HomeMy WebLinkAbout2002 05 20 Regular E Sublease Agreement
COMMISSION AGENDA
ITEM E
Consent
Information
Public Hearin
Re ubr X
d-~
MaXJ1'. 2002
Meeting
MGR. /fJ-/ fDt
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.
.....t-
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 Greenways 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.
1
May 13, 2002
Regular Item E
Page 2
CONSIDERATIONS:
10 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.
o The State Department of Environmental Protection, Office of Greenways and Trails
acquired the 5.92 acre Blumberg tracts April 18, 2001.
10 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.
e 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.
e Staff referred the sublease agreement to the City Attorney for review and comment
'on March 21, 2002
o On April 24, 2002, the Office of Greenways and Trails advised that Mr. and Mrs.
Blumberg must request termination of the driveway easement.
e On May 1,2002, the City received notice that Mr. & Mrs. Blumberg wish to retain
the IS-foot access easement.
FINDINGS:
lD The term of the lease is 50 years.
e 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.
e Page 2(10) All structures /improvements require prior written approval by the
sublessor.
2
May 13, 2002
Regular Item E
Page 3
Cll 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.
\l) Page 5(24) City may be required to provide a phase 1 and 2 environment assessment.
(J) Page 7(38) City must pay annual administration fee in the amount of$300.
o Upon approval, the sublease will be signed by the Office of Greenways and Trails
and executed by the Florida Board of Trustees.
FISCAL IMPACT:
4) Annual administrative fee in the amount of $300 per year for the term of the lease.
Total $15,000.
cIj) City is responsible for liability and extended risk insurance which can be added to the
current extended risk liability insurance policy.
o City may be required to provide a Phase 1 and 2 environmental assessment. The
Phase 1 assessment would cost approximately $1300 to $1400.
STAFF RECOMMENDATION:
Staff recommends approval ofthe sublease for the 5.92-acre Blumberg parcel owned by
the Department of Environmental Protection/Office of Greenways and Trails.
ATTACHMENTS:
A Sublease Number 4337-01
B. Willing Management Certificate
C. Letter from Mr. & Mrs. Blumberg
COMMISSION ACTION:
3
ATTACHMENT A
OAS1
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
OFFICE OF GREENWAYS AND TRAILS
SUBLEASE AGREEMENT
WINTER SPRINGS TOWN CENTER
(5.92 acres)
Sublease Number 4337-01
THIS SUBLEASE AGREEMENT is entered into this
day of
20_____, by and between the STATE OF FLORIDA
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 terms and conditions:
1. ACKNOWLEDGMENTS: The parties acknowledge that title to the subleased
premises is held by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida ("TRUSTEES") and is currently managed by
SUBLESSOR as the WINTER SPRINGS TOWN CENTER under TRUSTEES' Lease Number 4337.
2. DESCRIPTION OF PREMISES: The property subject to this sublease agreement
is situated in the County of Seminole, State of Florida, and is 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 terminated pursuant to the
provisions of this sublease.
4. PURPOSE: SUBLESSEE shall manage the subleased premises only for the
conservation and protection of natural and historical resources and for
resource based public outdoor recreation which is compatible with the
conservation and protection of these public lands, as set forth in subsection
269.032(11), Florida Statutes, along with other related uses necessary for
the accomplishment of this purpose as designated in the Management Plan
required by paragraph 7 of this sublease.
5. CONFORMITY: This sublease shall conform to all terms 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 conformance with this sublease.
6. QUIET ENJOYMENT AND RIGHT OF USE: SUBLESSEE shall have the right of
ingress and egress to, from and upon the subleased premises for all purposes
necessary to full quiet enjoyment by said SUBLESSEE of the rights conveyed
herein.
Page 1 of 38
Sublease No. 4337-01
7. MANAGEMENT PLAN: SUBLESSEE shall prepare and submit a Management Plan for
the subleased premises in accordance with subsection 18-2.021(4), Florida
Administrative Code, within ten months of the effective date of this
sublease. The Management Plan shall be submitted to the TRUSTEES for
approval through SUBLESSOR and the Division of State Lands. The subleased
premises shall not be developed or physically altered in any way other than
what is necessary for security and maintenance of the subleased premises
without the prior written approval of the TRUSTEES and SUBLESSOR until the
Management Plan is approved. SUBLESSEE shall provide SUBLESSOR with an
opportunity to participate in all phases of preparing and developing the
Management Plan for the subleased premises. The Management Plan shall be
submitted to SUBLESSOR in draft for.m for review and comments within six
months of the effective date of this sublease. SUBLESSEE shall give
SUBLESSOR reasonable notice of the application for and receipt of any state,
federal, or local permits as well as any public hearings or meetings relating
to the development or use of the subleased premises. SUBLESSEE shall not
proceed with development of said subleased premises including, but not
limited to, funding, permit application, design or building contracts, until
the Management Plan required herein has been submitted and approved. Any
financial commitments made by SUBLESSEE which are not in compliance with the
ter.ms 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
times to inspect the subleased premises and the works and operations thereon
of SUBLESSEE in any matter pertaining to this sublease.
10. PLACEMENT AND REMOVAL OF EQUIPMENT: All buildings, structures,
improvements and signs shall be constructed at the expense of SUBLESSEE 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 ter.m 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 fram a financially responsible insurer
duly authorized to do business in the State of Florida.
The insurer must
possess a minimum current rating of B+ Class VIII in "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 claims.
13. PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSEE shall assume full
responsibility for and shall pay all liabilities that accrue to the subleased
premises or to the improvements thereon, including any and all drainage and
special assessments or taxes of every kind and all mechanic's or
materialman's liens which may be hereafter lawfully assessed and levied
against the subleased premises.
14. NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in anyone or
more instances upon strict performance of anyone or more of the covenants,
terms and conditions of this sublease shall not be construed as a waiver of
such covenants, terms and conditions, but the same shall continue in full
force and effect, and no waiver of SUBLESSOR of any of the provisions hereof
shall in any event be deemed to have been made unless the waiver is set forth
in writing, signed by SUBLESSOR.
15. TIME: 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 Section 253.04, 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:
Office of Greenways and Trails
Florida Department of Environmental Protection
3900 Commonwealth Blvd., M.S. 795
Tallahassee, Florida 32399-3000
SUBLESSEE:
The City of Winter Springs, Florida
1126 E State Road 434
Winter Springs, Florida 32708
22. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should SUBLESSEE breach any
of the covenants, terms, or conditions of this sublease, SUBLESSOR shall give
written notice to SUBLESSEE to remedy such breach within sixty days of such
notice. In the event SUBLESSEE fails to remedy the breach to the
satisfaction of SUBLESSOR within sixty days of receipt of written notice,
SUBLESSOR may either terminate this sublease and recover 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 fram 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 (l) 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
termdnation or expiration of this sublease, all improvements, including both
physical structures and modifications of the subleased premises, shall become
the property of the TRUSTEES and SUBLESSOR, unless SUBLESSOR gives written
notice to SUBLESSEE to remove any or all such improvements at the expense of
SUBLESSEE. The decision to retain any improvements upon termdnation of this
sublease shall be at SUBLESSOR'S sole discretion. Prior to surrender of all
or any part of the subleased premises a representative of SUBLESSOR shall perfor.m
an on-site inspection and the keys to any building on the subleased premises
shall be turned over to SUBLESSOR. If the subleased premises do not meet all
conditions as set forth in paragraphs 17 and 34 herein, SUBLESSEE shall, at its
expense, pay all costs necessary to meet the prescribed conditions.
26. BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best
Management Practices for all activities conducted under this sublease in
compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which
have been selected, developed, or approved by SUBLESSOR, SUBLESSEE or other
land managing agencies for the protection and enhancement of the subleased
premises.
27. SOVEREIGNTY SUBMERGED LANDS: This sublease does not authorize any use of
lands located waterward of the mean or ordinary high water line of any lake,
river, stream, creek, bay, estuary, or other water body or the waters or the
air space thereabove.
28. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
subleased premises is held by the TRUSTEES. SUBLESSEE shall not do or permdt
anything to be done which purports to create a lien or encumbrance of any
nature against the real property contained in the subleased premises including,
but not limited to, mortgages or construction liens against the subleased
premises or against any interest of the TRUSTEES and SUBLESSOR therein.
29. CONDITIONS AND COVENANTS: All of the provisions of this sublease shall be
deemed covenants running with the land included in the subleased premises,
and construed to be "conditions" as well as "covenants" as though the words
specifically expressing or imparting covenants and conditions were used in
each separate provision.
30. PARTIAL INVALIDITY: If any ter.m, covenant, condition or provision of this
sublease shall be ruled by a court of competent juriSdiction to be invalid,
void, or unenforceable, the remainder shall remain in full force and effect
and shall in no way be affected, impaired or invalidated.
31. ENTIRE UNDERSTANDING: This sublease sets forth the entire understanding
between the parties and shall only be amended with the prior written approval
of the TRUSTEES and SUBLESSOR.
32. EASEMENTS: All easements including, but not limited to, utility easements
are expressly prohibited without the prior written approval of the TRUSTEES
and SUBLESSOR. Any easement not approved in writing by the TRUSTEES and
SUBLESSOR shall be void and without legal effect.
Page 6 of 38
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 and other captions contained in
this sublease are for reference purposes only and are in no way intended to
describe, interpret, define or limit the scope, extent or intent of this
sublease or any provisions thereof.
39. ADMINISTRATIVE FEE: SUBLESSEE shall pay TRUSTEES an annual administrative
fee of $300. The initial annual administrative fee shall be payable within
thirty days from the date of execution of this sublease agreement and shall
be prorated based on the number of months or fraction thereof remaining in
the fiscal year of execution. For purposes of this sublease agreement, the
fisca1 year sha11 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
By:
Witness
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
By its
FLORIDA
By:
Witness
Print/Type Witness Name
Print/Type Name
Title:
Witness
(OFFICIAL SEAL)
Print/Type Witness Name
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 For.m and Legality
By:
DEP
Attorney
Page 9 of 38
Sublease No. 4337-01
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diston'O of95.56 fe'l; tMoo' N 71 '24'05" W for 0 ais""'eo of30M7 (..t; the.eo S 63'3S'S5" W fo r 0
dislao,' on1.., f..t; thenee S IS'3S'5S" W ior. distonoC of30.00 (col; thooce S 26'2.'05" E for 0
4i5tAnce cifZl.Zl feetj to fua poINT OF BEGJ1'{NIN'O.
.
hNP
J? ,A..:RCEL ').
That port ofX,0t29;>nd Lo' 3' :lllo 011:"11 " ,D:F..lIlITCJIJ!,LL'S STIRVJi."i OFTIm "Ji,Y)! G:RANT ON
LAlO1 JESSUP as reoorded in I'inl BoO).<.', I'.go S .flho;'o bUo Records ofS""inolo Counly, Florida,
IOore partiool.rlY do>oribea;lS rollow" '
. Conunonoo ., tho NorthWest coruer of Lot 28 Blod' "B" p,ll. lIlITcro;LL'S STIRVEY OJ!' t'f!E
"BY)! GRANt ON LAJ{E JESSUl' "" recorded in soi~ l'ublic Rccord$, trod point bclng a rcco.ered
3/4 ino. iroo pipe; tbenco ruo'S 18'SS '28" W olong tho W cst tin. of ..'\ia Lot 28 · di,lnOCC of 720.17
fuel to th.l'lert. Right otWoy U.. of First Sll'eet (030 foet nnop<ocd right of WilY); thence ruo S
11'24'05" E along s.id NoI'lI>. righ' o( '<i>Y li.e for 0 distl\n.. of 101S.:l5feo! to the pOINT OF
JlEGINNIN G; fueuoe continue S 71 'M '05" E forn dis=ee of 89.,2 ree'; thence N 63' oS' 55" ESor 0
di.s..ucc 0{21.;>" (oet; th<nee ruo N lS'35'5S" E for" ai,,,,,,OO of 3 0.00 foet; theu" N ~6'24'05" W Jl>r
. d;,I'"'' or:U.21 fOOl: thon'" N 71'24' 05" W io r a distance of 89.:12 (eel; thonee S 63'3S' 55" W fora
dist""ee ofAl.21 fee'; the.'" S ~S'35'55" Wfor. .;'''0'' of~O.OO loot; tho.n.. S 26'24'05" E for.
dislnn" of 21.1.1 feet to tho I'OINT OF )3iGl1\'NJJ'\'G. '
AND
'l'hot ~0U't of Lot 28 ':"'d Lot~9 Blool< "B" . p.:a.MJ:l;CRELL'S SURVEY OF'l'HE u;vY G~ ON "
~ JESSll1' "" roeorded in 1'lot :/10011:1, l'<lgc 5 ofth. I'ublie Record. of Semlnolo Conoly, :FIondo,
.' :it~~orlioul>rlY de..eribo:<!'" foliO"",,' '
. ' ...".. .
"
;' pARCEL ~
I
Commence ~t thO l'fortllwost eoruor ofsaid Lot 18, Jll<x:k "ll", D,ll.lIlITc;g:J';'!;r,,'$ sURVEY OF'l'lIB "
wlntQrSl'rln:;a'I'OWll C:n=/ohimbcull
SCllllnlll~ CO\ln~
h~; I, 013
.~~.l
'2i,i~rxw.::-'
-
---.- .
~i\~
Exhibit A
Page 10 of 38
Sublease No. 4337-01
. '
~EW GRANT ON ~ JESSUP as recorded ~I1 ~h! Public Records sa-lcl point being ~ r~overcd
3/4 inc~ il'op. pipe; thence ,rUl1 S 18058128" W nlo;ug 'tl1.C West line afsai\l ~t Z8 n dis~'Dce of 77.0.17
feat; to the North lUght arW~y line ofFlrst Street (::130 root unopened :r~ght oflVar), then~ run S
7f"t4'05" E illong s,ud North right of Tilr1line [or n distance of 488.4& iee-t to tile :?OINT QJ!
BEGINNlNGi t.he'l;\~c continue S 11 0.2.4'05" E for a dist.l1I1.ce of 47 5.81 rectj th.Cllce N 63~5'5S'1 ~ for a
. distance of21..'21 foeti thence N l.S03~'5S'T E for:a. clistllllcn Qf30.00 feet? thence N 26024'05" W for:a.
dist2l;cr.cc 00)..2;1. fe<;tj thencc N 71 OZ4'05" W for OJ. disunce of 47(1.87 fect; thence S 63"35'55'1 W for n
. d.i.sbncB or21.2:I. fe~t; t1J.<:l1CC S 18035'5,5" W fClt a distance of30.00 f~ti thcD.CC S 2QOZ4'Q5" E ror a
dlsJuncc of11.21 fcct to tlltI'OINT O"JIIlEGINNlNG. ' '
. .
. AND ,
pA,RCEL4
'tbat part afLot 28 nnd :Lot 19 Bloc\<. "B", D.:R..1i1J.'rOlllU1S SURVllY OJ! TIIE u;vY allAl"l'i' ON
:LAKE JESSTIP M ",cordod in I'Iat Bool< 1.1'~&e 5 of thc ].'uhli, Records of .s<mlnolc' Coun'l)'. Flolida,
mOre F<lrUCWAdy' dcscrih~d ~s 1'o~lOWlS;' I
COll1mence.t thc North wcst corner of .aid Lot 28, lllock "B", D.:ll. !l!llrCII:EliL'S SURVJ!;Y 01' TIIE
r.:EvY c;MNT ON LAl{E Jlo:SSUP. os r"ord cd in ,aid Public Reeordosaid point being a =ycrcd
3/4 inw iron pipc; thence run S j,z'58'2S" W aloog the Wost lj~e of 5Aidx.Ott8 a distnnee of.Z5.09
feet; thene. leaving ,aid West line of Lot Z8 rDn S 71'14'05" 'E for a distancc 003S.54 f04t to the
I' OlNT OF BEGlNNING; thence S 15'35'55" W fo r" qist.nce ofl30.0 0 fect; th<uce S 15'13 '5$ U E for
n dIstance of8l.2G feet; thence S 29007'50" E for AI. disunce 01160.1;2 f~ct; -thence S'Jlo:l4'05'1 E for a
disUlncc Q(45S.Z9 feet; thcnccN 18~35'S5" E forz. distance of137.5S feet; th~t1ccN71 024'0511 W for a.
d;sunc. of293.20 ,eet; thenee N 00'00 '00" WeH for a dj;;"nce of200.02 fctt; thcnee 1\ 8,'31'22" W
fora distance oil 05.03 fcot; thene. N 7i '24' 05" W for a distnnce of 162.54 feet: to the I' OINT OF
:BEGINl"UNG.
ToZttlltr with ~ ~5 feet wide' ..sem~nt for aO',",$ n.ross th t followin& dcs,rill td parcel:
That part ofL<>! 28 and Lot 29l31Ock "13', D.R. :MITCHELL'S WRVEY OJ! 1HEL:EVY G:RANI
ON LAKE msSD1' as rceotdtd in :Plat llook l. l' age 5 of the :P~blic ReCOrds of S eroinole County, ,
Florida, more particularly described as follow.:
I
Co=nce at tho Northwest comet' of said Lot :is, J3lock 'Il", n.R :M1TCHEJ::L'S SURVEY OJ.' .
'J:1lE j;EvY c.;R.(\J.'lT ON I.bl<E JESSUF as rtcordet! in said Public Records soid point biwg a
rOQOYllfet!3/4 inch iroa pipe; tben<:e run S l8' 58'23' W along the Weslline of said Lot 28 a distl1llce .
of 720.17 feet to the North lUgh! of Way line offirst Street (a 3Q foot \Ulopened right oimy);
thence lunS 71' :Z4'05~ E moilS said 11 orth right of way lindor, . distanec of 488.48 feet; \hence nll\ '
. N2601,4JOSII.VI il distancc of8.35 feci; tbencenmN: s$l"39'33Jl E; a distance ofZ5.00 feet; thence run
N 69 '13'52' E ~ disU>nce of20.00 feet; thence ntn N 43'S 1'29" E a distance 005.82 feet to to the-
1'0lNT OF IlJ):GINl'UNG of ~ 15.0~ foot wig' strip of land lying 1.5 feet On caW side ofllic
foU~wipg des,OIl'b,d Jil)e; thence from said point ron 11 33'11 '2." E . distance of31.00 f.et to the
.: J)QIl't'l:!dF TERMlNA.TIQN of said line. 1;hc side lines of Said 15 foot strip of.lind .... wlen,glhtn
or ;shorten tQ int~rst;Ct a.t'prcp~ line:! ~d to close and boupd scid dcscn"bed lin~ as necessary.
,
. Winter SprlllO~ T olWl> Ccn~I\lm1l<;:rli
, ;>>n\J\olw C;O\,tl\~
p~cZ "rJ
SSM~
6y~'2",",~~..}!
....0.....-._ ..__
I .,'
, \;
, j
-_..y--;:-
. .'
,j,j
Exhibit A
Page 11 of 38
Sublease No. 4337-01
I
i .-
I
I .
.AND
pAR.CEL 5
Th>;l p~rt or;!.ot 28 Block \'B". D.R-l\tITc.m;LL'S su;&v.EY OIl T1l:E UW GRANI' oN LAIOl
. ,mSS'(JI> .. rocordOd in 1'1~t 13001' 1, bge 5 .rthe Public Ro""i-d. ofSOlUlnolo eow;Il',l'lodd.&, being
more particularly a~8crilJcd:CI follows; .
llegio ot the North",,,,t <orner ohoid;!.ot 23, Blool, "11", D.R. MlTCFreLL'S SURv.E'lt OF TJIE
LEVY G~ ONLAIOl mSUl! .. r~od In "ud1!uolle:Rocord.. ..Id.po;"t being" ,..""vexcd
3/4 inch iroo pipe; th...... rJ!" S 15'58'28" W olong the W..t line or .old Lo' Z8 ".<ll.llu1ee ofZ6S.09 .
reet; thence lCllving .oid w.., 1m- or;!.ot;>.S run S 71'2.4 '05" E " ror d;.,taoee of27S.1S net; thenc.:N
18.3,',5" E ror n distaoee ofZGS.i3 r..t to tho South Right orw oy line of Second S'r..t (It 3U.U U foo'
ri&ht ofwoy); thence N 71'24'38" W oloog said Sooth Righ' ofWoy l\no for 0 d;,,,,lle. ofZ1.3,41 r,d i.o
'the POlNl' OF DEGINNING. . .
, '
" ~
'.
. '~
.~~.
..; \l. .~';J~ .
., . I'
Winl'" $Ptinj;S Tawn c;nnrcrll3lumbe1Lt
~en.t,...w ~'11
~3o(J
!"'o~I\~'~
i("~~r. A l..l
~~~~
. ,
-:.:....
\1"1
Exhibit A
Page 12 of 38
Sublease No. 4337~Ol
IIExhibit BII
SAL3
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
LEASE AGREEMENT
OVIEDO SPRING HAMMOCK - WINTER SPRI~GS TOWN CENTER (5.92 ACRES)
Lease Number 4337
This
lease
is
made
and
entered
into
this
.31~
-,
day
'of
~
IMPROVlli~NT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as
20.-01, between the BOAlID OF TRUSTEES OF THE INTERNAL
"LESSOR", and the FLORIDA DEPARTMENT ENVIRONMENTAL PROTECTION, OFFICE OF
GREENWAYS AND TRAILS, hereinafter referred to as IILESSEEII.
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 IMPROVEMENT 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 pramises
to LESSEE subject to the following ter.ms and conditions:
",
1. DELEGATIONS OF AUTHORITY: LESSOR'S rosponsibilities and obligations
herein shall'be exercised by the Division of State LandS, Deparoment of
Environmental Protection.
2. DESCRIPTION OF PREMISES: The property subject to this lease, is
situated in the County of Saminole, State of Florida and is more
particularly described in Exhibit "A" attached hereto and hereinafter called
the "leased premises".
3. TERM: The te::L"lU of this lease shall be for a period of fifty years,
commencing on !1~(Jfft 3 / 1 :JIJIJ / and endin'g on ~ go; ~{)51 ,
I
;.,.--
unless sooner terminated pursuant to the provisions of this lease.
\';,1
4. PURPOSE: LESSEE shall manage the leased premises only for the
conservation and protection of natural and historical resources and resource
based pu~lic outdoor recreation which is compatible with the conservation
Exhibit B
Page 18 of 38
Sublease No. 4337-01,
and protection of these public lands, as set forth in subsection
259.032(11), Florida Statutes, along with other related uses necessary for
the accomplishment of this purpose as designated in the Management plan
required by paragraph 7 of this lease.
5. QUIET ENJOYMENT 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 f.ull quiet enjoyment by said LESSEE of the rights conveyed
herein.
6., UNAUTHORIZED USE: LESSEE shall, thro~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 p~~: 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 developed or physically altered in any way
other than what is necessary for security and maintenance of the leased
premises,without the prior written approval of LESSOR until the Management
plan is approved. The Management 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 times to inspect the leased premises and the works
~~
and operations thoreon of LESSEE, in any matter pertaining to this lease.
page 2 of 21
Lease No. 4337
Exhibit B
Page 19 of 38
Sublease No. 4337-01
9. INSURANCE REQU~REMENTS: LESSEE shall procure and maintain fire and
~xtended risk insurance coverage, in accord~llco with Chapter 284, F.S., for
any buildings and improvements located on tho leased premises by preparing
and delivering to the Division of Risk Management, Deparcment of Insurance,
a completed Florida Fire Insurance Trust Fund Coverage Request For.m and a
copy of this lease immediately upon erection of any structures as allowed by
paragraph 4 of this lease. A copy of said for.m and immediate notification
in writing of any erection or removal of structures or other 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 BPu~evard, Tallahassee, Florida 32399-3000.
10. LIABILITY: LESSEE shall assist in the investigation of injury or
damage claims 'either for or against LESSOR or the State of Florida
pertaining to LESSEE'S respective areas of responsibility under this lease
'or arising out of LESSEE'S respective management programs or activities and
shall contact LESSOR regarding the legal action deemed appropriate to remedy
such damage or claims.
11. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way
affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and h~storic sitos on state-owned lands is prohibited unless prior
authorization has'been obtained from the Department of State, Division of
HistoricalR~sources. The Management plan prepared pursuant to Section
253.034, Florida Statutes, shall be reviewed by the Division of Historical
Resources to insure that adequate measures have been planned to locate,
identify, protect and preserve the archaeological and historic sites and
properties on the leased premises.
12. EASEMENTS: All easements including, but not limited to, utility
easements 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, with9ut the prior written approval
Page 3 of 21
Lease No. 4337
Exhibit B
,Page 20 of 38
Sublease No. 4337-01
of LESSOR. Any sublease not approved in writing by LESSOR shall be void and
without legal effect.
14. POST CLOSING RESPONSIBILITIES: In an effort to define
responsibilities of the LESSOR and LESSEE with regard to resolving'post
closing managament issues, the parties agree to the following:
a.
After consultation with the LESSEE, LESSOR agree to provide
the LESSEE with the title, survey and environmental products
procured by the LESSOR, prior to closing.
b.
LESSOR will initiate surveying services to locate and mark
boundary lines of specific'parcels when necessary for immediate
agency managament and will provide a boundary survey of the
entire acquisition project at the conclusion of all acquisitio~
within the project boundary. Provided, however, the LESSEE may
request individual parcel boundary surveys, if necessary, prior
to the conclusion of acquisition activities within theproje~t
boundaries.
c.
Unless otherwi~e agreed to by LESSEE, LESSOR shall at its
sole cost and expense, make a diligent effort to resolve all
issues pertaining to all title defects, survey matters or
enviromnental contamination a~sociated with the leased premises,
including but not l~ted to trash and debris, which were either
known or should have been reasonably known by LESSOR at the time
LESSORS acquir~d the leased,premises. Notwithstanding the
foregoing, LESSOR will not be ~esponsible for any of LESSEE'S
~
attorney's fees, costs, or liabi.lity 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.
~~ith regard to all title defects, survey matters, or
environmental contamination associated with the leased premises
which ware 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
Page 4 of 21
Lease No. 4337
Exhibit B
Page'21 of 38
Sublease No. 4337-01
acknowledges and understands that LESSEE is unable to commit any
substantial amount of their routine operating funds 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 six 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 be at
LESSOR'S sole disc~etion. prior to surrender of all or any part of the
leased premises, a representative of the Division of State Lands sha~~
perform an on-site inspection and the keys to any buildings on the leased
premises shall be turned over to the Division. If the leased premises and
improvements located thereon do not meet all conditions set forth in
paragraphs 18 and 21 herein, LESSEE shall pay all costs necessary to meet ::-
~.
~
the prescribed conditions.
Page 5 of 21
Lease No. 4337
Exhibit B
Page 22 of 38
Sublease No. 4337-01
16. BEST MANAGEMENT PRACT~CES: LESSEE shall implement applicable Best
Management Practices for all activities conducted under this lease in
compliance with paragraph 18-2.018(2) (h), Florida Administrative Code, which
have been selected, developed, or approved by LESSOR, LESSEE or other land
managing agencies for the protection and enhancement of the leased premises.
17. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and
subsequently designate to the respective arthropod control district or
districts within ono 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. UT~L~TY FEES: LESSEE shall be responsible for the payment of all
charges for the furnishing of gas, electrici,ty, water and other public
utilities to the leased premises and for hav'ing all utilities turned off
when the leased premises are surrendered.
19. ASSIGNMENT: This lease shall not be assigned in whole or in part
without the prior written consent of LESSOR. Any assignment made either in
whole or,in part ~lithout the prior written consent of LESSOR shall be void
\
and without legal effect.
20. PLACEMENT AND REMOVAL OF IMPROvm1ENTS: All buildings, structures,
improvements, and signs shall be constructed at the expense of LESSEE in
accordance with plans prepared by professional designers and shall require,
the prior written approval of LESSOR as to purpose location', and design.
~
Further, no trees, other than non-native species, shall be removed or major
land alterations done without the prior written approval of LESSOR.
Removable equipment placed on the leased premises by LESSEE which do not
. , '
become a per.maneut part of the leased premises ,~ill remain the property of
LESSEE and may be removed by LESSEE upon ter.mination of this lease.
21. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the reai property
contained within the leased premises and any improvements located thereon,
in a state of good condition, working order and repair including, but not
~
,j
limited to, lteeping the leased premises freo of trash or litter, maintaining
all planned ~provements as set forth in the approved Management Plan,
page 6 of 21
Lease No. 4337
Exhibit B
Page 23 of 38
Sublease No. 4337-01
meeting all building and safety codes in the location situated and
maintaining any and all existing roads, canals, ditches, culverts, risers
and the like in as good condition as the same may be at the date of, this
lease; provided, however, that any removal, closure, etc., of the above
improvements shall be acceptable when the 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: S1;1ould LESSEE breach any'. of
the covenants, terms, or conditions of this lease, LESSOR shall give written
notice to LESSEE to remedy such breach within sixty days of such notice. In
the event ,LESSEE fails to ramedy the breach to the satisfaction of LESSOR
within sixty days of receipt of written notice, LESSOR may either terminate'
this lease and rocover from LESSEE all damagos LESSOR may incur by reason of
the breach including, but not limited to, tI10 cost of recovering the leased
premises or maintain this lease in full force and effect and exercise all
rights and remedies herein conferred upon LESSOR.
24. NO WAIVER OF BREACH: ~he failure of LESSOR to insist in anyone or
more instances upon strict perfor.mance of anyone or more of the covenants,
terms 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 waiver is
set forth in writing, signed by LESSOR.
25. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
leased premises is held by,LESSOR. LESSEE shall not do or permit anything
which purports to create a lien or encumbrance of any nature against the
real,property contained in the leased premises including, but not limited
to, mortgages or construction liens against the leased premises or aga~nst.--
~hi
any interest of LESSOR therein.
Page 7 of 21
Lease No. 4337,
Exhibit B
Page 24,of 38
Sublease No. 4337-01
26. CONDITIONS AND COVENANTS: All of the provisions of this lease shall be
deemed covenants running with the land included in the leased premises, and
construed to be "conditions" as well as "covenants" as though the words
specifically expressing or imparting covenants and conditions were used in
each separate provision.
27.
DAMAGE TO THE PREMISES:
(a) LESSEE shall not do, or suffer to be
done, in, on or upon the leased prmnises or as affecting said leased
premises or adjacent properties, any act which may result in damage or
depreciation of value to the leased premises or adjacent properties, or any
part thereof.. (b) LESSEE shall not generate, store, produce, place, treat,
release or discharge any contaminants, pollutants or pollution, including,
but not limited,to, hazardous or toxic substances, chemicals or other agents
on, into, or from the leased premises or any adjacent lands or waters in any
manner not permitted by law. For the purposes of this lease, "hazardous
substances" shall mean and include those elements or compounds defined in 42
USC Section 9601 or which are contained in the list of hazardous substances
adopted by the united States Environmental Protection Agency (EPA) and the
list of toxic pollutants designated by the united States Congress or the EPA
or defin~d by any other federal, state or local statute, law, ordinance,
code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning any hazardous, toxic or
dangerous waste, substance,' material, pollutant or contaminant. "pollutants"
and "P911ution" 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 ,V'ith all appliCable federal,
Ii \1
state or local statutes, laws, ordinances, codes, rules, regulations, orders
and-decrees, and to restore the damaged property to the condition existing
Page 8 of 21
Lease No. 4337
Exhibit B
Page 25 of 38
Sublease No. 4337-01
immediately prior to the occurrence which caused the damage. LESSEE'S
obligations set forth in this paragraph shall survive the termination or
expiration of this lease. Nothing herein shall relieve LESSEE of any
responsibility or liability prescribed by law for fines, penalties and
damages levied by governmental agencies, and the cost of cleaning up any
contamination caused directly or indirectly by LESSEE's activities or
facilities. Upon discovery of a release of a hazardous substance or
pollutant, or any other violation of local, state or federal law, ordinance,
code, rule, regulation, order or decree relating to the generation, storage,
production, placement, treatment, release or discharge of any contaminant,
LESSEE shall report such violation to all applicable governmental agencies .
having jurisdiction, and to LESSOR, all within the reporting periods of the
applicable gover~~ental 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 improvaments,thereon, including any and all drainage and
special assessments or taxes of every kind and all mechanic's or
materialman's liens which may be hereafter lawfully assessed and levied
against ~he leasod premises.
29. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all.financial
and other records relating to this lease and LESSOR shall have the right to
audit 'such records at any reasonable time. This right shall be continuous
until this lease expires or is terminated. This lease may be terminated by
LESSOR should LESSEE fail to allow public access to all documents, papers,
letters or other materials made or received in conjunction with this lease,
pursuant to Chapter 119, Florida Statutes.
30. NON-DISCRIMINATION: LESSEE shall not discriminate against any
.
individua~ because of that individua~'s race, co~or, re~igion, sex, national
origin, age, handicap, or marital status with respect to any activity
occurring within the leased premises or upon lands adjacent to and used as
an adjunct of the leased premises.
31. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon -
~~
and subject to LESSEE obtaining all applicable permits and complying with
all applicab~e 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 ~nterpreted
according to the laws of the State of Florida.
34. SECTION CAPTIONS: Articles, subsections and other captions contained
in this lease are for reference purposes only and are in no way intended to
describe, . interpret, define or limit the scope, extent or intent of this
lease or any provisions thereof.
35. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative
fee of $300. The initial annual administrative fee shall be payable within
thirty days from the date of execution of this lease agreement and shall be
prorated ,based on the number of months or fraction thereof remaining in the
fiscal year of execution. For purposes of this lease agreement, the fiscal
year shall be the period extending from July 1 to June 30. Each annual
payment thereafter shall be due and payable on July 1 of each subsequent
year.
r,
--
~
~
page 10 of 21
Lease No. 4337
Exhibit D
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
By:
l::I~ (}. .[) 0 gFf:r (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 hefore me this ~/~daY of
LlIJ~ 2ollL, by Gloria C. Nelson, as Operations and Management
consu~anager, Bureau of Public Land Admin~strat~on, D~v~s~on of State
Lands, Florida Department of Environmental Protection, acting as agent on
behalf of the Board of Trusteos of the Internal Dmpro~ement Trust Fund of
the State of Florida.
Florida
Print\Type Notary Name
...~-:;'~'fh~"" ' CHERYL J. KING
tif""I)):'h-o MY COMMISSION i CC 652921
~;1,~.ki EXPIRES: November 7, 2003
"::'~;;;";':~~/ Donded Thru No14ry Public UndslWrilsrs
'0"11,1'
commission NUmber:
Commission Expires:
Legality
By:
'.
'~j
,page 11 of 21
Lease No. 4337
Exhibit B
Page 28 of 38
Sublease No. 4337-01
L {-
Print/Type itness
l-k.a-;tfl>>u ifiA JvU.
W~ tjness -:J
Ht.a..+-h~f rence
PrintlType Witness Name
l;"\-:;'~~ Shannon Franklin
t*/,J;;.\<1 MY COMl'.;llSSION I CC714000 EXPIRES
~"~;<<,' May 23 2002
'?,~iir;;r.,~'" DONDED THRI,I TROY fMN lNSUAANCE, INC.
li\~
Page 1.2 of 21.
Lease No. 4337
'Exhibit B
Page 29 of 38
Sublease No. 4337-01
FLORIDA DEPARTMEN'r OF ENVIRONMEN'rAL
PROTE ION, OFFICE OF GREENWAYS AND
TRAI
one.
Print/Type Name
Title:
"LESSEE"
a Public, Stat 0 Florida
~ h1\)~ hClnL~n~
Print/Type Notary Name
Commission Number: C-C 1 \ Litot)
Commission Expires: rf\~ 2.S I 2.002-
'.
~..~-~.
U~/~U/kUU~ ~~.~~
This Instrument Prepared By aud
Please Re1\lrn to:
FrilD.k E. Bondurant .
Bondurant and Fl,lqUl1, P..A. '
P. O. Box 1508
Marianna, FL 32447
(~SO) 526-2263
FLABARNO: OS20330
Appr
By'
. , DE Attorney
Date:~ I~/ t.-r;(
W AlU{ANTY DEED
(STA1'UTORY FORM. SECTION 689.0~, F.S.)
THIS INDENTURE mtld~ this'l~ay of Aprll.200 l,'between LEWIS BLUMBERO and wif~. mANIT A BLtn0.BERG
alWOIJUANlTA P. BLUMBERG, whose addxoss is 1130 E. State Road 434, Wjnt~ SPl'1ngs, F!.. 32708, Grantor, ancl the
130ARD OF TRUSTEES OPTHE INTERNAL nvtP.R.OVEMEN1' TRUST F tlND OF THE STATE OF FLORIDA, who.so
post office addross is clo Florida Department ofEtlvil'oomc:ntal Protection. Division o'f SU\tc r..~ds, 3900 CommonwCCllch
Bouknrd, Muil Stati.o1\ 115, Ta.11<lhfl.sscc, Florida 32399-3000. Grantee, '
(Wherever 1,1scd hr.rcin the tenns "Grantor" and "Grantee" inc)1,1de all the parties to this instrument 4Uld
thcir lC1;lll represcntative5j successors AIlo.llssign.s, "Grantor" l1Dd "Grantee" nreused for singult\r and
plural, us t.he conti:~'..t requires and tJ1C use of any gcrlder shall include all genders.)
WI'l'NESSETB: That the ~:O;((~ G~tultOI.', for and In consideration oime sum ofTen Dollo.rs ($10.00) and other good 2nd
valuable cOl1sidcration~, to snid Grantor in hand paid by said Gl'ilntcc, the rccdpt whereofis hereby :1cknowledg-cd, has
gtantcd, bar,gumedand sold Iy tho "l1id Gr.antee, and Ornnteels successors nnd asslgns forevel'1 the following described land,
.$i1\ltitc, lying aad bcine in $c;mllolc County, Florida, to-wit:
SEE EXHIBIT ",0:.'1 ATTACHE)) HERETO AND BY REfERENCE MADE A PART HEREOF,
Prop'crt)' App~a':.i Parcel L D, Nos.:' 26-20-.30-5AR-01300-0280
26-20-30-SAR.OBOO-0290
GRANTOR HEREIN RESERVES AN EASEMENI' FOR lNGRESS AND EGRESS ONt Y OVER
AND ACROSS THOSE J...ANDS DESCRIBED IN EXHIBIT 1')311 ATTACHED HERETO ANP
MADE A PART HEREOF. THE TERM OF SAID EASEMENI' SH:ALL BE FOR TWO YEARS
FROM THE PATE. OFTffiS INSTRUMENT OR UNTIL mCKORY OROv:EPARKBOULEV ARD
IS CONSTRUCTED, WHlCHEVER. ocCURS FlRST,
I
'This conveyance is subject to cascmcn~, restrictions,limltntions and conditions of record. if l1llY now exist. but any such' .
interests that may have been 1crminated arc not hereby rc-imposcd. '
AND !he said Grantor docs h(;:reby fully WlU'I':1Dt the title to said land, ~ild will defend the Sl1l11C agilin5t the lilwful claims
of all p~rson$ whomsocver.
IN WITNESS WHEREOF the Grant . b!l~reunto set Grantor's hand llnd seal the day lmd year tlrst above written.
J '
~~~led and delivered 9., igI1 rori~s
)A the p{cscncc of 11
.~~
' 1E\VIS BLUMBERG
'.
co,'t'V itncss)
-J:iu g c- ;: Ifam aJ
Printed Name of Second Witness
STATE OF FLORlDA
CO~OF '$o~~
!hI!: foregoing instrument was acknowledgc:d before me this n day of April, ZOOl)by Lewis J3lumbcrg and
JUilDira Blumberg alkJa JU<lnlro. D. Blumberg. Such pcr$on(s) (Not~ Public must check applicnblc box):
( }
rv
.i
.i
(.NOTARY PUBLIC SEAL)
~. ..~ CJcbcral1 J" GllJ.il.Spla .
.;.~'* My co~CCll2OOO0
,~~~....~ ~1('llS Ma~ Zl. 20~
-..,'" --r
I
I Exhibit' A
, I '
I Page ;13 of 21
Lease No. 4337
Exhibit B
Page 30 of 38
Sublease ,No. 4337-01
is personally known, to xtl~
produced a current driver's license,tl:'1 4{J.~-4{.~ l~'
produc<:d '1:\-1" ~ f.Jc~, e:. 'B"lV' .' 6lS id,nti6.ciltion --:.
, n.. Bl':fSC -9f) .f?tI1J.-(). -
~~~'~v~.li~~Q.
~t~b~C .
e t:I: ~ L ('71l/~ ~ P.
(PriDtea, Typed or St~ped ame ofNob.ij' Public)
Commission No,; CPA::"'iP~
My Commission Expires: ~:,a...i ~
.~"~ J
-. ,;~
','
.
__' _......"_. ..' ..1" 1....'.1'-" 1.............._........
- '",....
, I
. ',' ...
I '.E:diibit '~A.m
PARCE:L:J.'
That part ofLo1. 30 :l310cl, liB", D.R. MlTCrp:,t.S/S SURVEY OF THE :LEVX' GRANT ON LAKE
JESSUP as rCl.':orded in 'Plat ;So ok 1, Page 5,oft'he F.ubHe 1AA~o:t'db of Seminole Cocnty, A<4orid.a., mqre
particulnrIy dcsc..ibed as follows:. . '.
Commence at the Northwest corner Qf Lot 23 Bloclt irE" D.R. MITQm:LL'S SURVEY OF :r.m::
LEvY GMN'l' ON LAKE JESSUP as rooorol;d in ~ud Public Records, S2ld PQ~~1; JJci.ot; a rcro'Vcred
3/4 incl\ .i.ron pip~i thc.nce run S 18058'.2811 W ~loX1::: the West line of ~d Lot 18 ::J. distance of nO.11
, feet; to tho N01-th night of Way line of }3lrst Street en;;O foot nDo}?cMd right ofmlY); thc:a.~ ron S
71024'05'" E along lll~id NQrtb right of wny line 'for ~ di5~ne<: of 1154.47 feet to tbo POINT OF
.'.BltGJl\""NXN"G; thence continue S 71024!05" :E far a distllXl~(; of402.67 feet; thence N :Z90J,Q':ZS" :E for;n
distnnCQ Qf;Z5.21 f~ct; thcucc:N 15043'32" Wior a disu~~C of21.2l feet; thcncc-N 60043'32" W for a
diS"bnco of95.5(; l~ctj tbcll(:c N 11 D24'0511 W for.n dismncc of301,41 (pet; thence S 6,3035'55" W .fQl".Q.
distance of21,2;l. f~t; then<:c S 18035'5511 W ie. a dlst~ncc of30,QO fC'Cti thence S Z642a'osn .E for 3
q.isttJ.uce ofZl.Z1 fectj to tho POINT OF BEGINNING-
AND
1> .A:RCEL 2
, '
That part of Lot 29 a.nd Lot3Q :mock IInll, D.R. MIT.cB:ELL'S Stm.'V:EY OJrr1JJI.J.,:~V'i GRAN! ON
LA.!{E JESSUP" as recorded in Flnt Book A) llago S gfthc ,Pllblic Records o:fSeminole CO unty, Florid~
more particularly dc:scribcd as fonQW~: ' .
, Commence at tl,e Northwest corn~r at Lot ZS Elodt lOB" ;o.R. MlTCHELVS SURVE):" OF t:t!E
J:,EVY GRAl'lT ON LAKE JESSUP as recorded in .said. PRblic Rc~ord~l 6aid point being a recovered
7;/4 h1Ch iron plPC; thCJ:lce run'S 18058'28\1 W along the West ~iDQ of ~d L<Jt28 Ol distance of 720.11
X'Ilct to the North Ri~ht of Way line of Fkst Srreet (a 30 foot llIlo~ncd right of way); thence run S
'71 024'05" E along :said North right or 'WJt)' liDO for ~ distance Q! 1015.35 feet to the POINT OF
BEGINNING; th<:D.cC continue S 71 Q24I05" E for a disbJl.ce 01'8.9.:1.2 feet; thence N 63035' 55" E. for D.
dis't1\I1cC QfZl~~ f(:J;tj tb~;Qc<; run N 18035'55" E for a dist3Ilce of30.00 feet; tt1CIlce N :Z6o:l4' OSH W.fur
s dj~fp.I1.~Q or:41.i1 fcC't; t1.\cur;c N'71 024'05" W fora'distance of89.12 feet; thence S 63035'55" W fora
di3twcc 0.f21.21 Ice.; thCllU S :1~035'SS" W. for;!. ui;j~n~o 0!30.00 fect; thcnce S ZuOZ4'05" E fo~ ~
disunco of 21.21 fcr;~ 'to the POINT Oli'EEGIr\"N.G"l"G. '
AND
"
pA:RCEL~
,
That part or:tot 28 and tot 29 Blot;k liB". D.:& :tvm'CBELL'S SURVEY OFTBE LEVY GRAN'l" ON
L~ JESSUP as r.ecorded in Pl2.t nookl, Page 5 Qftho Public RC~l:'d~ of Seminole County, Florida1
jtJ-\ ...P,l.. to lId' "b-.1 fi 11
.' ;. nO~h'lHl.r: leu :.1r)' 1~(;n I,;... a.5 0 om:
, -.....,..
ComIn~nccJ.tth~:Nortbwcst ~orncr' of said Lot 28; J310dc HB"~ D.R. MIJ;c;l3l::r.:x..'ssURVEY OFTIIE
Wlnt<>r Sprlnz;<! Tl1WII O;nla/i:lllimc..ra
SC[lliilol~ COllnt)'
hr;;I,CJI'J
.~~.ju ~
. ,
,,f,i
Exhibit A
Page 14 of 21
Lease No. 4337
Exhibit B
I
Page 31 of 38
Sublease No. 4337-01
1..'" -,-" -~~-. ':'':'''vVI,>VI..I \.l :Tr:-.li'~D
J" OX; o::N-.Lj .I...)-':Ai;.l.l.
I
111-'1. .I. V "UU.l ...1.1...."
r.Vv
"
;
;LEVY GRANT ON U..:ro:; JESSUP ns recorded All s~iri Public Records s~id point beh:~g .!1 r~oYcrcd
3/4 inc~ iro~ pipe; thence run S 18058'28lf W alo;ag tb.e West line ofsai<< Lot 28 11 dist~:acQ of 720.17
feat; to th~ North RIght of Way line of First Street (~30 root unopened rjght otway); then~ run S
7:!-0.24'05'\ E .al~ng spld NOl1h right Qf "ffilY line for ~ distaJJce of 48g.48 ~~C't ~o the pomt OF
BEGINNING; ~hct\~c continue S 71 02410511 E for a distimce of 476.87 feet; t~CllC~ N 63~5'55"1 ~ for ~
. distance of21,21 :foet. thence N 18"3~'5S'T :E for:a. dist.:lllCll Qf30.0Q feet; thence N :U;024 'OS" W for.a
dist.a7:lce of;21.:zX.t~;<;t; thence N 71OZ4'05" W for OJ. distance of 47~.S7 fect; thence S 63035'5511 W for a
, distance of21.2l fCQt; t4c,acc S 1803S'SSrt W f()'r a distance of30.QO foot; thcnCA3 S 2Q~4'05" E for a
dIs~cc ofi1.21 fccno tIle POINT 0)1 BEGrNNXNG.' ' , .
. AND ,
PA.RCEL4-
t'lult part QfLQt 28 and Lot 19 Block "Brr~ V,R. McrCx=m:CL'S SUR~y OF nrE t:EVY GRANT ON
LA1{E JESStJ'P D.!). :r~l.lordcd in Plat Boole 1) P~go 5 oftl1c Public: :Records of Stmino]c'County) ~lo^ida7
mOre piu..ticub.,rli dcscrih'ld ~s folloWG: , ' I
. I
Commence ..tthc NOl-tl1wcst cO.l."X1cr of5aid L<>t28.l31ock "B") DJt MITCE:ELL'S SURv:EY OFTBE
LEVY GMNI ON J.JAI<:E ~SSu.P~ .as r~ordcd in said PubHc)<c<:ord$ said point being A recovered
3/4 inch iron pipe; thence run S 18958'28" W along the West lio,c of said LOt 28 a distalJce of 325.09
feetj thence l<;llving said West line of Lot 28 run S 71 ~4'05" E for.o. distance of .3.35,.54 f~t to the
1>O:rNT OF BEGIN.NIt'{Gj thence S lS9.3SI~5" W for a cpstancc of;I.30.0 0 fccti the-ll~e S 15~3'5S1I E for
a distance of81.26 feel; thence S 29007'50'1 E for a distance of160.1;2 feet; thence S 71 OZ4'051l E for a
distance of 458,29 fcr.I;}' thence N 18~35'55" E for t. distance of 137.55 fee~; th~l1cc N 71024 '05" W for a
disunc~ or1.9.3..20 J:'r.Ji;:i,; thence N 00000'00" Wc~t for i1 d.i.:itauce of200.02 fect; thcn~ N 8~"31 T.2:z" W
for:a distance Or 105.03 feet} thence N 7i 024'0511 W for a distance of 16Z~54 feet; to the ponrr OF
BEGINmNG.
Together with 9: ~$ f<:et wide 'easeDlt:ntfor aoc~~ across the following descrihed pnrccl:
~\tpDrtofLotZ8 nndX..ot 29 Bleck "BN, D,R, MITCHElL'S SURVEY Of TBELEVY ORAm
ON LAKE JESSUP a-s {cCorded in Plat Baok 1. Page 5 ofthePublic;Records ofScrcinole County, ,
F!o.rid~ more pa.rcicuhdy described as follows: '
.
Commence.at the; Northwest comer' of said Lot 2'8, :Block "B II~ n.R. :MlTCl:!ELVS SURVEY OF .
, nm 'L'EVY GRA"!:'IT ON LAKE JESSUP as recorded in said Public Records said point being a
rccovC{cd 3/4 inch iron pIpe; thence run S 18 g S8~n W along the Wesr.line of said Lot 28 a distance
of 720.17 feet'to the North F-ight QrWay line of First Street (2. 30 foot unopened right of way);
thence iun S 71 o.24105,~ .E along said North right of way line for, a distance of 488.48 feet; thence nut '
, N 26 o 24'0,5".W a dlsU\Ilcc of8.35 feet; thence ron N: s9 "39'33P ~ a distance of2~.OO feet; llience l1:ln
N 69013".5211 E a di5U'.\1ce of20.00 feet; thence run N 430 S 1 >:2.9/1 E a distance 005.82 feet to to We.
.FOmr OF :B~GrNNJJ;'lG of,!- lS.0q foot wige strip of land lying 7.5 feet on each side of the
fo>>.f{~~ des.enoed 111:10; :ilience ~Q~ said .po~t ro~ N 3 :;.tD,l! ':ZS" E a dist.ance o~31.00 f~ct to the
" P.QlfJ;~"-l.lF TERMIN.A:n01\f OflX\lQ line. 'The SIde lines. of ~d J 5 foot stnp ofland :a.1'Q Wlen,gthcn
, or ~horten to intf;rscct ~t'property lines and to dose snd boupd said descn'bed lin~ as necessary.
I
, Wintet Sp,ll1~i TllwnC<nlcrlDlItmV';;l;
'~1I10111COI.<lll)'
PllSC ~ gr:!
BSM~
Sy'&l? _~~!~~f
.""
.-~~,:,:.
\(..
Exhibit A
, Page 15 at 21
"Lease No. 4337
.Exhibi.t B
Page 32 of 38
Sublease No. 4337-01
" ,
I. ..
.__"__1""\.-1 ..~ 1-:..., _I'''"",,, .~........,-: ",.:-"-1 -'...'f.......
I
,
I '
. -... .....'~ ---...
AND
PAR.CEL5
Tha1 p~rt of I&t 28 Block t'B", D.R.. MIICBEL:t/S S'rJRVEY OF THE L};;'VY GRANT ON LA.Ia
'mss'tT.F ::LS1 ~()C:Q;rdcd in.l"l~t :6001<: 1, :P~gc S. oftbc !"'.t1>Uc ROCQi-dll' 9fSornf.aolc CoZ:tXJ.1Y. Florida, being
marc 'particul1'U'l~J ir~llcribed :cJ follows: . ,
:BQgXl;J. at the Northwest COl'nc.1" \i! said Lot 28, Bloc~ ":BcT, D.~ IvnTCmLL'S StJRWY OF TEE
:LEVY GMNT ON LAKE J:ESSU),' a~ .r~cordcd ic s:aid :P'u1;lllc Ri.;;;ords; sa1d'poin,t b.::iJJg a Tccovel'ed
3/4 inch iron pipe; t'ju:ncc r~n S 180S8'~SIl W ::Ilong the West line of said Lot 23 a (li31'Ance oi26S.09
feet; thence ~cnvmg :mid W€!it Ihl.G ofl.Qt:ZS run. S 710.24'05" E .:l. for diGbnce o:t27S.15 f~ct; thence.N
18035'5511 .E for II dist.m..c of265.13 fect to tho South .Right ofW:;ry )~n(;; of Second Street (a. 3{}.OD foot
right ofW:lY)1 thc;.u~~ N71 024'3811 W along said Soutl1 Right ofW.1.Y Ih;10 for.a dist:a.nCll of.213.41 feet to
'the POINT OF IJEGJ1'iNJNG. . ,
" '"
. :.~~~.
'lit 5(,' ~,..,~
., . ",.
. '.
.. '.
Wineer !JpnnJ;S TDWIl Omr.crl2lwnbc1~
~_.l_l. <:-"1
~Jo(3
~.eQ.1\ ~rrJ'+!lffj
....JQ\~. ,eS E .,4 '/0' 0 I
~~_.....,
\li
Exhibit A
Page 16 of 21
Lease N9. 4337
Exhibit B
page133 of 38
S~blease No. 433Z-01
I
'j
-i
-i
~4/18/2ee1 11:11
8565265947
. '
t,
BOl-lDURANT AND FUQUA
PAGE 11/1S
EXHIBIT /lB".
Sheet 1
See Sketch ofDescript:lon: ':
Included as AttMhment nAil ;
EASEMENT 1
IS' ACCESS EASE:ME~T OVER LANDS
TO :BE Ac;QUIRED BY:FU...o D.E.P.
That part of Lot 28 and Lot 29 Block IIBlI, D.R. MITGHELL'S SURVEY OF THE LEVY GRANT
ON LAKE JESSUP ~ l;'~ordcd in Plat Book I, Page 5 oftbc Public Rccords of Seminole County1 .
Florida, mor~ particularly described as, follows: '
. Co.tnmence at the Northwest comer of said Lot 28, Block liB /11 D.R. MlTCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP as recorded in said Public Records said point being a
recovered 3/4 inch iron pipe; tbeilccrun S 18058'28" W v'long the West line of said Lot 2.8 a. distanCe
'of 720.17 feet to the North Right of Way line of First Street (a 30 foot unopened right afmy);
thence nul S 71024'05/1;E alQng said North right of way line for a distance of 488.48 feet; thence run
N26024'OS/l Wa distance of8.35 feet to the FOJNT OF-EEGINNING ofa 15,00 foot wide strip
of IM.d lying 7.5 feet on each side' of the following des.::ribcd Ene; from said point run N 89039/3311
E a cl.isU1ncc of25.00fccl~ thence nmN 69013'S2n E a dismncc of2Q,QO feet; thcn~ run N 43 Q SllZgn
E,u distance of.36.82 feet to th~ point ofTcmUnation of said line, The side linC$ of said 15 foot strip
ofland are to lengthen Qr shorten to intersect at property lines and to close and bound said described
line M necessary.
, Contmning 0.028 acres more or l~ss.
Prepared by:
Tinklcpuugh Surveying Scrvi~S, Inc,
, 379 w~ l0:i.chig/l.t'l. S1rcct
Suic.c 208
Orll1Ddo. FloridA 32a06
(407) 422-0957
T01..M~;t.,~
. ,."-~~. ~'\4
,'< A~ '
SSM w:"mPlIlPO' '
l6Y..&~~~~~ I,~I
~
Exhibit B
Page 34 of 38
Sublease No. 4337-01
Exhibit A .
. Page ,17 of 21
Lease No. .,4337
I
I
Thi:i dcscdption and the accompmying :lk~h or
sl.;r;,tchc3 has been prepared in accordAuoo. with tho
StandD.n:l.s ~ forth in Chaptcr61 017. F.A.t., purSuant
10 CMptas 177llDd 47~ FJoci& Stlltutes:Un19Ss it 'oears
the signature nnd the originAl r~.:ical.or a Florida
li~ survCj'or and mapper this~dray,Mi slcelc~. plat
or mnp is fOt" infotmntionAl p~-.only.and;is not V3lld. .....~.
adi~'"
ARnroR W. TUCKER. P,L.S. #4381
Dllte: ::z -/~ - Or
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SKET.CH OF DESCRIPTION
.... NOT' A SURVEY'~-
Norrs;
I. 7Hrs IS Nor A SURVEY.
2, BEARINGS SHOlm HEREON ARE DtRlVE:D FROJJ A PREWOUS PROJECr
fJREPN(tD BY 7HlS FiRM FOR THE" flORiDA. DEPIIRnAEN7 OF PROTEe no.v;
PRO./fCT NAME: lAND ACOUIS1l0N SUR~I APPRAISAL MAP
Yr1NJE:R SPRlNGS 10~ C:rurr~
CRt:!NWA'r'S AND 7RAa.S PROJECT
D.FP. 0Ff1Cf' 667680 .
NiD ARC: 8AS...CO ON THE: NORTHEASTERLY RIGHT OF WAY UNE OF STATE"
RO).[) ?.3~ AS PER Flor~lDA DEFAR7MENT OF TRANSPORTA nON RlCHT OF"
},'AY MAP SECTION 77070-2516 BEiNC scum S8"43.'16- EAST:
\. ~"o'
~r4y
l.e ~~~e:t~
, f'-
0'-4 C'"l
C"J C'"l
...;t
44
<0.
,0
'~coZ
oM M
..a .ClJ
oM ClJ tI)
;.C bO C\3
X Cd ClJ---
,~P-cH
J: ~;
, ~f:
f;. $.,,::,. LB}/'
pafC~!l't1> 6"1'
TO BE ~/c{fJ L 7.
\.1l10S ,
A' 15' ACCESS
a-~ )"oo~l.9/ B EASEMEiif
~'<'-i''''tr.t;:o t
P~l'r Q.t-- ~ w">-?4<ri& .(Jr~
r.lfO;\> -1~.ss ~G6W~
f.It 'i'/I'/' ~-1,~ r'bVo
~~/('- ~ '-"=J'-!.lItr
-:--::::.. %i r < 6 ~ <l-'
. s~ <5:.3Sc:.s.'
.)'/:,;,.,1;--; ~
"- :s .of'~
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P
. LOT 28
BLOCK "e"
THE LEVY .cnN-lr ON LAKE: JE:SSUP
D.R. WTCHELlS SURVEY OF
PLAT BOOK I, PACE" 5 .
HOUSe 0
LOT 29
BLOCK "8"
,.00. mE LEVY GRANT ON lAKE: .JESSUP
ec -f~~/ .". tJ.R. WTCHEl..lS SURVEY OF
co lJr ~ PIA T BOOK I. PAGE:.5 i'
b.~ .
, ------
~~
~~l.
~~
~~
NUMBER BtAi?lNG
1.I N B9:J 51 ',].1" E
L2 IV 69'JJ'52" E
LJ N 43'5/'29" f
fA N J.3'II'.Ut" C
l5 N 31 '.39'07" E'
l.6 11 .,39'0]"22" C
L7 If 29'0.3'O~t. [
L8 tV ,50'.J3'4-0" E'
DISTANCE
25.00"
20.00'
35.82"
J1.00'
60.00'
90.00'
75."0"
"5.0t)'
.~~
_ ~'i""'''
.~.
Tinklepaugh .,_ ~
SURVE'i'lNG SERVICES, INC.
3)~ \'I, U:o:l\:gan Slt>lat., sun. 20S - OrlCtldo, Flonda , ~2a06
T.h. No. {(.01) .c~-01S7 Yu I/o. ('107) o(2Z-S915
UCEH:!ZO llVSlNi:S3 .Ii.. 5716
DRAWN BY: R. NIETO
.DATE: 2/15/01.
ORDm NO,: TOtA58 'SCAl.E: ,,"= 100'
FlLE:: SX 15986-82
I
I
,I
. I
" 84~18/2~H31 11: 11
85e5265947
BONDURANT Al'!D FUQUA
PAGE 13/19
, Sheet 1 "
See Sketch, ofDescrlption '
Included as Attachment nAil
EASEMENT 3 .
151 ACCESS EASEMENT OVER LANDS
TO BJ.i,; ACQUlRED BY Fla. n.E.P.
That part of Lot 28 nndLot 29 Block II:8U, D.R. MITCI-lF..LL'S SURVEY OF TBELEVY G.RAN1
ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of SeniinQ~e County,
Florida, more particularly described as follows:' '
Commence at the Northwest comer of said 10128. Block IIEII, DoR, MITCHELL'S SURVEY Oll
THE ,LEVY 'GRANT ON LAn JES~UP 'as recorded in said Public Records said point beins a
recovered '3/4 fnchiron pipe; thence run S 18Q58'28" W along the West line: of said Lot 28 a distance'
of 720.17 feet to the North RiBht of Way line of First Street (a 30 footu.nopaled right of way);
thence IWl S 71924'05" E along said North right of way Ene for ~ distance of 488.4B feet; thence run:
N 26044/0511 W 11 distance of8.~S f~; thence run N 89039'33" E a distance of25.00'feet; thence run
N 69013'5211 E a distance of20.00 feet; thence nul N 43 0511291/ E a distance of36.82 feet; thence
~ N 33 0 11 28ft E a distanCe of31.00 feet to to the POINT OF BEGlNN1:NG of a 15.00 foot wide
strip of land lying 7.5 fuet on each side oftlle folloiVing described line; thence from said point run N
31"39'07" E a distance of60.00 feet; thence run N 39007'2211 E'!l distance,of90,OO feet; thence run
N29003'09/1 E a dist4Uce of75.oo feet: thence runN' Soo33140~ E a distance of 45.00 feet to the point
of Termination of said line. Thc sidc'lines of.said 15 foot strip ofland are to lengthen or shorten to
interseot at property lines and to close and bound said d~beQ line as necessary,
Containing 0,0.93 acres m.ore or Jess,
Prepared by:
This c1~ption and the l1CCOmpCli\ying sqtch or
sketches ha;s 1x:cn ~rcpa.rOO in llCCO~ with tho
St.1l.nclards set.forth in Chapter 61 G17, F:'\.C., llU1"$\Ulnt
to Chnptc:rs 1'/7 mxl472,:l'1mdASU1~ bn1~itlx;ars
the signature and the origionl r~ ~ 00 F1s:ridA
liccrJ~~ rorY~01" and mapper this ~ sk9tch. plat
Oi map is fur iD-fomuui,Qt1a1 pu.poocs ooly ADd'is not valid. _~..
4~~
ARTHUR. w, TIICKER, P.L.S. '# 4381
Date: _;?. .,.It.,. 0 f
Tinkkpaugh surveying S<lrYi~, Inc.
379 West Michigan Street
Suite 208
Orlando, Florid~ 32805
(407) 422-0957
TO I -A53~~.,:. \
. ~~""\1!T.1
. ,~.',",~l
'{j
_ APP~ .
B-J:.A$ Oate_ 3,JIf!!d/
Exhibit B
Page 36 of 38
Sublease No. 4337-01
Exhibit 'A
Page 19 of 21
Lease No. 4337
':'
I
"
CA,_ POt;
Olr'<YUS to eel ~
(f<- ~ 1Ii'.f u
~~
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TS- 0;:- lJ.
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... J~~M8ER BE'ARk"lG
~. tI N 89'.39'.3.3" E
'S$.." t:l N 69'1.3'52" E
~ t.r N 43'5J'29" E
t-4 N .J.J11'28" E
l5 N :W'.39'07" E
tS N .39'07'22" E:
l7 N 29'0.3'09" E
lB N 50:3.)'40" E
DISTANce:
25.00'
20.00'
36.82'
3 I.IJ ()'
60.00'
90,00'
75.00'
45.00'
DRAWN BY; R. NffrO
.vA TE: 2/~5/01
SKETCH .OF DESCRI~TION
.... NOT A SURVEy.... , '
NO TES:
r. 1HJS IS NOT A SUR Yry.
'- 2. BORINGS SHOWH HEREON ARE' DERIVED FROM A PREVIOUS PROJECT
I>RfPARfO BY iHlS ARM fOR mf FJ.ORJDA DF:.PARThlENT OF p'RorrcnON:
PRO,/[CT NAME lAND ACQUISTUJN SURVEyl APPRAISAL MAP
, I'dNTER SPRINGS roWN e[f.l7fR .
GRE~NI'lAYS AND TRAILS PRo..Jf;Cr
D.E.P. OFFICE j076rJO
AND ARE: BASED ON THE' NOR1HEAST'ERLY RIGHT OF" WAY liNt: OF STATE:
ROAD 4-34 AS PER flORiDA DEPARfMCNf OF TRANSPORTATION RICH1 OF
WAY MAP SCCl101-1 77070-251.$ B8NG soum .J8'4.]'[&" [AST.
'\. ~~.
'~~r~
L(!f 4~9'lc....!'
~<() 01-/
LOT 28 j:A
. BLOCK "B" SHro
THE Lf\"( G~.NT OfJ lfl.J\E: JESSUP I f'l'i o.!'P,
. D.I?, IIJiCHEiLS SUR\otY OF porce()tREO 9'1' .
PLAT BOO< r. PAOf 5 .e '7
(:;:E~r 3
)~5' ,
~;:::
f<.~t
~/
't POfNT OF
TERMfNATIDN
EASEJl.tNT ;3
HOOSe' 0
lOT 29
BLOCK "a"
THE: lEVY GRANT ON V,XE JESSUP
DR, MlTCH[US SURliEr OF
EASEMENT '1
15' ACCESS
EASEMENT
m w. w~~;b~~~~~~~~~_ "".!
j.t~. 1<0. (407) 4.2;?-O.:)7 I'b.x. Ho. (401) ~~-ea15
: UCeJ.'S!;l) e us nn:ss- It'a.. :rrT8
ORDER NO'.: 101A5B,' SCALf: ]"= /00'
FILE": SX i$9BS::S2
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~~~~~ ~;: ~I ;Jt~. i'l t:::. '
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/ ~ ~ '0l r;:;:j N-- '
NATIONALSCENlC ~~~ ~ "- 1111 ... ~~ )'"{' \\,\'
TRAlL&CROSS :::: I, I~ ~ v_\'\
SEMINOl.ETRAlL ..""tX" ~ . ~ ?\
Legend A . ~ ~"li:sJ),) 'a~ .
~ lltumbcfloSubf.ct . \ -y( ~/ ' \ "" ~~9"(0v
~ At'iu1stloaPmch , ~ \ ~~' brt. f,/ ~~ 1~~'0V/'\\
ES:3J at)' O,.acd ...., )
_ Cltypurcbutae .
~v.} rOJ'e ~ ~~'x"..., Q~ 1Irl..
[[[]] Fat,," OCT AC'iulslloa ~ ~ ...............,- '" ,
}>.re<1s
~ v"z~ oD
tf'6:jrl ,@~ ~~ D
J~<?o
7~Q ~ ~~
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// ~ Proposed
Flyover
tf) t-cltxl t"" ~ tx:I '
,t: ~x (ll ~ x
0" QQ =r' ~ QQ =r'
...... (lll-" (Jl (ll .....
(ll 0" (ll 0"
~ WI-"'''; N.....
tIl CXlrt Z t-' rt
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zt-n HI
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~ "
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......
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Lake Jessup
'Wi
G~~\vX'~&tKQiS
i ~ Winter Sprmgs ToWl! Center
o
- ~, ... Acquisition Project
~
1--.:.1 "
.'
N
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s
pOll tJ . l' W"
~
Legend B
~ S<brtm.ber o"Ded
~ PrOpo>edElcbaae~,
'..... S12lt O"D.d '.
Propooed Elchaae'
-=- E>:\JlIaeTriu
---= MalDSl".l
o TrailHead'
, _, PrapO>ed Tran
, '
~4~18/2ee1 11:11
8565265947
BONDURANT AND FUQUA
PAGE 11/19
EXHIBIT liB".
Sheet 1
See Sketch ofDescnPti.oo.
Included as At~hro.ent nAil ,
'!
.,
i .'
,
EASEMENT 1
lS' ACCESS EASEME~T OVER L.ANDS
TO BE Ac;QumED :BY FLA. D.E.P.
That part of Lot 28 and Lot 29 Block ":6111 D.R. :MITCHELL'S SURVEY OF THE LEVY GRANT
ON LAKE JESSUP U$l:ccordcd in Plat Book 11 Page 5 of the Public Records of Seminole County,
Florida, more particularly described as,follows: '
CotnD;lence at the Northwest CQmer oisaid Lot 28, Block liB", D.R. MlTCEELI)S SURVEY OF
THE LEVY GRP..NT ON LAKE JESSUP as recorded in Said Public Records said point being a
. recovered 3/4 inch iron pipe; thenCc run S 18 D 58~811 W along the West line of said Lot 28 a distanCe.
of 720.17 fect to the North Right of Way line of First Street (a 30 foot unopened right ofway)j
thence run S 71 024105f\E alqng said North right of way line for a distance of 488.48 feet; thence run
N26024IOSf\ W a distance of8.35 fcet to thcrOlNT OF BEGINNING ofa 15.00 foot wide strip
of land lying 7.5 feet on each side' of the following described line; from sllid point run N 89039'3311
E a distnncc of25.00fcct; th.ence runN 69013'52" En distance of2Q,QO feet; thencc run N 43051129"
E,a, distance of36.82 feet to th~ p<>int ofT crmination of said line, The side lines. of said 15 foot strip
of land arc to lengthen or snorten to intersCct at property lines and to close and bound said described
line a,.s necessary.
. Containing 0.028 acres more or l~ss.
,j"
T01-~8"IU
. . :...~"?2
,~. ,..
Thi~ dcscriptio~ and the nccom,ptlIlying ~ctob. or
skc~ has been prepared in accordnJ:1c-c ,with tho
Stsncia1'd$ set forth in Chapter 61 G 17. F.A.e., pursunnt
10 ~ 177 uod 472, BocidAStntutcs: Un1~s it bears '
the signat:urc and the original rWed-:ScL\1..?f a Florida
li~ surveyor nn.d IDapper this~d.r~g.. skctcQ" plat
Cf IDllp is rOt' inUx;mntio1l.lll purpoxi'only.nnd~ not ~1id.
~/I/~~' ~.
ARTHUR W. roCKER. P,L.S. #4381
D~tc; :2 -/(. - 01
Prepnred by:
TiIlkl"I'uugh Surveying Services, Inc.
, 379 W~~ohiganStrcc~
Suite 208
OdllDdo. Floridn. S:2806
(407) 422-0957
~~.
, ey.A~_~]:,J:gf1
Exhibit A
Page 13 of 38
Sublease No. 4337-01
tr.l"'tzl
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NUMBER BfAi?lNG
1I N 89:19'.)J" E '
12 /oJ 69-,J'52" E
l.J N 4.3'5/'29" E
fA U J.3'1f2S" E
L5 N 31 ~9"O7" E:,
l.6 II .39'07"22" E
l7 - ff 29'0.3'09" E
l8 N .50'..l3'40" E:
DISTANCe:
25.00'
20.00'
36.82'
JI.QO'
60.00'
go. OCr
75.<10'
45.00'
D.'?AmV BY: R. NIETO
DATE: 2//5/01
SKETCH OF DESCRIPTION
- ".. NOT' A SURVEY'~-
NOrr:S;
,. THIS IS Nor A SURVEY..
2. BEARINGS SHOWN HEREON ARE DERI'IC:O FROM A PRE\1OUS .PROJEtT
PREPARED BY lHIS FIRM FOR THE: FLORIDA DfP"RTJ..IE:NI OF PROTECT/ON;
PROJECT NAME: lAND ACQWSno.'J SURVEY! .APPRAISAL MAP
WNl'ER SPRINGS TOWN Cnm:R
GRfENWA'r'S AND 1lMrt.S PROJECT
D.EP. Or-71CE jfJ7680 .
N1D ARE BASED ON THE tlo.cHHEASTERtY RIGHT OF \'fAY UNE OF STArr
ROA[j 4-.H AS PER FL0.'1l.DA DEPARmfNT OF TRANSPORTATION Rl~r OF"
WAY MAP SECllON 77070-2516 BEING soum S8'43.'16- EAST.
~
Tinklepaugh ." .~
" SURVE'l'\t{G SffiYlCES. INC. '
31P \'I, U:<:?\:gon Slr'4ct. Sv.l. 20S - Orlcrldo, non~a , 32806
T..te. N". (40"1) <4~-Cr?S7 Yu lie. (~07) ~2Z-6"15
UCEt-iS'W troSL~i:S3 J1Q. lIn8
'\..l'.?eo'
hJ'Ir ~
I.a'(} o#".>:~. l$-,c
1"<<0 Cq
[ ~:/
t'\~
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A ()... (..~.
~ >-r . f1I-' U'
p(lfC~~ e-{
to ~ J'/rfiJ L 7.
~fl1O'5 ,
15- ACCESS,
EASEMiT
lAb_ Po;' ,
Cr1-~ 1"0 tfe/ (1
, ~r~~-fr:o-..I!'.
POlNr . J;l:>';>Q~ Dr
1/5' Of"" [),
rNOIi'/Jt /? -1ctF.ss .fG'hVNr,y,
. Vw J. ,<J<;'rv ()
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, lOT 28
BLOCK "B"
THE LEVY (;RANT ON UJ<[ JF:SSUP
D.R. WTCHEllS SURVEY OF
PLAT BOOK I. PAGE: 5 .
POINT OF
~MJNA110N
ORDm NO.: 1OtA58
SCALE: I"::: 100'
FlLE: SX 16986-82
HOUSe '0
LOT 29
BLOCK "8"
THE LEVY GRANT ON LAKE: Jf."SSUP
D.R. MlTC1-1El.lS SURVEY OF
PiA T 800K I, PAGf.' 5 ~ '
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8565265947
BONDURANT AND FUQUA
PAGE 13/19
Sheet 1 "
See Sketch- of Description
Included as Attachment nAil
EASEMENT 3 .
IS' ACCESS EASE:MENT OVER LANDS
TO J3~ACQIDRED 131' Fla. lJ.E.P.
That part of Lot 28 and lot 29 Block 11;811, D.R. MITCHELL'S ST"JRVEY OF TEE LEVY GRANT
ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public R'?COrds of Sen:iinQ~e County,
Florida, more particularly described as follows:
Commence at the Northwest comer of said Lot 28, Block IIB"l DoR, :M11CHELVS SURVEY Oli'
THE LEVY 'GRANT ON LAD JES~UP as recorded in ~d Puhlic Reoords said point being a
recovered 3/4 inchiroD.pipe; thence run S 18Q58'28" W along the West line ofso.i.d Lot 28 a distance.
of 720.17 fcet to the North Right of Way line of First Street (a 30 foot l)I1oproed. right of way);
thence run S 71924'OSfi E along said North right of way line for ~ distance of 488.48 feet; thence run
N 26Q24'05" W II distance of8,~S feet; thence run N 89039'33" E a d.istmcc of25. 00 feet; thence run
, .
N 69111315211 E a distance of20.00 feet; thence run N 4305112911 E a distance of3~,82 feet; thence
ruJ.!.,N 33 0 11 '28" E a distance of31.00 feet to W the POINT OF BEGll'WlNG of a 15.00 foot wide
strip oflWlQ lying 7.5 feet on each side oithe following'described line; thence from said point run N
31 <139'0']11 E a distance of60,OO feet; thence run N 39g07'2Zl1 E' D. distance.of90,OO feet; thence rurt
N29003I09/1 E a distM.ce of75,00 feet; thence runN So03314{)K E a distance of 45.00 feet to the point
ofTerminatlon of said line. The sidelines of .said lS foot strip ofland are to lengthen or shorten to
inter~ at properly lines and to close and bound said describeO line as necessary.
Containing 0.093 acres more or less.
\i~..
Prepared by:
Tioklcpaugh surveying S<<vi~llnC.
379 West lvrichignn St.rect
Suite 208
Orlando, Floridtl 32S0G
(407) 422-09S7
TO l-A5~~=?,:. \
.4\"'\~
. ~ '~' ~..,.
, . .,.
This description and the a.ccolJlPQi\yiDg ~tch or
sk~ w \xx;n prepared. in llCCO~ willi tho
StaI:ldnrds set .(QrtA in. Chaplcr 61017, F.:.4.C., ,FUl"$\WIlt
to Cbap~ 177 DIxi 472, BoridA S~~ un1~ it 1x;ars
the sigrurture and the origin~ r~ ~ ota Fls:rida
1iccn.9cd 6W"I'<;)'01" zmd JlUIppc:r this cirlI,WinS, .sK9tcb. pl....t
Qimap is forinf~~ oo1y aod.is not vnlid.
~~~
ARTIIUR W. TUCKER. P.L.S. ii 4381
Date: 2.. ~lt.,. 0 f '
I .
e51V\' AP?~ .
.' ,(~ oate2:J..1}:.g/
Exhibi~"'~'
Page 15 of 38
Sublease No. 4337-01
C-i'.M-.._,o Or.
Orpu.:;- TO eel ./Co
4<- ~e<f -1 lJ
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POIN,. ~~ Oy
18. Op e.
fNOR . -1~ ~6}'NM.
lff R..-1y C'1'1.~c-., I'Na?
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N 89'.39'.3.3" E
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N JJ:J9'07" E
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SKETCH .OF DESCR(~TION
... NOT A SURVEy.... , '
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NO TES:
r. 7HIS IS NOT A SURVEY.
2. SrARINGS SHOWN' HEREON ARE DERIVED FRO.'J A PREVIOUS PROJECT
PREPARED BY lHIS fiRM fOR mE FtORJDA DEPARTMENT OF 1'.RorrcnON:
PROJECT NAME: lAND ACQ(}lSnON SUR'fc'l'/ APPRAISAL /JAP
WI.VIER SPRINGS TOWN CC:IlTfR .
CRffflWAYS AnD JRAILS PROJECT
" . D.E:.P. OFFICE" f07680' ,
AND ARE BASED on rnF: NOR1HfAS1'ERLY RIGHT OF WAY LINE" OF STATE
ROAD 434- AS PER FlORJDA DEPNWJE:Ur OF TRN-ISPORrATlON RiGHT OF
I'IAY MAP SECTION 77070-251S BEING scum Ja'..jj'[S'" E:AST.
DISTANce
25,00'
20.00'
.16.82'
31.()()'
60.00'
90.00'
7S.DO'
.;s.oo'
LOT 28
BLOCK JIB"
mE LEV'( GRANT OM lAKE JESSUP
*:/
~\~
;:
HOOSE: '0
lOT 29
BLOCK "B"
THE' lEVY CRANf ON lAXE JESSUP
DR. WTCHULS SURVc:Y OF
EASEMENT '1
15' ACCESS
EASEMENT
Tinklepaugh ~
SURVUlN ~ SERVICES., me.
J79 w.' ~:cll;SlM ~t. Su'i1. '20~. Otfond<>. floMQ :3'2605
701.. }<o. (~07) ~~-O;~7 ru. tio.. (401) .(:12-0915
UCE)."$ s:J> I! ~ n"~ Iio.. :!:7T8
ORDER ND-.:T01A58, SCAIE":'l"= 100'
FilE: SX iS986~B2
DRAWN BY".: ft: NTETO
DATE: 2/15/01
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NA.JT~dIf5rJC ~~J[ III/II U~If(C..~--.... 1'0~
SEMINOLETRAlL ~^..; ~~:::::::::.. . i<' ex
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L<Z,ndA ~ ~,,~c- '?. ::\ tl1-.J) 'a~ .
~ ~~";ttl,!;:~}..t,' \ f~ ... r ~ ~2(~0)\\
~ city OWDCd '\\ '~ s - ~ ,B~~~{" :>.) ,
~ C1l1purcbuluz . ~~ lJ")'t '0,< ~~~~a~ ~~
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// .;~/7 ~ Proposed
/ ./ ' Flyover
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Lake Jessup
U
G~t\\vX\~&tK~iS
Winter Springs Town Center
Acquisition Project
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-
ATTACHMENT B
ATTACHMENT "E"
TO APPLICATION FOR ACQUISITION OF LANDS
DEPART"/l.1ENT OF ENVIRONMENTAL PROTECTION
OFFICE OF GREENWA YS AND TRAILS
WILLING MANAGEMENT CERTIFICATE
FOR ACQUISITION OF LANDS OR WAITRWAYS AS
P ART OF THE FLORIDA GREENW A YS AND TRAILS SYSITM
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,R. 434, Winter Springs, FL 32708
Address of Location of Project
FROM:
City of Winter Springs
Name of Managing Entity
Charles Carrington
Name of ContactlRepresentative
1126 E, S,R. 434
Address of Managing Entity
Winter Springs, FL 32708
City, State and Zip Code
~ 327-1800 ext, 319
Telephone
.J:407} 327-6695
Facsimile
City of Winter Springs
Name of Project Sponsor
1126 East S.R, 434
Address of Project Sponsor
Winter Springs, FL 32708
City, State and Zip Code of Project Sponsor
~ 327-1800
Telcphonc
~ 327-6695
Facsimile
DEP Porm IIOGT-]
Effective leffective date of rulel
1l1e w1dersigned representatives of tlle Managing Entity and Project Sponsor named above
hereby ratify and confirm:
(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 Greenways 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:
I
A. Operate and maintain 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 confirm:
MANAGING ENTITY:
PROJECT SPONSOR:
City of Winter Springs
(printed Name of Managing Entity]
By:~~ L-):lnc
Print Name: Ronald W. McLemore
Title: City Manager
City of Winter Springs
(Printed Name of Project Sponsor]
y: L....
Print Name: Charles Carr in on, CP
Title: Community Development Director
DATE:
February 25, 2000
DATE:
February 25, 2000
DEP Form #OGT-J
EfTective [efTective date of rulel
-2-
ATTACHMENT C
Telephone 407 327-0398
Fax: 407 327-2355
e-mail: JuanitaBlu@aoLcom
Lewis and Juanita Blumberg
Post Office Box 195430
Winter Springs, Florida 32719-5430
L\l~~[dOW~LQ)
fJ~AV 0 1 2002
CITY OF WINTER SPRINGS
Community 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)
':, , .
~.
OAS1
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
OFFICE OF GREENWAYS AND TRAILS
SUBLEASE AGREEMENT
WINTER SPRINGS TOWN CENTER
(5.92 acres)
Sublease Number 4337-01
THIS SUBLEASE AGREEMENT is entered into this
WM,
DEP~MENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS,
7ib
day of
20~~, by and batween the STATE OF FLORIDA
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 :mbleases the below described premises to SUBLESSEE on the
following terms and conditions:
1. ACKNOWLEDGMENTS: The parties acknowledge that title to the subleased
premises is held by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida ("TRUSTEES") and is currently managed by
SUBLESSOR as the WINTER SPRINGS TOWN CENTER under TRUSTEES' Lease Number 4337.
2. DESCRIPTION OF PREMISES: The property subject to this sublease agreement
is situated in the County of Seminole, State of Florida, and is more
particularly described in Exhibit "A" attached hereto and hereinafter referred
to as the "subleased premises."
3, SUBLEASE TERM: This sublease shall commence on P ,?-c!)IJtJ~
and end on August 30, 2051 , unless sooner terminated pursuant to the
provisions of this sublease.
4. PURPOSE: SUBLESSEE shall manage the subleased premises only for the
conservation and protection of natural and historical resources and for
resource based pUblic outdoor recreation which is compatible with the
conservation and protection of these public lands, as set forth in subsection
269,032(11), Florida Statutes, along with other related uses necessary for
the accomplishment of this purpose as designated in the Management plan
required by paragraph 7 of this sublease.
5. CONFORMITY: This sublease shall conform to all terms 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 conformance with this sublease.
6, QUIET ENJOTI1ENT 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.
S. 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
times to inspect the subleased premises and the works and operations thereon
of SUBLESSEE in any matter pertaining to this sublease.
10. PLACEMENT AND REMOVAL OF EQUIPMENT: All buildings, structures,
improvements and signs shall be constructed at the expense of SUBLESSEE in
accordance with plans prepared by professional designers and shall require
the prior written approval of SUBLESSOR as to purpose, location and design.
Further, no trees, other than non-native species, shall be removed or major
land alterations done without the prior written approval of SUBLESSOR.
Removable equipment placed on the subleased premises by SUBLESSEE that do not
become a permanent part of the subleased premises will remain the property of
SUBLESSEE and may be removed by SUBLESSEE upon termination of this sublease.
11. INSURANCE REQUIREMENTS: During the term of this sublease, SUBLESSEE shall
procure and maintain policies of fire, extended risk, and liability insurance
coverage. The extended risk and fire insurance coverage shall be in an
Page 2 of 38
Sublease No. 4337-01
amount equal to the full insurable replacement value of any improvements or
fixtures located on the subleased premises. The liability insurance coverage
shall be in amounts not less than $100,000 per person and $200,000 per
incident or occurrence for 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 minimum 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 claims.
13. PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSEE shall assume full
responsibility for and shall pay all liabilities that accrue to the subleased
premises or to the improvements thereon, including any and all drainage and
special assessments or taxes of every kind and all mechanic'S or
materialman's liens which may be hereafter laWfUlly assessed and levied
against the subleased premises.
14. NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in anyone or
more instances upon strict performance of anyone or more of the covenants,
ter.rns and conditions of this sublease shall not be construed as a waiver of
such covenants, ter.rns 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: 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 Section 253.04, 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:
Office of Greenways and Trails
Florida Department of Environmental Protection
3900 Commonwealth Blvd., M.S. 795
Tallahassee, Florida 32399-3000
SUBLESSEE:
The City of Winter Springs, Florida
1126 E State Road 434
Winter Springs, Florida 32708
22. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should SUBLESSEE breach any
of the covenants, terms, or conditions of this sublease, SUBLESSOR shall give
written notice to SUBLESSEE to remedy such breach within sixty days of such
notice. In the event SUBLESSEE fails to remedy the breach to the
satisfaction of SUBLESSOR within sixty days of receipt of written notice,
SUBLESSOR may either terminate this sublease and recover 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 ter.mination 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 promises. 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
ter.mination 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 perfor.m
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)i 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 ter.m, covenant, condition or provision of this
sublease shall be ruled by a court of competent juriSdiction to be invalid,
void, or unenforceable, the remainder shall remain in full force and effect
and shall in no way be affected, impaired or invalidated.
31, ENTIRE UNDERSTANDING: This sublease sets forth the entire understanding
between the parties and shall only be amended with the prior written approval
of the TRUSTEES and SUBLESSOR.
32. EASEMENTS: All easements including, but not limited to, utility easements
are expressly prohibited without the prior written approval of the TRUSTEES
and SUBLESSOR. Any easement not approved in writing by the TRUSTEES and
SUBLESSOR shall be void and without legal effect.
Page 6 of 38
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 sarne 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 per.mits, regulations, ordinances, rules, and laws of the
State of Florida or the United States or of any political subdivision or
agency of either.
37. GOVERNING LAW: This sublease shall,be governed by and interpreted
according to the laws of the State of Florida.
38. SECTION CAPTIONS: Articles, subsections and other captions c~ntained 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
GREENW YS AND TRAILS
Pw~
print/Type Name
Title:
As~\ sknL1)i r-e.G-bY
Print/Type Witness Name
"SUBLESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this . "30+!1 day of
~~ 20.Qb.., by SU7..o..nne P. Wo..\ Kef , as
A I I\t 1)\ V'PL,~ of the Office of Greenways and Trails, Florida
Department of Environmental Protec n, who is ~e nall kno to
~~CTh;;~df;d
print/Type Notary Name
Commission Number: ~,'i>>\~:~~!ii;~,o, CYNTHIA RAE RADFORD
~i f*;' i~ ',.~ MY COMMISSION # DO 032376
,: (~":':?:h"/ EXPIRES: October 6, 2005
Coinmission Expires: ~i ','J! i:::~'~:;" Bonded Th,u Notary PUDllc UndelWrite",
"~'~<<~Iff::.i.\i',~:::~;...:::.:.,. ~~.
Page 8 of 38
Sublease No. 4337-01
print/ Name
~~ W~. P cU~o-.L,w
~tness __
-:r().'r'llc:.~ ?Cl \\~&\n\)
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF ~11"-.\O L.-.G"
The foregoing instrument
~ ,
.~ <ll.~I\\l2""
'');c<J~ ?~ ~.:?'ILL..
and
and
Council of
produced
Winter
Springs,
Consented to by the TRUSTEES on
Page 9 of 38
Sublease No. 4337-01
FLORIDA
By:
PAUL P. PARTYKA
Print/Type Name
Title:
MAYOR
(OFFIC:r.A!..o eEA!,)
Att.st~~<f-(Q "
\)'E'..~r)\l1I \.r\ L" -'- ("2:i,~ (~
Type Name
Titl.'\Jefl&~ e ~\ ~'I'.-D L
"SUBLESSEE"
was aCknOWle~fore me this' 02--y..~ day of
20<:J~, by I ~-F~~,
1'-1A~
as
respectively, o~ the City
Florida. They are pe~allY kno~~to me or
elL . C"ifiC:~
Notary Public, 'State of Florida
~~ k~_~~
Print/Type Notary Name
~ . -...
Commission NUmber:
Commission Expires:
~ .,...
' ANDREA CORENZO.LUACI9
MY COMMISSION I 00 lI~i lijl
EXP\RES;Mly9,~
~ ~NQl'A~ 111"'.'''I~~&,,~r9'~:~
CONSENT
day of
, 20_
Gloria C. Nelson, Operations and
Management Consultant Manager
Bureau of Public Land Administration,
Division of Stat~ Lands,
Department of Environmental Protection
Approved as to Form and Legality
By:
DEP
Attorney
I '.E:tiIibi,t HAll>
PARC~'L l'
That part of Lot SO 13lo.k "B", DoR. '/IUTCFf];!.:!;$ SURVEY 011 T.!IE :LEV\' GRANT ON :u:KE
JESSUP as recorded ill plat ;Sook 1, Pll~e 5 ,of tile :p.ub:iic ",B.l;~o);'dtJ of Seminole Cocnty, A'lorida, mql'C
particulady described as follows:, '
. '
Comm.n.. at the Norlh..,..,t cora.r Of Lol28 Blaclt "B" DoR. MITC)3Ji:l.L'S SURVEY OF nm
LEV\' G).\J\N'J.' ON LAKE ,ms5UPllS ,.corded 10 >aid I'nbJJe Re.ords, sald point being a reco~.red ,
3/4 ;neldr<>n pipe; ,Mocc ",n S 18'58';LS" 'W .10og the W cslline of"ud l.ot 2S ~ di,tan.. 0[720.17
r"t; to tho North Eight orWa,' Hoe oU,rS< 5t"et (^,O foot nnepecod right of my); thon"" run 5
71 '24' 05" E olong ,aid North rieht of woy line Ie r a di,U}nco of 1154.'7 feet to ,bo POINT OJi
:BEG l1'<"l'lrNG; thcn.. contlnue 5 71 '24\05" E fa r 0 distancc of 402.67 fect; then'" N ,9'W'S" :e fora
dj,tnnC4 or>5.21 r ,et; theneo N 15'43',2" VI foro d..unCO of21.21 feet; theOOC 1'1 60" 4S ',2" W for ·
d istonc' of 95.56 feet; thence N 71 '24' 05" W fo," distnnCO of30 l.47 rcot; thcnco 5 63'35' 55" VI fo' a
dist.n" or21.2) feet; thence 518',5'55" W for a dist>n" 000.00 rcot; thcace S Z6'24'05" E for ·
qi3t1l.IlCe Of~l.~l fedi to tha poU'iT OF BEG:x:rfNING.
AJ:ro
l' A:RCEL:Z
Thntpnrt of Lot 29 end L.t 30 1l10el,."D", D.R.MIT.CIIELL'5 5URVEY OJinm r;;.Vi GRANT ON
will mSUl' as recorded in Plut Bool<), :1"80 5 or the poblic Records ef Seminole County, Florid",
more particn1.r1y d",eribed as folloW" .
, CQlnmence nt the Northwest corn" of Lot 2Il lllool' "B" P.I\. MITC!l:EUJS SURVEY 0).1' 1:B:E
l.EVi GRANT ON LAKE JESSUl' as rc<ordcd in ,>ill l'nblic Record" ,oid point being a recevered
,/4 in eh iron pipc; tbenee run'S 18'58 '2Il" W .long the W cst lino ofs,ud Lot Z8 · di,tan ce of 720.11
foet to the North Rigbt of way Uo. ofJiir>t SO'cet (030 foot noo.pened right of way), thence run $
.11'24'05" B :>long said North right of my lio' for a distance 00015.35 fcot to the l'OINT OF
BEGINNIN G; thence cantin uc S 11 'Z4 '05" E for a discmco 0189.). feet; thence N 5:l' 35' 55" E. for n
<lis",o.. of 21;1, , fcot; tbonee ruu N 18'35'55" E fer ^ di,Wl" 0<30.00 feet, then"" N .6"24' 05" W fur
o di,t.nee .f.l.il feet' thence N 71 '.4' 05" W fo r" distance of 89.12 feet; thenCe S 63',5'55" W fe r 0
d..'.... cO 1.Z1 fect; theo"" 6 1~'35' 55" W. for' "..",n" of 3 0 ,00 root; the. co 6 Z60;;4' 0 5" E far ,
disttnco oiZ1.21foeltO the POUlT Oji BEGl1'<"NIIlG. .. . .
AND
. '
" , "
, '
'rhnt part or1.ot za .Ad Loe Z9 Bleo!< "13" . D;g.lYlJ:):cm;LIf S SURVEY OF THE LEV\' GRAl'tt ON
L~ JE$SUJ.' as reoorded in rlat :Bookl, Page 5 e!tho hblie Re~rd, of Semlnele County, Florldn,
,,1'-''''1'',).. ~. T 1 d' 'b-.J r 11
.' ,~ !:~O;t.-'IUl~~lcu4..r y e:lcn 1."\1 as..o om:
"
pA:RCE1.~
I
Comm' nco At the N orlhwcst comer ef soid Lot 18. Bled' "E", D.I\. MITCW;7.r.' s SURVEY OF TIIE
.~~
Bt~'(Aji;';:'
WlntN Sprln", To"'" C~,,=/Ohim""rll
SC11l1nol~ COllnt)'
h~~ 1,ot3
....'-"-"
./
Exhibit A
Page 10 of 38
Sublease No. 4337-01
~EVY GR.ANT ON ~ JESSUP as recorded ~I1 s-~itI I'ublic Records .said point being.:1 r~oYcrcd
3/4 ine~ il'otl pipe; thence rUll S lso58'Z8" W nlo:ug 111,c West line otsai<<;LQt Z8 11 dis~'Ilca of 720.17
feC!ti to the North RIght arW~y 11no Of First Street (:;130 foot u.nopened l'~ght or Tlar) 1 then~ run S
7+024'05" E ;tlong s,aid North right Qfwaj' line for ~ distlUlce of 488.4& ~oe1 to the 'POINT OF
BEGINNING; t?en~c continue S 71 024:'OS'~ E for a distIDJ.ce of 47 6.81 fee1j tb.CllCC N 63~5'55'1 ~ for ~
. distnncc of21.'21 foeti thence:N 1~o35'5S'f:E tor 2. distmlcn Qf30.00 fecti thonce N 2GOZ4'OS" W for.a
dlst.2l:ncc oD1.2:1. f~t; then.ce N 71924'0511 W fora distance of47G.S7 feet; th en l..'C S 63"35'55" W for n,
, disullce 00.1.2;1. fCl;}t; {uencc S 18035'5$" W for a distanCe! of30.00 fect; thcnc.ll S 2QOZ4'05" E for n '
dlsUJ.:1CC of11.:21 feet to th~ POINT O)! :BEGINNJ:NG. . .
..A.ND ,
pAX{CEJ:.4
',('lmt p~rt Qf.Lot28 and Lot 29 Blol:K ":Bll,D.R.MlTCl.mX-!}SSURny OF TEE LBVY G:R.Al'IT ON
LAJ:(E JESSUJ? D..').l'eZ::Ol'd<::d in Plat Boole 1, :P~go S of the Public: l'{coards of Si::nllnokCounty, Floddll,
more particulArly' dcscrih'ld as follom:' I
. .
Commence iltthc NoriliwestcOl'Xlcr ohaid Lot28, Block "BOl) DJt MlTca:EU)S SURVEY OFTBE
r...:EvY GR.I>.N1.' ON I,AKE J"ESSUP,.as recorded in said :Public Rcc:ord5 said point being ~ recovered
3/4 inch iron pille; thence run S lSQS812811 W a10ng the West li.o,c of s~id LOt 28 a distll.DCC of325.09
feet; thence lcn:ving .said West line of Lot :z.S run S ?1 OZ4'05it E for.o. distance of3S5.54 fc.ot to the
POXN'T OF B'EGINNINGj thence S 1~?3S'5s'r W for a qi.stnncc oU30.00 fecti th~ucc S 15~3'S$11 E for
a distance of8l.ZG feet; thence S 1.9007'50" E for a disunce o!160.1;2 f~ctt thence 871 ~l{'05" E for a
dist.'lDCC Qr 458.29 fect; thenc:e N 180:35'55" E for n distance of137 5S fee~; tMl1ce N 71024'05" W for a.
dist:;tncC? of293..20 foeti thence N 00000100" West for a distance of200.02 fect; thence N 8Jo31f22" W
for 2. distance of 105.03 feeti thence N 71024'05" W for :l distnnce of 162.54 feet; to the pontr OF
BEGINNIN"G.
Together with 2: ~5 feet wide' enscDlltnt for ncc~~ ~Cl'OSS the following desct;ib ~ pnreel:
That psrt of Lot 28 and Lot 29 BlOck 1113 H, D,',R. :MITCHELL'S SUR'V'.CY OF TEE LEVY GRAlfI
ON LAKE JESSUP as reCorded in Plat Book X, Page 5 ofthe:P~ollcRecords of Seminole County, "
Florid~ more particul~r1y described as follow5: '
Commence.at the Northwest comer' of said Lot 2'S, :Block nEil, D.R. :M1.TCHELI}S SURVEY OF,
nre "L'EvY G~ ON LAKE JESSUP as recorded in said Public Records said point being a
reoovcccd 3/4mch ircnpipe; tb.ence~S 18058~n W along the West-line of said Lot 28 a distance .
of 720.17 feet to the North Right QKWay line of First Street (2. 30 foot unopened right OI\vay);
thence Tun S 71 o:2AI05.~ E ~o.Q.,g said 'North right of way line lOr-. 1\ dtstanCG of 488.48 feet; thence run .
. N260Z4105".W u clistance of835 feet; thence tun 'N Z9"39'33- E a distance ofZ~.OO feet; thence roil
N 69013"S2D Ea. dIstllhce of20.00 feet; thence nm N 430S1'29,,'E a distince of35.82 feet to to the.
FOINT OF :BEGlN.Nl1XG of a lS.00 foot llIide strip of land lying 1.5 feet on each side of the
folI~wiog dcs.cdbcd lli;le;.thencefrom satd poInt ran N 3~Ql i ~8\1 E a distance of31.00 feet to the
.' P.Ql~'~i:)F TERMINATION oflW-id line. 'The side llocs. of Sai,cj. 15 foot strip oflind :ll'~ wlen,gthcn
, or shorten to int~rscct at'property lines and to close and boupd scici dcscn'bed lin~ as necessary.
,
, WiMCt 5'ptlnQt T~wr>Ccnl<:VDl\lmlx:q;
, :>>n\J\olc CO\m~
1'~c2 QrJ
8SM~
8y~'2 ...~j..:.,
,j
Exhibit A
Page 11 of 38
Sublease No. 4337-01
i '
AND
PARCELS
Ths:t p~rt o:f~t 28 Block-'.'B", D.RlVIITCRELL"S SURV:E:Y OF TIIE LtV'X" GRANT ON I..AlQ!',
'mss'trP ~ l:"oc</rd~ in J.>X:;1ot :6Qolc 1, :P~gc 5 oftuc .Public ~OCQroG QfSctnSnolo ConIl.tYl Flodda, being
marc particuln..rly a~8cribctl :cI rouows~ .'
J3~g5,l;1. at the Northwest corner \If :laid Lot ~8, 'Blod, "BII, D.R. MlTC:I-rE;r..,VS sURny OF TEE
un GMN'I' ON LAKE J.ESSUJ? ~$ r~cordcd io s~id)?'u cUe :R~ordsl said'pou"t being.3o rCl;ove:rcd
3/4 inch iron pipe; thence r~I1 S lsoS81~SIl W %11ong the West lino of said Lot.23 2..<iist7.nce of,265.09 '
feet; thence l~"I'i.ng ~aid Westlino ofLQt;2.8 TUll S 7101..4'05" E ~ fordwt:ancl: 0:1275.1.5 fectj thcnce~
1803515511 E for i\ distance of2G5.13 feet ~o tho South Right o!Wny )~n<i ofSccond StreQt (a 30.00 foct
right ofw:lY); thcn~C N 71024'38" W along said Sou.th Right ofWny l'il:le ~or n dista:ncB of213.41 rcctto
-the POJNl' OF DEGINNlNG. '
!'
. ..
, ,~, ~
" ';f~t.7 .
. I . ".
WiOIC1' $pnoJ:I 'l'DWll QlnLCrlBlwnW~
c."",l,...wC~'l.l
I':l/;O :l 0 t:l
~~~
~~~'
.~
Exhibit A
Page 12 of 38
Sublease No. 4337-01
~4~18/2BB1 11:11
8555255947
BONDURANT AND FUQUA
PAGE 11/1
EXHIBIT liB",
Sheet 1
See Sketch ofDescripctoll
Included as At~hment nAil
EASEMENT 1
15' ACCESS EASEMEI:{T OVER LANDS
TO :BE Ac;QumED BY FLA. D.E.P.
That part of Lot 28 undLot29 Block "B"I D.R..M1TCHELL'S SURVEY OF nmLEVY GRANT
ON LAKE JESSUP as 1,"ccordcd in Plat Book 1~ Page 5 of the Public Records of Seminole County,
Florida, mor~ particularly described as,follows: '
COJ:nD;lence at the Northwest CQmer of said Lot 28, Block lIB'\ D.R. :MlTCHELLIS SURVEY DE
THE LEVY GRANT ON LAKE JESSUP as recorded in said Public :&,eoords said point being a
, recovered 3/4 inch iron pipc; thencc run S 1,8058'2811 W along the West lirie of said Lot 2.8 a distanCe
of 720.17 feet to the North Right of Way line of First Street (a 30 foot unopened right afmy);
thencc run S 71024'05" E 'alqng said North right ofway line for a distance of 48 8.48 feet; thence run
N 26Q24I05" W lJ. distance of8.35 fcet to the rOINT OF EEGll'fNING ofa15.00 foot wide strip
of IM,d lying 7.5 feet on each side' of the following described line~ from said point ruo N 89039'33"
E a disUlncc of25.00 feet; thence run N 159013'52" Ell distance of20.00 feet; thence run N 43 Q 51129"
E,u. distance of36.82 feet to th~ point ofTcrmiolltion of said line, The side lines. of snid 15 foot strip
ofland are to lengthen or shorten to intersect at property lines and to close llnd bound said described
line a,.s necessary.
, Containing 0.028 acres more or less.
,;
T01.M8:U
, ~,., ~~--~{.'1
I _ ,.
This description and the llCCOtnpwylng ~~h or
~ctchcs has been prcpm:d in accordn..u~, with the
Standards set forth in Chapter 61 017. F.A.e., purSUllIlt
to Chapter.> 177llDd 472, floridA Statutos:Unl~s it 'OCSIS '
the sigoature nnd the origio.D1 r~ico.l..?f A Florida.
li~ surveyor and mapper this~d.ray,Mg.. skctc~. plilt .
cr mnp is fOt' infot;mtltionhl PUlpOX~\Ully.nnd:is not VJuo.
a$~:"
ARTHUR W, TUCKER. P,L.S. #4381 .
D~t.c:: ;:2 -/(, - 01
Prepn..red by:
Ti:nk!cpllugh Survqing Services, In.c,
, 379 W~ 10J.chigcu1 Strcc~
Suite 208
Orlando, Floridn 32806
(407) 422-0957
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Exhibit A
Page 13 of 38
Sublease No. 4337-01
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NUMBER BEAF?lNG
U N 89:19'.3.]"' E"
L2 N 69-1.3'52" E
LJ N 4S5/'29" E
l.4 N .J3'''':le~ E
l5 N 3/ ~9'O7" E"
l..6 11 ..):9'07'22" E"
t7 - f{ 29'0.3'09" E
L8 N ,5(}'.J3'40" E"
DISTANCE
25.00'
20.00'
.36.82'
JI.Q(}'
60.00'
90.00'
75.{)O'
45.0(}'
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D!~AmV BY; R. NIETO
DATF: 2//5/01
SKETCH OF DESCRIPTION
- NOT' A SURVEY'~-
"'Z ~Co'
~~/\..
F},to J.'4V 'eo
'-a ... ~~. ~{E'
i":?<a '4
NOrr:s:
I. Tl-/IS IS NOT A SURVEY.
2_ BEARINGS SHOIYN HfRCON ARE DERIVED FR.OU A PREWOUS ,PRO~C:T
PJ?EPARED BY 7HlS FIRM FOR THE FLORIDA. DEPIIRTUEN1 OF PROTECno.'l;
PRO./ECf NAME: l.AND ACQUISTlON SURVEY! AP?RA1SJ..l MAP
~\1NJCR SPRINGS 1011-N CVJTER
GREE.NWA'rS AND m.A.llS PROJECT
D.EP. omcr {B7680 .
MD ARE BASED ON THE" No.'W-JEASTERL"t RIGHT OF WAY UNe OF STA1F
ROM) 4-.H AS PER FlO,<(lDA DEFARmENT OF TRANSPORTA nON RIGNf or
WA Y MAP SECllON 77070-:25J6 BEING SOUTH ..l8'4J'16- EAST.
1. ti,~
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i ftn. O.
parce;@l eo{ riI'-
ro BE lC/caJl L 7.
l1l'lOs
15' ACCESS,
EASEMiT
. LOT 28
BLOCK "8"
mE LEW (]RN-l1 ON LAKE: JESSUP
D.R. WTCHELLS SURVEY OF
PLAT BOOK I, PACE 5 .
HCUSc-O
LOT 29
BLOCK "8"
Tl-1e LEVY CRANT ON l.AKE JESSUP
D.R. WTCHEllS SURVEY OF
~r.OOK I, PAGfSI~
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_ -. ,..c\
ORDER NO.: TOIA58
~
' Tinklepaugh ." .~
SURVEYING SERVICES. INC, '
319 VI. U;cll;\lon SlN.t, SuOi. 20~ - CMcnd'. nori~o . .3Z806
T.lt, No. (401) ~~-0157 f'..x}to. (-<07) 4<!2-6,H5
lJCEH:fZO B1JSLI./t::5:S }lc. :lna
SCALE: ,":= 100'
FILE: S)( 15986-82
,j
" I
041.16/2661 11:11
85€l5265947
BONDURANT AND FUQUA
PAGE 13/1
Sheet 1 ..
See Sketoh- ofDescnption
Included as Attachment nAil
EASEMENT 3 ,
15' ACCESS EASEMENT OVER LANDS
TO :Sf.,; ACQUIRED BY Fl~. :O.E.P.
That part of Lot 28 and Lot 29 Block ":8U) D.R 111TCBELL'S SURVEY OF THE LEVY GRANT
ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public Records of Seniinole County.
Florida, more particularly described as follows:
Commence at the ;Northwest comer of said Lot 28, Block "B", D..R, ,:Ml1CHELVS SURVEY OJ;l
THE LEVY 'GRANT ON LAKE JES~UP as recorded in said Public Records said point bcins a
recovered 3/4 inch iron pipe; thence run S 18 c 58'28 H W along the West line of said Lot 28 a dlsUlnce'
of 720.17 feet to the North Right of Way line of First Street (a 30 foot unopened. right of way);
thence run S 71924'05" E along said North right of way line for ~ distance of 488.48 feet; thence run
N 26044'05" W u distance of8"~S feet; thence run N 89039'33" E a d.istancc of25.00 feet; thence run
N 69 Q 13152" E a distance of 20.00 feet; thence run N 43 051129" E a distance of 3~. 82 feet; thence
~N 33 0 11 '28" E a distance of31.00 feet to to the POINT OF BEGINNING of A 15.00 foot wide
strip of land lying 7.5 feet on each side oftb.e following 'described line; then~ from said point run N
31039'0]1' E a distance of60,OO feet; thence run N 39Q07'2Z" E' 0. distance,of90,OO feet; thence run
N29003'09/1 E a clist.Gl1J.ce of75.oo feet; thence runN $OQ33140~ E a clistance of 45.00 feet to the point
of Termination of said line. The sidc-lines ofsaid IS foot strip ofland are to lengthen or shorten to
intersect at property lines and to dose and bound said describeO line as necessary.
Contuining 0,093 acres more or less.
Prepared by:
This description and the llCCOmp~)'ing ~tch or
sketches ~ been flrcpared, in ucco~ willi the
. St.a.odnrds setiQrth in ChllpLcr 61017, F.::.~_C.,.llllr$lJMlt
to Chapters 177 lIIX1471, BoridA Stll~ unlc::s it 'cx;ars
the signature and the originD.l. r~ ~ 00 Flprida
~ GUl"I'~01" and m.appcr this ~ .sl(ctcb. plat
or map is forinf~~ oo.1y aDd"is not vnlid..
C:?~~
ARTIItTR w, TUCKER, P.L,S. 114381
Date: 2.../t.... 0 f
Tinkkpaugh Surveying ~~, Inc.
379 West Miehignn Street
Suite 20B
Orlnn.do, Floridl:\ 32806
(407) 422..{)!)S7
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Exhibi~~A..F(.
Page 15 of 38
Sublease No. 4337-01
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, .NUU8ER BEARING
11 N 89'.39'.3.3" E
'5$.: LZ N 69'1.3'52" EO
~ U N 4..)'51'29" E
to{ N .3.311'28" E
l5 N .JJ:J9'07" EO
LS N 39'07'22" E
L7 N 29'0.3'09" EO
L8 N 5{):J.)'40" E
DISTANCE:
25.00'
20.00'
36.82'
.JU)O'
60.00'
90,00'
75.00'
<;5.00'
DR;-tfu"l Br.: f?: MUO
DATE:: 2/15/01
SKETCH .OF DESCR(~TION
NOT A SURVEY -- , '
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NO res:
1. 7HlS IS NOT A SURVEY:
2. SEARmes SHOWN HEREON ME DrRlVED FRO.'J A PREVIOUS PROJECT
PREPARED BY 1HlS FIRM fOJ? mf F1.0RlD!. DfPARTMENT OF PRorrcnON;
PROJECT NAME: lAND ACQUISnOlJ SUR\1:Y/ APPRAISAL MAP .
m.vTER SPRINGS 70WN Ci:1m:R '
GRfOIWAYS AND TRAlLS PROJfCT
DEP. OFFICE fO 7680 ,
IlN() ARE BASED ON THE NOR7HEASTfRL Y RiGHT OF WAY UN/: OF STATE
ROAD 4-J'" AS PER FLORJDA DEPNW.lDIf CF TRIWSPORrA11011 RICfiT OF
WAY MAP SECTIOI'I 77070-2515 8f1NG scum J8'..jJ'r&~ EAST,
LOT 28
BLOCK "B"
THE LEVY GRANT ON LAKE' JESSUP
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f?<..t
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PLAT 'BOOK r, {>AGE 5
HO</SC: '[]
lOT 29
BLOCK "B"
THE l[Y"( GRANT ON lAKE JESSUP
DR. WTCHEUS SURVEY OF
EASEMENT'1
15' ACCESS
EASEMENT
Tinklepaugh ~
SURVEYiN~ SERVICES. me..
J79 ';{.' }.(:cll;9on ~!. S:UO:o 203-. Orlondc>. floMo 32805
7.k No. (407) QZ-O;~7 ID.x. No.. (.wI) ",~-0915
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ORDER NO.: TOIA58 SCIlUO: '1"= /00'
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"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
3/>5
day
of
~
20J)l, between the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as
"LESSOR", and the FLORIDA DEPARTMENT ENVIRONMENTAL PROTECTION, OFFICE OF
GREENWAYS AND TRAILS, hereinafter referred to as "LESSEE".
WITNESSETH:
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA holds title to certain lands and property being
utilized by the State of Florida for public purposes, and
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF 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 them for the benefit of
the people of the State of Florida;
NOW, THEREFORE, for and inconsideration of the mutual covenants and
agreements hereinafter contained, LESSOR leases the below described premises
to LESSEE subject to the fOllowing terms 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
situated 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 term of this lease shall be for a period of fifty years,
commencing on ~ 3/; !)/J(J/ and ending on ~gO;,~tJ5/: ,
unless sooner terminated pursuant to the provisions of this lease.
,j
4. PURPOSE: LESSEE shall manage the leased premises only for the
conservation and protection of natural and historical resources and resource
based pu~lic outdoor recreation which is compatible with the conservation
Exhibit B
Page 18 of 38
Sublease No. 4337-01
and protection of these public lands, as set forth in subsection
259.032(11), Florida Statutes, along with other related uses necessary for
the accomplishment of this purpose as designated in the Management Plan ,
required by paragraph 7 of this lease.
5. QUIET ENJOYMENT 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. 11ANAGEMENT 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 developed or physically altered in any way
other than what is necessary for security and maintenance of the leased
premises,without the prior written approval of LESSOR until the Management
Plan is approved. The Management 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 management activities and shall be reviewed jointly by LESSEE and LESSOR
at least every five years. LESSEE shall not use or alter the leased
premises except as provided for in the approved Management 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 times to inspect the leased premises and the works
~
and operations thereon of LESSEE, in any matter pertaining to this lease.
Page 2 of 21
Lease No. 4337
Exhibit B
Page 19 of 38
Sublease No. 4337-01
9. INSURANCE REQUIREMENTS: LESSEE shall procure and maintain fire and
~xtended risk insurance coverage, in accordance with Chapter 284, F.S., for
any buildings and improvements located on the leased premises by preparing
and delivering to the Division of Risk Management, Department of Insurance,
a completed Florida Fire Insurance Trust Fund Coverage Request For.m and a
copy of this lease immediately upon erection of any structures as allowed by
paragraph 4 of this lease. A copy of said for.m and immediate notification
in writing of any erection or removal of st1~ctures 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 Boulevard, Tallahassee, Florida 32399-3000.
10. LIABILITY: LESSEE shall assist in the investigation of injury or
damage claims 'either for or against LESSOR or the State of Florida
pertaining to LESSEE'S respective areas of responsibility under this lease
'or arising out of LESSEE'S respective management programs or activities and
shall contact LESSOR regarding the legal action deemed appropriate to remedy
such damage or claims.
11. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way
affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and h~storic sites on state-owned lands is prohibited unless prior
authorization has'been obtained from the Department of State, Division of
HistoricalR~sources. The Management Plan prepared pursuant to Section
253.034, Florida Statutes, shall be reviewed by the Division of Historical
Resources to insure that adequate measures have been planned to locate,
identify, protect and preserve the archaeOlogical and historic sites and
properties on the leased premises.
12. EASEMENTS: All easements including, but not limited to, utility
easements 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 writteri approval
Page 3 of 21
Lease No. 4337
Exhibit B
,Page 20 of 38
Sublease No. 4337-01
of LESSOR. Any sublease not approved in writing by LESSOR shall be void and
without legal effect.
14. POST CLOSING RESPONSIBILITIES: In an effort to define
responsibilities of the LESSOR and LESSEE with regard to resolving'post
closing managament issues, the parties agree to the following:
a.
After consultation with the LESSEE, LESSOR agree to provide
the LESSEE with the title, survey and environmental products
procured by the LESSOR, prior to closing.
b.
LESSOR will initiate surveying services to locate and mark
boundary lines of specific'parcels when necessary for immediate
agency management and will provide a boundary survey of the
entire acquisition project at the conclusion of all acquisition
within the project boundary. Provided, however, the LESSEE may
request individual parcel boundary surveys, if necessary, prior
to the conclusion of acquisition activities within theproje~t
boundaries.
c.
Unless otherwi~e agreed to by LESSEE, LESSOR shall at its
sole cost and expense, make a diligent effort to resolve all
issues pertaining to all title defects, survey matters or
environmental contamination associated with the leased premises,
including but not limited to trash and debris, which were either
known or should have been reasonably known by LESSOR at the time
LE~SORS acquired the leased premises. Notwithstanding the
foregoing, LESSOR will not be responsible for any of LESSEE'S
attorney's fees, costs, or liability or damages incurred by the
LESSEE in resolving any issue in which the LESSEE is named as a
party i~ any litigation or other legal or administrative
proceeding.
d.
with regard to all title defects, survey matters, or
environmental contamination associated with the leased premises
which were not JOlOwn or could not have been reasonably known by
LESSOR at the time LESSOR acquired the lea~ed premises, LESSOR
~
~nd LESSEE agree to cooperate in developing an appropriate
strategy for jointly reSOlving these matters. LESSOR
Page 4 of 21
Lease No. 4337
ExhibitB
Page'Z1 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 six months prior to the release of all or any
part of the leased premises. Notification shall include a legal
description, this lease number and an explanation of the release. , The
release shall only be valid if approved by LESSOR through execution of a
release of lease instrument with ,the same formality as this lease. Upon
release of 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 shall
perform an on-site inspection and the keys to any buildings on the leased
premises shall be turned over to the Division. If the leased premises and
improvements located thereon do not meet all conditions set forth in
paragraphs 18 and 21 herein, LESSEE shall pay all costs necessary to meet
~
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, which
have been selected, developed, or approved by LESSOR, LESSEE or other land
managing agencies for the protection and enhancement of the leased premises.
17. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and
subsequently designate to the respective arthropod control district or
districts within ono 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 responsible for the payment of all
charges for the furnishing of gas, electricity, water and other public
utilities to the leased premises and for having all utilities turned off
when the leased premises are surrendered.
19. ASSIGNMENT: This lease shall not be assigned in whole or in part
without the prior ~lritten consent of LESSOR. Any assignment made either in
whole or in part without the prior written consent of LESSOR shall be void
and without legal effect.
20. PLACEMENT AND REMOVAL OF IMPROYm1ENTS: All buildings, structures,
improvements, and signs shall be constructed at the expense of LESSEE in
accordance with plans prepared by professional designers and shall require,
the prior written approval of LESSOR as to purpose location, and design.
Further, no trees, other than non-native species, shall be removed or major
land alterations done without the prior written approval of LESSOR.
Removable equipment placed on the leased premises by LESSEE which do not
become a permanent part of the leased pr~ses \~ill remain the property of
LESSEE and may be removed by LESSEE upon termination of this lease.
21. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the reai property
contained within the leased premises and any improvements located thereon,
in a state of good condition, working order and repair inClUding, but not
.f
limited to, Jceeping the leased pr~seB 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 sa;me may be at the date of, this
lease; provided, however, that any removal, closure, etc., of the above
improvements shall be acceptable when the proposed activity is consistent
with the goals of conservation, protection, and enhancement of the natural
and historical resources within the leased premises and with the approved
Management Plan.
22. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding
between the Parties and shall only be amended with the prior written
approval of LESSOR.
'23. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of
the covenants, ter.ms, or conditions of this lease, LESSOR shall give written
notice to LESSEE to remedy such breach within sixty days of such notice. In
the event LESSEE fails to remedy the breach to the. satisfaction of LESSOR
within sixty days of receipt of written notice, LESSOR may either terminate
this lease and recover from LESSEE all damages LESSOR 1nay incur by reason of
the breach including, but not limited to, the cost of recovering the leased
premises or maintain th~s lease in full force and effect and exercise all
rights and remedies herein conferred upon LESSOR.
24. NO WAIVER OF BREACH: ~he failure of LESSOR to insist in anyone 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 waiver is
set forth in writing, signed by LESSOR.
25, PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
leased premises is held by LESSOR. LESSEE shall not do or permit anything
which purports to create a lien or encumbrance of any nature against the
real property contained in the leased premises including, but not limited
to, mortgages or construction liens against the leased premises or against,"
,j
any interest of LESSOR therein.
Page 7 of 21
Lease No. 4337,
Exhibit B
Page 24 of 38
Sublease No. 4337-01
26. CONDITIONS ~ID 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
each separate provision.
27.
DAMAGE TO THE P)~ISES:
(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 lirnited,to, hazardous or toxic substances, chemicals or other agents
on, into, or from the leased premises or any adjacent lands or waters in any
manner not permitted by law. For the purposes of this lease, "hazardous
substances" shall mean and include those elaments or compounds defined in 42
USC Section 9601 or which are contained in the list of hazardous substances
adopted by the United States Environmental Protection Agency (EPA) and the
list of toxic pollutants designated by the United States Congress or the EPA
or defin~d by any other federal, state or local statute, law, ordinance,
'\
code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning any hazardous, toxic or
dangerous waste, substance, material, pollutant or contaminant. "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 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, ramediation,
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'necossary to bring the leased premises and affected off-
site waters and lands into full compliance with all appliCable federal,
.-
.4
state or local statutes, laws, ordinances, codes, rules, regulations, orders
and decrees, and to restore the damaged property to the condition existing
Page 8 of 21
Lease No. 4337
Exhibit B
Page 25 of 38
Sublease No. 4337-01
immediately prior to the occurrence which caused the damage. LESSEE'S
obligations set forth in this paragraph shall survive the termination or
expiration of this lease. Nothing herein shall relieve LESSEE of any
responsibility or liability prescribed by law for fines, penalties and
damages levied by governmental agencies, and the cost of cleaning up any
contamination caused directly or indirectly by LESSEE's activities or
facilities. Upon discovery of a release of a hazardous substance or
pollutant, or any other violation of local, state or federal law, ordinance,
code, rule, regulation, order or decree relating to the generation, storage,
production, placement, treatment, release or discharge of any contaminant,
LESSEE shall report such violation'to all applicable governmental agencies'
having jurisdiction, and to LESSOR, all within the reporting periods of the
applicable governmental agencies.
28. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full
responsibility for and shall pay all liabilities that accrue to the leased
premises or to the improvements thereon, including any and all drainage and
special assessments or taxes of every kind and all mechanic's or
materialman's liens which may be hereafter lawfully assessed and levied
against ~he leased premises.
29. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all ,financial ,
and other records relating to this lease and LESSOR shall have the right to
audit such records at any reasonable time. This right shall be continuous
until this lease e,~ires or is terminated. This lease may be terminated by
LESSOR shoulq LESSEE fail to allow public access to all documents, papers,
letters or other materials made or received in conjunction with this lease,
pursuant to Chapter 119, Florida Statutes.
30. NON-DISCRIMINATION: LESSEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicap, or marital status with respect to any activity
occurring within the leased premises or upon lands adjacent to and used as
an adjunct of the leased premises.
31. COMPLIANCE WITH LAWS: I.ESSEE agrees that this lease is contingent upon
~
and subject to LESSEE obtaini.ng all applicable permits and complying with
all applicable permits, regulations, ordinances, rules, and laws of the
Page 9 of 21
Lease No. 4337
Exhibit B
Page 26 of 38
Sublease No. 4337-01
State of Florida or the United States or of any political subdivision or
agency of either.
32. TIME: Time is 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 CAPTION~: Articles, subsections and other captions contained
in this lease are for reference purposes only and are in no way intended to
describe, 'interpret, define or limit the scope, extent or intent of this
lease or any provisions thereof.
35. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative
fee of $300. The initial annual administrative fee shall be payable within
thirty days from the date of execution of this lease agreement and shall be
prorated based on the number of months or fraction thereof remaining in the
fiscal year of execution. For purposes of this lease agreement, the fiscal
year shall be the period extending from July 1 to June 30. Each annual
payment thereafter shall be due and payable on July 1 of each subsequent
year.
r ,
~
Page 10 of 21
Lease No. 4337
Exhibit n
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
IMPRO~1ENT TRUST FUND OF THE
STATE OF FLORIDA
By:
~~(]. ~ (SEAL)
GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION,
DIVISION OF STATE LANDS,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
"LESSOR"
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF LEON
f- '
11 The foregoing instrument was acknowledged before me this ~day of
~~ 2011L, by Gloria C. Nelson, as Operations and Management
consul~anager, Bureau of Public Land Administrat~on, D~v~sion of State
Lands, Florida Department of Environmental Protection, acting as agent on
behalf of the Board of Trustees of the Internal Impro~ement Trust Fund of
the State of Florida.
Florida
Print\Type Notary Name
....:;.."r~.", CHERYLJ. KING I
:~'1I'~;' MY COMMISSION' CC 852921
V. "1.J EXPIRES: November 7,2003
':J.i'o." .'<(..... Bonded ThN Nolary PI,()Ilc U~rwrilGrs
'I"II~
Commission NUmber:
Commission Expires:
Legality
,By:
'.
.~
,Page l1'of 21
Lease No. 4337
Exhibit B
Page 28 of 38
Sublease No. 4337-01
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTE ION, OFFICE OF GREENWAYS AND
TRAI
Ue-a-:t/1)l).J (fiA NtL
wriness A
u)...-t-ht'/ (-'lee
Print/Type Witness Name
nne.
Print/Type Name
A~~"l $+01\+ Di rec{Qr ,
Title:
"LESSEE"
STATE' OF FLORIDA
COUNTY OF LEON
A Th~egOing instrument waS~C~~dged before m~ ~s t ~+k JVf
.1A8;lS ,20..dl-, by Su'Z.OJ)n~ t--: cr , as ASSlS (\ re. ,
on b alf of the Office of Graays and Trails, Flor~da Department of
Environmental Protection. H /she is pe nally known e produced
as ~ t~ ~ t. '
a Public, Stat 0 Florida
S\ 'ro.\)~ ho.\\l~\ ~
Print/Type Notary Name
Commission NUmber: c....c...1 \ YOOb
Commission Expires: rr\Cuj 2.5/ 2ib2-
,''A:;;;'i:r~~,. Shannon Franklin
[.(r/;r;.' ':~ MY COMMISSION # CC71~008 EXPIRES
~"~j{: May 23 2002
""~jir;:~rr;." OONOfD THRI,I TROY FAiN INSURANC~ lNC,
'.
./
Page .1.2 of 2.1.
Lease No. 4337
'Exhibit B
Page 29 of 38
Sublease No. 4337-01
This LnstnlI11cnc Prepnrc(( By and
Ph::asc ReI:Wn to:
Frank E. Bondurant .
Bondurant and F\lqUl1, P..A.
P, O. Box 1508
Marianna, FL 32447
eSSO) 526-2263
FLA BAR. NO! 0$20330
Appr
By'
. , DE Attorney
Date: ' r/~ I t -/'J,f
WARRANTY DEED
(STA'WTORY FORM. SECTION' 689.0,2, F.S.)
TillS INDENTURE mi1dc, thi~'l~~y of Aprl1, 2001, 'between LEWIS BL 'OMBERO and wife. JUANITA BLUMBERG
c..iW0l JUANlT A.o. BLUMSERO, WllOse aclci40ss is 2130 E, State Road 434, Wlntet' Sprmgs; FL 32708. Grantor, and the
l30ARD O,f'TRUSTEES OPTHEINTERNALIM1>.R.OVEMENrTRUSTFUND OF'l'HESTATE OF FLORIDA, who~o
post office address is c/o Florid:l Department ofEDVil'oomcntal Protection. Division o'f SUIte r,.~dJ;, 3900 CommonwClllth
Boulevard, Mail StIltion 115, Til.1Iilbns:scc, Flurida ~2399-3000, Grontcc, '
(Wherever \lscd hr.rcin the teons "Grantor" and "Granteei. inc)\ld~ all the parties to this instrument JJld
their lego! reprcscntltive5, successors and ~ssigns, "Grantor" l1Dd llGrantee" nreused for singu!cu- and
plural, as ~h,> contcl','( requires Dnd the use of any gender shall include all genders,)
WITNESSETH: That the $:\'0. Grantor, for and in considerntion of the sum ofTen Dol1Ml (S10.00) and oilier good and
valWlolc considerations, to said Grantor in hand pakJ by ~d Grantee, the receipt whereof is hereby ~eknowl~d8'cd, has
gl'anred. bargllined and sold ro th~ "aid Gr.i:lotcc. and Ornnteels successors and assigns forevcr, the following described land
$it\liltc, lying and being in St=mwolc County, Florida, to-wit:
SEE EXHlBIT "A" ATTACHED HERETO AND BY RE.FERENCE MADE A PART HEREOF.
Propcrt)' AppI"flbc:r's Parcel L D. Nos,;. 26-20-3 0-5AR,-OBOO-02 BO
26.20.30-5AR.OBOO-0290
GRANTOR HEREIN RBSERVES AN EASEMENT FOR lNGRESS AND EGRESS ONt Y OVER
AND ACROSS THOSE J..ANDS DESCRIBED IN EXHIBIT '')3/J ATTACHED HERETO ANO
MADE A PART HEREOF. THE TERM OF SAID EASEMENT SHALL BE FOR TWO YEARS
FROMTHEDATB OF1WS lliSTRUMENTOR UNTIL mCKORY CROVEPARK BOOLEV ARD
IS CONSTRUCTED, WHlCHEVEk OCCURS FlRST.
1his conveyance is subject to casements, rcscrietiol\S,limlrnlions und conditions of record, if MY now exist. but any such.
intercsrs that may have been terminated are not hereby re-imposed.
AND the said Grantor docs hl::reby fully WllIr.lIlt the title to said land! ~tld will defend the sume against the lawful claims
of all p~rson$ whomsoever.
IN WITNESS WHEREOF the O~nt 'ha:H1<:rcunto set Grantor's band and seal the day Hnd year .firsr above written.
} , ,
~~~1ed and delivered 9-1 19n tGti~s " -: iJ "~
)If <he pfosenc. of 1, ~
LE)~SBLUMBERG
co,~ itncss)
J:K'J: c, ~~rrJ
Printed Name of Second 'Witness
STATE OF FLORIDA
CO~ OF :$:o~12..
The foregoing instrument was aeknowledgc:d before me thls Ll day of Apri4 2001, by Lewis J31umbcrg alld
Juanita Blumberg "J/kJa JooDlro D. Blumberg. Such pc.r$on(s) (Not<uy Public must check llPplicnblc ~ox):
~
(...V
is personally lmOWti to IrtC
:produced jl current driver's lieense,(.<'1 l./J.L/-4{ .~l~'
produced 'U:1\'~~~, R: 'B"lV'" 6lS identification _
, -Fe Bl:$Sf ~ 'f?T/f,);f) . . -
h.o~~'~v r+,~ L~J1Qr1tuQ
~t~b~C .
e Lt, L (<7i l/~IP,
(Printea, Typed or St~ped :lJDe ofNQt:l,t}' Public)
Commission No.: CMaf$"l~
, MX Commission Expires: ~:J..{~ ~
.,
!
I Exhibit' A
I, Page ,p of 21
Lease No. 4337
Exhibit B
Page 30 of 38
Sublease ,No. 4337-01
(NOTARY PUBLIC SEAL)
J.>'.T "~ ClcPor.lh I,. GlllcSpla ,
;. ~* My CQ11\IllWlOl'l ~o
,~~~ I' t:vnlrolS MlI/"Cl121. ~04
-",,," '-"'t""
-. .:~
I
I
--v -......., .,..,""....
. I
"I'. - - . -. ,
, '.E:i:hibi.t "Am
PARCEl, l'
That p2rt ofLo1. 30 :Slock "BI') D.R. MITC1?Ji;t.;r:,tS S'l1.RYEY OF T.H:E .'LEW GMNT ON LAKE
JESSUP .as recorded in Plat ;ijook 1) Page o,or the Public R.ccordtJ ofSemi.nole COC.l:1ty ~otid.:l mqre
ptlrticulndy dcsc..i.bcd as follows:,' ' )
COni.lncncc at the Northwest corner Qf J:..ot 23 Blac.k HB" D.R. MrrcmLL'S SURVEY OF 'l"!m
LEVY GMNr ON LAKE J.ESSUP as recorol;d in s.aid PtIblic Rccorifs,.uld POj1;1t; bdn~ a rcco'Vered
3/4 ine]). ~ron pipe; thence run S 18058',28T1 W ~loX1:;:- the West Zinc of.u.id Lot 2&::l, distance of 720.1.7
tc~t; to the NQl-th Right of Way line ot.l.i1rst Strcot (n.30 foot nnoA'cncd right ofW:J.Y); th~ncc ron S
71024'0$1' E ulong flaid North right of WIlY line 'for :\ dis~tlcc of 1154.47 teetto tbo POll'IT OF
:sltGII'i"'NXNGj tbcnce continue S 710:24!05" E for a distllXlcC of40:2.6'1 feet; thence N :Z91>J,Q';1.S" :E for a
distnncl,l Of;25.21 f~ctj thenccN 15043'32" Wfor a disbAt~O <,f21.21 feet; t.b.cncc'N 60043'32" W for II
dist::mcc of95.5<: f~ctj thence N 71 OZ4'05" W for.ll dista.ncc of 3(}l ,4-7 ~oet; thence S 6.3"35'55" W ,fOl"!;L
distaccc of21.2;1. f&!t; tllcn~c S 18035'55" W 10I" a distQ,nce of30.00 ~~t; thcccc S 2G"2~'05" E for :a
qistAllce of:Zl.:n fc~tj to the POINT OF BEGINNING.
AND
PAACEL2
Thatpnrt ofX.ot29 ,o.nd Lot.3Q Block "IlIIS D.R..Ml'f.CRELL'SS'V'R.'V:EY Oli'nm.;J;..EVY GRANT ON
LAl{E JESSUP as recorded in Fll1t BQQA<, A, :t'ago S cfthe.Po blic Records of Seminole COunty, Florid~
more particularly dC$cribcd as foHQWS: ' ,
COlnmence at t'lLC Northwest corner ot Lot ZS Blede "B" ;o,E. MITCHELL'S SURVEY' Ol? 11:rE
J:..EVY GR.ANT ON LAKE JESSUP as recorded In said. Pilblic R~co~ds, ~aid point being a recovered
3/4 i21Ch iron pipe; tbence run'S 180.58'28" W along the West UnQ of ~d L<1t28l:l dlllt\ncc of 720.17
filet to the North f<i1,;ht of Way line otli'~rst Street (a 30 foot IIn~lXncd right ofvraY)i thence run S
'71 Q24'0511 E along :mid North right of'WJlY lico for a distance Q'f 1015.35 fed to the POlNT OF
BEGrNNlNG; thence continueS 71024'05" E for a distuJ.ce of89.12 feet; thcnccN 63035'55" E.for n.
dist1J,cl:c <:>f21J,X f~~t; tb<z.ucc run N' 180:35'55" E fot' a distance of.30.00 feer; thellce N 26"24'051' W.fur
~ d)$tA.u~C of~l.il fc.c1~ thclJCC 1'1'71 024'05" W for a'dtstance of89.12 feet; thence S 63035'55" W for a
d.i.3t~cc of21.21 feet; {hCllC~ S :1~035'5S" W for ~ di:1t..ntC 0/30.00 feet; thcDCC.s ZQl>24'0511 E fot':l.
disunco of 21.21 feet to the POINT CFBE'G.ThWmG. .
AND
"
pARCEr..~
,
, , '
That pm-t of~t 28 .ind Lot::L9 Block "B", DoE. :rvrrrCBELL'S SURVEY OF THE LEVY GRAN't ON
LA.K'm JESSUP as X"&orded In Plat nook1, Page S of tho Publi~ R~co'rd~ of Seminole Coucty, FIorida1
J<1'-\':,.-;..).... t' lId' 'b~.J ii 11 '
.' ~ r,\i:lsM'lJar leu O1r y CJcn \,;'1.1 a5 0 om:
, . \I .t" '
ComIn~IlCC.1t th~ NortbYl'cst l;orncr' of said Lot 28, Blod< HB", D,R. MD;c;aE;r.,x..'$ SURVEY OFTB:E
Wlnl<'r Sl'"nCA ToWll Ccn",,/llllimbo'll
ScminDlc Co~nt)'
h4lc l,of'J
,ESt(~'IIJ'
By..6?~J.l1JJ~
-,
Exhibit A
Page 14 of 21
. Lease No. 4337
Exhibit B
Pa~e 31 of 38
Sublease No. 4337-01
;LEVY GR.ANT ON :0",,\.Ia: JESSUP as Te.c<lrdecl An s::tid Public Records s.:lid point being.!l r~ovc.rcd
;3/4 inc~ iron pipe; ili011ce run S 18058'28" W a)o.ug the West line ofs.<1i<< Lot Z8 D dis~!lca of 720.17
fent; to the North .RIght ofW:ay line of First Street (n 30 foot ul:lOpen~ rjght of way)' then~.run S
7f>i4'0511 E ~long s,ald NOl1h right \If way line for II distlUlce of 488.48 ~oC't to tl:e POlNT OF
BEGINNINGj ~hcl:l.~c continue S 71 024105" E for a dis!ID:\ce of 476.87 feet; t.q~ncc N 63~5'55'1 ~ for ~
,distance of21.21 fccti thcuce N J.803~'551f E for.a disbln.C!l Qf30.0Q feet; thence N 25024'05" W for.a
distaAce of21..:2;1, X<:<;tj thl:ncc N 71 ~4'0511 W for a distance of 47~.S7 feet; 't1Jencc S 63035155" W for J1
' distauce of21.2l fCQt; thence S lSo.3S's.s" W fOr a distance of30.00 feet; thcnc.c S 2Q~4'05" E for.a
dlstnncc of11.21 feet to t.Ile POINT 0)3' B:EGrNNmG.' . , ,
, ' ,
AND
FA.RCEL4
"that part QfLot 2a and Lot 2.9 BJol:l, ":Brr~ D.R.l'Y.1:ITCRE':Cr/s SURVEY OF THE l:EVY GRANT ON
LA1Q; JESSUP Sl~ r~(lotdcd in PI:at Bool, 1) P~go 5 oHile Public Records of StmicokCountyj 1'1o~'id21,
mOre Pill.-tiCU1:arl;y dcscrih~d ~s folloms:' ,
C~mmcncc ~tthc No:i-tl1west corucr of~aid Lot28, mock "B") DJt MlTCE:ELL'S SURVEY Ol!TBE
LEvY CR4NT ON LAI<E Jll:SSUP, f1S r~Ord cd In said PubHc ~e(;ords sai~ pornt being A.rccovc);ed
3/4 inch iron ,pipe; thence run S l'.S<l5a'.28" W along tho West lio,c of said Lot 28.a distance of 325.09
feetj thence l~Il'Y'ing said West line of Lot 28 run S 711>24'05" E for a distance 0035.54 f~t to the
.t'OXNT OF BEGINNIlfGj thence S lS93S'5S" W for~ qistnncc of.X30.00 fecti thC'uce S 15~3'5S11 E for
n distance of81.26 feet; thence S 29007'5011 E for a distl.nce 01'160.12 f~Ct1 thence S 710:24'05" E for a
distaoce 0(458.29 feet; thence N 18tl35'SS" E for 21 dist4ncc of:137.55 feet; thctlcc.N 7.1 024'05" W fOl: a
djst.4nca of293..20 fo(;tj thence N 00000'00" West for <1 d.tstance of200.02 fect; thence1\' 8~.31r22" W
for:a dist..lH1CC or 105.03 feet~ thence N 7i 024'05'r W fOr a distance of 16'2~54 feet; to the POlliT OF
BEGIN1'aN'G.
. .
Together with ~ ~5 f~et wide'e~.sem~ntfor aoc~s ncross the following descrihed XJ%I.rCel:
That part of Lot 28 and Lot 29 BlOCk ".8", n.R. z..mCHELL'S stJ.R"lf.e'Y OF TIIELEVY GkANr
ON LAKE JESSUP as,rctoroed in Plat Book 1. Page 5 ofthe:?ublic;Records of Seminole County, '
FLorid~ more pmicularJy described as follows: .
, '
Commence.at the Northwest comer' of said Lot .2'8, ;Block "B ", D.R.1r1lTCHEJ.,VS SURVEY OF
. nm LeVY G~ ON LAKE JESStJP;as recorded in said Public Records sa1d point being a '
recovered 3/4 inch iron pipe; thence 1Ull S 18gS8~n W along the Wesr.line of said Lot 28 a distance
of 720.17 feet 'to the North Right Q,t"Way line of .First Street (2. 30 foot unopened right ofwny);
th'enco iun S 710,24'05.- E alo.o,g sajd North right of way line for. a distanCe of 488.48 feet; thence run '
,N26024J05",Wa distancc of8.35 feet; thc:.nce run N: s9l>39'33-:.q a distance of2;),OO feet; thence l1;1n
N 690 13"52D E a. distance of:2.0.00 feet; thence run N 430 S P29" E a distance 006.82 feet to to the.
.FOrnr OF B~GINNl1XG of,!- lS.0q foot mge strip of land lying 7.5 fee~ on each side ofthe
fcll\1.wiog dcs,cribed liq.e; ,thence from said poInt ran N 33'011 ':4S" E a distante of31.00 feet to the
" p.QlNi~"ijF TERMINkn01\f of:xUdline. The side liocs,of~d 15 foot stnpof.lind 2.r/? tplengt.hcn
. or shorten to int~rs~t at'propert.Y lines and to close .and boupd said descn'bed lin~ as necessary.
,
Winlet S'pllll~t T ~WJ> CQ1!cv'DI\lm~o;rb
'~lJ1ol..GO\tll\)'
p~c 2 DrJ
BSM~
9y-!kI'? Jl~~,!~~:? f
. .'
.i
Exhibit A
Page 15 ot' 21
"Lease No. 4337
,Exhibit B
Page 32 of 38
Sublease No. 4337-01
AND
P AR.CEL 5
That pnn of L<>t 28 Block !'B", D.R., MI'I'C.En:~LJ:"'.s StJRVEY OF TII.'E L:E'VY GRANT ON'LAK:E
. .mSStrP :lS "oC:<trdcd in :Pl?-t :Sool~ 1, F.l1gc S,oftuc .?ubHc ;Rocorac; QfScminole COttD,ty. Florid.2.,lx:ing
more particulll.rl~J d~Bcribed :cJ foUows! .
:B~g.i.);I. at the Northwest eOJ'lIer ()f said Lot 28, Bloc~ "Bu) D.R. 1Y.D:TCm;I:..VS SURv:t:Y OF TJ3:E
UVY GMNT ON LAKE .J.ESSUJ.> <1$ .recorded in s:aidll'ubUc RI::';:Ol'ds. sa1d'pou"t being 3 recovered
3/4 inch iron pjpc; tllCllCC rl!-n S JSOS81~S" W ~long the West line of said Lot 28 a ~i3tancc 00,65.09
fcet; thcnce ~~vi.ng ~aid W~t line o!'LQt;28 run S 71 024'05'1 E a ro..r di6bncc 01'275.X5 feet; thence.N
1803515511 E for n dGtnn..c of265.13 [cotto tl~o Sauth Right O!W~l)' H:no OfScconci: Strect (:1. 30.00 foot
ri&hi ofw:ty); then/;<: N71 044'38" W ,dong said SOltt1.11G!:bt ofW~,y 1ltlo for i1 dis12.ncu of273.41 fcctto
rhe P01)\7T OF 1J.EGINNING. ' .
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Exhibit A
Page 16 of 21
Lease N9. 4337
Exhibit B
Page':' 33 of 38
S~blease No. 4331-01
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04~18/2B61 11:11
8565265947
BONDURAI-1T AND FUQUA
PAGE 11/19
EXHI,BIT liB",
, Sheet 1
See Sketch ofDescripttoLl;
Include~ as Att~~ent nAil :
EASEMENT 1
15' ACCESS EASE:ME~T OVER LANDS
TO BE Ac;QUIRED BY FLA. D.E.P.
That part of Lot 28 and Lot 29 Block "BIl, n,R. :MITCHELL'S SUR \lEY OF THE LEyY GRANT
ON LAKE JESSUP as I:~orded in Plat Book l~ Page 5 of the Public Records of Seminole County,
F1orid~ more particularly described nsfollows: .
, ConunencC at the Northwest CQmer of said Lot 28, Block liB \ D.R. 1v.UTCHELVS SURVEY OF
THE LEVY GRANT ON LAKE JESSUP as recorded in said Public Records said point being a
recovered 3/4 inch iron pipe; tbeilCc run S 18058'2811 W along the West line of said Lot 18 a distanCe
'of 720.17 feet to the North Right of Way line of First Street (a 30 foot unopened right of way);
thence nul S 71024'051\ P aIqng said North right of way line for a distance of 488.48 feet; thence run
N 26024105" Wa distance of8.35 feet to the .POIN'T OF BEGINNING ofa 15.00 foot wide strip
of land lying 7.5 feet On each side'ofthe following described line; from said point run N 89039'33"
E a d..isUlnce of25.00fcd; thence runN 69013'szn Ell dist<lncc of20.00 feet; !henC<l run N 43"51'29n
E,ll distance of36.82 feet to th~ point ofTcmUnlltion of sai.d line, The side line.s of said 15 foot strip
ofland are to lengthen Qr snort en to intersect at property lines and to close and bound said described
line q.s necessary.
, Containing 0.028 acres more or less.
Prepared by:
Thi:3 description and the accompmyWg ~ctch or
skctchc3 has been prepared in acco~~ _ wl~ the
StaIldMds ~ forth in Chapter 61 017, F.A.t::., pursuant
to Ch.aprers 177 llIld 472, F1cddA Sta tutcs,' Un1~s it 'oears
tho signature llDd the originn.! raiscd.~lll..?f a Florida
licensed .surveyor nn.d mapper this~dray,ling.. sketc~, plAt
or IDlIp is for inforolntion.o.l PUl'pro:;;:j'on!y,and;is not VJud. -
ad)~,,'
ARTIIDR W. TUCKER, P.L.S. #4381
Dstc:._ ~ -/(. - Or .
Tinklcpaugh Surveying Services, In.c.
, 379 We.q.l'01Chigllll Strc<:t
Suite 20B
Orlnodo, Floridll32806
(407) ~22.{l957
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Exhibit B
Page 34 of 38
Sublease No. 4337-01
Exhibit A
, Page 17 of 21
Lease No. 4337
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NUM8ER BEARING
U N 89:J9'.3J- E
1.2 1.1 69-1J'S2" E
LJ N 4.J:5 "29" E:
t.4 N .3.3'/1'28" E
l5 N 31 :J9'or E
l.6 N .39U7"22" E
t7 H 29'0.3'09" E
l8 N SO'.l3'.f.O" E
DRAmv BY: R. NIETO
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DISTANCE
:25.00'
20.00'
36.82'
J1.QO'
60,00'
90.00'
75.{)O'
45.()()'
DATE: 2/15/0J
SKET.CH OF DESCRIPTION
NOT' A SURVEY'~-
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NOTES:
I. THIS IS NOT A SURVi:Y.
2. BEARINGS SHOI'ti1 H[RfON ARE DERIYCD FR.OM A PRE-..rous PROJECT
PJ?EPA,It[O BY 1h1S' FIRM FOR. THE flORIDA. DEP"Rn~OH OF PROTEC nON:
PJ?O./Fcr NAME: LAND I.CQUlsnON SURYEY/ APPRAISAL MAP
~\lNT'E:R SPRINGS TO\l.W CfNrm
GRUNWA't'S AND mAltS PROJECT
D.EP. OffiCE /ifj7680 "
AND ARE: BASED ON THE: NORrHEASTERCy R!(;HT OF WAr UNE OF STATE"
ROAD ?J~ IS PER flORIDA DEPARD.lEHT OF TRANSPORTAno.'l RIGHT OF"
w~y MAP SECilON 77070-2516 BEiNG scum ..3'8'4J'16. EAST:
f ~~
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~ SJ,.,"Cl) L8 f/
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PQrc~~ at
OS TO at }../&J L 7.
L1Jl
15' ACCESS
EASE},jiT
. LOr 28
BLOCK "e"
mE LEVY (JRANT ON LAKE: JESSUP
D.R. WTCHELLS SURVI;Y OF
PLAT Boox 1. PAce 5 .
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OROER NO.: TOt A58
LOT 29
BLOCK "8"
THE LEVY GRANT ON LAKE: .JESSUP
lJ.R. MlTCHEtlS SURVEY OF
--.::: T BOOK I, PAGE" S ~"
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Tinklepaugh i
SURVE'J1NG SERVICES, INC.
:no Vi. l(~:gon strut, SviJ. 20~ - Or1cndo, norido "~2a06
T.r.. No. (<'0'1) .(~-01~7 Yu J{a. (<407) 4<!2-S91S
UCeH:JZO lrUS1J.I<:ss .110. 3na
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FlLE:: SX ;5986-82
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" 84~18/2e81 11: 11
8585265947
BONDURANT AND FUQUA
PAGE 13/19
, Sheet 1
See Sketch ofDescrlption
Included as Attachment nAil
EASEMENT 3 ,
15' ACCESS EASE1\1ENT OVER LANDS
TO BE ACQUIRED BY Fla. :O.E.P.
That part of Lot 28 and Lot 29 Block ";au. D.R. :MITCHELL'S SURVEY OF THE LEVY GRANT
ON LAKE JESSUP as recorded in Plat Book 1, Page 5 of the Public R~rds of SeniinoXe County,
Florida, more particularly described as follows:.
Commence at the ;Northwest corner ofsuid Lot 28. Block liB", D.R, MITCHELL'S SURVEY OJ;i
THE LEVY 'GRANT ON LAKE JES~UPas recorded in said Public Records said point being a
recovered 3/4 inch iron pipe; thence run S 18 Q 58'28H W along the West line of said 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 71 <;>24'OSB E along said North right of way line for? distance of 488.48 feet; thence run
N 26044'0511 W U dlstance of8.3S f~; thence run N 89039'33~ E a distance of25.00'feet; thence run
N 69013'52" E a distance of20.00 feet; thence run N 43 051'2911 E a distance of36.82 feet; thence
~ N 33 011'28" E a distanCe of31.00 feet to to the POINT OF BEGlliNJNG of A 15.00 foot 'Wide
strip of land lying 7.5 feet on each side of the follo\Ving described line; thence from said point run N
31 "39'0"" E a distance of60.00 feet; thence run N 39007'22'1 E' u distance,of90.00 feet; lhen~ run
N29003'09~ E a dist4nce of75, 00 feet; thence runt{ $003314{)- E a distance of 45.00 feet to the point
ofTennination of said line. The siddines of .said IS foot strip ofIand are to lengthen or shorten to
intersect at property lines and to dose and bound said described line ns necessary,
Containing 0.093 acres m.ore or less,
Prepured by:
This description and the: nceomplltL)'iDg ~tch or
sketches Ms been prepared in llCCOr~ with the
s t.8.OOards set .forth in Chapter 61 G 17, F.:.\. C., F'llrnlMt
to Chnpta3 1'17 nnd 472, BrodA Sta~ b nlc::s it 1x;o.ts
the signature and the originnl r~ ~ o.t;a Flprida
liCCIJ.!lC(j survV)'O:t'" llIld LllIlpper this ciJ1i:wio& $k~lcb. pJ.p.t
or map is fur in.f~ P'JrpOScs oo.1y and'is not valid.
4~~
ARTHtJR w. TUCKER. P.L.S. #4381
Dllte: 2- .../t..- 0 {
Tinkkpaugh Surveying ~~, IDe,
379 West MicillgllIl Street
Suite 208
Orlando, Floridll, 32806
(407) 422-0957
TO 1-A53~~,.:. \
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01
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B'i ,p$ oatell:..IIf~1
Exhibit 'A
Page 19 of 21
Lease No. 4337
Exhibit B
Page 36 of 38
Sublease No. 4337-01
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tl N 89"39'.3.3" E
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L5 N ::W.39'07" E
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DISTANCE.
:25.00'
20.00'
36.82'
:Jl.(}Q'
60.00'
90,00'
75.00'
';5.00'
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,
I DRAW BY~ R, NrETO
DATE: 2/(5/01
SKETCH .OF DESCRIPTION
NOT A SURVEY ~'.. .'
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NO rES:
1. mrs IS NOT A SURVEY.
2. SEMmGS SHOW HEREON lIRE DfRMD fRO.IJ A PRE\I1OUS PRO./f.CT
PREPARED BY 1H1S FIRM F~ mrn.ORJDA DEPARTMENT OF PRorrcTlON;
PROJECT NAME: LAND ACQUISTlON SUR\1:Y/ APPRAISAL MAP .
WJ1ER SPRINGS TOWN CWTf:R .
GRUIIWAYS NoID TRAits PRD.Jf:CT
D.EP. OFFICE' jS76fJO
AN() ARE: BASED ON THf NDR1HEAS7ERL Y RIGHT OF WAY lINE OF STA TE
ROAD 434 AS PER FlORIDA DEP/o.RTMWr OF TRANSPoRTAnON RiGHT OF
WAY MAP SCCl10fI 77070-251.5 88NG sourn J8'..jJ'f&~ fAST.
LOT 28
BLOCK "8"
THE LEVY GRAN r 0" LAKE JESSUP
*;:::
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PLAT 8MI( t, f'AGt 5
HOOSe '0
LOT 29
BLOCK "B"
THE: LtvY GRANr ON fAKE JESSUP
DR. WTCHlliS SURVEY OF
EASEMENT .1
15' ACCESS
EASEMENT
ORDER NO.: T01A58 , SCALE: n= 100'
Tinklepaugh ~
SURVEYING: SERVICES,. ING..
J79 W. j.(;c:bi~on ~l. s",'1c 20P>. Orlondc>, Flo6o"o 32805
, j.l~. 1-(0. (~Q7) l2;!-Og::>7 lu. No... (407) ~;r.:-MI5
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