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Assignment & Assumption 9/20/2006 DANNY"L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 7, 2008 TO: Suzanne A. Hutton County Attorney ATTN: Kathy M Peters Executive Assistant FROM: Isabel C. DeSantis . Deputy Clerk At the September 20, 2006, Board of County Commissioner's meeting, the Board approved an Interlocal Agreement between Monroe County and the Key Largo Fire Rescue and Emergency :Medical Services District. With that said, Section 2.4 & 2.7 of the ILA, authorized a Consent to A.ssignment and an Assignment and Assumption of Lease Number 3671 - Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Assignment and Assumption" Enclosed are seven (7) duplicate originals of the above-mentioned Lease and three (3) duplicate originals of the Consent for your handling. Please be sure that the Clerk is provided with a complete sign copy of the Lease for the record. Should you have any questions, please do not hesitate to contact this office. Thank you. cc: Finance File ,/ DANN]1 L. KOLHA GE CLERK" OF THE CIRCUIT COURT DATE: October 2, 2008 TO: Suzanne A. Hutton County Attorney A TTN: Kathy M Peters Executive Assistant t-) _ 1\, \ '.J Isabel C. DeSantis, , r'I ,l"j'- Deputy Clerk k\- j FROM: At the BOCC meeting on 09/20/06 the Board approved an lnterlocal Agreement between Monroe County and the Key Largo Fire Rescue and Emergency Medical Services District. Attached is the recreated original and five (5) marked distribution copies of the Assignment and Assumption executed by Monroe County for your handling. Should you have any questions, please do not hesitate to contact this office. Thank you Kathy for all of your efforts to finalize the matter. cc: Finance File \ MONROE COUNTY CLERK'S OFFICE COpy AOLl BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ASSIGNMENT AND ASSUlVIPTION OF Lease Number 3671 MONROE COUNTY, FLORIDA, ("Assignor"), for value received!, d!oe5, ~m.bje1:1i: to 'wrdJit2:Jlil consent of tll1e Board of Trustees of the Internal Improvement Trust Fund of the State of F~iOlrJldl21 ("Lessor"), hereby assign, transfer and convey 1000/0 of its right, title, and interest vested under Lease Number 3671 dated July 7, 1993 (the "Lease") by and between Lessor and Assignolr, 215 Lessee to KEY LARGO FIRE RESCUE AND EMERGENCY MEDICAL SERVICES, @lti\ hdependcut special district, ("Assignee"), for and during the remainder of the term of the Lea~e ~uld ail renewals thereof, subject to the full payment of fees and the performance of all covenants, conditions, and provisions required to be performed by the Lessee under the term5 of the 1-1e~u!~~) and subject to the conditions and provisions therein set forth. ~~.~ 'Witness ./ By: ~,;'yJ eo/ (;(.. ~:;. J-/ a. VI ~Q ,....J C Pri t/Type )Vitness Name Title: Mavor es~. , P~f,,-, e-JL vV L, c t-<::,. Print/Type 'Witness Name "OFFICIAL SEAL" DANNY L. KOLHAGE, CLERK OF THE COUJRl' ST: By: ~C:LL<:.i!- Q LQJJll-4'/}'1tv~- Deputy Clerk 9) a cl oCr Da'te =-=--=-- Clerk of the Board of County ....., Commissioners ofMmu~C~ty ~ :;;:: nz .., :';J) r- z ,." Ci PI CD fYj :;~) -< (""):;;-.: r- C1 n:x ('::~; :ii 0 -0 z. r :z --{ C"):I: ;<:-l)> is? ." C> r- rT1 ." r fTl o ." o :::u :lJ rTl n o A:) c STATE OF FLORIDA COUNTY OF MONROE ~The foregoing instrument was acknowledged before me this Z.3~ day of _ 7' 20~, by c.t" ttV'"I c..S c S 10 ".,..... '/ · M c..c.o Y , and /s~J, G. Dt:.S<a.....-f.!S. as J\1~ov" -.I &J1JtrcT, -- D-'!.r.i,,(,~t _ G/ e.tr~ respective y, on behalf of the Board of Counltv CommllSSWllJlerS of Monroe County, Florida. H~perso~naIl.Y- known to me. ( 1A.--a, ~- - Notary Public, State of Florida Print/Type Notary N~me Commission Number: Commission Expires: Page 1 oi: 3 Assignment of Lease No. 3671 .,..""...."'~.. PAMELA G. HANCOCK - LrA.' MY COMMISSION # DO 739412 :~~.y EXPIRES: February 7, 2012 ~~~~, Bondedlhru Notary Public Underwrtters 'lilli'" A.CCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF LEASE KEY LARGO FIRE RESCUE AND EMERGENCY MEDICAL SERVICES DISTRICT., ("ASSIGNEJ~"), in consideration of the foregoing Assignment, subject to written ~onsent of 1tJlsf' Lessor, does hereby accept assignment of the Lease, as Lessee, and assumes and agrees fOR" -a-h~ benefit of the Lessor to make all payments, and agrees to perform all covenants, agreements, conditions and provisions of the Lease. Further, Assignee agrees that it, its successors a.nd a3s~,g1']~ shall be bound for the due performance herein in the same manner as was 1tILM~ " as ~J- ('; original lessee named in the Lease, for and during the remainder of the term of the Lease ~.Jmd renewals thereof. { ;f{AffL ~JJ n t/-} Witness .5J ~rene.. · (A Print/Type 'VitnesS Name a dhl ~dA4d- ~ KlfCbfCL 4~C-/C II ///2 "- Print/Type 'Vitness Name STATE OF JFLORIDA COUNTY OF MONROE KEYLARGOF~RESCUE~~n EMERGENCYME-PICAL ERV ( I, J))\l~.,.. i r By: v__/,/J~" ~ \ ~ i 'oJ 'v Title: \, \.. L '/~ r~\ . J~ \LJ t.=jL.~ t'-l Print/Type Name C:'%rLNA~ "ASSIGNEE~" C The foregoing instrument was ~,ckll(rvledged before me this "~}lay of /YY f'E/c,3L-,/i!.- 20./H., by I/U /LG.I /),IYJ IJ N ~ Ee.5 6N , as C 1+ # Item.4,v of Key Largo Fire Rescue and Emergency Medical Services District. He/she is personally knOVi::l to me. Page 2 of 3 Assignment of Lease No. 3671 v--~ dc.A u:/Z/!-- of Florida ~ Co. d.~.JIJ J. L e G"-~ (/' t. Print/Type Notary Name Commission Number: t)n 5S 3 s' 58' Commission Expires: (, / z ~ I' 0 CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE Lease Number 3671 BOARD OF 'TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST OF FLORID.~, the Lessor of the property described in ~he fo.regoing Assignment and Assumption of Lease J~' 2009. FUND OF THE STATE the L~ consents this day of BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY:~_ 00Y~ (SEAL) GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: "LESSOR" --- STATE OF FLORIDA COUNTY OF LEON ~The foregoing instrument was acknowledged before me this ~day of )~ ' 2009, by Gloria C. Barber, Operations an.r-- Management Con ultant Manager,Bureau of Public Land Administration, Division of State Lands, State of Florida 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. She is personally known to me. (SEAL) Print/Type Notary Name .')'\'r1r~Y pu&<_ Sylvia S. Roberts Commission Number: ; ~ Commission # 00468884 (~\ ;- Expires September 6, 2009 OF \-\-0 Bonded TrOt Fain - Insurance. Inc 800-385-7019 Commission Expires: Page 3 of 3 Assignment of Lease No. 3671 Revised 11/07 /~ n ,IJ j; /c u1lt ttAOl[4'JL BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMEN'l~ TRUST FUND OF THE STATE OF FLORIDA LEASE. AGREEMENT Lease H(). 3671 THIS LEASE AGREEMENT, made and entered into this 7th day of July 1993, between the BOARD OF TRUSTEES OF THE INTERNAl. IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinaf~ter referred to as "LESSOR," and the BOARD OF COUNTY COMMISSI:ONERS OF MONROE COUNTY, hereinafter referred to as "LESSEE." LESSOR, tor and in consideration of mutual covenants and agree.enits hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the followinq terms and conditions: 1. D~LEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Natural. Resources. 2. DESCRIPTION OF PREMISES: The property subject to thi6 lease, is situated in the County of Monroe, State of Florida and is more :particularly described in Exhibit "A" attached hereto and hereinarter referred to as the "leased premises". . 3. ~: The term of this lease shall be for a period of Fifty (51()} years cOJDJIencinq on July 7, 1993 and ending on July 6, 2043 , unless sooner terminated pursuant to the provlsions of this lease. 4. PURPOSE: The LESSEE shall manaqe the leased premises only for the establishment and operation of a fire station, along with otht:.r related uses necessary for the accomplishment of this ..1...... ~ premises for all purpo~e~ necessary t~ the full quiet enjoyment by said LESSEE of the rights .conveyed herein6 6. UNAUTHORIZED USE: LESSEE shall, through its aqents and emploYlees, prevent the unauthorized use of the leased premises or any us~e thereof not in conformance with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assigmnent made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. 8., MANAGEMENT PLAN: LESSEE shall prepare and submit a Managelllent Plan for the leased premises, in accordance with Chapte:rs 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 Lands. ~e 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. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparinq and developing the Management Plan for the lea:sed premises. The Management Plan shall be submitted to LESSOR .in draft form for review and comments within ten months of the eff4Elctive date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, jEederal or local permits as well as any public hearings or meetingu relating to the development or use of the leased premise!;. LESSEE shall not proceed with development of said leased I)remises inClUding, but not limited to, funding, permit applicat~ion, design or building contracts, until the Management Plan reQ~ired herein has been submitted and approved. Any financia.l commitments made by LESSEE which are not in compliance .~,':...1- ........ _ .. __ _ _ ~ L..... provide the b~sic guidance for all management (lctivitl~s and shall be reviewed jointly bJt LESSEE and LESSOR at least every five (!5) years.. LESSEE shall not use or alter the leased premislas except as provided for in the approved Management Plan withou1: the prior written approval of LESSOR. The Management Plan prepared under this lease shall identify management strate~Jies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. LESSEE and LESSOR are aware that a building, used as a fire station, is extant upon the leased premises. LESSEE shall have the right to, immediately, make sUlch repairs and/or improvements upon said building necessitated because of hurricane related damage and/or for the general maintenance/security of the leased premises. such general repairs or maintenance, specifically the' restoration of the hurricane damaged main doors, do not require the submission of plans by LESSEE. 9. 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 LESSClR shall be void and without legal effect. All easements that exlst as of the date of execution of this Lease Agreement are pennitted without rurther written approval of LESSOR. 10.. SUBLEASES: This agreement is for the purposes specifiEsd herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approvecl 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 at any and all times to inspect the leased premises and the works and ~~___~J_.__ _~ .~__~_ . ':, flpproval of LESSOR as to purpos4ec location and design" except a~ provided in paragraph 8, abovs. Further, no trees, other than non-na'tlve species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipmlent and removable improvements placed on the leased premisf:!s by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 1:' · INSURANCE REQUrREMENTS: Dur inq the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, clnd liability insurance coverage. The extended risk and fire irlsurance coverage shall be in an amount equal to the full insurable replacem.ent value of any improvements or fixtures locateal on the leased prem.ises. The liability insurance coverage shall be in amo~ts not less than $100,000.00 per occurrence and $200,000.00 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 insuran,ee policies required herein prior to the effective date of this leiase and shall submit annually thereafter, written evidence of mairrtaininq such insurance policies to the Bureau of Land Managem.~nt Services, Division of State Lands, Department of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399. LESSEE shall purchase all policies of insurance from a j:inancially-responsible insurer duly authorized to do busines!; in the state of Florida. LESSEE shall immediately notify I,ESSOR and the insurer of any erection or removal of any buildingr or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the_ insu.rer to make adequate chanqes in the coverage to reflect ............... ......... -- - -- - - - ---, - - - l~l G lBDEMNITY: LESSEE h~reby oovenan.t~ fij,nd agrees to investlgate all claims of every nature at its own expense, and to indemnlfy, protect, defend, save and hold harmless the state of Floridcl and LESSOR from any and all cla.ims, actions, lawsuits and demandel of any kind or nature arising out of this lease to the extent provided by law. 15,. PAYMENT OF TAXES AND ASSESSMENT~: LESSEE shall assume full re~sponsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all ad valorem taxes and drainaqe and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be. hereafter lawfully assessed and levied against the leased :premises. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any lone or mo~e instanoes upon strict performance of anyone or more of the oovenants, terms and conditions of this lease shall nc)t be construed as a waiver of such covenants, terms or conditic)ns, but the same shall oontinue in full force and effect, and no "aiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth ill writing, signed by LESSOR. 17. nHI: Time is expressly declared to be of the essence of this lease. 18. NON DISCRIMINATION: LESSEE shall not discr~minate against any individual because of that individual's race, color, reliqion., sex, national origin, age, handicap, or marital status with respect to any activity occurri~g 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 40f all charges for the furnishing of gas, electricity, .._.....__ __..31 _.A.... LESSEE to drill f~r or develop the samet and LESSOR specifi~ally reserves the right to lease the leased premises for purpose of explori:ng and recovering oil and minerals by whatever means appropr.iate; provided, however, that LESSEE named herein shall be fully clompensated for any and all damages that might result to the lealsehold interest of said LESSEE by reason of such explora1~iori and recovery operations. 21,. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all finclncial and other records relating to this lease, and LESSOR ashal1 have the riqht to either audit such records at any reasonable time or require the submittal of an annual independent audit b3~ a Certified Public Accountant during the term of this lease. This riqht shall be continuous until this lease expires or is tE~rminated. This lease Day be terminated by LESSOR should LESSEE 1:ail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this leaLse, pursuant to the provisions of Chapter 119, Florida Sta tutes~. 22. CONDITrON OF PREMISES: LESSOR assumes no liability or obliqati.on to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSE:E in an "as is" condition, with LESSOR assUDlinq no 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 obtaininq all applicable permits and complying with all applicable permits, requlations, ordinanc1es, rules, and laws of the State of Florida or the United states or of any political SUbdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in writinq .and shall be served by certified mail includinq, but not Bureau of Land Management Service~ 3900 Commonwealth Boulevard Tallahassee, Florida 32399 LE:SSEE: County of Monroe County Administrator 5100 College Road stock Island, Key West, FL 33040 25" BREACH OF COVENANTS. TERMS. OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach 'within sixty (60) days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within Isixty (60) days of receipt of written notice, LESSOR may either 'terminate this lease and recover from LESSEE all damages LESSOR lDay incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorne~,s' fees or maintain this lease in full force and effect and exe]~cise all rights and remedies herein conferred upon LESSOR. 26.. DAMAGE TO THE PREMYSES: (A) LESSEE shall not do, or suffer t;o be done, in, on or ,upon the leased premises or as affectirlq said leased premises or adjacent properties, any act which m2LY result in damage or depreciation of value to the leased premisesJ or adjacent properties, or any part thereof. (B) Lessee shall nett generate, store, produce, place, treat, release or dischar~re any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other ag_nts 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 wasteD ~ubstanceu material, pollutant or contami~ant0 "Pollut:ants" and Upollutionli shall mean those products or substarlces defined in Florida statutesp Chapter 376 and Chapter 403 and the rules promulqated thereunder, all as amended or updatedl from time to time. In the event of LESSEE's failure to comply with this paragraph, LESSEE shall, at its sole cost and expenSEt, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premisas, and (2) all off-site qround 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 wa'ters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, requlations, orders and decrees, and to restore'the damaged propert:~ to the condition existing i1lllediately prior to the OCCUrrell'1Ce which caused the damage. LESSEE I s obligations set forth iJrl this paraqraph shall survive the termination or expirat=Lon of this lease. This paraqraph shall not be construed as a liJl1itation upon LESSEE's obligations regarding indemnij:ication and payment of costs and fees as set forth in Paraqral)h 14 of this lease, nor upon any other obligations or responsilbilities of LESSEE as set forth herein. Nothinq herein shall rEtlieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by qovernmelntal agencies, and the cost of cleaning up any contamiJ1lation caused directly or indirectly by LESSEE I 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, 27 c; ~URRENDER OF at..~rSES: Upon, 'tenninatlon or expiration of thi~; lease, LESSEE shalll surrender the leased premises to LESSOR" In the event no further use of the leased premises or any pal~t thereof is needed, LESSEE shall give written notific:ation to LESSOR and the Bureau of Land Management ServicE~s, n1 vision of state Lands, Department of Natural Resourc:es, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 aLt least six (6) months prior to the release of any or all of the leased premises. Notification shall include a legal descripttion, 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 imprQvements, 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 ia11 such improvements at the expense of LESSBE. The decisioln to retain any improvements upon termination or expiratlon of this lease shall be at LESSOR'S sole discretion. Prior t<<) surrender of all or any part of the leased premises a repres~~tative of the Division of state Lands shall perform an on-site inspection and the keys to any building on the leased premise!; shall be turned over to the Division. If the improvements, do not meet all conditions as set forth in paraqral)hs 19 and 35 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 28. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicatlle Best Hanaqement Practices for all activities conducted under tbis lease in.compliance with paragraph lS-2.004(1) (d), Florida Administrative Code, which have been selected, developed, or enc1nnbrance of any natur~ against the real property ~ontain~d in the leased premises including, but not limited to, mortqaqes or cont;truction liens against the leased premises or aqainst any intere2;t of LESSOR therein.. 30. P~TIAL INVA~IDITY: If any term, covenant, condition or pro,'ision of this lease shall be ruled by a court of competent jurisdi.ction, to be invalid, void, or unenforceable, the remaindler shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 31. 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 obtaine,cJ from the Department of state, Division 'of Historical Resourc1es. The Management Plan prepared pursuant to Chapters 18-2 an4~ 18-4, Florida AdIlinis'trative Code, shall be reviewed by the DivIsion of Historical Resources to insure that adequate measure::; have been planned to locate, identify, protect and preserv.a the archaeological and historic sites and properties on the leased premises. 32,. SOV~EIGNTY SUBMERGED LANDS: This Lease does not authori~~e the use of any lands located waterward of the mean or ordinar}r high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabctve. 33. DUPLICATE ORIGINALS: This lease is executed in duplicat,e originals each of which shall be considered an original for all purposes. 34. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the lensed prem.ises free of trash or litterp maintaining all planned improvements as set forth in the approved Management Plan, Dleetinq all buildinq and safety codes in the location si tuatE~d and maintaining any and all existing roads, canals, ditches:, culverts, risers and the like in as good condition as the sanne may be on the effective date of this lease. 36. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the state: of Florida. 37. 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. IN WITNESS WHEREOF, the parties have caused'this lease to be executed on the day and year first above written. TRUSTEES OF THE :INTERNAL TRUST FUND OF THE FLORIDA .. "LESSOR" STATE OF FLORIDA COUNTY OF LEON ;2IIThe foregoi ~ da:y of D1rector, Div1s1on of Resource:s, who is/are not) tak.e an oath. trument w~ acknowledged before me this 19~, by Percy w. Mallison, Jr., as state Lands, Department of Natural personally wn to me and who dl. I(did ( SEA]c,) Q, ~ ~- (i-fA- fPs ~~r\, ~ . 1!). ?Q.W" \(QJro Pr nteol or TYPed NaIRe y)~e/. ~ --r i1 tness, . "~~\c:,o...::c . kno~\~S Pr1ntedl or Typed HaIRe STATE O~F FI.DRIDA. COUNTY OF !DR>E BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, i,!DA L) Mayor IChaitmm "LESSEE" ATTEST: DANNY L. KOLHAGE, CLERK By: (1,./::l;~le~~ Th,e foregoing instrument was acknowledged before me this :10 day of ~ hl'l.:t; 19l1, by ~t">...>> ';::1~ltY'\ , as ~~ , Bt*rd of county COIIIIIlisSIOil".&. of oe County, Florida, who is/are persona,lly known to me and who didl (did not) take an oath. 1oh&~~~1 Florida (SEAL) printed, typed or stamped name: _~ ~ -An.^ -S~V\""'~e..N1 Commission Humber: C.t~\1 3~.:L::t My Commission Expires: @ RUTH ANN JANTZEN NoWy STATE OF FLCH>A PubIc My Conm Exp12l30/95 BONDED >>:;'-i( kl-: ~ 7/f!;xQlitj.. . I I EXHIBIT nAif LEGAL DESCRIPTION OF THE LEASED PREMISES Blc)ck 1 of Plat NO.5, J(E~ LARGO CITY, Plat Book 1, Pa~Je 176, 8S recorded in the Public Records of Monroe County, FlorIda. AND Blc.ck 3 of Plat NO.5, KEY LARGO CITY, Plat Book 1, Page 176, aa recorded In the Public Recorda of Monroe COlllnty, Plor!da. AND Blc'ck 5 of Plat NO.5, KEY LARCO CITY, Plat Book 1, Page 176, a8 recorded In the Public Records of Monroe County, Florida,. excluding Lots 24, 25, 58, 59, 60 and 61, and Lots 8, 9, 44-and 45. LESS AND BXCEPT the nReplattea Lan~. which conslats ot Lots 1 tbrDugb 7, inclu8ive, and Lots 30-43,'lnclu81v8, of Block 5 of Plat Ro. 5, KEY LARGO CIT!, Plat Baok 1, Page 176, .a recorded in the Publie Records of Monroe County, rlorJ.44, and any and all other laneS. lying within the Revised Plat Portion of Block 5, Plat No. 5,. XBI LARGO CITY and Other Landa as recorded in Plat Book 3, Page 155, aa. recorded in the PUblic Records of Monroe County, Plocida.