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DGS-89093000 1 • f f 1 ■ ,�� wr 7 I STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES FORM OF AGREEMENT BETWEEN USING AGENCY AND AGENT STATE PROJECT NO. DGS- 89093000 STATE SAMAS CODE (NOT YET ASSIGNED) a STATE PROJECT NAME AND LOCATION ' MONROE COUNTY GOVERNMENTAL CENTER - MARATHON, MONROE COUNTY, FLORIDA f I e " USING AGENCY a MONROE COUNTY, FLORIDA KEY WEST, FLORIDA 33040 (305)294 -2908 :; Bob Martinez i Governor Jim Smith Tom Gallagher, Treasurer & Secretary of State Commissioner of Insurance I Bob Butterworth Doyle Conner S Attorney General Commissioner of Agriculture Gerald A. Lewis Betty Castor Comptroller Commissioner of Education i - Ronald W. Thomas Executive Director 5 P 3( -" AGREEMENT FOR SERVICES THIS AGREEMENT ' made this 9th of January in the year Nineteen Hundred and Ninety BY AND BETWEEN THE DEPARTMENT OF GENERAL SERVICES, STATE OF FLORIDA, hereinafter called the AGENT, and MONROE COUNTY, FLORIDA located at 5825 Junior College Road West Wing III, Stock Island KEY WEST, FLORIDA 33040 hereinafter Galled the USING AGENCY WITNESSETH, that whereas the USING AGENCY intends to retain the services of the AGENT for the design, bidding and construction of the Monroe County Governmental Center; and that whereas the limitations will be those Covered in the attached letter of Deeember 30, 1988, in the attached Preliminary Development Agreement for Regional Serviae Center, Monroe County, Florida and in the attached First Amendment to Preliminary Development Agreement for Regional Service Center, Monroe County, Marathon, Florida; NOW THEREFORE, the AGENT and USING AGENCY, for the considerations hereinafter set forth, agree as follows: Article 1. Following execution of this Agreement by all parties, Monroe County, Florida agrees to transfer to the AGENT the sum of $2,999,517.00. This $2,999,517.00 and the State funds previously appropriated in the amount of $150,000 for planning and $850,000 for aonstruetion will be utilized to design, bid and aonstruet the 25,000 square foot facility desired by Monroe County, Florida. Separate aaeounts will be maintained for the $150,000, the $850,000 and the $2,999,517 so that the individual changes against each are known at all times. Article 2. The AGENT agrees to keep the $2,999,517.00, or decreasing portion thereof, invested at all times and to return any unexpended balance (including interest) to Monroe County, Florida upon completion of the project. Article 3. The AGENT agrees to furnish or cause to be furnished services including, but not limited to, assisting in program development; preparing budgets and requesting incremental fund releases as required; engaging, coordinating and administering necessary consultants' services; administering the bid and award of aonstruetion agreements to accomplish the work; and administering the agreements for construction. Article 4. The AGENT is authorized and requested to enter into agreements with architects, engineers and eontraators, using the AGENT'S forms and procedures, for the planning, design, bidding and aonstruetion of the Project. Article 5. The USING AGENCY agrees to designate a representative for the project to be solely responsible for all USING AGENCY actions under this agreement and who will receive, review and respond in a timely manner to all questions and requests from the AGENT. Article 6. The AGENT does not guarantee that the project Gan be completed within the Total Budget of $3,999,517 , (2,999,517 + $150,000 + $850,000 =$3,999,517), but does agree not to commit funds in excess of $3,999,517 without mutual agreement and an Amendment to this Agreement authorizing such increase. Page 1 of 3 a , Article 7. The USING AGENCY agrees to pay the AGENT an administrative fee of . $62,843 for its services under this Agreement. Article 8. The AGENT will assess the administrative fee of $62,843 from the $2,999,517 forward to the AGENT by the USING AGENCY under Article 1 hereinabove. Article 9. This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination, the USING AGENCY shall pay for all commitments made and due, as a result of this Agreement (all Architect Agreements, Engineer Agreements, Construction Agreements, Authorizations, Amendments, etc.), up to the date of termination, including terminal expenses. • `s g Pi k 4 '4 1 4 i J Page 2 of 3 f r _ -pry -..: IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and . year first written above. USING AGENCY APPROVED AS TO PPM MONROE COUNTY, FLORIDA A.ND CAL SUP I !EtICY. ny .� . (SEAL) Recommended: Arr rr. r. 7s Office Attest: DANNY L. KOLHAGE, CLERK By �. 0/. By ' 59 uty er7 Tin Stormont - ,ayor Chaih m of the Board of County Commissioners • of Monroe County, Florida • AGENT DEPARTMENT OF GENERAL - SERVICES Recommend Re co . - ed : ..v By 1 It B ! � :.�. �� William AI ':rin;t , P.E. Robert J. .oerema, FAIA, Director, Assistant let() 1 Division .f Building Construction, '.,t Division •�; ilding Construction, Department of General Services Department of General Services Approved As To Form And Legality: APPROVED: By Altai , Ofte 1 �� . �t y .�1. � F41 11VI_I� By \ 1-- /' IN cZ 4 O'fice 'f General Counsel, Ronald W. Thomas Department of General Services Executive Director Department of General Services t.= ; a x Page 3 of 3 1 • 1110 • • L BOARD OF COUNTY CO" COMMISSIONERS 4UNTY MOlV ROE - '�,.::)etmlrla I- arvu s sr� KE� west r ' ?4% - ? :i l: IV -. t iriCt PM Twn Gera l :ton, District ` X1 :')4 41141 n'D, 13J4.7 1 4 - 4 r � j „ ��!• • t, rr .. r 1�. t....,!.. i .10•:!.;;, District 3 - - _ J:)t;n .;tormrn », nistrira / iP je 3 .i, 1. 30, 1938 i'1r. Harold B. Barrand, Architect Construction, Planning and Design Manager Department of General Services 8590 N.W. 67T1I Avenue Miami, Florida 33015 ::ub-jec't: Marathon Permitting Center nc.Sr throl ; : This letter r.unstitutc•_ r, t ;'Ont LSIIIC tU i"�t F the � ,�� 'j' e 'lfiq aCl(.atlgn ;. , i�3!:hr)rl:: t iC):1 1.0 lL s;ur_ he design of the Center in Marathon c ;:; • i cc � Monroe County Governmental County ic:minist.Lator for Growth Management Craig, u'' Assistant ciinat.ion meeting on December 7, 1988.y The at _our L aar- authorization arc those The limitations of r.his those ii.sted in the Attach `ra cesrli.ut].on frc::n the Monroe County Board of Prcdevclop County rc.tn:ni::•,.ioncr :: meet Agreement to which DGS; s and t i);: i.� a .i.;;,atory. The resolution 1:f12; passed will) state would of immediately h incl `r. tared i:I9 that the y pur :suing the design of the cr, remitting Center along with the State P g. l Permitting en ter and that the design of the County's fa litywouldenco lss appro } :im,�tely ar oai , 23,00t, rotfoquar.e feet. This: :is, of course - t.ie 8,000 s ua, faciiity the state :t: r Department of General Service as :th it; the Services grant to the County of {1]. roil lion d�`n :it :lOi, cif t }1C� :�t� :i C' . It is also undcrsto:.ul that any written contr :et or modifica- tion of the State's contract with the archi.tect 'OW Schuster to include the larger t. � Fdiscu.r�•�, :i]a�:- �;PZ~L'oved in the county's gcr cclLn_y building disco ^� :,:d you in November e prelimit:aty building sent and �T 1•r. nmen .c,).. t.- in the foul of an intc•ccao• :erntr,�_nt.a.i let- ter of understanding :yet•, :uen the Co u It :y :mu the State r . of General Services. This - °"' c.par, :ncnt .h.is letter of understanding will accom- plish the following: • 1. Assure that all project coordination services for both the state and county buildings would be by the State Department of General Services. 2. Authorize the state to expand its contract with the architect to include all design, construction„ and in- spection services for the county building. 3. Create two separate building construction money accounts in order to provide for the expenditure of all county 'funds generated by local bond revenues separate from 'those funds which the county has been allocated as a part of the $1 million dollar grant fund set up for the . construction of the county permitting center. 4. Authorize the construction of two separate buildings with certain shared facilities including but not limited to, sewage treatment, fire suppression, parking, access, lighting and landscaping. 5.. Authorize the creation of two separate building mainte- nance accounts where necessary to prevent the undue mix- ing of state•and local funds with regard to: a. separate water and electric meters b. separate internal building maintenance pro- grams. 6. Specify that the state would be responsible for site maintenance and lighting. • The benefits of this unified project management approach as would be formalized in the letter of understanding are: 1. Avoiding a duplicate project manager fur the county building and additional time and money expended for hir- ing the same architect or a different architect for two buildings on the same site with very similar functions and uses. 2. Promoting the use of one contractor for the entire project, with cost savings to both the county and the state due the combined dollar value for tho buildings, even though separate construction accounts would be maintained. 3. Saving the cost of two separate on -site project construc- tion managers /representatives when one could function for both buildings. • 4. Saving the cost of two separate sewage treatment plants • of equal ;..i :.c whun only ohc hoth bui1d.i. :►c ,. We would very much like to pr.uc:r_iJd wi.t.11 the cxOc:ut..ir,u Of the letter of understanding Esc; uoon Af.; lac.):- ;aibl.e, Until :;i.tch t :i.m;: as you present the County with a di aft. OC :.c►mo, please proc:e'»t with the design of the buildings aL, was c11:.c :u:.:sed on the 7th of i.:;c em- ber. • `i'hotllciS: Blown wn c::our ►Ly Admi n i.::t:rator '113! 1. k thlet. 2 CC: Carl Morgan Bill Scaringe _ • • • •t RESOLUTION NO. 9 ' A RESOLUTION OF TUE BOARD OF COUNT? CC;N.I.: - ` SIONERS CF MONROE COUNTY, FLORIDA, AUTSO I - it+G THE t•AYOR /CHAIRMAN OF' SAID BOAPD T:) EXECUTE A PRELIMINARY DEVELOPMENT ; CREE!.!E ;; T FOR REGIONAL SERVICE CENTER, MONROE C(J MARATIIO! , FLORIDA, BY AND BETWEEN JACK R. :R DYKSTRA, JACI: R. DYKSTRA, . II, AND IIONRo' COUNTY, THE DEPARTMENT OF GENERAL SERVICES, AHD THE STATE OF FLC I ?)A, DEPARTMENT OF a COMMUNITY AFFAtt S. ,, IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the I:ayor /Chairman of the hoard of County Comu:issioners of Monroe County, Florida is y hereby authorized � to e::.l:c; act_ a 1 _: Preliminary Development Agreement for Regional Service Center, 4 Monroe County, Marathon, Florida, by and between Jack U. Dykctra, Jack R. Dykstra, II, and Monroe Count General County, the Department f Gt nera Services, and the State of Florida, Department of Co:•munity 1 '• Affairs, a copy of same being attached hereto. ' PASSED AND ADOPTED by the Board of County Cor•missicr. ^:.s 9f Monroe County, Florida, at a regular meeting of said Board ..r:Lci _ on the )h JJ day of Of —e4 4,0 , A.D. 1988. 4 BOARD OF COUNTY C r rUSSIONF.P.:; OF MONROE COUNTY, i'LORi :.. f ✓ . . :t ._t 1. ;!1 i l:::iAt , • (Seal) Attest :DANNY L. i' OLE:IC:, Clerk \ 116 . 2 • 1 crT- 1 A^Prtot %a rs,TO rUrrr .:acmer a C,�:�., I o 1 • PRELIMINARY DEVELOPMENT AGREEMENT FOR REGIONAL SERVICE CENTER, MONROE COUNTY, MARATHON, FLORIDA This agreement is entered into between Jack R. Dykstra, Jack R. Dykstra, II, and Monroe County ( "Owners ") the Department of General Services ( "Developer ") and the State of Florida, Department of Community Affairs ( "Department ") subject to all other governmental approvals and solely at the risk of the Owners and Developer. WHEREAS, the Department is the state land planning agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes, which includes provisions relating to developments of regional impact (DRI); and WHEREAS, the Department is authorized to enter into preliminary development agreements pursuant to Subsections 380.032(3) and 380.06(8), Florida Statutes (1987), and Rule 9J- 2.0185, Florida Administrative Code; and WHEREAS, two Owners, Jack R. Dykstra and Jack R. Dykstra, II, are individuals who own in fee simple absolute, jointly or individually, five parcels of land comprising some five acres (more or less) located in Monroe County, Florida, more particularly described in Exhibit A of this Agreement (attached hereto.) No other person or legal entity other than Monroe County and the Department of Transportation have any interest in said land including, but not limited to, • ' „ rights arising out of a contract for sale of said land. Howeverr as noted in Exhibit A, there is an abandoned roadway located contiguously with the parcels addressed herein and it is intended that this abandoned roadway shall become part of the proposed development. Current ownership in said abandoned roadway is vested in the Florida Department of Transportation (F.D.O.T.) which is quitclaiming same to Monroe County; and WHEREAS, the Developer, Department of General Services, is an agency of the State of Florida created pursuant to Section 20.22, Florida Statutes, which proposes to develop a project known as the Regional Service Center, Monroe County, Florida hereinafter referred to as the "Project." A general description of the entire proposed development includes the following: The development is composed of approximately 48,600 gross square feet of office, lab and public assembly space with the associated support facilities. The primary purpose of the development will be to co- locate both the state and local government permitting agencies for Monroe County in conjunction with centralizing other state offices; and, WHEREAS, the Project is located within an Area of Critical State Concern and all development of the Project will be done in compliance with all statutes and regulations applicable thereto; and WHEREAS, the Developer proposes to develop a portion of the Project prior to issuance of a final development order; and WHEREAS, an individual owner, Jack R. Dykstra, has an interest in land located within five miles of the Project, which is delineated in Exhibit A; and 2 ( WHEREAS, this Project is in the best interest of the State because its primary purpose is the co- location of all state and local agencies with permitting jurisdiction over land use activities in the Florida Keys and said.permitting authorities are currently located in various and diverse parts of Monroe County; and WHEREAS, this Project is necessary and beneficial to the State in that co- location of agencies which issue permits for land use activities in Monroe County will facilitate, streamline and enhance the now geographically diverse permitting process; and WHEREAS, this Project further serves to apply and effectuate the provisions and intent of Chapter 380, Florida Statutes, by promoting coordination and efficiency among permitting agencies as directed by Section 380.0552(2)(g), Florida Statutes, and by protecting the value, efficiency, cost - effectiveness and amortized life of proposed major public investments in publicly owned property pursuant to Section 380.0552(7)(h), Florida Statutes; and WHEREAS, the preliminary development authorized by the Agreement is limited to lands which are suitable for development; and WHEREAS, adequate public infrastructure exists to accommodate the preliminary development as set forth below in Section 4; and WHEREAS, the preliminary development is essential to the ultimate viability of the total proposed development in that it consists primarily of studies, evaluation, planning and permitting 3 'functions in compliance with the intent of Section 380.0552, Florida Statutes, and preliminary development activities necessary for economical completion of the Project; and WHEREAS, the preliminary development authorized by this Agreement will not result in material adverse impacts to existing resources or existing or planned facilities. NOW THEREFORE, for and in consideration of the mutual covenants contained herein it is hereby understood and agreed that: 1. The Developer and Owners assert and warrant that all the representations and statements concerning the Project made to the Department and contained in this agreement are true, accurate, and correct to the best of their knowledge. Based upon said • representations and statements, the Department concludes that this Agreement is in the best interest of the State. 2. The Developer and Owners have committed that this Project be reviewed pursuant to the development of regional impact process as defined by Section 380.06, Florida Statutes. Within 45 days from the date of execution of this Agreement, the Developer shall meet with the South Florida Regional Planning Council for the pre - application conference required by Section 380.06(7), Florida Statutes. Within three months from the date of execution of this Agreement, the Developer shall file an Application for 4 'Development Approval (ADA) for the entire proposed Project, which shall include a description of the land, including a legal description and a map which will be attached as exhibits. The ADA shall assess all the impacts associated with the entire development of the Project, including the preliminary development authorized by this Agreement. 3. Time is of the essence. Failure to timely attend the pre - application conference or to timely file the ADA or to otherwise fail to diligently proceed in good faith to obtain a final development order shall constitute a breach of this Agreement. In the event of such a breach, the Developer shall immediately cease all development of the Project, including the preliminary development authorized by this Agreement. 4. The Developer may undertake the following development after the date of execution of this Agreement and prior to issuance of a final development order: subsurface soil investigations, architectural and engineering design of the facility, site master planning activities and site clearing and grading. All site clearing activities shall be limited to the removal of exotic plant species and accumulated rubbish. However, no development shall be undertaken on the abandoned roadway unless and until F.D.O.T. quitclaims title thereto, or until it conveys its written permission to the Developer for development to occur. All other lands are to remain undeveloped and no other development, as defined by Section 380.04, Florida Statutes, shall occur until such time as a final 5 • 'development order is approved for the Project in its entirety. In the event of a breach of this paragraph, the Developer and Owners shall immediately cease all development of the Project, including the preliminary development authorized by this Agreement. The preliminary development authorized by this paragraph shall be subject to the terms and conditions of the final development order. 5. The preliminary development authorized by this Agreement is less than 25% of any applicable numerical guideline and standard. 6. The Developer and the Owners shall not claim vested rights, or assert equitable estoppel, arising from this Agreement or any expenditures or actions taken in reliance on this Agreement to continue with the total proposed development beyond the preliminary development. This Agreement shall not entitle the Developer or the Owners to a final DRI development order approving the total proposed development nor to particular conditions in a final development order. 7. In the event of a breach of this Agreement or failure to comply with any condition of this Agreement, or if this Agreement is based upon materially inaccurate information, the Department may terminate this Agreement or file suit to enforce this Agreement as provided in Sections 380.06 and 380.11, Florida Statutes, including a suit to enjoin all development. 8. Nothing in this Agreement shall constitute a waiver by any party of the right to appeal any development order pursuant to Section 380.07, Florida Statutes. 6 • t • 9. The restrictions and conditions of the final development order issued pursuant to Chapter 380, Florida Statutes, shall supersede the restrictions and conditions upon development of this Agreement. 10. This Agreement affects the rights and obligations of the parties under Chapter 380, Florida Statutes. It is not intended to determine or influence the authority or decisions of any other state or local government agency in issuance of any other permits or approvals which might be required by state law or local ordinance for any development authorized by this Agreement. This Agreement shall not prohibit the regional planning agency from reviewing or commenting on any regional issue that the regional agency determines should be included in the regional agency's report on the ADA. 11. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. The Developer and Owners shall ensure and provide that any successor in interest in and to any lands or parcels affected by this Agreement is bound by the terms of this Agreement. The Developer shall record this Agreement in the Official Records of Monroe County, Florida, and shall provide the Department with a copy of the recorded Agreement including Book and Page number within two (2) weeks of the date of receipt of the recorded Agreement from the Clerk of the Court. 12. The date of execution of this Agreement shall be the date that the last party signs and acknowledges this Agreement. 7 DEPARTMENT OF GENERAL SERVICES— DEVEL E ( rte.. ai 0 • ./ ti., _ BY: WIT ES RIT SS STATE OF FLORDIA COUNTY OF LEON The foregoi g instrument was acknowledged before me this /� day of ��� �� , 1988, by Ronald W. Thomas, Executive Directo o the Department of General Services, an agency of the State of Florida, on behalf of the Department. (impress official seal) L A de4 Notary Public, St a of Florida _ My commission expires w � �;�. �r ` ror"�da My CcrHs::cn E ::; _: s'.. 17, 192 8 • ,} • MONROE COUNTY • OWNER ATTEST: DANNY L. KOLEIAGE Clem BY: • STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 18th day of October , 1988, by Eugene R. Lytton, Sr. Chairman of the Board of County Commissioners, Monroe County, Florida, on behalf of the Board. dt (impress official seal) 11 1Z1,C.,/ ary Public, Sta a of Florida My commission expires: My annd.d in; 7 .. ,a ♦t s S 4z) tip �-�• c \ k 9 • JACK R. DYKSTRA OWNER WIT ge-4i 294'7 BY: // • L./ 1Z- WITNESS STATE OF .-COUNTY OF p ./ The fo egoing in trument was acknowledged before me this J..0 day o f , 1988, by Jack R. Dykstra, Owner. (impress official seal) Notary Publ c, State of '/' ` My commission expires: /- z - CAMILLE J. HILLMAN �� Notary Public, Kent County, Michigan My Commission Expires January 24, 1989 10 • JACK R. DYKST••, II ' OWNER �:. _ Or . __: BY: ir " / r .J WITN - iL _ WITN The fo ego'ng i strument was acknowledged before me this ,itiday of , 1988, by Jack R. Dykra, IT, Owner. (impress official seal) a4.0.1_411.4.). 2.1..../41.(.....(,,...._., Notary Pub ic, State of —j My commission expires: /—.1..' Asur CAMILLE J. HILLMAN Notary Public, Kent County, Michigan My Commission Expires January 24, 1989 • • 11 • ' Approved as to form and DEPARTME OF COMMUNITY AFFAIRS - legal sufficiency: i t4itirtt—r3W21;iartlifTlent BY : ► ► 27•''' enterview Drive of Community Affairs Tallahassee, FL 32399 ITNE -S„ -' / / 0140 'WAIT SS r . STATE OF FLORIDA COUNTY OF LEON 1 14i. The foregoing nstrument was acknowledged before me this day of , 1988, by Paul Bradshaw, Department of Community Affairs, an agency of the State of Florida, on behalf of the Departm- t. (impress official seal) 1 7 { Notar Pu• ic, State .of "..Elor_ida My f e�.mmission -expires: 12 EXHIBIT A Legal Description of Lands Owned Page 1 By Jack R. Dykstra and Jack R. Dykstra, II As Joint Tenants (Parcels A,A1,A2 and A3), Subject to State Purchase Legal Description of Lands Owned Page 2 By Jack R. Dykstra individually (Parcel B) Subject to State Purchase Drawing Showing Lands Owned By Page 3 Jack R. Dykstra and Jack R Dykstra, II Individually and Jointly Subject to State Purchase Legal Description of Lands to be Quitclaimed Pages 4 -7 To State by Dykstra(s) (Filled State Owned Sovereignty Submerged Lands) Drawing Showing Filled Sovereignty Submerged Page 8 Lands Subject to Quitclaim Legal Description of Lands To Pages 9 -10 Be Retained by Dykstra(s) Outside the Project, But Within 5 miles of Project Site (Parcels C and D) Drawing Showing Lands to Be Page 11 Retained by Dykstra(s) (As described in Exhibit A, Pages 9 -10) a • ' 1111$1.1/ u(SCRI►IJN Inn it le Intt 'A : (ISCRIrni* IR EARCIL •A -1' IIS►NRII Situated In the Canty of Ikenle, State of flurlda awl knew as beIng d.parl of eevenmenl let 1, Sealer 9, tenable 66 South, Ranee 37 test nn fey Vacs ird further *near es beini t7K no latterly portion 01 that land on said Wooled 10 the •. OI florid. ...d km.. as iK nv •small Itla • Rey lace ees(rlhed In 011 it.lai R.•rurd Rook 01 PPoer 364 then %0 Of "nu Oa Ida,tlf Ipd levelly as 'total try' Net.h'd If 1 1,„,. 0,, w,lh rt • County, !Wide Deed Recetds, Which exists above tie me.n hlnh rater line . lot 1. Section 9, Inr.pdp 66 'Mob. bane l7 taut, . IoCII d pun it natural 111 Id. Nay Sieve of sty ems. ad being wore gart rmt .. ivy [eta, tonne Carly, timid. and twines 1n O,e, as LrhK Mat cvsarl7 described by sates and beads of toilers: ctrlae '11.111 IsIa01 o toy' described le Ulfletel betera Io.. pV. Coa.enchp et the Intersection of the Nest Ilse of Gorenwenl lot 1. Sect i 541161 %7 and 340 of Ws"' twat,. I lorlda Wed Mangy aoi 9, Iwn$hlp 66 South. Range 37 Iasi one (1K MertMesterly eld,t-ul -by line being mem perllcelarl7 described as lollues: 01 Old Stale Illghvoy 110. I.A. hear Ninth 74 degrees; 71 minutes. 20 seconds trmenetoq on 11* centerline of U.S. IIIgIway No. 1 et II'S tutees./tin.' (ail aloe the NOrlhKSntrly 11101 -0l -Wy floe Mil Old Stale iliptw*y N. 4.11 pith he Wit Ilse ve el Genwatl 10, 1, W Iva/4161p 9, Iva/4161p {{ MvUh 1194.10 feel le a pint of an 441 VIP lintel.; thence centime $o. lw ;tPrh► • Name 37 fast en ley ems, bear Nni. 74 * Mammies. ?e sec Ws Slap the Mild northwesterly 41011.01 111* Of Said Old State Highway N. tart lag the Mild Centerline Mil O.S. oho..., 0.; 1 1073.57 feet; 4.A a' 11,1 are of a curie del lect log le the left 225.23 feet, said curve thew hes, North i5 degrees. 311 mi ,0det, 40 Spt..Ii Melt 711S.42 fret; hoeing a radios of 101.71 feel, thy chattel 01 which bear merlh K 51 1 5“4. 05 there hear Meth 75 degrees. 32 stmt's. 7U secads Mrtt 11b. 32 Ire1; minutes. 45 seconds tall 774.1'' 1N1 to 114 P01111 0f NGInn "1: el the even Ibe' hear Wolb % degrees. SS mitwles, 40 secavlt Welt 11$.77 feet: Of land hereto Wended to be Inset lira; Item sold ►UIRI UI 51GIN11 "6 hear thefts aver %elk 01 degrees, 02 minwdes. 711 Secadt Iest 133.110 feet; North 00 degrees. 00 Woeirs• 11 Sefton& list 213.00 feet: thew! IKar (With therm beer Ian lb 51 degrees. 15 mhvt,s. 40 truant West 157.1111 feet; 50 dogre's. 02 minutes. 68 seconds last 05.03 feel: thece bear North On *wee, le the 1'01111 N Nict1NIr1G co ow w•a. hIg1. weir, 11,K hasty, newt the 00 minutes. 23 snouts (ell 74.61 1lel lu'Lhe Veen hlgl' rats Ilnt within the todheasterly notelet slur. 01 the Island hereto Inladed to IK drstrlt•^ rater', Florida Say !OOP Mid Tara 1.r: thence seamier said men Ilya voter 1,00 said Ndnt 01 bryloolne onanef Old waft high rater lint .1(111 ll. line In a generally NmlheastnI I) direction on the follow/log deK11p1iv11 Mtel•l short 01 said Island on the lotiorbnq nests iplhve courses. cows's. bearing first Writ. 79 rowers. 01 similes. 15. Seeds 1111 4.527 leering I"st South 62 degrees. 06 miseries. S3.7 seconds west 71.099 lee feel: thence Werth K el ee 49 mi1llles. 13 seconds test 43.IN3 IKI: thence hem North 55 merges. 3 minutes. 11.5 SKOdt west 311.133 lett; ROAM 96 degrees, 59 *Inures. . 011 set ,0dS lost 42-921 feel; theme North 20 them North 2e dt0reel. 31 mettles. 71.0 secav11 west 20.967 feet; degrees, 22 minutes. 19 eca sds last 54.147 feet; thence North 39 derives. (, North 00 degrees. 2S Mettles, 76.1 second+ wit 16.610 feel; ra • 39 minutes. 32.3 se.', west 67.014 fret: there! "Or". 24 dories. 666 •"•416*, 1m North 50 dories. 53 ■bales. 55.7 softens west 4.346 feet: 23.9 scads Neil 411.•117 tee,: theme North, 4) degrees, 01 0 711 13.2 henc north )1 ,,,gets. 04 21,0,1,1. 16.0 *.teals west 9.920 feel; Seconds loll 41,790 feet; theme Nolh 2O Kl. 51 minutes, , 21.4 4 4 kerns North 11 degrees. 311 .1nn101. 30.5 seconds (alt 1 6.754 lent; Isle 40.241 Ins: them, .troll 31 (Owns. 1$ m "wles. 9.{ sKwds (all . 4 6.4 wig Sena bo dories. 49 minute. 07.5 scowls last 5.420 leer; Neel; theme Meth 02 den MS. 11 ■Inures. 10.2 scads tell 5.925 feel; hems North 59 dnpries, 45 w1,0Ne1. 15.11 Scant tall 9.735 reef; theme Nail 20 **eel. 07 wh 17.6 seconds test 11.777 feel; theme 1lent North 40 dorms. 50 m11•4se0. 40.0 SK,1MS lost 2.375 feet: North 10 degrees. INI mingles. 51.1 1.11 1 erods lest 27.216 leelt theme North hens 6rrnh 19 degrees. )7 minutes. 45.1 ieca,li test 15.509 feet; 27 decor's, 11 miwln unions , 49.6 sns west 19.302 fret; thce Meth 06'eetres. hrot North 07 d,wtes, 22 ■Ieulis. 36.9 tec,0d1 (ohs 5.700 Ir.l: 25 minutes, 47.0 seconds last 20.7111 legit; berme 1110t1. 64 dew KS. 48.10hl01. dent South 51 d, rtes. 70 milndts, 30.6 seconds last 4.377 le.l; 7.7 Seconds lest 6.320 Inn: 11.•1m" Marta dog 17 rros. 54 0"vle4, 26.7 seconds . 6,, Nelh 31 ,,,,,rtes. 17 whwlls. 54.11 ......1. 1+17 1.11 15.9119 lurk lost 20.144 feel: Theme 11.01.1, 4S dv. ers•;r•0 seconds 4 gimlet. 55.4 secos last hen( l 20 degrees. 13 ■hndei, 12.0 1ec,01.10 west 1 .505 feel: 33.951 feet: theme Nanthh 00 dty'net. 511 min0101, 33.3 seconds west 3.115 berm Nunn 41 degrees. 3e .loupes. 15.0 seconds lath 16./410 ire; fret; thence North 45 *glees. V mhwt,s, 23.7 seconds last 2.71e feel to helm Wolk 06 degrees. 13 •domes. 41.9 simnel; last 30.601 le.l; the lotersesllon 01 said teat hioh water floe With Shy Pont fasten l► line few( South 12 degrees, 03 ■lades, 11.0 SKO.11 let 57.015 feet; Of those lands on try 0.011 'MSt'16. In Ulf tctal Record NM Ole, at rape Iic South 15 degrees. 06 Mendes, 211.1 seconds Mrsl 00.599 feet '! 347 el Kee, enemy. I Ioride Dead 1KOrds; theme hear 5.nth 19 fkwest, back 0 the point of beginning and tonlalnhv 0.19597 octet of hall le 21n11es, 40 seconds tact aloe) 11,0 said wnt tritely 11110 el lands (pee the mean bleb rater I "e lucaid vino ire n.lwal 1lore 01 the described as aforesaid, 3'16.1.2 1rr1 le 4 1•41.1 s, the 14nihne$114 IV � sghlt- *lad herein described. 01 -Wy line Of 1/11/ Mate Illgfway flu. 4.A; thence Hear hull 45' 35 mi1wlet. 20 seconds West ahem the said IbrtIrKSlerly RIeId- 01.Way line Of Old Stale I1lglw47 IW. CA 301.111 11,1. 10 1 WOWS of (O,,atwe th,,elt; • thence canting Soutimest►IIy alum sold northwesterly night -nth* Inn. 01 Old State Illgnwar on. 4.11 an Ow am of a (gyve delIKliiq to the right 166.31 feet, Said curve ,,ovine a minus of 781.21 Itet, the chold of which Mears !nun, 51 deanery. 44 wi,a 16 seconds west 166.00 lent back to (I,e 701111 Of 0tG1111IMG 11.1 (trunnion 7.091419 Ao'es 01 land above the ream high water line located mut the laivral I lorlda Nay Shure of Rey 1410. . U(SCR1►110(1 te 1•ARllt 'A.7' • Situated In to County of tame.. Stale of florid. and nem, as be "p a part of Goverment 11tl 1. Section 9. township 46 South, t*ISCRI ►IIIN IX ?AMU. 'A.3`` Ranee 37 list on try Vats and (ur(IKr Im.we, 1i being ell 01 that land described In IIK 1irs1 pategratat on pope 372 of 011•Itla1 Record gook 039 Of Henley lowly. Ilorldo feel Records and being Situated In the County of 'key'''. Slate of timid, pot knp+' es OOre I4rticvl4r17 described by ogles end bounds as fellows: being a port of to:mermen lot 1, Section 9, Iorn,Ilp 66 South. bone 32 last on Rey 0111 and further know as being all of that Commencing g on hK engirt n of U.S. Itlyfway 110. 1 al It's land described In 11K d secon perm am. on page 372 of 0lllclal intarseel a 11,11 with the Mesh Ile of Goverment lot 1, Section 9. Record goof 039 of Homer (only. riptide Urrd Records 0.d being 20 101 b a 1p 66 South, ola ]7 last, le North 74 degrees. 21 mhule a as t. more particularly described by metes d bounds 1011or1: 20 1.[411 lot along the said centerline of U.S. 11191way Nn. 1 le 1616.66 feet to It's Intersection pith the southerly prvie gation Commencing an the centerline of U.S. niglwa7 10. 1 at It's Of the westerly line 01 flat land described In UK 11. at 7,141141 ,,n Intersection with the west line of Government lot 1, Section 9, on page 372 of 011IcI,I Rand Wok 0.19 01 HWnroe toddy, !lends township 44 South. bnv. 32 lest, bear Neith 74 de9nete, 21 mien's. Ueed 5.1011110; thence bear Not 111 1S dee'ee3. 311 minnleS. 45 SKP11S 20 secads [1St •lolp the sold tenet 111* 01 U.S. 11(glwly 14. I W111 110119 said prolamathet 155.45 (nt In the seu1I.roNerly toner 1476.66 ML to It's intersection with Ile teethrrly prologallon 01 that and described as afanes.id Ind MINI IX 01611111116 (he of the easterly line of that lad described In the second per/yeah parcel Of land 111.I11 II Inl'n t0 ha described; Inn sold Mint 01 on 7494 372 of /111101/1 Steroid Oook 539 of )*woe County, f lerldl V es t S lan Continue tuw westerly !forth l lift IS d land dear 35 minutes, oU secads M * a ce bear (5 deil 0 oin e 10 . 1,1 114 1 7 5 2 . 2 (feet the sold t cot t e line 01 lad r19 as a line old rig111.o( -wy line o1 sold Y.S. III0May 11n. 1, sold point being the O 5 feet to ■7010. 4- the e ncel ea r noy hl4 Miner 1111 wholes of Southeasterly caner o1 that fad described in the second pine /took 2 Stale Il l along No. t h e ales. Ica forth rS h t - 113 . 0n p4ge 372 of 0I11cN1 RKOr11 1190k 539 of Monroe County. Ilorlda 20 sS tact y In. the t33d M1fetstera point of me t (ire of Deed Records 5141 04111 01 IIGI1N111G of the parcel of land herein (he Sin;! theme N0, 1-A, ttheas Ir 1 a p ;.ld 01 rwrvotwrt Iron Said Point of beginning conlinn. therein; lhe.ce continue Iollheoslerl alone told rl Il -ol -wa IIK Intended to be described: on the ore o1 e CVrve deflecting t0 IIK right 71.21 feel. said clove bea11119 North 15 degrees, 311 minutes, 40 scads west 11Pp the hiving 1 radius of 541.26 feel. the chard of which beats Not th easterly line of lad destrlbed os olosesild 37.13 feet to a pninl 46 degree!, 21 mules. 27 Seconds last 21.21 feet to the netleaitel ly an the curved Swlheeflerly right-of -way line 01 Old Stale 11191way corner of lad desctlbed in hK Ilrsl feregleph en page 312 of No. 41; thence beer SeutlweSterly .I ,0o the said southeasterly Of Mill 0.Ord gook 539 of Nome Gently, Florida Deed emends; rlghd -ol -way 111e 01 01d State 161g1w17 No. 4 - on the arc of a curve theme bear South t5 dry ets, ]II minutes. 40 seconds test olay IIK deflecting to INK rlgl 253.10 fret, S/ld tales 11,118 1 radius 01 047.21 feet. the tired of Which W.ts South 6S degrees. 40 .6.w(11, Southeasterly line cf lads described as af Id 195.94 w et to the swlheeslerly corner U'rrt0f; Ueme bee South 74 regrrer, it minutes, 27 secads Mtsl 292.53 Intl lo, point of tangency a' the said 20 seconds West also the SW(019ly 11K 01 fad des(1'11 as nor Vet II right - O1 - ear I "K of 4.5. Highway 110. 1; thence bear aforesaid 316.50 feel back In the swtln13ter17 Corner thereof old North 74 degrees. 21 whales, 711 1ecl'lla last .:one th.r sail point of beginning. containing 5.79311 woes of fad. northerly right-of -my 111e of U.S. Ill5wiy ate. 1, 250.00 feel back to the point 01 beginning and caH.ln"g 0.0115 serfs of lad. EXHIBIT A PAGE 1 OF 11 V,.CRIP1IUN of I'ARLLL 'U' • Situated In the County of Holm.. State (Ill lorlda and known as being • part of Goverment tot 1 Section 9, township 66 South. Rage 32 East on Key Vacs and further known as bring all df that land an said Key Vac descrIbed In Ulllctal Record Wok 035. Page 2235 of ►ken ue County. Florida Ueed Records which exists above the wean high water line located upon the natural fiorlda bay Shore of key Vaca. and Wing more particularly described by metes and Ooulnls as follows: Commencing on the centerline of U.S. Highway Nu. 1 at It's intersection with the West floe of Goverment. Lot 1, Seclir1, 9. township b6 South. Range 32 East, bear North 74 degree!., 21 minutes. 20 second! East along the centerline of said U.5 Highway Nu. 1, 7093.46 feet to It's Intersection with the southerly prolongation of the easterly line of lanai described In Official Record Hoek 035, Page 27:15 0l Howie. County, f lorida Ueed kecords: thence bear North 15 degree:, 3)1 minutes. 411 seconds West along said prolongation 464.5? lent to a point. an the nnrthwesle,ly right -of-way Ih of Ofd State Highway flu. 4.A, said point bang the southeasterly corner 01 land descrllM!d in said Official Record Bonk 035. Page 7735 of Monroe County. Florida Deed Records ad PUIII1 01 01.61011118. of the lad herein.tulonded to be described; from said point of IN•tltunl maim.. bearing North 15 degrees. 30minutes, 40 s.cndt West along the said easterly line of lard described In said Official Record Uook 835, Page 2735. 4911.11 feet to It's Intersection with the wean 1,1111, water lone located within the Florida bay Shore of Key Vaca: thence meander said wean high water line in a y westerly direction at the Iollrw descriptive (nurses, bearing first South 23 degrees, 43 minutes. 53.3 seconds West 11.796 feel; thence South 14 diggers. 76 minutes. 14.5 secan11. last 6.864 !eel: thence South 17 th4frres. 24 minute:. 33.5 secINNIS West 1/.999 fort: thence South 41 degrees. 11 minde!. 35.4 second: West 10.131 feet; thence South 03 degrees. U4 minutes. 47.6 seconds West 16.000 feel; thence South 56 drlreeS, 47 atones. 16.9 secnHls West 19.077 feet: thence South 23 degrees, U2 minutes, 34.3 last 9.099 feet; thence South td degrees. 46 mint,•'., 26.4 sounds last 0.440 feel: thence South 09 deicers. (15 minutes, 40.3 S,'CIMds West 4.547 feet; thence South 46 degrees. 53 smiles. (111.11 Seua,ds last 16.703 feet; thence South 42 degrees. 2/ armies. 55.6 sounds WI's( 3.U12 feet; thence South 62 degrees. O3 minutes, 76.1 setswwls last 11.023 feet; thence South 27 degrees, 37 minutes. 25.1 SetIMNIS Last 15.56/ feet; thence South 56 degrees. 31 mi tes. 70.0 secateurs East 23.159 feet: thence South 25 degtees. S5 mi tes, 00.3 seconds last 19.341 feet; thence South 10 degrees. 30 minutes, 15.5 semis last 17.154 feet; thence South 1)5 degrees, 17 minute... 211.L Secants fast 23.60 feet; thence South 46 dr'yree!.. S1 minute;, 33.4 seconds West 23.420 feet; thence South 07 degrees, 45 mo 14.1 seconds west 17.817 feel; thence South 4U ivories. 27 anodes. 111.3 Sc ,MMIS MPS!. 27.726 feet; thence South 40 degrees. 24 minutes. 20.4 seconds Wes' 11.204 feet: • thence South 16 degrees, 51 minutes, 3U.0 seconds West 11.673 feet; thence North NU degrees. 02 minutes, W.? Seconds West 6.199 feet; thence South 33 degrees, U/ minutes. 3(1.5 SeCOds West 10.637 feet; thence South 70 (ieurerS• 111 minutes, 42.3 Sect4Ils West 17.320 feet; thence North 44 degrees, 3U min 01.7 secants West 6.634 feet; thence South 11 degrees, 06 minutes. 52.9 seconds West 5.441 feet; thence North 47 degrees. 11) armlet. U6.H ;MOWS West 11.007 fret; thence North 116 degrees, 55 minutes, 25.0 seconds West 9.952 (eel: thence South 14 devises, 45 minutes, 29.0 seconds West 3.745 feet; thence South 119 degrees. 19 minutes. 37.9 sect' West 7.347 feel: thence South 411 deyrees• 0? minutes. tes. 48.1 SPCoNIS West 15.173 feet; thence North 81 degrees. 01 mimes, 55.6 seconds West 12.121 feel: thence South 45 degrees. S0 minutes, 38.5 secnols West 3.941 feet; thence North 67 dente's, 311 tunnies, 53.6 Seco West 6.970 feet; thence South 55 degrees. 19 mi 35.7 seconds West 16.50 feet; thence North 43 degrees. 23 minutes, 40.9 seconds West 9.660 feet; thence South 18 deyrees, 21 minutes. 21.1 seconds West 6.176 feet: thence North 07 degrees. US minutes. $9.1 Secnds West 8.72 feet; thence South 60 degrees. 41 minutes. 38.6 secads West 7.301 feet; thence South 17 degree;. U5 minutes, 04.2 Seconds West 10.759 legit; thence South OS degrees. 53 minutes. 17.5 seconds West $.379 peel: thence Sour, 1! ( 37 *mules. 23.7 seconds West 2.12 leer t0 the Intosect 101' Of said mean high water line with the wester!) line of ldn,I described in Said (111,cial kecord Wyk 1135, Pau' 223!., said westerly Tine being also the most easterly tine of those Ian on Key Vaca described in UIficial Record UoOk 039 at Pape 367 of Monroe County, 1In1Ida th•trl Records; thence bear South 19 degrees. 18 minutes, 40 seconds 14'.1 along the said westerly lino of thus( lands describedln 01111IaI Record Ilok H35, Page 2235. 396.62 feet 1.0 a point On the said northwesterly rtuhl -01-war line ul Old State Highway Hu. 4 -A; thence hear North 45 degrees. 311 minute!., 2U seconds East along the Said northwesterly right- 0l.way line of Uld State Highway No. 4 -A, 85.05 feet to a point of curvature therein; theme. continue northeasterly along said right -of -war line on the arc of a curve deflecting to the right 164.33 feet. said curve having a radius of 913.26 feel, the chord of which hears Worth SU d('q'eCS, 47 minutes. 40 Seconds last 164.10 feel hack to the !mint of beytuuiiy and containing 1.99739 acres of feat above the an•an high water Ilse located upon the natural Florida Day Shore ut key Vaca. EXHIBIT A PACE 2 OF 11 •/ 51 • 1 :: , °,� n: /1I:1' /p• / / / /A ' //III •, _ _ 3 . �• •..•.• ..... , „: .., :..... 1 ------• • «.•« .-... �f� ryry a.. H.•f•1 .... � rg f! 7 1%0Y } �JI IV1ir: t.--- .. - 4 1 • —....• • ■ . � � . 7 1,y F � Ya «.�..�. T: • • r.. I •• U•»nt •• -. . of i f, r 1 ,.1 .1 w ••• •...• k lplt .. ► .. x 1 i t5 .1 $ \ '� / ' .. «'�.. �� frf 1. 1' 1 • \ r, y 1 ` •- .•.... � / /7_y \ .. •� • \{ • • ►. .•■ • i t• ::II / /s ' ., `:: •. 1' -± .. . ...••.•. r . 1 .11 « . •. \ , y , .• + ...• : • -. 1 ',., 5. . ,• •• _• r , ,,,.,• . . /. ''• � r. • it I • ♦ . .:.J;: _ ` . . 1, ..^•I•. 'a • 7l /• 1 . • • 1 Cr .� � • i � NA ref• /' /P P . { + 1 '. • ■ • 11 n n.....•.. a• •a, a / ,,. .i ,• f � /• + r . Po � ° Z1 „.,...�: I ,,••'a y ► a • • t / / �. • N • • ' O. 1 f �.. ,. - ' • • �rf •'t'{ �, / .- • •.I'• . `��.�� ./A1 - 'I 1 a,•••.a' T• ►11.••. •.111.0..” . •: : '"!t T -" ,,•••• 1 1••.. +' �� ~ I IJ .•• i ..i.... � • 'iti a s.SS�g•i i �� l ll � ;-- • r I••c[!" 1 ' I_�T• • ._ N °i •••• 1 • • r. • ! 111 s." M „ I .. -. + r— 1 • LANDS SUBJECT TO PURCHASE FROM DYKSTRA 5.14889'- ACRES (224,285.65-' SQ.FT.) EXHIBIT A PAGE 3 OF 1 l SCHEDULE "A" A tract of land in • part of Government Lot 1, Section 9, 'T.66S., R.32E., en Key Vaea, Marathon, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West Line of Government Lot 1, Section 9, T.66S., R.32E., and the Northwesterly right -of -way line of Old State highway No. 4A, bear Northeasterly along the Northwesterly right -of -way line of Old State Highway No. 4A for a distance of 1396 feet to the point of beginning of the tract of land hereinafter described; from said point of beginning, bear North for a distance of 233.30 feet to a point; thence bear South 87 degrees and 50 ■inutes.West along an existing Cyclone Fence for a distance of 100 feet to a point; thence bear North for • distance of 138.5 feet. along an existing Cyclone Fence, to • point; thence bear North 02 degrees, 48 minutes and 52 seconds West along an existing Cyclone Fence for a distance of 77.4 feet to a point; thence bear Northwesterly -along an existing Cyclone Fence for a distance of 6.62 feet to a point on the shoreline of the Bay of Florida, said shoreline being a concrete retaining wall; thence meander the shoreline of the Bay of Florida (concrete retaining wall and the natural coral rock shoreline) in a Northeasterly direction to a point which is 250 feet, measured at right angles to the West Property Line of the U. S. Navy and also being Westerly from said West Property Line of U. S. Navy; thence bear South 19 degrees and 18 minutes and 40 seconds East for a distance of 388.45 feet to a point on the Northwesterly right -of -way line of Old State highway No. 4A; thence bear _ Southwesterly along the Northwesterly right -of -way line of Old State Highway No. 4A for a distance of 491 feet, more or less, back to the point of beginning. ALSO A small Island or Key, known locally as Coral Key, in the Bay of Florida, just North of Government Lot 1, Section 9, T.66S., R.32E., on Key Vaca, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West Line of Government Lot 1, Section 9, T.66S., R.32E., and the centerline of U. S. Highway No. 1, bear North 74 degrees and 23 minutes East along the centerline of U. S. highway No. 1 for a distance of 1873.46 feet to a point; thence bear North 15 degrees and 37 minutes West for a distance of 285.62 feet to a point; thence bear South 78 degrees and 34 minutes West for a distance of 196.52 feet to a point; thence bear North 36 degrees and 54 minutes West for a distance of 115.77 feet to a point; thence bear North 01 degrees and 04 minutes East for a distance of 153.80 feet to a point; thence bear North 51 degrees and 14 minutes West for a distance of 152 feet, more or less, to a point on the Southeastern extremity of said Island or Key, said point also to "be known as the point of beginning of the Island or Key hereinafter described; from said point of beginning, bear Northwesterly, meandering the shoreline of said Island or Key, for a distance of 140 feet, more or less, to a point; thence meander in a Northeasterly direction for a distance of 100 feet, more or less to a point; thence meander in a Southerly direction for a distance of 150 feet, more or less, back to the point of beginning, containing 0.3 acres more or less. ALSO A parcel of land in a part of Governmen Lot 1, Section 9, T.66S., R.32E., at Marathon, Key Vaca, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the centerline of U.S. Highway No. 1 and the West Line of Government Lot 1, Section 9, T.66S., R.32E., bear Northeasterly along the centerline of U.S. highway No. 1 for a distance of 1676.66 feet to a point; thence at right angles and Northerly for a distance of 155.45 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; from said POINT OF BEGINNING, (PAGE 1 OF 4 PAGES) EXIIIBIT A PAGE 4 OF 11 continue bearing Northerly and at right angles to U.S. Highway No. 1_for a distance of 22.36 feet to a point of the Southeasterly right -of -way line of Old State Highway No. 4A; thence bear Northeasterly along the Southeasterly right -of -way line of Old State Highway No. 4A for a distance of 359.41 feet to a point; thence Southeasterly and at right angles to U.S. Highway No. 1 for a distance of 190.43 feet to a point; thence Southwesterly and parallel with U.S. Highway No. 1 for a distance of 316.80 feet back to the POINT OF BEGINNING. ALSO • A parcel of land in Government Lot 1, Section 9, T.66S., R.32E., Tallahassee Meridian,' Kay Vaca, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the_, West line of Government Lot 1, Section 9, T.66S., R.32E., Tallahassee Meridian, Key Vaca, and the centerline of U.S. Highway No. 1, as existing June 20, 1955; thence North 74 degrees, 21 minutes, 20 seconds East along said centerline 1476.66 feet; thence North 15 degrees, 38 minutes, 04 seconds West and at a right angle to said centerline, 50.00 feet to the Northerly right -of -way line of U.S. Highway No. 1, the POINT OF BEGINNING: thence North 70 degrees, 21 minutes, 20 seconds East along said right -of -way line, 250 feet; thence North 15 degrees, 30 minutes, 40 seconds West and at a right angle to said right -of -way line, 37.73 feet to the Southerly right- of-way line of Old State Highway No. 4A; thence in a Westerly direction along the said Southerly right -of -way line which is also the arc of 07 degrees, 12 minutes, 10 seconds centerline curve, 253.70 feet to the Point • of Tangent of said curve, also the POINT OF BEGINNING. LESS AND EXCEPTING THE FOLLOWING DESCRIBED TWO PARCELS: PARCEL "C" Situated in the County of Monroe, State of Florida and known as being a part of Government Lot 1, Section 9, Township 66 South, Range 32 East, on Key Vaca and further known as being a Westerly portion of that land on said Key Vaca described in Official Record Book 839, Pages 364 thru 368 of Monroe County, Florida Deed Records, which exists above the mean high water line located upon the natural Florida Bay Shore of Key Vaca, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West line of Government Lot 1, Section 9, Township 66 South, Range 32 East and the Northwesterly Right -of- Way line of Old State Highway No. 4 -A, bear North 74 degrees, 21 minutes, 20 seconds East along the Northwesterly Right -of -Way line of Old State Highway No. 4 -A 1194.18 feet to a point of curvature therein; thence continue Northeasterly along the said Northwesterly Right -of -Way line of - said Old State Highway No. 4 -A'on the arc of a curve deflecting to the left 201.82 feet, said curve having a radius of 781.21 feet, the chord of which bears North 66 degrees, 57 minutes, 16 seconds East 201.26 feet to the POINT OF BEGINNING of the parcel of land herein intended to be described; from said POINT OF BEGINNING bear North 00 degrees, 00 minutes, 16 seconds East 224.48 feet to the centerline of an existing cyclone fence which bears South 88 degrees, 02 minutes, 58 seconds West; thence bear South 88 degrees, 02 minutes, 58 seconds West along the centerline of said existing cyclone fence 99.85 feet to the centerline of an existing cyclone fence which bears North 00 degrees, 00 minutes, 23 seconds East; thence bear North 00 degrees, 00 minutes, 23 seconds East along the centerline of said existing cyclone fence 137.49 feet to an angle point therein; thence continue along the centerline of said existing cyclone fence bearing North 03 degrees, 37 minutes, 12 seconds West 6.12 feet to its intersection with the mean high water line within the natural Florida Bay Shore of Key Vaca; thence meander said mean high water line in a generally Easterly direction on the following descriptive courses, bearing first South 63 degrees, 24 minutes, 34.4 seconds East 7.788 feet; thence South 33 degrees, 04 minutes, (PAGE 2 of 4 PACES) EXHIBIT A PAGE 5 OF 11 17.8 seconds East 56.629 feet; thence South 77 degrees, 52 minutes, 58 seconds East 58.512 feat; thence South 85 degrees, 43 minutes, 9.7 seconds East 67.668 feet; thence North 79 _degrees, 01 minutes, 15.4 seconds East 43.39 feet; thence bear South 00 degrees, 00 minutes, 23 seconds West from said mean high eater line 76.61 feet; thence bear South 88 degrees, 02 minutes. 58 seconds West 85.03 feet; thence bear South 00 degrees, 00 minutes, 16 seconds West 213.00 feet to a point on the Northwesterly Right - of -Way line of Old State Highway No. 4 -A; thence bear Southwesterly along the said Northwesterly Right -of -Way line of Old State Highway No. 4 -A on the arc of a curve deflecting to the right 23.41 feet, said curve having a radius of 781.21 feet, the chord of which bears South 58 degrees, 41 minutes, 41.5 seconds West 23.409 feet back to the POINT OF BEGINNING and containing 0.5000 Acres of land above the mean high water line located upon the natural Florida Bay.Shore of Key Vaca. ALSO PARCEL "D" Situated in the County of Monroe, State of Florida and known as being a parcel of filled bay bottom land formerly submerged by the waters of Florida Bay contiguous to and Northerly of Government Lot 1, Section 9, Township 66 South, Range 32 East, Key Vaca, and further known as being a portion of those lands described in Official Record Book 839, Pages 364 thru 368 of Monroe County Florida Deed Records, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West line of Government Lot 1, Section 9, Township 66 South, Range 32 East and the Northwesterly Right -of- Way line of Old State Highway No. 4 -A, bear North 74 degrees, 21 minutes, 20 seconds East along the Northwesterly Right -of -Way line of Old State Highway No. 4 -A, 1194.18 feet to a_point of curvature therein; thence continue Northeasterly along the said Northwesterly Right -of -Way line of. said Old State Highway No. 4 -A on the arc of a curve deflecting to the left 225.23 feet. said curve having a radius of 781.21 feet, the chord of which bears North 66 degrees, 05 minutes, 45 seconds East 224.45 feet; thence bear North 00 degrees, 00 minutes, 16 seconds East 213.00 feet; thence bear North 88 degrees, 02 minutes, 58 seconds East 85.03 feet; thence bear North 00 degrees, 00 minutes, 23 seconds East 76.61 feet to the mean high water line within the natural (historic) Florida Bay Shore of Vaca Key and POINT OF BEGINNING of the parcel of formerly submerged land herein intended to be described; from said POINT OF BEGINNING meander said mean high water line within the Florida Bay Shore of Vaca Key in a generally Westerly direction on the following descriptive courses, bearing first South 79 degrees, 01 minutes, 15 seconds West 43.39 feet; thence North 85 degrees, 43 minutes, 09.7 seconds West 67.668 feet; thence North 77 degrees, 52 minutes, 58 seconds West 58.512 feet; thence North 33 degrees, 04 minutes, 17.8 seconds West 56.629 feet; thence North 63 degrees, 24 minutes, 34.4 seconds West 7.788 feet to a point on the Westerly line of that land described in the first paragraph of Exhibit "A" Page 367 of Official Record Book 839 of Monroe County Florida Public Records; thence bear North 03 degrees, 37 minutes, 12 seconds West along the said Westerly line of lands described as aforesaid, 71.31 feet; thence continue along the said Westerly line of lands so described bearing North 52 degrees, 18 minutes, 52 seconds West 6.62 feet to a point on the mean high water line within the existing Florida Bay Shore of the filled bay bottom land herein intended to be described, said mean high water line being on the watervard face of a concrete retaining wall; thence meander said mean high water line on the face of said retaining wall bearing first North 07 degrees, 14 minutes, 24 seconds East 8.70 feet; thence North 36 degrees, 15 minutes, 57 seconds East 0.93 feet; thence South 60 degrees, 44 minutes, 03 seconds East 14.85 feet to where said mean high water line continues Southerly along the waterward face of a concrete retaining wall constructed to form a boat basin consisting of 0.839 acres of submerged land; thence meander said mean (PAGE 3 of 4 PAGES) EXHIBIT A PAGE OF 11 • high water line on the waterward face of said boat basin retaining wall bearing first South 09 degrees, 42 minutes, 29 seconds West 8.52 feet; thence South 09 degrees, 10 minutes, 43 seconds West 6.05 feet; thence South 01 degrees, 37 minutes, 27 seconds East 6.85 feet; thence South 05 degrees, 00 minutes, 23 seconds East 5.26 feet; thence South 07 degrees. 14 minutes, 41 seconds East 12.02 feet; thence South 09 degrees, 38 minutes. 40 seconds East 7.35 feet; thence South 16 degrees, 26 minutes, 35 seconds East 12.31 feet; thence South 33 degrees, 42 minutes, 32 seconds East 12.15 feet; thence South 40 degrees, 12 minutes, 43 seconds East 21.80 feet; thence South 41 degrees, 41 minutes, 14 seconds East 20.21 feet; thence South 48 degrees, 23 minutes, 40 seconds East 18.07 feet; thence South 66 degrees, 47 minutes, 26 seconds East 19.00 feet; thence North 20 degrees, 51 minutes, 18 seconds East 1.64 feet; thence North 52 degrees, 14 minutes, 22 seconds East 3.84 feet; thence South 81 degrees, 49 minutes, 34 seconds East 8.66 feet; thence South 25 degrees, 04 minutes, 35 seconds East,3.58 feet; thence South 10 degrees, 20 minutes, 49 seconds West 2.78 feet; thence South 81 degrees, 58 minutes, 44 seconds East 11.45 feet; thence South 86 degrees, 38 minutes, 30 seconds East 7.56 feet; thence North 82 degrees, 12 minutes, 12 seconds East 16.10 feet; thence North 73 degrees. 24 minutes, 23 seconds East 16.61 feet; thence North 70 degrees, 30 minutes, 06 seconds East 16.46 feet; thence North 67 degrees, 32 minutes, 05 seconds East 10.03 feet; thence North 64 degrees, 46 minutes, 53 seconds East 11.66 feet; thence North 61 degrees. 08 minutes, 12 seconds East 25.86 feet; thence North 55 degrees, 49 minutes, 03 seconds East 10.45 feet; thence bear South 00 degrees, 00 minutes, 23 seconds West from the mean high water line on the waterward face of said boat basin retaining wall 52.78 feet back to the mean high water line within the natural (historic) Florida Bay Shore of Vacs Key and POINT OF BEGINNING, containing 0.14713 Acres of filled, formerly submerged land in Florida Bay. 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""* r \ - ' t-,' ....:1. i p•;""' .1 • ,.„ * 9 4 .:....su la ...- j ... •:',;, ....... - ...• ...:,:;••••''' ...--. . ... •••••----- ■. 1; .-. ......' . --* .....-----. \ 1 . -..- .... .. t -........... --- .............. ..., ''' - --- ....\ i .. ..._ • .• i„T . . 11 • FILLED SUBNEltGED LANDS * • 0:34101 ACRES ( 1 ,.4854.394 - SQ.F1'. ) EXHIBIT A PAGE 8 OF 1 ] , ! I . PARCEL "C" Situated in the County of Monroe, State of Florida and known as being a part of Government Lot 1, Section 9, Township 66 South, Range 32 East, on Key Vaca and further known as being a Westerly portion of that land on said Key Vaca described in Official Record Book 839, Pages 364 thru 368 of Monroe County, Florida Deed Records, which exists above the mean high water line located upon the natural Florida Bay Shore of Key Vaca, and being more particularly described by metes and bounds as follows: . Commencing at the intersection of the West line of Government Lot 1, Section 9, Township 66 South, Runge 32 East and the Northwesterly Right -of- Way line of Old State Ilighway No. 4 -A, bear North 74 degrees, 21 minutes, 20 seconds East along the Northwesterly Right -of -Way line of Old State Ilighway No. 4 -A 1194.18 feet to a point of curvature therein; thence continue Northeasterly along the said Northwesterly Right -of -Way line of said Old State Ilighway No. 4 -A'on the arc of s curve deflecting to the left 201.82 feet, said curve having • radius of 781.21 feet, the chord of which bears North 66 degrees, 57 minutes, 16 seconds East 201.26 feet to the POINT OF BEGINNING of the parcel of land herein intended to be described; from said POINT OF BEGINNING bear North 00 degrees, 00 minutes, 16 seconds East 224.48 feet to the centerline of an existing cyclone fence which bears South 88 degrees, 02 minutes, 58 seconds West; thence bear South 88 degrees, 02 minutes, 58 seconds West along the centerline of said existing cyclone fence 99.85 feet to the centerline of an existing cyclone fence which bears North 00 degrees, 00 minutes, 23 seconds East; thence bear North 00 degrees, 00 minutes, 23 seconds East *long the centerline of said existing cyclone fence 137.49 feet to an angle point therein; thence continue along the centerline of said existing cyclone fence bearing North 03 degrees, 37 minutes, 12 seconds West 6.12 feet to its intersection with the mean high water line within the natural Florida Bay Shore of Key Vaca; thence meander said mean high water line in a generally Easterly direction on the following descriptive courses,- bearing first South 63 degrees, 24 minutes, 34.4 seconds East 7.788 feet; thence South: 33 degrees, 04 minutes,. 17.8 seconds East 56.629 feet; thence South 77 degrees, 52 minutes, 58 • seconds East 58.512 feet; thence South 85 degrees, 43 minutes, 9.7 seconds East 67.668 feet; thence North 79 degrees, 01 minutes, 15.4 seconds East 43.39 feet; thence bear South 00 degrees, 00 minutes, 23 seconds West from said mean high water line 76.61 feet; thence bear South: 88 degrees, 02 minutes, 58 seconds West 85.03 feet; thence bear South 00 degrees, 00 minutes, 16 seconds West 213.00 feet to a point on the Northwesterly Right - of -Way line of Old State Ilighway No. 4 -A; thence bear Southwesterly along the said Northwesterly Right -of -Way line of Old State Ilighway No. 4 -A on the arc of • curve deflecting to the right 23.41 feet, said curve having a radius of 781.21 feet, the chord of which bears South 58 degrees, 41 minutes, 41.5 seconds West 23.409 feet back to the POINT OF BEGINNING and containing 0.5000 Acres of land above the mean high water line located upon the natural Florida Bay Shore,of Key Vaca. ALSO PARCEL "D" Situated in the County of Monroe, State of Florida and known as being a parcel of filled bay bottom land formerly submerged by the waters of Florida Bay contiguous to and Northerly of Government Lot 1, Section 9. Township 66 South, Range 32 East, Key Vaca, and further known as being a portion of those lands described in Official Record Book 839, Pages 364 thru 368 of Monroe County Florida Deed Records, and being more particularly described by metes and bounds as follows: Commencing at the intersection of the West line of Government Lot 1, Section 9, Township 66 South, Range 32 East and the Northwesterly Right -of- Way line of Old State Ilighway No. 4 -A, bear North 74 degrees, 21 minutes, 20 seconds East along the Northwesterly Right -of -Way line of Old State Ilighway No. 4 -A, 1194.18 feet to a point of curvature therein; thence continue Northeasterly along the said Northwesterly Right -of -Way line of said Old State Highway No. 4 -A on the arc of a curve deflecting to the left 225.23 feet, said curve having a radius of 781.21 feet, the chord of which EXHIBIT A PAGE 9 OF 11 bears North 66 degrees, 05 minutes, 45 seconds East 224.45 feet; thence bear North 00 degrees, 00 minutes, 16 seconds East 213.00 feet; thence bear North 88 degrees, 02 minutes, 58 seconds Eaet 85.03 feet; thence bear North 00 degrees, 00 minutes, 23 seconds Eaet 76.61 feet to the mean high water line within the natural (historic) Florida Bay Shore of Vaca Key and POINT OF BEGINNING of the parcel of formerly submerged land herein intended to be described; from said POINT OF BEGINNING meander said mean high water line within the Florida Bay Shore of Vaca Key in .a generally Westerly direction on the following descriptive courses, bearing first South 79 degrees, 01 minutes, 15 seconds West 43.39 feet; thence North 85 degrees, 43 minutes, 09.7 seconds West 67.668 feet; thence North 77 degrees, 52 minutes, 58 seconds West 58.512 feet; thence North 33 degrees, 04 minutes, 17.8 seconds West 56.629 feet; thence North 63 degrees, 24 minutes, 34.4 seconds West 7.788 feet to a point on the Westerly line of that land described 'in the first paragraph of Exhibit "A" Page 367 of Official Record Book 839 of Monroe County Florida Public Records; thence bear North 03 degrees, 37 minutes, 12 seconds West along the said Westerly line of lands described as aforesaid, 71.31 feet; thence continue along the said Westerly line of lands so described bearing North 52 degrees, 18 minutes, 52 seconds West 6.62 feet to a point on the mean high water line within the existing Florida Bay Shore of the filled bay bottom land herein intended to be described, said mean high water line being on the waterward face of a concrete retaining wall; thence meander said mean high water line on the face of said retaining wall bearing first North 01 degrees, 14 minutes, 24 seconds East 8.70 feet; thence North 36 degrees, 15 minutes, 57 seconds East 0.93 feet; thence South 60 degrees, 44 minutes, 03 seconds East 14.85 feet to where said mean high water line continues Southerly along the waterward face of a concrete retaining wall constructed to form a boat basin consisting of 0.839 acres of submerged land; thence meander said mean high water line on the waterward of said boat basin retaining wall bearing first South 09 degrees, 42 minutes. 29 seconds West 8.52 feet; thence South 09 degrees, 10 minutes, 43 seconds West 6.05 feet; thence South 01 degrees, 37 minutes, 27 seconds Eaet 6.85 feet; thence South 05 degrees, 00 minutes, 23 seconds Eaet 5.26 feet; thence South 07 degrees, 14 minutes, 41 seconds East 12.02 feet; thence South 09 degrees, 38 minutes, 40 seconds East 7.35 feet; thence South 16 degrees, 26 minutes, 35 seconds East 12.31 feet; thence South 33 degrees, 42 minutes, 32 seconds East 12.15 feet; thence South 40 degrees, 12 minutes. 43 seconds Last 21.80 feet; thence South 41 degrees, 41 minutes, 14 seconds East 20.21 feet; thence South 48 degrees, 23 minutes, 40 seconds East 18.07 feet; thence South 66 degrees, 47 minutes, 26 seconds East 19.00 feet; thence North 20 degrees, 51 minutes, 18 seconds East 1.64 feet; thence North 52 degrees, 14 minutes, 22 seconds East 3.84 feet; thence South 81 degrees, 49 minutes, 34 seconds East 8.66 feet; thence South 25 degrees, 04 minutes, 35 seconds East 3.58 feet; thence South 10 degrees, 20 minutes, 49 seconds West 2.78 feet; thence South 81 degrees, 58 minutes, 44 seconds Eaet 11.45 feet; thence South 86 degrees, 38 minutes, 30 seconds East 7.56 feet; thence North 82 degrees, 12 minutes, 12 seconds East 16.10 feet; thence North 73 degrees, 24 minutes, 23 seconds East 16.61 feet; thence North 70 degrees, 30 minutes, 06 seconds East 16.46 feet; thence North 67 degrees, 32 minutes, 05 seconds East 10.03 feet; thence North 64 degrees, 46 minutes, 53 seconds East 11.66 feet; thence North 61 degrees, 08 minutes, 12 seconds East 25.86 feet; thence North 55 degrees, 49 minutes, 03 seconds East 10.45 feet; thence bear South 00 degrees, 00 minutes, 23 seconds West from the mean high water line on the waterward face of said boat basin retaining wall 52.78 feet back to the mean high water line within the natural (historic) Florida Bay Shore of Vaca Key and POINT OF BEGINNING, containing 0.14713 Acres of filled, formerly submerged land in Florida Bay. EXHIBIT A PAGE 10 OF 11 t x'a • w. • f•' I . .. . . , t • sJ,l i . AI Meows •aw ..,.i .....•, ..... / 4P tt1 ti.. t'li. i \ , I' •..I..w - :: ^ t w i : 1 ( r • c •r tow( • ). • i ;e, „ ' vit.• fi t' 1 •-::::: mow I f .:.: + �T r ' 15 'V i y • t y i l, ' Nw.. rw.•.r J. •w.•N N � w.w •. ..•'.w” . -:•i t e - I.wI • • ... i x _. it ' r r.....; • . „ r , s ‘ ' a M I. N .•• rwr •.u. . • • fir' . Sti � > ` i ' /• ; f'. • F.; t = � / 11 ; '• • ( •a .•: r /•I r . \ - _� • / pn•• r a e , ` • 1 1 w . I w ' A. \ / • • '•• I "• °1ti r'ff ♦` • • 1 • 1 . te r.... :. •\ . • f` ....\ S . - S IP • / 10 1 1 `\ l \� r• .?° r_ r . • dt.. .rM W. I 0110 1 1 0.1 AmAwe A I. Wee • •\ •e I .f, / /� 1 ` r ; •t . .. ; � . • 1 1 t • •• r f • . • .w 1 p i _ '1.. 1 ` 1 t 1 I .!. f• ....ow f: .1 1 V1 a . r" • •w • p,. • , ; 11 '1' • S Pi 1 . p l � , • , • ; t r •• i 1 w ,. w" - ��' roc"' iw .. , N /11 r / el ~. .. ti "" OUTSIDE PRRIFCT BOUNDRY "" a' M - 0.5 ACRES RETAINED BY DYKSTRA AFTER STATE PUROIASE ® - 0.14713 ACRES OF FILLED LAND RETAINED BY DYKSTRA • EXHIBIT A 1 PAGE 11 OF 11 FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT-FOR • REGIONAL SERVICE CENTER, MONROE COUNTY, MARATHON, FLORIDA_ This agreement is entered into between Monroe County, Florida (Owner), the Department of General Services (Owner /Developer) and the State of Florida, Department of Community Affairs (Department) subject to all other governmental approvals and solely at the risk of the Ov)ners and the Developer. WHEREAS, the above -named parties and Jack R. Dykstra and Jack R. Dykstra, II, have previously entered into a Preliminary Development Agreement For Regional Service Center, Monroe County, Marathon, Florida, (hereafter "the PDA "); and WHEREAS, Jack R. Dykstra_and Jack R. Dykstra, II, have sold to the State of Florida all their interest in land upon which the Regional Service Center is to be constructed (said land having been described in Pages 1 -7 of Exhibit A to the PDA); and WHEREAS, the Florida Department of Transportation has quitclaimed its interest in the abandoned roadway on the property, as contemplated in paragraph 4 of the PDA; and WHEREAS, there has been allocated additional funding to increase the size of the development originally proposed in the PDA; and WHEREAS, the Department of General Services has been given the statutory duty and responsibilty to acquire and implement the State Agency Law Enforcement Radio System pursuant to Section 282.1095, Florida Statutes; and WHEREAS, the Department of General Services has been directed by the Florida Legislature to establish a radio communications system in the southeast portion of the state, to be known as the Pilot Project; and WHEREAS, the Pilot Project will operate throughout the Florida Keys, Dade County and eastern Broward County; and WHEREAS, the successful operation of the Pilot Project is clearly in the public interest and especially inures to the benefit of the citizens of southeastern Florida including the Keys; and WHEREAS, the original proposal for the Regional Service Center included construction of a radio tower for use by state law enforcement agencies; and WHEREAS, the proposed tower will require certain support facilities to be located nearby; and WHEREAS, equipment now located on the Florida Highway Patrol Tower and on the Florida Marine Patrol Tower in Marathon will eventually be relocated to the proposed tower and those two existing towers will be removed; and WHEREAS, utilization of the proposed tower will greatly facilitate implementation of the Pilot Project; and WHEREAS, long lead times for obtaining required permits from federal agencies necessitate immediate application being made; and WHEREAS, the Regional Service Center is currently undergoing Development of Regional Impact review; and 2 i WHEREAS, the Pilot Project scheiule calls for utilization of the proposed tower prior to the projected date of issuance of the Development Order; and WHEREAS, the PDA authorizes certain activities but does not address the construction of the tower; and WHEREAS, the Department of General Services is desirous of amending the PDA to authorize construction of the tower and to reflect the change in size of the original proposal; and WHEREAS, the other parties are in agreement therewith NOW THEREFORE, for and in consideration of the mutual convenants contained herein it is hereby understood and agreed that: 1. The PDA is amended to include construction of a radio tower and support facilities as follows: a. The tower shall be self - supporting and shall not exceed 270 feet in height. b. The tower and support facilities shall be constructed in compliance with the South Florida Building Code and all other state, federal and local regulations. c. The Department of General Services shall apply for and obtain all necessary permits prior to beginning construction. d. The tower and support facilities shall be located as indicated in the attached Preliminary Master Plan, consistent with local ordinances. 3 i, e. The support facilites shall consist of an equipment shelter (approximately 20' long x 12' wide x 9' high), an auxiliary generator, a 5,000 - gallon fuel storage tank, and utility lines as may be required. f. The Department of General Services may remove rubbish and exotic plant material from disturbed areas of the site in order to provide access to the tower and support facilities. g. If required pursuant to D.R.I. review, the Department of General Services may restore to original condition the concrete bulkhead. h. In sum, the construction undertaken pursuant to this amendment, when considered with other activities already authorized by the PDA, shall not exceed 25% of any applicable numerical guideline and standard. 2. The original proposal of 48,600 gross square feet of office, lab and public assembly space is amended to conform to the Application for Development Approval, answer to Question 12., wherein a 61,000 square foot office /auditorium and a second -phase addition of approximately 30,000 square feet are proposed for ultimate buildout of the project. 3. All other terms and conditions of the PDA remain in full force and effect and shall apply to any construction authorized by this amendment. 4. The date of execution of this amendment shall be the date that the last party signs and acknowledges this amendment. 4 Approved as to term and DEPARTMENT OF GENERAL SERVICES legality: OWNER /DEVELOPER • ta4 • /WITNE v. BY: :, ��•t � _ EXECUTIVE DIRECTOR P,e4 C ' WITN 4 1\ STATE OF FLORIDA COUNTY OF LEON The foregoin instrument was acknowledged :before me this /0' day of I , 1989, by Ronald W. Thomas, Executive Director o ne Department of General Services, an agency of the State of Florida, on behalf of the Department. 4W-UtA (impress official seal) i G, Notary Public, Spate of Florida My commission expi a -/7_9 5 0 fr Approved 7 *.) for :1d ' MONROE COUNTY legality: OWNER ATTEST: BY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 1989, by Chairman of the Board of County Commissioners, Monroe County, on behalf of the Board. (impress official seal) Notary Public, State of Florida My commission expires: 6 41 , Approved as to term and DEPARTMENT OF COMMUNITY AFFAIRS 1 legal sufficiency: DEPARTMENT BY: Attorney, De artment 27 Y+ � 2740 Cen..er ✓yew Drive of Community Affairs Tallahassee, FL 32399 WITNESS WITNESS STATE OF FLORID COUNTY OF LEON The foregoing instrument was acknowledged :before me this day of , -1989, by Thomas G. Pelham, Secretary, Department of Community Affairs, an agency of the State of Florida, on behalf of the Department. (impress official seal) Notary Public, State of Florida My commission expires: 7