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HomeMy WebLinkAbout2010-022 l ' 1 ' IV LEASE AGREEMENT BETWEEN CUMBERLAND FARMS, INC. AND INDIAN RIVER COUNTY, FLORIDA THIS LEASE AGREEMENT (the "Agreement") is entered into by and between Cumberland Farms, Inc . , a Delaware corporation ("Tenant") , 100 Crossing Blvd. , Framingham, MA 01702, and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date" ) . BACKGROUND FACTS WHEREAS, the Board of County Commissioners intends mntends to acquire through the power of eminent domain the real property located at 2614 9th Street SW a/k/a Oslo Road, Vero Beach, Florida, (the "Premises" and "Cumberland Farms") the sketch and legal description for which are attached as Exhibit "A" and incorporated by reference herein; and WHEREAS, Tenant owns and operates a service station and convenience store on the Premises (" the Business " ) ; and WHEREAS, as part of the negotiations in the eminent domain lawsuit styled Indian River County v . Cumberland Farms, Case No. 312009CA010762 , Parcels No . 45A and 45B, the County has agreed to lease the Premises back to Tenant following the transfer of title to the Premises to the County pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court; and WHEREAS, Tenant is desirous of entering into this Agreement and has represented to the County that they have the competency and experience to perform the services set forth in this Agreement; and WHEREAS, the County will become the owner of 2614 9th Street SW, Vero Beach, Florida 32962 upon making its good faith deposit, and Tenant desires to continue operating its Business until the Premises are needed for the construction of the County's planned roadway I mprovements and appurtenances ; and WHEREAS, it is the County's intent to lease to Tenant for a period commencing on the date on which the County takes title to the premises pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court and terminating sixty (60) days after written notice by the County, which notice shall not be issued prior to July 1 , 2010 ; and WHEREAS , Tenant and the County's contact information for notices regarding this Agreement is : FOR COUNTY: FOR TENANT: Indian River County Cumberland Farms, Inc . c/o Tom Frame, Director c/o Michael Fleming General Services 100 Crossing Blvd. 180127" Street Framingham MA 01702 Vero Beach, Florida 32967 1 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound agree as follows : SECTION I - LEASE Background Facts. The Background Facts are agreed to be true and correct and are incorporated herein by this reference . 1 . Property and Term of Lease. The County leases to Tenant and Tenant leases from County, the property located at 2614 9th Street SW, Vero Beach, Florida 32962 , currently known as Cumberland Farms, consisting of approximately 1 . 1 acres, as more particularly described on Exhibit " A " attached hereto and incorporated by reference herein. The term of the lease shall commence on the date on which the County takes title to the Premises pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court (the "Effective Date") and shall terminate sixty (60) days after written notice by the County, which notice shall not be issued prior to July 1 , 2010 . No rent shall be charged under this Agreement . 2. Length of Lease. The Lease shall be subject to early termination pursuant to its terms . Extension of the lease shall be at the sole pleasure of the Board of County Commissioners . 3 . Use of Leased Premises. During the term of this Agreement, Tenant shall use the leased Premises for operation of a service station and convenience store and for no other purpose . Tenant shall not use the Premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; nor make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the Premises or the comfort and peace of the inhabitants of the vicinity of the Premises. Violation of this term of the lease shall be grounds for immediate cessation of the operation of the Business and eviction from the Premises following notice and an opportunity to cure . 4. Utilities and Equipment. Tenant shall pay all utilities including garbage removal . Tenant shall be responsible for all maintenance and repair of any equipment or fixtures in or on the Premises . 5. Assignment and Subletting. Tenant shall not assign the lease or the leasehold estate granted to them under the lease to any other person, firm or entity . Any attempted assignment of the lease or the leasehold estate granted under the lease shall be void and may, at the sole option of the County, be deemed an event of default under the lease . 6 . Prohibition on Encumbrances. Tenant shall not mortgage, pledge, or encumber the lease, in whole or in part, or the leasehold estate granted under the lease, to any other person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the lease . This covenant shall be binding on Tenant' s successors in interest . 7. Employees Hired by Tenant. All Tenant's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. 8, Complaints Concerning Operations. The County or its representative may submit a written report to Tenant enumerating problem areas encountered. Tenant will provide written documentation of action to be taken to resolve problems . 2 9, Termination. This Agreement may be terminated by Tenant upon thirty (30) days advance written notice. The County reserves the right to terminate this Agreement at any time, upon five (5 ) days advance written notice to the Tenant if any term of this lease is breached and remains in breach following notice and an opportunity to cure or if Tenant is notified of problems with operation of the Premises and Tenant has not cured the deficiencies . 10. Bankruptcy. If Tenant is adjudged bankrupt, either voluntary or involuntary, the County may terminate this Agreement effective on the day and time the bankruptcy petition is filed . SECTION n = OPERATION OF BUSINESS 1 . Conduct of Business. Tenant shall conduct its Business in strict accordance with the laws of the State of Florida and all local ordinances. Violation of this part of the Agreement shall be cause for immediate termination of this Agreement and immediate cessation of the operation of the Business . A . Tenant will be required to pay all taxes and timely remit any reports or paperwork associated with the Business . 2. Hours of Operation . Tenant shall abide by all laws and ordinances regarding the hours of operations for the Business . 3 , Improvements. Tenant agrees that all improvements and any changes made to the Premises shall be at their sole expense and must have the prior approval of the County or its representative . Further, the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of the County. 4, Occupational and Other Taxes. Tenant shall pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the Business or operation conducted under this Agreement . 5 , Compliance with Laws . Tenant shall meet all federal, state, county and municipal laws, ordinances, policies, and rules applicable to the operation of the Business . 6. Public Relations. Tenant shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the area. 7, Garbage and Disposal. Tenant shall comply with the standards of franchise garbage and disposal collection specifications. 8, Personal Property. Any and all personal property placed on the Premises by the Tenant or its employees shall be at their own risk and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever, 3 SECTION III - INSURANCE 1 . Indemnification and Insurance. Upon the Effective Date, Tenant shall not operate the Business until they have obtained all the insurance required under this section, and until such I nsurance has been approved by the County. Tenant will purchase and maintain such insurance as follows : A. Workers' Compensation Insurance : Tenant shall procure and maintain workers' compensation insurance to the extent required by law for all employees to be engaged in work under this Agreement. In case any employees are to be engaged in hazardous work under this Agreement and are not protected under the workers' compensation statute, the Tenant shall provide adequate coverage for the protection of such employees . B. Public Liability Insurance : Tenant shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed. G Commercial General Liability $500,000 combined single limit for bodily (other than automobile) injury and property damage, or current linuts of liability, whichever is greater i) Premises/Operations ii) Products/Completed Operations iii) Personal Injury iv) Contractual Liability D. Business Auto Liability $500,000 combined single limit for bodily injury and property damage, or current i) i) Owned/Leased Automobiles limits of liability, whichever is greater ii) ii)Non-Owned Automobiles iii ) Hired Automobiles E Storage Tank Liability Insurance coverage in the amount of $ 1 , 000,000, or current limits of liability, whichever is greater, shall be maintained on the leased premises throughout the term of this lease . The County shall be named as an additional insured on this policy. 2 . Proof of Insurance : Tenant shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by Tenant must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance . 3. General Requirements of Insurance. Tenant' s insurance coverage shall be primary . All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII . The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department upon execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management 4 Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . 4. Indemnification. The Tenant shall indemnify, defend, save, and hold harmless the County, its agents, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and appellate fees) , arising out of or because of any acts, action, neglect, or omission by the Tenant, or due to any accident, happening, or occurrence on the Premises or arising in any manner from the exercise or attempted exercise of the Tenant's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the County. The Tenant's obligation to indemnify, defend and pay for the defense or at the County's option, to participate, and to associate with the County in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the County's notice of claim for indemnification to the Tenant . The Tenant's inability to evaluate liability or its evaluation of liability shall not excuse the Tenant's duty to defend and indemnify within seven days after such notice by the County is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the County solely negligent shall excuse performance of this provision by the Tenant . The Tenant shall pay all costs and fees related to this obligation and its enforcement by the County. The County's failure to notify the Tenant of a claim shall not release the Tenant of the above duty to defend . 5. Notice of Claims. The County and Tenant shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carver to the end that all such claims will be properly investigated, defended and adjusted. 6. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this Agreement . SECTION IV - COUNTY RESPONSIBILITIES 1 . Obligations to Provide Facilities. County leases the Premises in " as is" condition. Tenant shall be responsible for all repairs and maintenance to the leased Premises and properties . Tenant has inspected the Premises and facilities and agrees that they are adequate facilities and the facilities adhere to current federal and state safety standards . SECTION V - DEFAULT, REMEDIES 1 . Default by Tenant. In the event Tenant is in default under the terms of this Agreement, after three (3 ) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default . 2. Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Tenant may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach . 5 SECTION VI - NUSCELLANEOUS 1. In connection with this Agreement, the parties agree to cooperate in good faith and to perform no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 2. This Agreement, together with the Exhibits , constitutes the entire Agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Tenant by their respective duly authorized representatives. 3. Any notice which either party is required or may desire to give to the other under this Agreement shall be in writing and shall be given by registered or certified mail , return receipt requested, postage prepaid, addressed to the party at its address shown on the First Page of this Agreement. If County or Tenant wishes to change its respective address for purposes of notice under this Agreement, they may do so by giving to the other written notice of change of address . 4. Nothing in this Agreement shall be construed to create a partnership , a joint venture or agency relationship between the parties . Neither party shall have any authority to enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The language of this Agreement shall not be construed more strongly against either party, regardless of which party is responsible for its drafting. 5. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 6. The parties agree that any litigation arising from this Agreement shall be brought in Indian River County , Florida. 7. In the event of acts or occurrences beyond the control of Tenant, including, without limitation, acts of God, fire, flood, and hurricanes, that damages the Premises to the extent that it prevents Tenant from safely operating the Business , then this Lease shall be deemed terminated and the County has the right to take possession of the premises and exclude Tenant from the Premises . 8. Tenant shall be responsible for obtaining, and shall pay for, any such required permits, fees, and licenses . 9. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Tenant to the County is that of a commercial leasing tenant, and not that of employee . 6 10. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. In witness, the County and Tenant have caused these presents to be executed in their names the year first written above . AS TO TENANT : BOARD OF COUNTY CO`AtAISSIONERS INDIAN4;4' VER COUNTY , F4OMDA By: Wtia. rK L . (4k %A $ .5d � , � . �cf Peter D . 01 Bryan , Chairman For Cumberland Farms , Inc . / f'st , �t ,,,i , � • J21 ,,AVei Board of County Commissioners Approved by the BCC : January 19 , 2010 WITNESS : ATTEST : J . artonAC:11ef Court t\- 77 WITNESS - y l �,� n h � � , o . , �i., By : �wz � S De y Orerk of Court q J ' seph A . Baird , County Administrator OAas t rm a al s i iency amK. DeBraa Assistant County Attorney # 9035220_vl 7 COMPOSITE EXHIBIT ' A ' Page 1 at 6 Ir } - { ORB WG/PO V57 y s w 74. 10 v _ ( rrasry b se9 '15`� ss r 111► _ Go IL 0 c St0.55T10'E i PLACE w a 4* TRACT t3 •� mrn ( I PLAT 21 PJ1� 28 3 I Z tZ14' t o z W an 31L P.ac m � O WOIAN NVM FARMS OOMPANY » < I �r%t PLAT BOOK 2, PAGE: 25 111 as w ►a¢ 17rr ono H i t I —sersn3 s — — — — s5&4a' — — — — — — 0 � _ too U) o H s twaoT ro11 d _ ' a 9ra9. :� 0.607 ACRES _ ST W Row wart or WAY / o dm 1aa. P+w[ 14*3 OC • 15 w ORB 5i?JPG 600 � ;Iv x IMW rex s11.r1.0 ft" or wlr - ORB 69fi/PC3 S64 I . 1= Pia 2W re 4 P. 0. �. IF 1 t n sofa war a .�� * • _ au list PA.CX Z= U*XLi Rlo(T (F Ira UK — P. O. C. a W nem rSIS G"COUNTY ROAD 600 � sou"fa T *mv= n o # sr row war ar +wT OSLO ROAD nd w tram man or 1r1. stclm33 SDUWL �a o $ am 1x r we u 9th STREET 8 w w 10a rAcc SM ra 22 23 Z I wss — vss a etNnws � soual uR< gcna zs row/a. A sari wN+cc usi l 27 26 sruaa 1aY 3. C wL R/W .y r.... E - 8 CANAL_ o « � .: ,.+ RR faAMMa /vM 4.+ d1wW.d WYWAtIf�� - �� ft H P Gans n!a M r 1.N 1JifL _ i 60' SS —_ -- -- II�iIY 1L►N +,I r 1 ` q1m aa�m OC/IfLfa101 M ir�+l 4><a/4 - a-1Y-a µp ^+��� pcmT �` 64 me P+ IX w �f! b" WW Y f IW W /C nfVw ♦ K ftu ucomm mobno ra r•w.. �/Or dsI 1w� � .ww �� �� w � rri..� t ..u� � �,w� �.�����rrw.1► �1\ �.� A wW aM7 wftw1a An �1r s aaa P" w N-wa a.rta+oMnan',ao�,�-aew r ow 1 w a.r asioa,u •iM s WIGANIGNONLitz ; rini, L JX RMION. CLERK I ,EG&L DESCRIPTION BY SURVEYOR i ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN A PORTION OF TRACT 13, SECTION 23. TOVAGWP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST OWERAL PLAT OF LAOS OF THE INDIAN RIVER FARMS COMPANY, FILW IN THE ORIGE OF THE CURK or THE CIRWT BOOK 2s PAM 25f SAID NOW YIND A140 6EMt0 INOURMIDIAN RIVER COUNTY rLOROA, SAND IANDSTALLSSO BEING A PORTION OF THEg LANDS OESpRBED IN oMaAL RECORDS BOOK 3T2, PAGE 60D AND OFFICIAL RECORDS BOOK 695, PACE 564 OF THE PUBLIC RECOR06 Of SATO INDIAN RIVER, COUNTY. SAID LANDS OEM MORE PARTICULARLY DESCRWED AS FOLLOW60 TO WT; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER Or SAID SECTION 23; ' THENCE, BEARING SOUTH 695615' EAST, ALONG THE SOUTH USE OF SAID SEC110H 23, A DISTANCE OF , 60. 75 FEET TO A POINT; THENCE, LEAVING SAID SOUTH UkNEI BEARING NORTH 001)3045' EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 406 (OSLO ROAD (gth STREET SW), AS RECORDED II OFACIAL RECORDS 40OK 136, PACE 32 ANO LTITTQAI RECORDS 1203, PAGE 2DINT ANO PUCE C ECINNI RECORDS F SAID YHE HFJAM IYER COED PARCEDWA$ SAID POINT ALSO BEING THE f THENCE, BEARING NORTH 44'47'03' WEST, ALONG SAID NORTHERLY. RIGHT OF WAY UNE. A DISTANCE OF 4g.37 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY UNE OF 27TH AVIENUE: I THENCE, BEARING NORTH 0011 ' 26` EAST, ALONG THE EASTERLY RIGHT Of WAY LINE OF SAID 21TH AVENUE, A DISTANCE OF 115,00 FEET TO A POINT: n IIT THENCE, LEAMNO THE EASTERLY RIGHT OF WAY LINE OF SAI) 27TH AVENUE, BEARING SOUTH 090560TS" 0 EAST, A DISTANCE OF 19,45 FEET TO A POINT; 00 THENCE, BEARING SOUTH 1017'10' EAST, A DISIANCE OF 26.26 FEET TO A POINT: O U ITHENCE, BEARING SOUTH OOZi626' HEST, A DISTANCE OF 12.14 FEET TO A POINT; M I THENCE, BEARINC SOUTH 440479250 EAST, A DISTANCE OF 42,32 FEET TO A POINT 50.00 FEET NORTH M OF THE NORTHERLY RIGHT OF WAY UNE OF SAID COUNTY ROAD 606 (OSLO ROAD) (9th STREET SW): S THENCE, BEARING SOUTH 6936015T EAST, ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE W NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 (OSLO ROAZD ( 6th STREET SM').. A DISTANCE OF 256,46 FEET TO A POINT ON THE EAST LINE OF THE LANDS DCSM IN AFOREMENR OFFICIAL i RECORDS BOOK 512, PACE 600 AND OFFICIAL RECORDS BOOK 6950 PACE 564 OF THE PUBLIC RECORDS OF SATO WAN RIVER COUNTY, FILORIOA: t N riNENCE, 6EARINO SOUTH 00.10' It0 WM EST, ALONO SO EAST LINE, A pISTANCL or 60. 00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 (OSLO ROAD ) (OTh STREET b t SW)1 m t : THENCE, BEARING NORTH 69'560150 WEST, ALONG THE NORTHERLY RIGHT OF WAY LSE OF SHO COUNTY N t ( ROAD 606 (OSLO ROAD) (9th STREET SW)* A DISTANCE OF 276.51 FEET TO THE POINT OF BEGINNING. o_ r OR LESS.SUB+ECTI To ALL EASEMENTS, COMMTtONS AND PREMISES ComrmN AN AREA OF 2RESTRIC431 �ONS AARE S CONTNNED WITHN T Oft 0.607 THE �04AIN OF TITLE. ri N i ( t N t f JEQFN� SECTION UNE 3 PROPERTY LINE SURVEYORS NOTES - - — RIGHT OF WAY UNE C.R. COUNTY ROAD i ) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY. NOTA i INDIAN W% CA FARMS OOUNDARY RETRACEMENT SURVEY. WATER CONTROL 0457MCT 2) THE DEARING BASS EOR THIS SURVEY IS 6ASE0 UPON POINT OF COMMENCEMENT 1FIE SOUTH UNE OF SEOTON 230 TOWSHP 33 SOUTH, * 1 RANGE 39 EAST. SAID UNE DEARS SOUTH 09'56'15' EAST, PA. PLAT PLATT O�ou°EOWWHG i 3) ME SCALE Of THIS DRAWING- MAY HAVE SEEN DISTORTED PC. PAGE DURING RE►ROOUCTION PROCESSES. G.R.S. OFFldAL RECORDS BOOT Xv fit 4 ) RCfER TO THE SPECIAL PWMOSE SURYEY PREPIWQO NY pw" fu � of WAY i J ur 60 " 1 ,..+ * 33 v"T . wN•. As wa:oeAwN ANN Nf�ta1.M�ft 060010~ W {pK �nlr - N.arN MCAT NOON 11. PAGE Si N>F TINE PWUC R(COIDf IN ^ � WW . p Y w. ILK as aa1 INDIAN RIVER COUNTY, FLORIDA. Mwat fRf *AMP I E6AI OE6CRlP110N OF THE •MIT PROPOSED RIGHT OF WAY FOR PARCEL 45 2 OF 7 M W aRt7riMIRIt Alt taNrr NIt r NwwwMA ►��t � trLM�t tN�M INCIANRIVE4RCOUNTY , FLORIDA 1RMNaw M7NWNt ^"""" Exhibit A Page 2 of 4 COMPOSITE EXHIBIT " A' Papa 3 o1 6 ' l - -- - - - O OKI N6/PQ 1257 cRar�c sci,IE V c P. 0. B. curio_ i e.t - sea a O sersatis qtr � r 2428 sv rw_anusnc r I g wuTr E„ro ux F 037 70'ri r r s elur5: aomArss ; oaa am Pace ,7W CRO 312 ►,U 90 1 A lu 12 loot TRACT 13 b� �qp PLACE if ; { HYEA �APor15 COf�f'ANY C) oa b �'I'4Z►�, PLAT BOOK 2. PAGE 25 ( I PLAT Boo+c 21 PAGE za d on �' �� �' u°� ax w = a $ � U $ A F , ss• ss ao�o nL>.r oT 0 s cmr +or wArPAr 9 Of ar 7104 Pact "#3 (L N Tzoa rayl an » ORB 6951PO 564 el tis ri aas FXHI nr •SAY e/oa[rtaLt =041 cr "r UNE at: TrsT. PA4t 201 . O. C. f COUNTY ROAD 500 Ji , ;lm srr -" 3 ria si`v $' OSLO ROAD sd so sao wrt ar wTt UC"= V oat too. PALE soe � a � ih STREET 8W t` 22 z] �c at= Cr KOMI s yoUN t1K =na f1. iovm" 33 wm xmw b [AST � � ],�► 27 26 (SW1( RN — W r v . r�+ ...ar n+ I+www tiy� ilp E - 8 CANAL .�... ..... ... ... ...� q. ..-.V- .+ 4. M. w.. �E . ..., ... .... ... �. ..��- ..�. ..,.. .T y w , . w. .. ..e1. t so .s W raver Pt aw.+.i' N K r1a+K .rm Yi Or K JI�a �,fa AIIKIp Nr aYa� alol • .+ —� � . .� ...�� . � �.. � .r . �...r ..+ r .r�r . r.. .�..�. . .�... �r.r�rr � ver r. .. w �... � ..1r..r� - .. r —� � .�r . +.r•r �• �• �wwW �4 . A.a nac T• vV as-.ea Mv-e.r.wr.n..-+++-�- � C : 0 :11( Q11 ON LAST I 'AGt .!. L , It 11XIN , CLERK r .FraT . [1FG(' RTPTION BY SURVEYOR ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN A POPTION OF TRACT 13, SECTION 23, TOV WP 33 SOUTH, RANGE 39 EAST, AS INC SAME IS OESICNATEO ON THE LAST GENERAL PLAT OF LANDS OF TOE MiaAN RIVER PARAS COMPANY, 1 FILED IN THE OFFICE DF ATE GLCRK OF THE CIRCUIT COURT t7F ST. LUCK COUHTY, FLORIDA, 1N PLAT B00 ( 2, PACE 20, SAID LAHOS NOW LYING AHD LWAND IN pdAN M*MjM000UNTY. FLORIDA. SAID LAWS ALSO DWO A POAW" OF THE LANDS DESCRIBED 1N OFF1gAL RECORDS l BOOK 512. PAGE 600 AND OFFlOAL RECORDS BDOit BBB. PAGE 504 OF THE PUBLIC RECORDS 1r OF SAID RFWAH WAR, COUNTY. SAI) LANDS WHO MORE PARTWWILY OESGRIBEO AS FOLLOWS. TO NTT: i CODUF.NCINC FOR REFERENCE AT THE SOUTHWEST CORNER OF SAW SECTION 23, THENCE BEARING NORTH 0011'20' EAST , ALONG THE WEST LINE OF SAE) SECTION 23, A INSTANCE OF 200.00 FEET TO A PAINT: 1 I THENCE. LEAVING SAID WEST UNE. BEARING SOUTH BCS6' 15' EAST. A DISTANCE tL ♦ 4.45 FEET TO THE POINT AND PLACE OF OET2NWNG OF THE HERON DESCRIBED PARCO ; I WEST L44EE OF BRADFORD PLACE, IAS RECORDED IN PLAT DOOK�21 ,OF 2901PAGE 25 OF THE PUBUC RECORDS OF SAID INDIAN RIVER COUNTY, FLORIDA, THENCE, BEARING SOUTH 0010'19' NEST. ALONG SAID WEST LINE, A DISTANCE OF 70.00 FEET TO A POINT 75.00 FEET NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY O ROAD 605 (OSLO ROAD) (91h GTRCCY STT): THENCE. LEAVING SAID WEST UNE, BEAPoNG NORTH 09'50115' 11E5f, ALONG A UNE 75.00 FEET 'D i NORTH OF AND PARALLEL VATH THE NORTHERLY RIGHT OF WAY UNE 1)f SAID COUNTY ROAD N 808 (OSLO ROAD) (9th STREET SW)A DISTANCE OF 258.46 FEET TO A POINT: m THENCE, GEARING NORTH 44447525% WEST. A DISTANCE OF 4232 FEET TO A POINT; m THENCE, BEARWO NORTH DO'21 '20' EAST, A DISTANCE OF 12.24 FEET TO A POINT; $ N 03 Tt� BEARING NORTH 10'5'1'10' WEST, B IA gt:TANCC OF 26.28 FEET TO TNC PCMNT OF ►1a. , Y1 THE AOOVE DESCRIBED PREMISES CONTAIN AN AREA OF 104000 SQUARE FEE'. OR 0,45 ACRES. [ ' MORE OR LESS, SUBJECT TO ALL CASMENTS. CONDITIONS AND RESTRICTIONS AS CONTAINED F • WITHIN THE CHAIN OF TITLE. -0 SE m a 0 N1 m � + O 3i — a I °i 1 I t � � t1TZVFYORS LINE PROPERTY 1 — - - PROPERTY UNE 1 ) THIS IS SKETCH RTF LEGAL QESCRIPTION ONLY, NOT A RICHT OF WAY LINE s k BOUNOARY REIRACEMENT SURVEY. C.R. COUNTY ROAD 1 ) THE BEARING RASE FOR THIS SURVEY IS BASCO UPON l,R.f.W.CA. INDIAN NN R�TR?ARMS7taGT THE SoU7H LINE OF SECTION 23, TOWNSHIP 33 SOUTH, POINT OF COMMENCEMENT r RANGE 39 dBN AST, O u"C BCARS SOUTH 0970'15' EAST. P.O.C. 1` 3) THE SCALE OF ywa ORA%40 MAY HAVE SEEN DISTORTED P." PONT OF BEGINNING DURING REPRODUCTION PROCESSES. P.B. . PLAT BOOK PQ t+ 4 ) REFtt�E[Ry 1M0 THC SPECIAL PyU�R7P�,04K SSUR�V�EYp�PREPARED�MBY Q, LF ' Ppj�i OF WARY ACE Door � t AMA�B R��YSB, ATMa� M3S ,D7�HE t'NUB[.IC RCCORQS W ROw OF WAY Ica widw xwwoarwl�c B LEMAL DEScpaPT)ON FTTHE .I/JW p PROPOSEC POND SITE FOR PARCEL 45 2 OF 2 INO" RIVER COUNTY, FLORIEIA Exhibit A Page 4 of 4