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HomeMy WebLinkAbout1997-010r` r BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease No, 41,36 THIS LEASE AGREEMENT, made and entered into this day of 19_, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR," and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as ".LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE, the lands described in Paragraph 2 below, together with the improvements thereon, and 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 Indian River, 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 50 years, commencing on , and ending on with the option to renew subject: to approval by LESSOR, for an additional 50 years, unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: LESSEE shall manage the leased premises only for the conservation and protection of natural and historical resources and for resource based public outdoor activities and education which are compatible with the conservation and protection of these public lands, as forth in subsection 259.032(11), Florida Statutes, along with other related uses necessary for the accomplishment of this purpose as designated in ls a►I� the Management Plan required by Paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased 515 411D premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, the unauthorized use of the leased premises or prevent any use thereof not in conformity with this lease. 7. ASSIGNMENT: This lease shall riot be assigned in whole or in part without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 6. MANAGEMENT PLAN: LESSEE shall prepare and submit a •`' Management Plan for the leased premises in accordance with Chapters 18-2 and 18-4, Florida Administrative Code, within 12 months of the effective date of this lease. The Management Plan shall be submitted to LESSOR for approval through the Division of State Land Department of Environmental ,., o i Protection. 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 wr.i.tt.en approval of LESSOR until the Management Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Management Plan for the leased premises. The Management Plan shall be submitted to LESSOR in draft form for review and comments within ten months of they effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any as state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit applications, design or building contracts until the Management Plan required herein has been submitted and approved. Any Page 2 of 17 Lease No. 4136 financial commitments made by LESSEE which are not in compliance • ; with the terms of this lease shall be done at LESSEE'S own risk. 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 O� 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. 9. EASEMENTS: All easements including, but not limited € 's 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. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of anynature are prohibited without the cIIII prior written approval of LESSOR, which approval shall not be unreasonably withheld. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed in accordance with plans that are in accordance with the approved Management L. Plan or shall require the prior written approval of LESSOR as to purpose, location and design which approval shall not be unreasonably withheld. Further, no trees, other than non-nativeI species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipment andv 'W Page 3 of 17 Lease No. 4136 removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE before or upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than $100,000 per occurrence and $200,000 per accident for personal injury, death, and property damage on the leased premises. Such policies of •insurance shall name LESSOR, the State of Florida and LESSEE as co -insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance to the Bureau of Land Management Services, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. LESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. 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. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE 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 lease. Page 4 of 17 Lease No. 4136 0 r F i .z x HI 14. 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. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all taxes, assessments, liens or other similar liabilities that accrue to the leased premises or to the improvements thereon arising after this lease commences including any and all ad valorem taxes and drainage and special assessments or personal property taxes of every kind and all construction or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises subsequent to the effective date of this lease. In no event shall the LESSEE be held liable for such liabilities which arose prior to the effective date of this lease. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR 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 LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. 18. 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. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, Page 5 of 17 Lease No. 4136 µ. ��, water and other public utilities to the leased premises and for having the utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same. 21. 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 during the term of this lease. This right shall be continuous until this lease expires or is terminated. This ! i 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 the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to theconditions of the,, leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no tt responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable y g pp permits, regulations, i Y ji ordinances, rules, and laws of the State of Florida or the United E# States or of any political subdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in x �� $' �y writing and shall be served by certified mail including, but not g 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. LESSOR and LESSEE hereby designate their address as follows: Page 6 of 17 Lease No, 4136 LIZ 'TERMS, 25. BREACH OF' COVENANTS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leasedpremises and attorneys' fees or maintain this lease in fullforce and effect: and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (A) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part. thereof. (B) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants, or pollution, including, € but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, 'hazardous substances" shall mean and include those elements cr 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 Page 7 of 17 Lease No. 4136 III lip I 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, 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 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. LESSEE's obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon LESSEE's obligations as set forth in Paragraph 14 of this lease, nor upon any other obligations or responsibilities of LESSEE as set forth herein. 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. This paragraph shall not be deemed to apply to any conditions existing prior to the effective date of this lease. Page 8 of 17 Lease No. 913E • • 27. 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, LESSEE shall give written notification to the Bureau of Land Management Services, Division *=q of State Lands, Department of Environmental Protection, Mail r' Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or ' all 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 the 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 termination or expiration of this lease, all permanent/capital improvements, including both `t3 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 discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, Department of Environmental Protection, shall . perform an on -site inspection and the keys to any building on the leased premises shall be turned over to the Division. 28. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with Paragraph 18-2.004(1) (d), Florida Administrative Code, which have been selected, developed, ,,,, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. If the improvements do not meet all conditions as set forth in Paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. �.. 29. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to the respective arthropod Page 9 of 17 Lease No. 4136 40 control district or districts within one year of the effective date of this lease all of the environmentally sensitive and biologically highly productive lands contained within the leased premises, in accordance with Section 388.4111, Florida Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of obtaining a public lands arthropod control plan for such lands. 30. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE 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 leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 31. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 32. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state- owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. The Management Plan prepared pursuant to Chapters 18-2 and 18-4, 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 leased premises. 33. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any 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. Page 10 of 17 Lease No. 4136 • • u >� 34. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and the improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or litter, meeting all building and safety codes for the location situated, maintaining the planned improvements as set forth in the approved Management Plan 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 lease, reasonable wear and tear excepted; 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, enhancement, or safety of the natural and historical resources within the leased premises and with the approved Management Plan. 36. GOVERNING IAN: This lease shall be governed by and interpreted according to the laws of the State of Florida. 37. SIGNS: LESSEE shall ensure that the area is identified as being publicly owned and operated as a public facility in all signs, literature and advertising. If federal grants or funds are used by LESSEE for any project on the leased premises LESSEE shall erect signs identifying the leased premises as a federally assisted project. 38. 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. 39. 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 px:oraed based on Page 11 of 3.7 Lease No. 4136 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. x � IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNALIMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA TM By: (SEAL) tr Witness CHIEF, BUREAU OF LAND MANAGEMENT SERVICES, DIVISION Print/Type Witness Name OF STATE LANDS, DEPARTMENT OF ENVIRONMENTAL PROTECTION Witness "LESSORU Print/Type Witness Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 19, by Daniel T. Crabb, as Chief, Bureau of Land Management Services, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, who is personally known to me or who has produced as identification. Notary Public, State of Florida (SEAL) ( Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page ].2 of 17 Lease No. 4136 a • • B y : � C . (SEAL Print/Type itrrs.aJame Print/Type Name c1 Its : _tatt%stf tA.ct_..1atF,s a Ti;6.94 61/r4 3 Witness M 1jj f',+7- C'H 1'( 3C� bE?QL "LESSEE" Print/Type Witness Name APPROVED AS TO FORM ANO L' ALrSL1FNCY BY T ERRENC�' P O BS)EN ASST. COUNTY ATTORNEY (OFFICIAL SEAL) Attest: f<. BARTON - e643f4-- Print/Typpe NName Its: G/•4h°`l",�,� STATE OF FLORIDA COUNTY OF INDIAN RIVER The fore ing instrument was acknowledged before me this /7 day of 19f, by K.!T and A,q 0/IIYA __ p , as 41&7 A - and K , respectively, on behalf of the Board of Co nty'Commissioners of Indian River County, Florida, who are personally known to me, car-+tae-+mt—-edged Notary Public, State of Fl ida (SEAL) Type Notary Name ttPA1tiIGNM.RIDOEi.Y ceGumsi0M7(� 44DEXPkM Conunission Number: r UJm27.I qj, Yg, �A«^%O iBplfiOYiAni7GutAN;�t?� Commission Expires: EXHIBIT A • e All of the following land in Indian River County, Florida described as follows: South 165.00 feet of the North 825 feet of Government Lot 11, Section 26, Township 31 South, Range 39 East, said 165.00 feet being measured along the West boundary line of said Government Lot 11. TOGETHER WITH The North 660 feet of Government Lot 10, Section 26, Township 31 South, Range 39 East (said 660 feet being measured along the East boundary line of said Government Lot 10) less and except Jungle Trail, as recorded in Plat Book 9, Page 40A, Public Records of Indian River County, Florida. TOGETHER WITH The North 660 feet of Government Lot 11, Section 26, Township 31 South, Range 39 East (said 660 feet being measured along the West boundary line of said Government Lot 11). TOGETHER WITH All of Government Lot 3, Section 25, Township 31 South, Range 39 East, EXCEPTING therefrom the following four parcels: EXCEPTION I That portion of the South 500 feet of Government Lot 3, Section 25, Township 31 South, Range 39 East (measured on the East line of State Road A3.A) that lies East of AlA highway. EXCEPTION 2 The North 400 feet of the South 1,250 feet lying East of State Road AlA, measured along the easterly right of way of State Road AlA, of Government Lot 3, Section 25, Township 31 South, Range 39 East, Indian River County, Florida. Also described as a parcel of land situate in Section 25, Township 31 South, Range 39 East, Indian River County, Florida more particularly described as follows: Commencing at the Southwest corner of Section 25, Township 31 South, Range 39 East, run Northerly along the West line of Section 25 a distance of 1,608.76 feet to the North line of Government Lot 3; thence S 89°42'47" E along the North line of government Lot 3, a distance of 792.13 feet to the Easterly Right of Way line of State Road AlA (100' Wide); thence S 24°43'18" E along the Easterly Right of Way line of State Road AlA a distance of 497.76 feet to the Point of Beginning; thence N 89°05'23" E a distance of 598.81 feet to a Point on the Mean High Water Line of the Atlantic ocean; thence along said Mean High Water Line S 23°00'32" E a distance of 53.10 feet; thence S 24°18'34" E a distance of 75.53 feet; thence $ 19°57'20" E a distance of 60.46 feet; thence S 21°33'35" E a distance of 68.79 feet; thence S 23°33'41" E a distance of 72.10 feet; thence S 22°02'04" E a distance of 55.55 feet to the South Line of the Parcel of land described herein; thence along said South line S 09°05'23" W a distance of 581.67 feet to a Point on the Easterly Right of Way line of State Road AlA; thence N 24°43'18" N along the Easterly Page 14 of 17 Lease No. 4136 • d • 11) 11 b � Right of Way line of State Road MA a distance of 400.00 feet to the Point of Beginning. EXCEPTION 3 i Beginning at the point of intersection of the West Right of Way of State Road AlA and the South line of Government Lot 3, Section 25, Township 31 South, Range 39 East, said point being approximately 1402.56 feet East of the Southwest corner of said Section 25; thence run Northwesterly along said West Right of Way a distance of 250.00 feet; thence run Southwesterly a distance of 368.46 feet to a point on said South line of Government Lot 3, said point being 391.11 feet West of the aforesaid Point of Beginning; thence run East along said South line of Government .:` Lot 3 a distance of 391.11 feet to the Point of Beginning. This conveyance shall include all riparian and littoral rights and all right, title and interest of grantor in and to any submerged lands adjacent to the lands specifically described above, and all interest in any strips and gores of land immediately adjacent thereto. 4 [ EXCEPTION 4 The North 13.71 feet of the South 776.10 feet of Government Lot 3, Section 25, Township 31 South, Range 39 East, Indian River County, Florida, lying east of State Road A1A. TOGETHER WITH The South 1/2 of Government Lots 10 and 11, Section 26, Township 31 South, Range 39 East, less and except Jungle Trail as recorded p g in Plat Book 9, Page 40A, Public Records of Indian River County, Florida, also EXCEPTING therefrom the following six parcels: I ] EXCEPTION 1: Beginning at a point 220 yards South of the North boundary of Government Lot 10, Section 26, Township 31 South, Range 39 East and on the bank of the Indian River, run due East to the Easterly Boundary of said Government Lot 10; thence run due South along said Easterly boundary 165 feet, thence run due West to the banks of the Indian River; thence in a Northerly direction along said f. Indian River to the place of beginning. EXCEPTION 2: The South 508.3 feet of Government Lot 10, Section 26, Township 31 South, Range 39 East. EXCEPTION 3: Beginning at a point on the Indian River 1110 feet South of the North Boundary of Government Lot 10, Section 26, Township 31 South, Range 39 East, run due East to the East Boundary line of said Government Lot 10 for Point of Beginning; thence run East 196 feet in government Lot 11, Section 26, Township 31 South, Range 39 East; thence run South 210 feet, thence run due West 196 rf' feet to the boundary line between Lots 10 and 11; thence run North along said line 210 feet to Point of Beginning. EXCEPTION 4: M EXCEPTION 5: ._= A strip of land in Government Lot 10, Section 26, Township 31 South, Range 39 East, in Indian River County, Florida, described according to the plat of survey made by Carter & Damerow, Inc., consulting engineers for H.J. Zaph (sic) in August, 1930, as follows: Beginning at a point on the dividing line between Lots 10 and 11 in said Section 26, 284.2 feet North of the South line of said section, thence run the said dividing line North 16.2 feet, thence run West 279.8 feet, thence run South 16.2 feet; thence run East 279.0 feet to the Point of Beginning as described in deed dated September 14, 1942, recorded in Deed Book 36, Page 111, Indian River County, Florida, records, described as follows: A parcel of land in government Lot 10, in section 26, township 31 South, range 39 East, in Indian River County, Florida, described according to the plat of survey made by Carter and Damerow, Inc., consulting engineers for H.J. Zapf in August, 1930, as follows: Beginning at a point on the dividing line between lots 10 and 11, in said section 26, 284.2 feet north of the south line of said section, thence run the said dividing line north 16.2 feet, thence run West 279.8 feet, thence run south 16.2 feet, thence run east 279.8 feet to the point of beginning. EXCEPTION 6: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE LYING AND BEING IN SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TALLAHASSEE BASE MERIDIAN INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 26, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, BEARING NORTH ZERO DEGREES TWENTY-EIGHT MINUTES FORTY-SIX SECONDS WEST (N 0°28'46" W) ALONG THE EAST LINE OF SAID SECTION 26 A DISTANCE OF FOUR HUNDRED THIRTY AND ZERO ONE HUNDREDTHS FEET (430.01') TO A 7/B" IRON ROD WITH ALUMINUM ALLOY CAP STAMPED GWW RLS 5075; THENCE, LEAVING SAID EAST LINE OF SECTION 26 BEARING SOUTH EIGHTY-NINE DEGREES FIFTY-FOUR MINUTES SIXTEEN SECONDS WEST (S • 89°54'16" W) ALONG A LINE 430' NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 26 A DISTANCE OF ONE THOUSAND ONE HUNDRED TEN AND SIXTEEN HUNDREDTHS FEET (1,110.16') TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUING ALONG SAID NORTH LINE BEARING SOUTH EIGHTY- NINE DEGREES FIFTY-FOUR MINUTES SIXTEEN SECONDS WEST (S 89°54'16" W) A DISTANCE OF THREE AND FIFTY-SIX HUNDREDTHS FEET (3.56') TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP STAMPED GWW RLS 50751 THENCE, LEAVING SAID NORTH LINE BEARING NORTH ZERO DEGREES SIXTEEN MINUTES FORTY-FOUR SECONDS EAST (N 0°16'44" E) A DISTANCE OF SIXTY-TWO AND NINETY-THREE HUNDREDTHS FEET (62.93') TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP STAMPED GWW RLS 5075; THENCE, BEARING SOUTH EIGHTY-NINE DEGREES FORTY-THREE MINUTES SIXTEEN SECONDS EAST (S 89°43'16" E) A DISTANCE OF THREE AND FIFTY-SIX HUNDREDTHS FEET (3.56') TO A SET 7/8 IRON ROD WITH ALUMINUM ALLOY CAP STAMPED GWW RLS 5075; Page 16 of 17 Lease No. 4136