Ce run N 43 051'2911 E.a distance of36.82 feet to thl} point ofTcr.mination of said line. The sloe lines. of Sllid 15 foot strip ofland are to lengthen Qr shortC.t1 to intersect at property lines an,d to close and bound said described line 2r$ .o.ecessary.: . Containing 0.02B acres more or less. .j.j TOl-~8.'IU , ''''4,("'11 . ," . . #- This dcsccip tion and the uccom pwyin~ :lkctcb. or :1kctchcs has been prepared in accordD.u~.. with the Stand.nrd.s set forth in Chapter 61 G 17 . F.A. c.:;'1 pursuunt 1l:l Chapten 177ltIld 472, F1cridA StAtutes: Unli?Ss it 'oears . the signs.tun?; nnd the originn1 rlliscd--:ic~..?f II Florida Ji~ surveyor and mapper this~d.ray.'ing:.. slcctcl,1., pint <X IDllp is fOt' infoantltioMl :pu;:poXi'only,nnd~ not v.Jud. ~4It~:':' > ARnroR W. TUCKER, P.L,S. #4381 . D~tc; :z -1(, - O( Prepared by: Ticldr.;po.ugh Surveying ScIviCllS, In.c. . 379 Wcs:o. :t0J.Chigfll\ Strcc~ Suite 20a O.d/lDdo, Florida :32806 (407) 422~957 SfiM ~. . . wJi-?~~~~1 Exhibit A Page 13 of 38 Sublease No. 4337-01 " Ul>-dt>1 C su x 'U'OQ ~ ....~p. ,~ U' su ..... p. '00 ~ rt ~ o :x> !Zt-n .0 . w ex> ~ w vY .....s 1 o ..... . . ... m- .-i '- N .-i ~ ( rt !1 ti' ,., <l: ::J Ql ::J lL. Cl ~ .- ~ ~ ::J CI .Z .0' D:! , \. . c g SKET9H OF DESCR1PTION NOT'A SURVEY<.. r--- "<T (II lO \D N lO (Q lO CD NOTE:S: 1. THIS IS NOT A sURVEY. 2. BE:ARINGS SHOi'r1'/ HERWN )'R~ DERIVCD FROU A PREVIOUS ,PROJECT P~EPARED BY 7HIS FIRM FOR TH~ FLORIDA. DEPARTUEN1 OF PROTECflON; PROJECT NAJJE: lAND ACQUISTlON SURVf:.Yj .APPRA1SJ.l MAP . n1NIER SPRINGS 10vm crnTm GREf:NWA'fS AND mAllS PROJECT . D.r.p. Ot-71CE lfB7680 . NID ARE BASED ON THE: tlO.'lIrJEASTERl"'t RIGHT OF WAY UNE OF STATE: ROA[j 4-.'H N.i PER FlD.'~1DA DEPARmENT OF TRANSPDRTA no."I R/CliT OF WAY MAP SECllON 77070-2516 BEiNG soum .3"8'4.3:16- EASt. ..~- ~ iJ~ ~~k ~VC5 ~&g ~'O:R: "'> (f!f~ 13 ~ e!1tCf (j~t<Jtf.... ~f#~~g cr t ~!:il{j .t{~~~s. Q,: "'" .to.lto' J;;;'",. 4y L.B'O ., ~4"'l.$<,c k<o Ctt . lOT 28 BLOCK "B" mE LEVY (JRANT ON LAKE: Jf:SSUP D,R. WTCHELlS SURVEY OF PLAT BOOK I. PAGE 5 . ~ () ...., ts ~ ~ p HOOS:.O ~ ------- l.A1._ Por, . Q-1?-~"0 rf.();/ () . Jw"Il:/iACD-"", POINt . SP.;>4'~ by 7s' O~ lJ, rNOR~ -1~.ss :t'GhVNuv. , I?/w ~..yc- E:4SD"(E:/,,,f ~ <(j<~, ::---". Os" s~_~ .8..3S'. .7;, ~ <-<los~ ~ __ E;--"" _____ "00. ~ ~ l,,~s A L5 . . /tJ ~ o/"ce>,/ -f~ 4- Ir. .' ~06'y~ ~Q: .o.t:~ I>OJNr 0- s- LOT 29 BLOCK "8" THE LEVY CRANT ON LAKE JESSUP D.R. WTCHEtlS SURVEyor ~T BOOK I. PAGE: 5 ~. ~;:jj ,a~1 2i \(), . ~ ..~s. ~ & - -- ,'" \ NUMBER BEARING 1I N 89:.19'.JJ" ~ . 12 N 69'1.3"52" E l.J N 43'51'29" E L4 U ..13'II'2B" E 1.5 N .31~9'Or E:. l.B 11 ..J9U7'22" E l7 ' ff 29'0.3'09" E 1.8 N ,.5()'.J3'4-()" E .-l .-l DISTANCE. 25.00' 20.00' .J6.82' JUJO' 60.00' 90.00' 75..00' 45.0()' ,. r! .-l ~ . Tinklepaugh '" 'l . SURVD1t{G SffiYlCES. INC, . 31 ~ \'I. ~;""";gon Su..ol. 50,1.. 20S - Ot\ctldo, non~a , 32S06 T.lt, ti". (401) ~~-M~7 la.x }(o. (~at) ~22-6iH5 UCE!i:lZU tnlSNi:S3 Jlo. ::l716 r! (Q es:> C'l '- ro .-l '- "<:r. es:> OA TE: 2//5/01 D.'?Amv BY: R. MEW ORDER NO.: TOIA58 !u= IQQ' SCAlE: ALE: SX #6986-82 I .j .' I .. 841.18/2881 11: 11 85e5265947 BONDURANT AND FUQUA PAGE 13/19 Sheet 1 ' See Sketoh of Description Included as Attachment nAil EAsEMENT 3 . 151 ACCESS EASE1\1ENT OVER LANDS . TO:Bf.,; ACQUIRED:.BY Fla.lJ.E.P. ~t part of Lot 28 nnd Lot 29 Block 11;8(1) D.R MITCHELL'S SURVEY OF 'mE LEVY GRANT ON LAKE JESSUP ns recorded i.n Plat Book 1, Page 5 oftb.e Public R~rds of Sen:iinole County, Florida, more particularly described as follows: Conunence at the Northwest corner of.suid Lot 28. Block "BIII D.R, -MITCHELVS SURVEY OJ;? THE LEVY'GRANT ON LAl(E JES~UP as recorded in said Public Records said point bcins a recovered 3/4 inch irOD. pipe; then.cc run S 18Q58':28H W along the West line of slid Lot 28 a distance. of 720.17 feet to the North Right of Way line of First Street (a 30 foot unopened. right of way); thence run S 71924'osn E along said North right of way line for ~ distance of 488.48 feet; thence run N 260~4'0511 W u distance of8.~S feet; thence runN 89039'33" E a d.istancc of25.00 feet; thence run N 691113'5211 E a distance of20.00 feet; thence run N 43 Q 51'2911 E a distance .of3~,82 feet; thence rw?-.N33 011'28" E a distance of31.00 feet to to the POINT OFBEGINNJNG of a 15.00 foot wide strip of land lying 7.5 feet on each side of the following'described line; then~ from said point run N 31 G39'07" E a disUince of60.00 feet; thence run N 39007122'1 E' u distance.of90:00 fe~t; thence run N2900310911 E a di~ce of75.00 feet; thence runN Soo3314{)~ E a distance of 45.00 feet to the point ofTerrnination of said lino. The sidc.lines of said lS foot strip of land are to lengthen or shorten to interse-ct at properly lines and to close and bound said descnooo line as necessary. Containing 0.093 acres morc or less. '~\1 :Prepnred by: Tinklepaugh surveying Sm1~, lDe, 379 West MichigllD Street Suite 208 Orlando. Florid1\ nS06 (407) 422-0957 TO l-A5;3\:?,:. ~ .4~"\~ . ,~ -'~' ;."" This description and \he accOIDP(U'l)'iDg ~tch or skcu:hcA Ms ~ ~rcpared. in ncco~ ~Ui tho StAndnrds set.(Qrth in Chapter 61011, F.::.\.C.,}l12r.$\UlIlt to ChapterS 177 IlDd 472, :l'].c;QdA Sw~ un1~ it 'oe;o.rs tho signature a.nd the originnl. r~ ~ Qtn .F1prida 1icc:nscd 6U1"'Y~01" and nwpper this ~ .$K,otcb. plat Ol"map is .furinf~~ oo1y and'is not vnlid. ~~~4~ ARTHUR W. TUCKER. P.L.S, il4381 Date;: 2.. .-ft.,. 0 r I . ~. AP?~ .' ~~V1.(~ oatej3.:J.~1 Exhibi~';;~' . Page 15 of 38 Sublease No. 4337-01 4M-._PQfj O~~- 70 eel.lCo Q<- kJ.-l:!c- -1 v ~'fY~ ~ POIN,. ~~GY '8. 0;:- e. f^VRlff ~ r1~ ;;~/N() . . UNe- '" 'Dtr ----=.Q::y <6:? . r Cr(/ ~ 4 OS'. s-:;-:~ 8..1S' ;'I<~ '1 OS. ~ ___ e- J __~ --.:e8.1d ;-- ~ "- T ~ ~~ f;! ~:s ~f!s~ fff~ & '- lr~~~ .N- OJ ~ '-J~ ~&...... .1-.... 6", k ...". ,.., ~~~ ~ ~~~4r!i5 ~~ ..... t(:i;~!;?~ , ~<<t' ~ ~ 'V ~ ~ " t; (<J ~ ----- --- ~f. !i, \~ I NUU8ER BE:J..RlNG ~ 1I N 89'39'3.3" E SS: . l2' N 69'1.3'52" E ~ tJ N 4,3'51'29" E l~ N.J.31I'2B" E L5 N JJ:J9'07" E LS N 39'0 r22" E l7 N 29'OJ'09" E L8 N 5O:JJ'~D" E DISTANCE. 25,00' 20.00' 36.82' :J~,<JO' 60.00' 90.00' 75.00' ';5.00' DRAW BY: fl: mEto DATE: 2/~5/01 SKETCH .OF DESCRIPTION NOT A SURVEY .... . ' ,\:Q~. POl FHo'LV, Otr if] 1'~~.l&yc JQ<C1 Olt NO TES: r. 7HIS IS NOT A SURVEY. 2. SE'ARmes SHOWl/ HEREON AR( DERIVED FRO.'J A PREVIOUS PROJECT PREPARED BY 7HlS fJRI./ fOR THr Fl.<JRJDA DEPAR1MENT OF p.ROrrCnON; PROJECT NAME: lAND ACQlJlSUDN SURVCY/ APPRAISAL /.lAP mN7ER SPRINGS row cc:urm . GREE/lI'IAYS AND mAILS Pil~CT .' D.E.P. OFFICE f075()O' ., . .ANO ARE: 8ASED oil THE NOR7HEASTERLY RiGHT OF WAY LINE or STATe. ROAD 4J4- AS PER flORIDA DEPNHMEUr OF TRANSPORTATlO11 RIGHT OF l'fAY MAP SEcnON 77070-25IS 8EING scum J8'4J'fS'" EAST. LOT 28 BLOCK "B" mE LEVY GRANT ON lAKE JESSU? ~:/ . ~P; ~/ ;; HOUS!: . 0 lOT 29 BLOCK "B" mE: l.EVY GRANT ON lAKE JESSUP DR. UlTCHWS SURVCY OF EASEMENT '1 15' ACCESS EASEMENT Tinklepaugh ~ SURVEYING SERVICES" !He. J7'9 w: Wcll;~" ~t, Su~e 20~. Orlondo-. f1oMo ::52605 7.1t. ){o, <'07) ~~-O;~7 .lu. tio. (WT) .(~-091:S UCEJ,"SP 1!lJ;S~ Ka. :rrro ORDER ND-.: TOrA58'. SCALE:: 1"= 100' FILE:: SXj5986::'S2. CSJ ~ --- I-' CD --- ~ CSJ CSJ I-' I-' I-' I-' I-' ro Ul CS). Ul ~ U\ Ul \.0 .t>- -..J lJj o :z:. o c ;;0 ~ -I )> :z: ~ " C kl C )> -u )> G) P1 ..... .0- --- ..... \.0 .\ . \ \" ~ ....:_- .' - : r-l o I ...... C') C') -::t 00 (t) . o 'HZ < 0 ClJ U \0 lJ) ..-1 r-l td .0 ClJ -rlClJrl .c bO.o X td ;:3 ~ ~.U) tn'"dtz:l C Pl X cr' OQ :T I-' III 1-'- III 0' Pl~"'" (/l " rt III 2:g,:x> o . w (Xl .t"- v.> v.> " I C> ~ :g ~ \ G) ~_ \m ~ \ . ~ , 1 - --= -"" x..,;x ~ ~~ ><-xX ~~ ><x'><.xVv "'>< CK ~ ::t .' X:'Y:""'~":><~: X> '>< 'X -2<>< ~">:<>< --><>f) 'y.' .- . ~...... X 'V" '"1/ "> _~' ~ ~~S ')<; X"'><'~'-./I/ .....{{ - " ~~ ~ ~",,~l{ 1 . -' II \:~~~~~ ~:; V (\ ~~ V I~"""':::-.: 1:.'::~ ~ '"-=< . "X ~ U ~~::::~ ~~ ~,'~ . .?K ~~.. l~ :' -..:,< ...;: s:::-:: :--..........."": "': ~---r x ~ ">i 'U' . \';~.... ~ ~ ~ oJ: "X lj ~~ -....: ~~ ~ ~ ""7 '>< '><"1 ~- " ,,~_ /!;JJ::;~1fa $.,JfJl1j~ . - "'" ~ o~ ~ ,f!!!1121f:j f2"!; ,~ ~~' \oi~1 ~ r;;:j~F}!i-rn - EXlSTINGFLORIDA ~~) h !J7~rn---.J 7F7" . NATIONALSCENlC ~~~II Oo~ 'IS<<-~~[[]/ty'-: s=omm.. ~~, - ~~~~ Legend A .~ \ ~~~.~19' . ~~ ~,~ ~ lllwah<tt-SubJetl '~~~~ \ ~~~ , '\C'luutlool'arcch . -=((\ '~lltt, TtJ../fto(' N~~V K8J Crt]O"ocd 1 ,~1 ~ ~"0~ ~ ~ s ifj ~--X><^(' , ~ ;~~~:'::'~h'" ~ ~ )r~ ~~~~ ( \'O~ 0 ,~~ffJ ~ t1d~Q~ ~G __ 1/ ~~~- II ~v 7[3~ ~ - ~-/ ~~ ~ // ~ ~ Proposed ., Flyover Lake Jessup U GRit\\VX)~&K~lS Winter Springs Town Center Acquisition Project N W*E s a.J~. .. u . 1..,.... Legend B . ~ S<brtm.boro.."t<l ~.l'ropo~ Excbool' ..... Sbt. o,..".d .' l'ropo><<! Excb."l' -=- Exl>t1OlT";U -=-=-= MaloSln.l o T,.,.IlH..d . _ l'rol'oud Tr.U - \ II \\ . ~ ------ - ATTACHMENT B ATTACHMENT "B" TO APPLICATION FOR ACQU1SITION OF LANDS DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWA YS AND TRAILS WILLING MANAGEMENT CERTIFICATE FOR ACQUISITION OF LANDS OR W A-noR WAYS AS PART OF THE FLORIDA GREENW A YS AND ll~lLS SYSTEM TO: Office of Greenways and Trails Department of Environmental Protection Mail Station 795 Tallahassee, FL 32399-2400 RE: Winter Springs Town Center Project Name of Project 1126 East S.Re 434, Winter Springs, FL 32708 Address of Location of Project FROM: City of Winter Springs Name of Managing Entity Charles Carrington Name of Contact/Representative 1126 E. S.Re 434 Address -of Managing Entity Winter Springs, FL 32708 City, State and Zip Code ..J407) 327-1800 ext. 319 Telephone ~ 327-6695 Facsimile City of Winter Springs Name of Project Sponsor 1126 East SeRe 434 Address of Project Sponsor Winter Springs, FL 32708 City, State Gnd Zip Code of Project Sponsor ~ 327-1800 Telephone ~ 327-6695 Facsimile DEP Forlll /lOCT-J Effective (effective date of ruleJ \ \ The wldersigned representatives of the Managing Entity and Project Sponsor named above hereby ratify and confiml: (1) That the Managing Entity is willing to manage the Project should it be acquired by the Department of Environmental Protection as part of the Florida Grccnways and Trails System; (2) That improvements 0 are Xl are not (check one) located upon or within the Project site and that the Managing Entity is also willing to: A. Operate and rnaintain said improvements as a part of.its management of the project; or B. Disassemble, dispose or otherwise remove said improvements from the Project site prior to the commencement of Project operation (3) That management of the Project will be based on the proposed uses described in the Application for Acquisition of Lands submitted to the Office of Greenways and Trails; (4) That the Managing Entity will execute a lease, sublease or other management agreement in favor of the Board of Trustees of the Internal Improvement Trust Fund to establish the terms and conditions upon which the Project will be managed, and that a true and correct copy of the executed lease, sublease or management agreement will be provided to the Office of Greenways and Trails immediately following execution; (5) That the Managing Entity will be responsible for payment of an annual management administrative fee to said Board of Trustees as further detailed in the lease, sublease or management agreement referred to in paragraph (4) above; and (6) That the Managing Entity will develop, adopt and timely update an individual management plan for the Project in accordance with Sections 253.034 and 259.032, Florida Statutes, and as further detailed in the lease, sublease or management agreement referred to in Paragraph (4) above. The undersigned representatives of the Managing Entity and Project Sponsor named above hereby ratify and confinn: MANAGING ENTITY: PROJECT SPONSOR: City of Winter Springs (Printed Name of Managing Entity) BY:(~ LJ:lnc Print Name: Ronald W. McLemore Title: City Manager City of Winter Springs (Printed Name of Project Sponsor) y: L-. Print Name: Charles Carrin on, CP Title: Community Development Director DATE: February 25, 2000 DATE: February 25, 2000 DEP Form #OGT-3 EfTcctivc (cfTcctivc dlte of rulel.. -2- ~,.. - I Telephone 407327-0398 Fax: 407327-2355 e-mail: JuanitaBlu@aol.com Lewis and Juanita Blumberg Post Office Box 195430 Winter Springs, Florida 32719-5430 r~ ~ t!:: ~~ ~ V!~ ttJ,i ~ : . \J . (I 1 1fl~'1 ! ...~;j ; l..UtlL elT',.- OF WINTER Sr~R'NGS Con'm~nity Development April 29, 2002 Charles Carrington, Community Development Director City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708-2799 Reference: Sublease 4377-01 Dear Mr. Carrington: Our attorney has advised us to retain the fifteen (15) foot access easement granted to cross the property the State of Florida acquired from us. I apologize for any inconvenience this has caused you. Very truly yours, ~~ Juanita Blumberg (Mrs. Lewis) " . '. I . ~ ,