Loading...
Item F2 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: Februarv 16. 2005 Bulk Item: Yes No 1- Department: Land Authoritv Agenda Item Wording: Approval of a resolution authorizing the sale of pre-acquired Florida Forever properties to the Board of Trustees of the Internal Improvement Trust Fund. Item Background: This sale is proposed as part of the Land Authority's ongoing partnership with the State of Florida to assist in the acquisition of Florida Forever lands for conservation and recreation. Under the proposed contract the Land Authority would sell to the State approximately 57 acres of pre- acquired land in Florida Forever projects throughout the Keys, The sales price is $1,275,180.65, which corresponds to the purchase price the Land Authority paid when pre-acquiring the property. The contract terms are similar to those the Land Authority approved last year in the sale of Stirrup Key Hammock to the State and include a limit on the amount by which the State can reduce the purchase price due to survey adjustments (5%) and limits on the amounts the Land Authority would be obligated to spend removing trash and debris ($1,000) and hazardous materials (1 %) if those materials were present on the property. The agenda packet spreadsheet summarizes the location of the properties to be sold and the anticipated net proceeds, Advisory Committee Action: On November 18, 2004 the Committee voted 4/0 to approve the sale. On January 26, 2005 the Committee voted 5/0 to authorize minor changes in the contract legal description. Previous Governing Board Action: On May 19, 2004 the Board approved a similar contract to sell Stirrup Key Hammock to the State, Contract/Agreement Changes: NIA Staff Recommendation: Approval. Total Cost: NIA Budgeted: Yes _ No _' Cost to Land Authority: NIA Source of Funds: NIA Approved By: Attorney -L County Land Steward _' Executive Director Approval: ~...1:- '~a~ Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item Sale of MCLA Property to the Board of Trustees Summary of Properties to be Sold MM Island Florida Forever Project Subdivision or Parcel Name Parcels Acres 106.2 Key Largo FKE/North Creek Julie 1 2.0 105,5 Key Largo FKE/North Creek BC Moreno 38 5.5 100.7 Key Largo FKE/Newport Hammock Burlington Heights 10 2.8 100.5 Key Largo FKE/Newport Hammock NC Beach Fishing Club 6 3,7 94.5 Key Largo FKE/Dove Creek Richard Park 18 3.2 93,0 Key Largo FKE/Dove Creek Kimball 1 0.3 90.0 Plantation FKE/Lake San Pedro Plantation Shores 6 1.6 89.5 Plantation FKE/Lake San Pedro Huffman 1 0.4 89.5 Plantation FKE/Lake San Pedro Lodge 1 1.1 89.4 Plantation FKE/Lake San Pedro Tropical Coral Reef Estates 4 3.7 34.0 No Name Coupon Bight/Key Deer Ocean Heights 1 0.2 34.0 No Name Coupon Bight/Key Deer Tuxedo Park 35 4.0 31.6 Big Pine Coupon Bight/Key Deer Sawyer 1 1.0 30.4 Big Pine Coupon Bight/Key Deer Koehns 1 0.2 30.0 Big Pine Coupon Bight/Key Deer Gavigan 1 1,2 28.3 Little Torch FKE/Little Torch Key Torch Key Estates 4 0,5 28.0 Middle Torch FKE/Middle Torch Key Dorns 3 2.8 27.6 Big Torch FKE/Big Torch Key Rainbow Beach 167 19.2 26.7 Ramrod FKE/Ramrod Key Silver Shores Estates 33 3,8 Total 332 57.2 Purchase Property Price Florida Forever Bulk Sale To Board of Trustees $1,275,180,65 SALES CONTRACTS 02/16/05 Envr. Audit, Survey Title or Clean-up Insurance $13,752.00 $0.00 Attorney Fee $500.00 Recording Fee $205.50 Net Proceeds $1,260,723.15 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE SALE OF PRE-ACQUIRED FLORIDA FOREVER PROPERTIES TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND. WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") serves as a local partner with the State of Florida to assist the State in acquiring Florida Forever lands in the Florida Keys; and WHEREAS, the Land Authority has pre-acquired many properties within Florida Forever projects over the years; and WHEREAS, the Florida Department of Environmental Protection has transmitted to the Land Authority an Option Agreement for Sale and Purchase whereby the Florida Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, would purchase approximately 57 acres of said pre-acquired land for conservation purposes; and WHEREAS, on November 19, 2004 and January 26, 2005, the Land Authority Advisory Committee voted to approve said contract and the sale of said land; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Option Agreement for Sale and Purchase shown in Attachment A and having a purchase price of $1,275,180.65 is hereby approved and the Chairman is authorized to execute same, Section 2. The Chairman is hereby authorized to execute the deed and associated closing documents to complete the real estate transaction. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of 2005. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director David P. Rice Chairman Approved for Legal Sufficiency Larry R. Erskine ATTACHMENT A Project: J~~QRmAl(~X.sECQSY.sIBM Parcel #: Acres: (Form Created 02104) OIYfION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this ____ day of ,200 ,between MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663(1), Florida Statues and Monroe County Ordinance Number 031-1986, whose address is 1200 Truman Avenue, Snite 207, Key West Florida 33040, as "Seller" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("Trustees"), whose address is Florida Department of Environmental Protection, Division of State Lands, 3900 Commonwealth Blvd., Mail Station 115, Tallahassee, Florida 32399-3000, as "Purchaser". Purchaser's agent in all matters shall be the Division of State Lands of the Florida Department of Environmental Protection ("DSL"). 1. QRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in Monroe County, Florida, described in Exhibit "A", together with all timber, transferable development rights, improvements, easements, appurtenances, hereditaments, and riparian and littoral rights, if any (the "Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding on execution of this Agreement, but exercise of the option is subject to approval by Purchaser and is effective only if DSL gives written notice of exercise to Seller. 2, OPTION TERMS. The consideration for the option granted by this Agreement is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by DSL from the Comptroller of the State of Florida. The option may be exercised during the period beginning with Purchaser's approval of this Agreement at a regularly scheduled meeting of the Governor and Cabinet sitting as the Trustees, and ending 120 days after Purchaser's approval of this Agreement ("Option Expiration Date"), unless extended by other provisions of this Agreement. If Purchaser's funds in the amount of the purchase price (as hereinafter defined in paragraph 3,A.) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A, PURCHASE PRICE. The purchase price for the Property is One Million, Two Hundred Seventy Five Thousand, One Hundred Eighty Dollars and 65/100 ($1,275,180.65) ("Initial Purchase Price") which, after credit for the Option Payment, will be paid at closing, Seller hereby authorizes Purchaser to issue a state warrant for the Purchase Price directly to an escrow agent who is authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the escrow agent to pay Seller's expenses of sale. The Initial Purchase Price is subject to adjustment in accordance with paragraph 3,B. This Agreement is contingent upon approval of the Final Adjusted Purchase Price, hereinafter defined, by Purchaser and upon confirmation that the Final Adjusted Purchase Price is not in excess of the maximum value of the Property as determined in accordance with Section 259.041(7), Florida Statutes ("DSL Approved Value"). The determination of the DSL Approved Value and the Final Adjusted Purchase Price can only be made after the completion and DSL's approval of the survey required in paragraph 5. 3.B. ADJUSTMENT OF PURCHASE PRICE. If, prior to closing, DSL determines that the Initial Purchase Price exceeds the DSL Approved Value of the Property, the Initial Purchase Price will be reduced to the DSL Approved Value of the Property (hereinafter the "Final Adjusted Purchase Price"). If the Final Adjusted Purchase Price is less than 95 % of the Initial Purchase Price because of the adjustment provided for in this paragraph 3.B., Seller shall, in Seller's sole discretion, have the right to terminate this Agreement and neither party shall have any further obligation under this Agreement. If seller elects to terminate this Agreement, Seller shall provide written notice to DSL of Seller's election to terminate this Agreement within 10 days after Seller's receipt of written notice from DSL of the Final Adjusted Purchase Price. If Seller fails to give Purchaser a written notice of termination within the aforesaid time period from receipt of DSL's written notice, then Seller BLA-Inl (02f04) shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Initial Purchase Price. 4.A. ENVIRONMENTAL SITE ASSESSMENT. Purchaser, prior to the exercise of the option and at its sole cost and expense, may conduct an environmental site assessment of the Property to determine the existence and extent, if any, of any Hazardous Materials on the Property. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defmed in paragraph 4.B.). 4.B. HAZARDOUS MATERIALS. If the environmental site assessment provided for in paragraph 4,A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate this Agreement, Seller shall, at Seller's sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary, as to Hazardous Materials placed on the Property during Seller's ownership of the Property, to bring the Property into full compliance with Environmental Law. "Environmental Law" shall mean all federal, state and local laws, including statutes, regulations, ordinances, codes, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements and other governmental restrictions relating to the protection of the environmental or human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of any contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or waste or any kind into the environment, including, without limitation, ambient air, surface water, ground water, or land including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource and Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986, Chapters 161, 253, 373, 376 and 403, Florida Statutes, Rules of the U.S. Environmental Protection Agency, Rules of the Florida Department of Environmental Protection, and the rules of the Florida water management districts now or at any time hereafter in effect. Should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 1 % of the Initial Purchase Price as stated in paragraph 3.A., however, Seller may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. The limitation herein on Seller's contractual obligation to indemnify Purchaser as specified in this paragraph 4.B. shall not be construed to limit Seller's legal liability under any Environmental Law for Hazardous Materials located on the Property or to limit Purchaser's legal and equitable remedies against Seller under any Environmental Law for Hazardous Materials located on the Property. 5. SURVEY. Purchaser may have the Property surveyed at its expense. If the survey ("Survey"), certified by professional surveyor and mapper licensed by the State of Florida, shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. 6. TITLE INSURANCE. Purchaser may provide a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B" with Florida revisions) from a title insurance company approved by DSL, insuring marketable title to the Property in the amount of the purchase price. Seller warrants that any billboards on the property shall be removed prior to closing. 7. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished pursuant to this Agreement discloses any defects in title that are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. Defects arising from liens against the Property shall be satisfied at closing from Seller's proceeds. If Seller is unsuccessful in removing the title defects within said time, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Purchase Price by an amount determined by DSL, (b) accept the title as it then is with no reduction in the 2 BLA-127.1 (02104) Purchase Price, (c) extend the amount of time Seller has to remove the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. If Seller fails to make a diligent effort to remove the title defects, Seller shall be in default and the provisions of paragraph 17. of this Agreement shall apply, 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Buyer a statutory warranty deed in accordance with the provisions of Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the sole discretion of Buyer and do not impair the marketability of the title to the Property. The Purchaser, by way of this Agreement, hereby petitions the Seller for the release of the mineral rights reserved by the Seller pursuant to Section 270.11, Florida Statutes. The basis for the release is that the Purchaser requires these rights for more effective management in the preservation of the Property and the Purchaser is also governed by Section 270,11, Florida Statutes, These mineral rights are to be conveyed at closing to the Purchaser as additional consideration for payment of the purchase price, 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, 375,031(1) and 380.08(2), Florida Statutes, Purchaser shall prepare the deed described in paragraph 8. of this Agreement, Purchaser's and Seller's closing statements and the title, possession and lien affidavit certified to Purchaser and title insurer and an environmental affidavit on DSL forms provided by DSL. All prepared documents shall be submitted to DSL for review and approval at least 15 days prior to the Option Expiration Date. 10, DSL REVIEW FOR CLOSING. DSL will approve or reject each item required for closing under this Agreement. If DSL rejects an item for closing which was submitted by the Seller, Seller will have 30 days thereafter to remove and resubmit any rejected item. If Seller fails to timely deliver any items required of Seller, or DSL rejects any item after delivery, the Option Expiration Date shall be extended until DSL approves Seller's documents or until Purchaser elects to terminate the Agreement, 11. EXPENSES, Seller will pay the documentary revenue stamp tax, if any, and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments that DSL deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS, At closing, Seller shall satisfy all real estate taxes and assessments that are or may become a lien against the Property, If Purchaser acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. If Purchaser acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13, CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any documents required to be provided or completed and executed, the closing shall occur either on the original closing date or within 60 days after receipt of documentation removing the defects, whichever is later. Purchaser shall set the date, time and place of closing. 14, RISK OF LOSS AND CONDITION OF PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. If the condition of the Property is altered by an act of God or other natural force beyond thed 3 BLA-127.1 (02/04) control of Seller, however, Purchaser may elect, at its sole option, to: (a) accept the title as it then is with a reduction in the Purchase Price by an amount determined by DSL, (b) accept the title as it then is with no reduction in the Purchase Price, or (c) terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Purchaser or which have not been disclosed to Purchaser. All wells located on the Property shall be duly abandoned at the Seller's sole cost and expense prior to the exercise of the option unless this requirement is waived by DSL in writing. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris (hereafter, "trash and debris") from the Property to the satisfaction of DSL prior to the exercise of the option by Purchaser. If the Seller does not remove all trash and debris from the Property prior to closing, Purchaser at its sole option, may elect to: (a) deduct the expense necessary to remove trash and debris from the Seller's proceeds of sale up to but not to exceed $1,000.00 and proceed to close, with the Purchaser incurring any additional expenses necessary to remove all trash and debris and clean up the Property subsequent to closing, (b) extend the amount of time the Seller has to remove all trash and debris from the Property, (c) terminate this Agreement, and neither party shall have any further obligations under the Agreement. 15. RIGHT TO ENTER PROPERTY AND POSSESSION, Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to Purchaser at closing. 16, ACCESS. Seller warrants that there is legal and practical ingress and egress for the Property over public roads or valid, recorded easements for the use and benefit of and as an appurtenance to the Property. 17. D EF A UL T, If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. Purchaser may record this Agreement, or notice of it, in the appropriate county or counties. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event, Purchaser will provide written notice of assignment to Seller. Seller may not assign this Agreement without the prior written consent of Purchaser, 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22, SEVERABILITY, If any of the provisions of this Agreement are deemed to be unenforceable and the unenforceability of said provisions does not adversely affect the purpose and intent of this Agreement, in Purchaser's sole discretion, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST, This Agreement shall bind and inure to the benefit of Seller and Purchaser and their respective heirs, legal representatives and successors. Whenever used, the singular shall include the plural and one gender shall include all genders. 4 BLA-I27,1 (02/04) 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. Notwithstanding the foregoing, the parties acknowledge that the legal description contained in Exhibit "A" was prepared based upon historic chain of title information, without the benefit of a current survey of the Property. The parties agree that if, in the opinion of DSL, it becomes necessary to amend the legal description of the Property to correct errors, to more properly describe the Property, to cut out portions of the Property affected by title defects unacceptable to Purchaser or which cannot be timely removed by the Seller, or to otherwise revise the legal description of the Property, the legal description to be used in the Survey (if any) and in the closing instruments required by this Agreement shall be revised by or at the direction of DSL, and shall be subject to the final approval of DSL Anything to the contrary hereinabove notwithstanding, such a revision of the legal description of the Property shall not require a written amendment to this Agreement. In such event, the Seller's execution and delivery of the closing instruments containing the revised legal description and the Purchaser's acceptance of said instruments and of the final Survey (if any) containing the revised legal description shall constitute a full and complete ratification and acceptance of the revised legal description of the Property by the parties, Seller acknowledges that the Trustees have made various delegations of power for the purpose of land acquisition, and not all representatives of the Trustees or the DSL have authority to act in all situations, Consequently, this Agreement may be terminated by the Trustees pursuant to any provision therefor contained in this Agreement only in writing signed by the person or persons who signed this Agreement on behalf of the Trustees or that person's successor. 25, WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto and approved by or on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. 27. COUNTERPARTS, This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 28, ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 29, NOTICE, Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally, transmitted via facsimile transmission, mailed postage prepaid, or sent by overnight courier to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 30. SURVIV AL The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8, of this Agreement and Purchaser's possession of the Property. IF THIS INSTRUMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE NOVEMBER 21. 2004, PURCHASER SHALL BE UNDER NO OBLIGATION TO ACCEPT THIS INSTRUMENT. PURCHASER'S EXECUTION OF THIS INSTRUMENT IS SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. THE EXERCISE OF THE OPTION PROVIDED FOR HEREIN IS SUBJECT TO: (1) CONFIRMATION THAT THE PURCHASE PRICE IS NOT IN EXCESS OF THE DSL APPROVED VALUE OF THE PROPERTY, AND (2) DSL 5 BLA-127.1 (02/04) APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER, THE STATE OF FLORIDA'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT WHEN DULY EXECUTED. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663(1), Florida Statues and Monroe County Ordinance Number 031-1986 (Official Seal) By: Name: David P. Rice Chairman ATTEST: Name: Mark J, Rosch Executive Director Date Signed by Seller Approved as to Form and Legality Phone No. 8 a.m, - 5 p. m. By: Date: PURCHASER BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY DIVISION OF STATE LANDS OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: Witness as to Purchaser NAME: AS ITS: Witness as to Purchaser Date signed by Purchaser Approved as to Form and Legality By: Date: 6 BLA-I27.l (02/04) STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of ,200_, by David P. Rice and Mark J. Rosch as Chairman and Executive Director, respectively, for and on behalf of MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380,0663(1), Florida Statues and Monroe County Ordinance Number 031-1986. Such person(s) (Notary Public must check applicable box): [_l [_l [_l is/are personally known to me. produced a current driver license(s). produced as identification, (NOT ARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 200_, by , Bureau of Land Acquisition, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, He/She is personally known to me. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 7 BLA-I27.1 (02104) Legal Description See Exhibit A 8 BLA-I27,1 (02/04) ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) STATE OF FLORIDA COUNTY OF MONROE Before me, the undersigned authority, personally appeared David p, Rice ("affiant"), this day of , 200_, who, first being duly sworn, deposes and says: 1) That affiant is the Chairman of the Monroe County Comprehensive Plan Land Authority, a land authority under section 380,0663(1), Florida Statues and Monroe County Ordinance Number 031-1986, as "Seller", whose address is 1200 Truman Avenue, Suite 207, Key West, FL 33040, and in such capacity has personal knowledge of the matters set forth herein and has been duly authorized by the Seller to make this affidavit. That Seller is the record owner of the Property. As required by Section 286.23, Florida Statutes, the following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the disclosing entity: (if more space is needed, attach separate sheet) Name Address Interest Non-Applicable. Seller is a land authority under section 380.0663(1), Florida Statues and Monroe County Ordinance Number 031-1986, 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: (if non-applicable, please indicate "None" or "Non-Applicable") Name Address Reason for Payment Amount Non-Applicable 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to the State of Florida: (if non-applicable, please indicate "None" or "Non-Applicable") Name and Address of Parties Involved Date Type of Transaction Amount of Transaction Michael A. Jullie 7721 SW 62nd Avenue Suite 201 Miami, FL 33143 12/1 8/02 Sale to MCLA $118,812.00 9 BLA-127,) (02104) Charles E. Huffman, as 5/13/03 Sale to MCLA $32,000.00 PR of the Estate of James P. Huffman, deceased 3041 W 30th Court Panama City, FL 32405 Evelyn Ann Sawyer 8/23/02 Sale to MCLA $2,200.00 3612 Sunrise Drive Key West, FL 33040 David Gavigan and 7/24/02 Sale to MCLA $18,965.00 Diane Willard 31 Arbor Court Fairport, NY 14450 Paul J. Mitchell, as 11 /0 1/02 Sale to MCLA $575.00 successor trustee of the Margarita Lacedonia Mitchell Declaration of Trust and individually PO Box 4930 Key West, FL 33041-4930 William O. Wright, Sf. 7/11/02 Sale to MCLA $3,237.25 Florea H. Wright 116 Pine Lane Drive Milledgeville, GA 31061 Lutgarda F. Kerr 5/21/02 Sale to MCLA $2,300.00 1225 5th Street Key West, FL 33040 Roy Daniel West 9/23/02 Sale to MCLA $189.75 6105 Quail Valley Road Tallahassee, FL 32309 This affidavit is given in compliance with the provisions of Sections 286.23, 375.031(1), and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SAYETH NOT. AFFIANT Name: David P. Rice, Chairman 10 BLA-Inl (02/04) SWORN TO and subscribed before me this _ day of , 200_, by David P. Rice, as Chairman for and on behalf of the Monroe County Comprehensive Plan Land Authority, a land authority under section 380.0663(1), Florida Statues and Monroe County Ordinance Number 031-1986. Such person(s) (Notary Public must check applicable box): [~ [_l [_I is/are personally known to me. produced a current driver licensees). produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 11 BLA-I27.1 (02/04) EXHIBIT "A" PARCELS 6556 THROUGH 6560, 6564 THROUGH 6566, 6573 THROUGH 6579, 6589, 6590, 6595 THROUGH 6601, 6641, 6642, 6655 THROUGH 6658 AND 6667 THROUGH 6671 LOTS 1 THROUGH 5 AND 9 THROUGH 11, BLOCK 1, LOTS 6 THROUGH 12, BLOCK 2, LOTS 10,11 AND 16 THROUGH 22, BLOCK 3, LOTS 14 AND 15, BLOCK 5 AND LOTS 4 THROUGH 7 AND 16 THROUGH 20, BLOCK 6, TUXEDO PARK, NO NAME KEY, AS RECORDED IN PLAT BOOK 1, PAGE 134, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA BSM APPROVED By ~Date 1/31/05 COUPON BIGHT KEY DEER NO NAME KEY/TUXEDO PARK MClAiPARCEL 655&6560,6564-6566,6573-6579,6589,6590,6595-0601, 6641,6642,6655-6658 & 6667-6671, LOTS 1-5 & 9-11, BLOCK 1, LOTS 6-12, BLOCK 2, LOTS 10, 11 & 16-22, BLOCK 3, LOTS 14& 15, BLOCK5&LOTS4-7 & 16-20, BLOCK6 1 of 22 EXHIBIT "A" PARCEL 8494 ON THE ISLAND OF BIG PINE KEY, AND KNOWN AS A PART OF LOT FOUR (4) OF SECTION TWENTY-FIVE (25), TOWNSHIP SIXTY-SIX (66) SOUTH OF RANGE TWENTY-NINE (29) LYING SOUTH AND WEST OF U.S. HIGHWAY NO.1, FORMERLY THE F.E.C. RAILROAD. BIG NlClAiPARCEl 2 of 22 EXHIBIT "A" PARCEL 9040 A PARCEL OF LAND IN THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-FOURTH OF SECTION TWENTY-SIX (26), TOWNSHIP SIXTY-SIX (66) SOUTH OF RANGE TWENTY-NINE (29) EAST ON BIG PINE KEY, MONROE COUNTY, FLORIDA, AND KNOWN AS LOT TWENTY-TWO (22) OF AN UNRECORDED SUBDIVISION, BY C.G. BAILEY REGISTERED FLORIDA LAND SURVEYOR NO. 620, AND DATED SEPTEMBER 1952 AND MORE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-FOURTH OF SECTION TWENTY-SIX (26), TOWNSHIP SIXTY-SIX (66) SOUTH OF RANGE TWENTY-NINE (29) AND THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1, RUN WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 FOR A DISTANCE OF 305.02 FEET TO A POINT; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 89 51 MINUTES AND NORTH FOR A DISTANCE OF 650.395 FEET TO THE POINT OF BEGINNING OF PARCEL OF LAND HEREINAFTER DESCRIBED; FROM SAID POINT OF BEGINNING CONTINUE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF A 50 FOOT ROAD OR STREET FOR A DISTANCE OF 319.475 FEET; THENCE AT RIGHT ANGLES AND EAST FOR A DISTANCE OF 305.02 FEET; THENCE AT RIGHT ANGLES AND SOUTH FOR A DISTANCE OF 319.475 FEET; THENCE AT RIGHT ANGLES AND WEST FOR A DISTANCE OF 305.02 FEET BACK TO THE POINT OF BEGINNING. LESS AND EXCEPT: A PARCEL OF LAND IN THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-FOURTH OF SECTION TWENTY -SIX TOWNSHIP SIXTY -SIX (66) SOUTH OF RANGE EAST ON BIG PINE AND BEING A PORTION OF LOT (22) OF AN UNRECORDED BY C.G. BAILEY REGISTERED FLORIDA LAND SURVEYOR NO. AND DATED SEPTEMBER 1952 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: AT THE INTERSECTION OF THE EAST LINE OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE ONE-FOURTH OF THE SECTION TWENTY-SIX TOWNSHIP SIXTY -SIX SOUTH RANGE TWENTY-NINE AND THE NORTH RIGHT WAYLlNE OF U.S. NO.1, RUN WESTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 FOR A DISTANCE OF 305.02 FEET TO THENCE WITH DEFLECTED ANGLE TO THE RIGHT OF 89 51 MINUTES NORTH FOR A DISTANCE OF 650.40 FEET TO THE POINT OF BEGINNING OF A PARCEl OF HEREINAFTER SAID POINT OF BEGINNING CONTINUE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF FOOT ROAD OR STREET FOR A DISTANCE OF 142.81 THENCE AT RIGHT ANGLES EAST FOR A DISTANCE OF 305.02 THENCE AT RIGHT ANGLES AND SOUTH DISTANCE OF 142.81 THENCE AT RIGHT ANGLES WEST FOR DISTANCE OF FEET BACK TO THE POINT OF BEGINNING. DEER BIG PINE KEY 3 of 22 EXHIBIT "A" PARCEL 5902 LOT 9, BLOCK 11, KOEHN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 83 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. DEER BIG PINE KEYiKOEHN'S MClAiPARCEl5902 4 of 22 EXHIBIT "A" PARCEL 6539 LOT 8, BLOCK 2, OCEAN HEIGHTS, NO NAME KEY, AS RECORDED IN PLAT BOOK 1, PAGE OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. 5 of 22 EXHIBIT "An PARCELS 0873 THROUGH 0875 LOT 22, LESS THE WESTERLY 25 FEET THEREOF; LOT 23, LESS THE WESTERLY 25 FEET THEREOF; LOT 24, LESS THE WESTERLY 25 FEET THEREOF AND ALL THE VACANT ROAD ADJACENT TO LOT 24, DORN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT PAGE 56, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SITUATED ON BIG TORCH KEY, FLORIDA BSM APPROVED By ~Date 01/31/2005 FLORIDA KEYS ECOSYSTEM BIG TORCH KEY/DORN'S SUBDMSION MClAiPARCELS 0873-0875, LOTS 22-24 6 of 22 EXHIBIT "A" PARCELS 0282, 0284 THROUGH 0288, 0293 THROUGH AND 0308 0299 THROUGH 0305, 0307 LOTS 1,3 THROUGH 7, 12 THROUGH 14, 18 THROUGH 26 AND RICHARD PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 147 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. 7 of 22 EXHIBIT "A" PARCELS 0358, 0360, 0380, 0381, 0383 AND 0387 NORTH 1/2 LOT 2 AND LOT 3, BLOCK 2, AND LOTS 2 AND 6, BLOCK 5 AND LOTS 11 AND BLOCK 4, NORTH CAROLINA BEACH FISHING CLUB, AS RECORDED PLAT BOOK 1, PAGE 93 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA 9/28/04 8 of 22 EXHIBIT "A" PARCELS 0464, 0465, 0467, 0468, 0470, 0471, 0478 THROUGH 0518 THROUGH 0528,0534,0536,0538 AND 0539 LOTS 3, 4, 6, 7, 9, 10, 17 AND 18, BLOCK 2, LOTS 1 THROUGH 5, BLOCK 3, LOTS 1 THROUGH 10 AND 15 THROUGH 24, BLOCK 4 AND LOTS 1, 7,9,11 AND 12, BLOCK 5, B.C. MORENO'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 138, OF THE PUBLIC RECORDS OF MONROE FLORIDA. 0504 THROUGH KEY LARGO/B. C. MClAIPARCELS 0464, 0465, 10,17 & 18, BLOCK 2, LOTS 1-5, 7, 9 of 22 EXHIBIT "A" PARCELS 0899 THROUGH 0901, 0922, 0973, 0974, 1065, 1169 THROUGH 1172, 1175 THROUGH 1184, 1214, 1215, 1224, 1239, 1270, 1271, 1291 THROUGH 1293, 1342, 1343, 1369, 1371, 1376, 1379, 1380, 1399 THROUGH 1402, 1428, 1451 THROUGH 1456, 1471 THROUGH 1475, 1528, 1539 THROUGH 1544, 1555, 1556, 1559, 1560, 1564, 1591, 1594, 1595, 1597, 1598, 1601, 1606, 1610 THROUGH 1645, 1647 THROUGH 1657, 1737, 1738, 1747 THROUGH 1752, 1762 THROUGH 1790, 1793 THROUGH 1797, 1810 THROUGH 1813, 1815AND 1816 LOTS 9 THROUGH 11, BLOCK 1, LOT 8, BLOCK 2, LOTS 16 AND 17, BLOCK 4, LOT 12, BLOCK 8, LOTS 20 THROUGH 23, BLOCK 12, LOTS 2 THROUGH 11, BLOCK 13, LOTS 17 AND 18, BLOCK 14, LOTS 3 AND 18, BLOCK 15, LOTS 1, 2 AND 22 THROUGH 24, BLOCK 17, LOTS 1 AND 2, BLOCK 20, LOTS 4, 6,11, 14AND 15, BLOCK21, LOTS 10 THROUGH 13, BLOCK 22, LOTS 1 AND 24, BLOCK 24, LOTS 1 THROUGH 5 AND 20 THROUGH 24, BLOCK 25, LOT 15, BLOCK 28, LOTS 2 THROUGH 7, 18, 19,22 AND 23, BLOCK 29, LOT 3, BLOCK 30, LOTS 6,9, 10, 12, 13, 16 AND 21, BLOCK 31, LOTS 1 THROUGH 24, BLOCK 32, LOTS 1 THROUGH 12 AND 14 THROUGH 24, BLOCK 33, LOTS 1, 2 AND 11 THROUGH 16, BLOCK 37, LOTS 1 THROUGH 24, BLOCK 39, LOTS 1 THROUGH 5 AND 8 THROUGH 12, BLOCK 40 AND LOTS 1 THROUGH 4, 6 AND 7, BLOCK 42, RAINBOW BEACH, BIG TORCH KEY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 164, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. BSM ~~PROVED By ~ate 1/31/05 FLORIDA KEYS ECOSYSTEM BIG TORCH KEY / RAINBOW BEACH MClAiPARCELS 0899-0901, 0922, 0973, 0974,1065,1169-1172,1175-1184,1214,1215,1224,1239,1270, 1271, 1291-1293, 1342, 1343, 1369, 1371, 1376, 1379, 1380, 1399-1402, 1428, 1451-1456, 1471-1475, 1528, 1539-1544, 1555, 1556, 1559, 1560, 1564, 1591, 1594, 1595, 1597, 1598, 1601, 1606, 1610-1645, 1647-1657, 1737, 1738, 1747-1752, 1762-1790, 1793-1797, 1810-1813, 1815 & 1816, LOTS 9-11, BLOCK 1, LOT 8, BLOCK 2, LOTS 16& 17, BLOCK 4, LOT 12, BLOCK 8, LOTS 20-23, BLOCK 12, LOTS 2-11, BLOCK 13, LOTS 17& 18, BLOCK 14, LOTS 3& 18, BLOCK 15, LOTS 1,2&22-24, BLOCK 17, LOTS 1 &2, BLOCK 20, LOTS 4, 6,11,14& 15, BLOCK 21, LOTS 10-13, BLOCK 22, LOTS 1 &24, BLOCK 24, LOTS 1-5& 20-24, BLOCK 25, LOT 15, BLOCK 28, LOTS 2-7,18,19,22 &23, BLOCK 29, LOT 3, BLOCK 30, LOTS 6, 9,10,12,13,16&21, BLOCK 31, LOTS 1-24, BLOCK 32, LOTS 1-12& 14-24, BLOCK 33, LOTS 1,2 & 11-16, BLOCK 37, LOTS 1-24, BLOCK 39, LOTS 1-5& 8-12, BLOCK 40 & LOTS 14, 6 & 7, BLOCK 42 10 of 22 EXHIBIT "Au PARCEL 0813 LOT 6, BLOCK 6, TORCH KEY ESTATES, LITTLE TORCH KEY, MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, AT PAGE 40, OF THE PUBLIC RECORDS OF MONROE FLORIDA. FLORIDA KEYS LlTILE TORCH KEYITORCH KEY ESTATES NlClAiPARCEL0813, LOT6, BLOCK 6 11 of 22 EXHIBIT "A" PARCEL 0547 DESCRIPTION: PARCEL 1 A PARCEL OF LAND BEING THAT PORTION OF LOT 5, SECTION 6, TOWNSHIP 61 SOUTH, RANGE 40 EAST, KEY LARGO, MONROE COUNTY, FLORIDA, AS SHOWN ON THE P.F. JENKINS PLAT MADE FOR THE MODEL LAND COMPANY, AS RECORDED IN PLAT BOOK 1, PAGE 68 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, LYING SOUTHEASTERLY OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5 AND S-905), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO. 1 (SOUTHEASTERLY RIGHT-OF-WAY LINE OF S-905) WITH THE EAST LINE OF SAID LOT 5 AS SHOWN ON THE PLAT OF "OCEAN ISLE ESTATES" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 14 OF THE PUBLIC RECORDS OF MONROE FLORIDA; THENCE SOUTH 00 53' 41" EAST ALONG SAID EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF NEW PROVIDENCE DRIVE AS SHOWN ON SAID PLAT OF "OCEAN ISLE ESTATES" FOR 189.82 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 320.39 THENCE SOUTH 890 01' 19" WEST 165.00 FEET TO AN INTERSECTION WITH A LINE BEING 165.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES AND PARALLEL TO SAID EAST LINE OF LOT 5; THENCE NORTH 00 53' 41" WEST ALONG SAID PARALLEL LINE FOR 300.00 FEET TO AN INTERSECTION WITH SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HiGHWAY NO. 1; THENCE NORTH 3r 14' 49" EAST ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE FOR 128.16 FEET; THENCE SOUTH 4r45' 11" EAST FOR 117.65 FEET TO THE POINT OF BEGINNING. LESS: THE NORTHEASTERLY 9.70 FEET WITH: PARCEL 2 A PARCEL OF LAND BEING THAT CERTAIN PORTION OF LOT 5 AND RANGE 40 KEY MONROE JENKINS PLAT MADE FOR THE MODEL LAND 68 OF THE PUBLIC RECORDS OF MONROE HIGHWAY NO.1 ROAD NO.5 AND BY "METES AND AS FOLLOWS: SECTION 6, TOWNSHIP 61 AS SHOWN THE P.F. AS RECORDED PLAT BOOK 1, PAGE LYING SOUTHEASTERLY OF AND BEING MORE DESCRIBED KEY lARGO 12 of 22 BOOK 5, PAGE 14 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 00 53' 41" EAST ALONG SAID EAST LINE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF NEW PROVIDENCE DRIVE AS SHOWN ON THE SAID PLAT OF "OCEAN ISLE ESTATES" FOR 510.21 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG THE EAST LINE OF SAID LOT 5 AND LOT 12 FOR 180.03 FEET; THENCE SOUTH 890 07' 19" WEST FOR 165.00 FEET TO AN INTERSECTION WITH A LINE BEING 165.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES AND PARALLEL TO SAID EAST LINE OF LOT 12; THENCE NORTH 00 53' 41" WEST ALONG SAID PARALLEL LINE FOR 180.03 FEET; THENCE NORTH 890 07' 19" EAST FOR 165.00 FEET TO THE POINT OF BEGINNING. 1 3 of 22 EXHIBIT "A" PARCELS 0428 THROUGH 0432, 0434 THROUGH 0437 AND 0439 LOTS 1 THROUGH 5, 7 THROUGH 10 AND 12, OF BURLINGTON HEIGHTS, A SUBDIVISION OF THE SOUTH 293.48 FEET OF LOT 18, SECTION 28, TOWNSHIP 61 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2 AT PAGE 148 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA LOTS1-5, 12 14 of 22 EXHIBIT "A" PARCEL 0219 AS DESCRIBED IN THAT CERTAIN SURVEY OF JANUARY 27,1959 ORDER NO. 4592: THE SUBJECT LAND IS DESCRIBED AS FOLLOWS AND IS WHOLLY WITHIN GOVT. LOT 1, SECTION 24, TOWNSHIP 62 SOUTH, RANGE 38 EAST IN KEY LARGO: FROM AN IRON PIPE ON THE MEAN HIGH TIDE LINE OF THE ATLANTIC OCEAN AT THE MOST SOUTHERLY CORNER OF GOVT. LOT 1, RUN NORTH ON THE WEST LINE OF SAID GOVT. LOT 1, A DISTANCE OF 410.02 FEET TO THE POINT OF BEGINNING OF TRACT B: THENCE CONTINUE NORTH ON SAID WEST LINE OF GOVT. LOT 1, A DISTANCE OF 60 FEET, MORE OR LESS; THENCE EAST AT RIGHT ANGLES TO LAST DESCRIBED COURSE A DISTANCE OF 272.88 FEET TO AN IRON PIPE ON THE SAID MEAN HIGH TIDE LINE; THENCE SOUTHWESTERLY MEANDERING SAID MEAN HIGH TIDE LINE A DISTANCE OF 60 FEET MORE OR LESS, TO AN IRON PIPE DIRECTLY EAST OF THE POINT OF BEGINNING; THENCE WEST A DISTANCE OF 226.34 FEET TO THE POINT OF BEGINNING, SUBJECT TO AN EASEMENT OVER THE WEST 25 FEET OF THE ABOVE DESCRIBED PROPERTY. SAID EASEMENT UNTIL MUTUALLY AGREED OTHERWISE SHALL BE LOCATED ALONG, PARALLEL AND CONTIGUOUS TO THE NORTHWESTERLY BOUNDARY LINE OF SAID GOVT. LOT 1. BSM AP.PROVED BY '~ATE1/31/05 FLORIDA KEYS ECOSYSTEM KEY LARGO MCLA/PARCEL 0219 15 of 22 EXHIBIT "Au PARCELS 0759, 0764 AND 0765 LOTS 7, 12 AND 13, BLOCK 4, TORCH KEY ESTATES ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. UTILE TORCH KEYffORCH KEY ESTATES NlClAiPARCELS 0759, 0764 & 0765, LOTS 12 & 16 of 22 EXHIBIT "A" PARCELS #1930, 1931, 1934 THROUGH 1937, 1941, 1942, 1946 THROUGH 1955, 1957 THROUGH 1962, 1970, 1971 AND 1984 THROUGH 1990 LOTS 6, 7, 10 THROUGH 13,17, 18 AND 22 THROUGH 31, BLOCK5AND LOTS 2 THROUGH 7, 16 AND 29 THROUGH 35, BLOCK 6, SILVER SHORES ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, AT PAGE 111, OF THE PUBLIC RECORDS OF MONROE FLORIDA RAMROD KEYlSllVER SHORES MCLA/PARCELS 931, 31, BLOCK 5, lOTS 2-7,15-16 & 29-35, 1946-1955, 1971, 6,7, 17 of 22 EXHIBIT "A" PARCELS 0118 THROUGH 0123 LOTS 5B, 6B, 7B, 8B, 9B AND 10B, PLANTATION SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 78 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA NlCLA/ PARCELS 0118-0123, LOTS 58,68, 78, 1 8 of 22 EXHIBIT "An PARCELS 0097,0098,0099 AND 0100 COMMENCING AT THE MOST WESTERLY CORNER OF LOT 12 OF TROPICAL CORAL REEF ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 8 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE RUN NORTH 39 DEGREES 26 MINUTES EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 AND ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD NO.5 AS SHOWN ON SAID FOR A DISTANCE OF 129.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE CONTINUE NORTH 39 DEGREES 26 MINUTES EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 12 AND ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD NO.5 FOR A DISTANCE OF 129.13 FEET; THENCE RUN SOUTH 50 DEGREES 34 MINUTES EAST FOR A DISTANCE OF 120.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 12, SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF OLD STATE ROAD NO. 4-A AS SHOWN ON SAID PLAT; THENCE RUN SOUTH 39 DEGREES 26 MINUTES WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12 AND ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID OLD STATE ROAD NO. 4-A FOR A DISTANCE OF 129.13 FEET; THENCE RUN NORTH 50 DEGREES 34 MINUTES WEST A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING. AND BEGINNING AT THE MOST WESTERLY CORNER OF LOT 12 OF TROPICAL CORAL REEF ESTATES ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 8 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE RUN NORTH 39 DEGREES 26 MINUTES EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT AND ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD NO.5, AS SHOWN ON SAID FOR A DISTANCE OF 129.13 THENCE RUN SOUTH 50 DEGREES 34 MINUTES EAST FOR A DISTANCE OF 120.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF OLD STATE ROAD NO. THENCE RUN SOUTH 39 DEGREES 26 MINUTES WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT AND ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID OLD STATE ROAD NO. 4-A FOR A DISTANCE OF 129.13 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT THENCE RUN NORTH 50 DEGREES 34 MINUTES WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 12 FOR A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING. BEING SOUTHWESTERLY ONE- THIRD (1/3) OF LOT 12. AND BEGINNING AT THE MOST WESTERLY CORNER OF TROPICAL CORAL REEF ACCORDiNG TO THE PLAT AS RECORDED PLAT BOOK 6, AT PAGE 8, OF THE PUBLIC RECORDS OF MONROE THENCE RUN NORTH 39 DEGREES MINUTES EAST ALONG THE LINE OF SAID LOT ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE 5 HIGHWAY 1) SAID PLAT FOR A DISTANCE OF 566 THENCE SOUTH 50 DEGREES MINUTES EAST FOR A DISTANCE OF 120.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID MClA'PARCELS 0097, 0098. LOT LOT 14 1 9 of 22 SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF OLD STATE ROAD 4-A; THENCE RUN SOUTH 39 DEGREES 26 MINUTES WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14 AND ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID OLD ROAD 4-A FOR A DISTANCE OF 566 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 14; THENCE RUN NORTH 50 DEGREES 34 MINUTES WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 14 FOR A DISTANCE OF 120 FEET TO THE POINT OF BEGINNING. BEING THE SOUTHWESTERLY 566 FEET OF LOT 14. AND COMMENCE AT THE MOST WESTERLY CORNER OF LOT 14 OF TROPICAL CORAL REEF ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6 AT PAGE 8 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE RUN NORTH 39 DEGREES 26 MINUTES EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 14 AND ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD NO.5, AS SHOWN ON SAID FOR A DISTANCE OF 541.25 FEET; THENCE RUN SOUTH 13 DEGREES 19 MINUTES EAST FOR A DISTANCE OF 150.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF SAID LOT 14, SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF OLD STATE ROAD NO. 4-A AS SHOWN ON SAID PLAT; THENCE RUN NORTH 39 DEGREES 26 MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14 AND ALONG THE NORTHWESTERLY RIGHT- OF-WAY LINE OF SAID OLD STATE ROAD NO. 4-A FOR A DISTANCE OF 270.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE RUN DUE NORTH ALONG THE EAST LINE OF SAID LOT 14 FOR A DISTANCE OF 188.92 FEET TO THE NORTHEAST CORNER OF SAID LOT SAID POINT BEING ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD NO.5; THENCE RUN SOUTH 39 DEGREES 26 MINUTES WEST ALONG NORTHWESTERLY LINE OF SAID LOT 14 AND ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID STATE ROAD NO.5 FOR A DISTANCE OF 324.75 FEET TO A POINT WHICH LIES 541.25 AS MEASURED ALONG THE SAID NORTHWESTERLY LINE OF SAID LOT 14, FROM THE MOST WESTERLY CORNER OF SAID LOT 14; THENCE RUN SOUTH 13 DEGREES 19 MINUTES EAST FOR A DISTANCE OF 150.75 FEET TO THE POINT OF BEGINNING, BEING NORTHEASTERLY PORTION OF LOT 14. LOT 14 20 of 22 EXHIBIT "A" PARCEL 0101 ALL THAT PORTION OF THE NORTH 300 FEET OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 63 SOUTH, RANGE 38 EAST, LYING BETWEEN OLD STATE ROAD 4A AND STATE ROAD 5, LYING AND BEING ON PLANTATION KEY, MONROE COUNTY, FLORIDA FLORIDA KEYS ECOSYSTEM PLANTATION KEY MClAiPARCEL 01 01 21 of 22 EXHIBIT "Au PARCEL 0110 THAT PART OF THE NORTH 150 FEET OF GOVERNMENT LOT 6, IN SECTION 5, TOWNSHIP 63 SOUTH, RANGE 38 EAST, LYING BETWEEN U.S. HIGHWAY NO.1 (THE OVERSEAS HIGHWAY) AND OLD STATE ROAD 4-A, ON PLANTATION MONROE COUNTY, FLORIDA. 22 of 22