Assignment & Assumption of Lease
DANNY.l. KOLHAGE
CLERK 4'JF THE CIRCUIT COURT
DA TE:
July 27, 2010
TO:
Suzanne A. Hutton
County Attorney
A TTN:
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc4Jt;.
At the July 21, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Assignment and Assumption of Lease No. 3783 to
Islamorada, 'Tillage of Islands for the area known as Anne's Beach.
Enclosed are six duplicate originals of the assignment, executed on behalf of Monroe
County, for your handling. Please be sure to return the fully executed Clerk's original and
Finance's copy as soon as possible. Should you have any questions, please feel free to contact
this office.
cc: Financ:e
Filel
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
ASSIGNMENT AND ASSUMPTION
OF
Lease Nu~er 3783
MONROE COUNTY, FLORIDA("ASSIGNOR"), for value received, subject to
written consent of the Board of Trustees of the Internal Improvement
Trust F1und of The State of Florida ("Board"), does hereby assign,
transfe~' and convey 100% of its right, title and interest vested under
Lease N\;~er 3783 dated October 18, 1989(the "Lease"), attached hereto
as Exhit>it "A", by and between the Board, as lessor and ASSIGNOR, as
lessee, to the ISLAMORADA, VILLAGE OF ISLANDS ("ASSIGNEE"), for and
during the remainder of the term of the Lease and all renewals
thereof, subject to the full payment of fees and the performance of
all covE~nants, condi tions, and provisions required to be performed by
the less:ee under the terms of the Lease and subject to the conditions
and prov'isions therein set forth.
//"
Title: Mayor/Chairperson 7/21/2010
(Official
Danny L. Kolhage, CLERK
rk of the Bo
Commissioners
County, Florida
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STATE OF FLORIDA
COUNTY O:~ MONROE
"ASSIGNOR"
The! instrument was acknowledged before me this Z7~
day of( , 2010, by Sylvia Murphy as Mayor on behalf of
the Boa~ 0 County Commissioners of Monroe County, Florida. She is
C) peDsona~y,known to me er fta~ ~Lv~yced a~ ~d~n~~El~~~ioR.
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Page 1 olf 15
Assignme!nt of Lease No. 3783
Revised 11/07
PAMElA G. HANCOCK
MY COMMISSION' DO 739412
EXPfReS~ February 712012
SOMIId 'I1mI Nttwy P1JbliQ Urldtrwritm
ACI~EPTANCE OF ASSIGNME~ AND ASSUMPTION OF LEASE NUMBER 3783
ISLAMOR}~DA, VILLAGE OF ISLANDS (IIASSIGNEEII), in consideration of the
foregoing Assignment, subject to written consent of the Board, does
hereby aLccept assignment of the Lease and assumes and agrees for the
benefit of the Board to make all payments and perform all covenants,
agreements, conditions and provisions of the Lease. Further, ASSIGNEE
agrees t.hat its successors and assigns shall be bound for the due
performa.nce herein in the same manner as was the ASSIGNOR, as the
original lessee named in the Lease, for and during the remainder of
the ter~m of the Lease and all renewals thereof.
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ISLAMORADA,)VILLAGE OF ISLANDS
By:
Kenn th Fields, Village
Manager
"ASSIGNEE"
STATE OF FLORIDA
COUNTY OF MONROE
ThEl foregoing instrument was acknowledged before me this ;2. 8"
day of t7\fr'-f , 2010, by Kenneth Feilds as Village Manager,
on behalf of the Islamorada,Village of Islands. He is ~ersonall~
known to me or has produced as identification.
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Notary Pub ~ic, State 0 Florida
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Commission Nwnber: COlD t6 07t 0
Commission Expires: <6'1;2." (::lOll
Page 2 01: 15
Assignment of Lease No. 3783
Revised 11/07
CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE
Lease Number 3783
BOARD OF' TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA, the lessor of the property described in the Lease
consents/to the foregoing Assignment and Assumption of Lease
this ~ day of h~ ' 2010.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
~ Name~
By: .k.'ilot ul 0:, ~
GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISION
STATE LANDS, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
"Board"
STATE OF FLORIDA
COUNTY OF LEON
The fOreg~nstrument was acknowledged before me this 2,1(J
day of ~~. . ' 2010, by Gloria C. Barber, Operations
and Manageme Co sultant Manager, Bureau of Publ~c Land
Administration, Division of State Lands, State of Florida Department
of Environmental Protection, acting as agent on behalf of the Board of
Trustees of the Internal Improvement Trust Fund of he State of
Florida. She is personally kna to me.
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Page 3 o:E 15
Assignmellt of Lease No. 3783
Revised 1:1/07
Exhibit "A"
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BOARD OF TRUSTEES or Tal INT.RIAL IKPROVEMBNT 'HUSt-POND
OP ~HK S~ATE OF 'LORIDA
LEASE AGRBIHBNT
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THIS LEASE AGREEMENT., made and entered into .this: .~ 4aj. .-.~:
of _OJl1rJnflA . 1989:.... . by and between the BOARD Of' TIlosr~' .
OF THE INTERNAL IMPROVIHBNT TROST FUB>> OF THB STAIB OF FLORIDA
hereinafter referr~d to as "LESSOR, II and HOIfROB CODIIft.: BOARD OF
COUNTy'COHKISSIORERS, hereinafter r~ferred to as ..LBSSD....
LESSOR, for and in consideration of mutual eove~t~ and.
agreemen~s hereinafter containedr does hereby lease t~: s.id
LESSEE the lands described in paragraph 2 below, together with
the improvements thereoD, and Subject to the fOllowing terms ~d
conditions:
1 . DELEGA-.rIOHS OF.: AUTHORITY: LBSSOR I S reBponB~bili ti..
and Obligations herein shall be exercised by the Division' of
Sta.te LaDds~ Department of Hatur~l Resources 'Pur8ua~t to Cbapt...
18-2, Florida Administrative Code and applicable delega~iOD., of
authority.
2. DBSCRIP'rIOJl OF PRKHISBS: The. property Subject to'th1.
lease, .is situated' in the County of Honr~e, State of Florida .a~d
mor~ particularly described in Exhibit A attached hereto. a~d~.
hereinafter referred to as the "leased preaises".
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fifty. (~O) year.s commencing on
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3. TERM: The .tera of this lease shall be for a perio'd- of '
and ending on
, with no option for renewal, according to the
terms and conditions specified in this lease unless otherwise :
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terminated pursuant to the provi~ions of this lease.
4. PURPOSE: LBSSEE agrees that the purpose of.tJii's 1'88.8':,'
shall be for a park along with 'other allowable uses v~icb are.
designated in the Manageaent Plan to be d~veloped and
. approved for' the leased premises as.provided by paragraph (8) of .-'
Page 1 of 12
Lease No. 3783
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Page 4 01: 15
Assignmerlt of Lease No. 3783
Revised J.J~/07
Exhibit "A"
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this lease.
5~ OUIET ENJOYMENT AND RIGHT OF USE: LESS_B shall
have the rig'ht of ingress and egress to, from and upon the leas,ed
premises for all purposes necessary to the full quiet enjoyaent
by said LESSEE o,f the rights conveyed herein.
6. OHAOTHORIZEn USE: LESSEE shall, through its agents and
employees prevent the unauthorized use of tbe leased premises or
any use thereof not in conformity with this lease.
7. ASSIGNMENT: This lease shall not be assigned in whole
or in part, with.out the prior written approval of LESSOR. Any
assiqnment granted either in whole or in part witbout the prior
wr1tten approval of LESSOR shall be void and without" legal
effect..
8. MARAGEMEIft PLAIl: A Management Plan for the leased
premises shall be prepared by LESSEE, in accordance with Section
253..034, Florida Statutes, and Section 18-2.005, Florida
Administrative Code, and Chapter 18-4, Plorid,a Administrative
Code, w'ithin 12 months of the execution date of this lease and
shall be subm1tted to LESSOR for approval through the Division of
State Lands. The leased premises shall not be developed or
phYSically altered in any way other than what. is necessary for
security and maintenance of the~eased premises until the
Management Plan is approved, without the prior written approval
of LESSOR. LESSEE shall provide LESSOR with an opportunity to
part1c~pate in all phases of preparing the developaent and
Management Plan for the leased premises. The Hanagement Plan
shall be submitted to LESSOR in draft form for review and
comments within ten months of the execution date of this lease.
LESSEE shall give LESSOR reasonable notice of the application for
and receipt of any state, federal or local permits 8S. well as any.
pUblic hearings or aeetings reiating to the development or use of
the leased premises. LESSEE shall not proceed with development
of said leased premises including, but not li.ited to, funding,
permit application, design or building contracts, until the
Management Plan required herein has been submitted and approved.
Page 2 of 12
Lease No. 3783.
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Page 5 of 15
Assignmen1: of Lease No. 3783
Revised 11/07
Exhibit "A"
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Any financial commitments made by.LESSBB which are not in
compliance with the terms of this lease sball be 'done at LESSBR'S
own risk. The Management Plan shall emphasize the original
management concept as approved by LESSOR at the tiae of
acquisition which established the primary purpose. for whicb the
leased premises were acquired. T'he approved KanagMlent Plan
shall provide the basic guidance for all management activities
and. shall be reviewed jointly by LESSEE and LESSOR at
least every five (5) years. LESSEE shall not use or alter
the leased premises except as provided for in the approved
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Management Plan without the prior written approval of LESSOR.
The Management Plan prepared under this. lease shall identify
manag~ment strategies for exotic species, if present. The
introduction of exotic species ~~ prohibited, except when
specifically authorized by the approved Management Plan.
9. EASEMENTS: All easements including, but not It.ited
to, utility easements. are expressly prohibited without the prior
written approval of LESSOR. Any easement Dot formally
app.roved in writing' by LESSOR shall be void and without legal
effect.
10. SUBLEASES: This agreelllso.t is for the purposes
specified herein and subleases of any nature are prohibited,
without the prior writt.en approval of LESSOR. Any sublease
not formally approved in writing by LESSOR shall be void and
without legal effect.
11 · .RIGHT OF INSPECTION: LESSOR or its dUly authorized
agents, representatives or employees shall have the right at any
and all times to inspect th~ leased premises a~d the works and
operations. of LESSEE in any matter pertaining to this lease,
fOllowing coordination with LESSEE herein.
12. PLACEMENT All>> REMOVAL OF IMPROVEMENTS: All buildings,
structures, improvements, and signs shall be constructed in
accordance with plans prepared by professional designers and
shall required the prior writ1:en approval of LESSOR as to
purpose, location and design. Furtber, no trees, other than
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Page 6 of 15
Assignment: of Lease No. 3783
Revised 11/07
Exhibit "A"
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non-native species or major iand alterations done without the
prior written approval of LESSOR. Removable equipment and
removable improvements placed on the leased premises by LESSEE
and which do not become part of the realty will remain the
property of LESSEE an.d may be removed by LESSEE upon termination
of the lease, provided all sums due LESSOR as lease fees for the
leased premises are paid; otherwise, such equipment and
~Ilprovements shall be and remain sUbject to lien for tb.e sums due
LESSOR.
13. INSURANCE REOUIREMENTS: During the term of this lease
LESSEE shall procure and maintain policies of fire extended risk,
and liabili ty in.sur'ance coverage. The extended risk and fire
insurance covera.ge shall be in an amount equal to the full
insurable replaceme'nt value of any improvements or fixtures
located on the leased premises. The liability insurance coverage
shall be in amounts not less than $100,000.00 per occurrence and
$200,000.00 per accident for personal injury, death, and property
damage on the leased premises. Stlea p&lieia8 6i.uStlrAU'-.. l!>hallk
aamG ~E030R, th~ Otat8 ~f Plerida and bEGSEE aa GO iaaux6d4.
LESSEE shall submit written evidence of having procured all
insurance policies required herein prior to the effective date of
this lease and shall submit annually thereafter, written evidence
of maintaining insurance such policies to the Bureau of Uplands
Management, Di.vision of State Lands, Department of Batural
Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399. LESSBE shall purchase all policies of insurance from a
financially-responsible insurer duly authorized to do business in
the State of Florida.
Any 8ertifieate af self iBB~aRee shall he
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ise~~d er ap,F87ea BY tae Iastifaaee Gemmasaieaer, Sta~e of
Plol:ida. The certificate of insurance shall provide for casualty
and liability coverage. LESSEE shall immediately notify LESSOR
and the insurance agent of any erection or removal of any
bUilding or other improvement on tbe leased pr8lllises and any
changes affecting the value of any improvements and shall request
the insurance agent to make adequate changes in the coverage to
Page 4 of 12
Lease.. No. 3183.
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Page 7 of 15
Assignmen,t of Lease No. 3783
Revised J.1,/07
Exhibit "A"
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reflect the changes in value: LESSEE shall be financially
responsible for any loss due tojailure to obtain adequate
insurance coverage, and failure to main.tain sucb policies in the
amounts set forth shall constitute a breach of this lease.
14. INDEMNITY:: LESSEE herehy covenants and agrees to
investigat.e all claims of every nature at its own expense, and to
indemnify I p.rotect, defend. hold and save harmless the State of
Florida and LESSOR from any and all claims, actions, lawsuits
and demands of any kind or nature arising out of this lease to
the e~tent provided by l~w.
15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE agrees to
assume all responsibility for liabiiities that accrue to the
leased premises ,or to tbe improvements thereon, including any and
all ad valorem taxes and drainage and specia~ assessments or
taxes of every kind and all mechanicts or materialman's liens
which may be hereafter lawfully assessed and levied against the
leased premises during the effective period of this lease.
16. PERMANENT IMPROVEMENTS: All permanent improvements
located on the leased premises shall, at the termination of this
lease, become the property of LESSOR.
17. NO WAIVER OF BREACQ: The failure of LESSOR to insist
in anyone or more instances upon strict performance of anyone
or more of the covenants I terms a.nd conditions of this lease
sha.ll not be construed as a waiver of such covenants, teras or
conditions, but the same shall continue in full force and effect,
and no waiver of LESSOR of any of the provisions hereof shall in
any event be deemed. to have been made unless the waiver is set
forth in writing, signed by LESSOR.
18. TIME: Time is expressly declared to be the of' essence
of this lease.
19. NON DISCRIMINATION: As a condition of obtaining this
lease, LESSEE hereby agrees not to discriminate against any
individual because of that indivi.dualls race, color, religion,
sex, national origin, age, han.dicap, or marital status with
respect to any activity occurring within the leased pre.ises or
Page 5 of 12
Lease No. 3783
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Page 8 ojE 15
AssigruneIlt of Lease No. 3783
Revised 1:L/07
Exhibit "A"
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upon lands adjacent to and used as an adjunct of the leased
premises.
20. OTILITY F'RES: LESSEE shall pay all charges for the
furnishing of gas, electricity, water and other public utilities
to the leased premises.
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21. MINERAL RIGHTS: This lease does not cover petroleum or
petroleum products or .inerals and does not give the right to
LESSEE to drill for or develop the same. and LESSOR specifically
reserves t.he right to lease the leased premises for purpos~s of
exploring and recovering oi1 and minera1s by whatever means
appropriate; provided, however, that LESSEB named herein
shall be fully compensated for any and all' damages that might
result to the leasehold interest of said LESSEE by reason of -such
exploration and recovery operations.
22. RIGHT OF AUDIT: LESSEE shall make available to LBSSOR
all f1nancial records relating to this lease, and LESSOR shall
have the right to either audit such records at any reasonable
time or require the submittal of an annual independent audit by a
Certified Public Accountant during the term of this lease. rhis
right shall be continuous until this lease expires or is
terminated and exercised without unreasonably" interfering with
t.he opera tion of LESSEE. S facilities. T'his lease may be
terml.nated by LBSSOR should LESSEE fail to allow public access to'
all documents, papers, letters or otber materials made or
rece1ved in conjunction with this lease, pursuant to the
provisions of Chapter 119, Florida Statutes.
23. CONDITION OF PREMISES: LESSOR assumes no li'ability or
obligation to LESSEE with reference to the conditions of the
leased premises. The leased premises herein are leased by LESSOR
to LESSEE in an "as is" condition,. with LESSOR assuaing no
responsi.bili.ty for the care, repair, maintenance or i.prov_ent
of the leased premises for the benefit of LESSEB.
24. COMPLIANCE WITH LAW'S: LESSEE agrees that this lease is
contingent upon and subject to LESSEB obtaining all applicable
permits and complYing with all applicable permits, regulations,
Page 6 of 12
Lease- No. 3783
Page 9 of: 15
AssignmeI1~t of Lease No. 3783
Revised 11./07
Exhibit "A"
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ordinances, rules, and laws of th~ State of Florida, the United
States or of any political subdivision or agency thereof.
25. NOTICE: All notic:es 9i ven under this lease s.hall be in
writing a.no shall be served by certified mail including, but not
limited to, notice of any vi.olation served pursuant to 253.0'.
Florida Statutes, to the last address of the party to whom notice
is. to be given, as designated by such party in writing. LESSOR
and LESSEE hereby designate their address as follows:
LESSOR: Department of Natural Resources
Division of State Lands
Bureau of Uplands Management
3900 Commonwea1th Boulevard
Tallahassee, Florida 32399
LESSEE: Monroe County Board of County
Commissioners
Key West, Florida
26. BREACH OF COVENANTS. TERMS. OR CONDI'fIOHS: Should
LESSEE breach an.y of the covenants, terms, or conditions of tbis
lease, LESSOR shall give written noti.ce to LISSIE to remedy such
breach within 60 days of such notice. In the event LESSEE fails
to remedy the breach of to the satisfaction of LESSOR within the
time period specified, LESSOR may terminate all of LESSEE'S
rights hereunder and recover form LESSEE all damages LESSOR may
incur by reason of the breach of this lease. -
27'. DAMAGE: LESSEE agrees that it will not do, or suffer
to be done, in, on or upon the leased premises or as affecting
said leased premises, any act which may result in da.age or
depreciation of value to the leased premises, or any part
thereof. LESSEE agrees that LESSOR may take any remedy av'ailable
to LESSOR as a result of such failure by LESSEE.
28. SURRENDER OF PREM.ISRS: Upon termina tioD or expiration
of this lease, .LESSBE shall surrender the premises to LESSOR. In
the event no further use of the leased premises or any part
tbereof is needed, LESSEE shall give written notification to
LESSOR and the Bureau of State Lands Management, Division of
State Lands, Department of Natural Resources, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399 at least six (6) months
prior to the release of any or all of the lease,d premises.
Page 1 of 12
Lease No.. 3183
Page 10 Ctf 15
AssignmeIlt of Lease No. 3783
Revised 11/07
Exhibit "A"
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Notification shall include a "legai description, this lease
number, and an explanation of the release. The release shall
only be valid if approved by LESSOR through the execution of a
release instrument with the same formality as this lease. Upon
termination or expiration of this lease, all improvements shall
automatically become the property of LESSOR, unless LBSSOR, at
its option, should require immediate removal at LR'SSEEts expense
of any or all such improvements upon written notice to LESSU.
Any improvements to remain on the leased premises upon
termination or expiration of this lease shall be at LESSOR'S sole
discretion" LESSEE shall meet the following conditions upon
termination or expiration of this lease:
(a) The structures or fixed improvements OD the leased
premises shall meet all bUilding and safety codes in the location
situated;
(bl LESSEE shall properly dispose of paYing any
utility fees, inClUding having all the utilities tl.lrned offi
(cl LESSEE shall not commit waste; fair wear and
tear is acceptable; and
(d) Prior to formal release a representative of the
Division of State Lands shall perform an on-site inspection and
the keys to any bUilding on the leased premises shall be turned
over to the Division~
If the leased premises do not meet all conditions
agreed upon, LESSEE shall reimburse LESSOR for any expenses
incurred in meeting the prescribed conditions. Any structures or
fixed improvements remaining on the leased premises shall inure
to the benefit of the State of Florida.
29. BEST MAN~GEHRNT PRACTIC~S: LESSEE agrees to implement
applicable Best Management Practices for all activities conducted
under this lease in cOIIlpliance with paragraph 18-2.00'Hl)(d),
Florida Administrative Code. which have been selected. developed,
or approved by LESSOR or other land managing agencies which will
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J;>rotect and enhance the leased. premises.
l?age 8 of 12
]~ease No. 3783
Page 11 ojE 15
Assignment of Lease. No. 3783
Revised 11/07
Exhibit "A"
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30. PROHIBITIONS AGAIHS~ LIENS OR OTHER EHCUHB~~ES:
LESSEE hereby covenants and agrees that fee titl.e.to the leased
premises is owned by LESSOR and that LESSEE shall not do or
perm1t anytbing to be don~ which purports to create a lien or
encumbrance of any nature against the real property contained in
the leased premises includ1ng, but not limited to, mortgages or
construction liens against the leased premises or against any
lnterest of LESSEE therein.
31. PARTIAL INVALIDITY: If any term, covenant, condition
or provisl.on of this lease shall be ruled by a court of competent
jurisdiction, to be invalid, void, or une,nforceab1e, the
remainder shallr~3iu in full force and effect and shall in no
way be affecte'd, impaired or invalidated.
32. ARCHAEOLOGICAL AND HISTOR.IC SI'l'RS: Execution of this
lease in no way affects any of the parties' Obligations pursuant
to Chapter 267, Florida Statutes. The collection of artifacts or
the disturbance of archaeological and historic sites on
state-owned lands is prohibited unless prior authorization has
been obtained from the Division of Historical Resources of the
Department of State. The Management Plan prepared pursuant to
18-2.005, Florida AdministratJ.ve Code, shall be reviewed by the
Division of Historical Resources to insure that adequate measures
have been planned to locate, identify, protect and preserve the
archaeological and bistoric sites and pro,perties on the leased
prem~ses.
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33. DUPLICATE OR,IGINALS: -This lease is executed in .
duplicate originals each of which for all purposes shall be
considered an original.
34. ENTIRE UNDERS'l'ANDlt!G: This lease sets forth the entire
understanding between the parties. It shall not be changed or
terminated orally. The provisions of this lease are not
severable. This lease shall not be amended without the prior
written approval of LESSOR. Any amendment not formally approved
~n wrIting by ~ESSOR and executed with the same formality as this
lease shall be void and without legal effect.
Page 9 of 12
Lease No.. 3183
Page 12 of 15
Assignment of Lease No. 3783
Revised 11/07
Exhibit "A"
35. MAIHTENAHCB OF IMPROVEMENTS: LESSEE hereby covenants
and agrees to maintain. the real property contained within the
leased premises and any structures or fixed improvellents locate.d
thereon, in a state of good condition and re:pair including but
not limited to I keeping the leased premise:s free of trash or
litter, maintaining any and all existing roads, canals, ditches,
culverts, risers and the like in as good conditions as the same
may be at the date of this lease.
36. ASSENT TO LPSE AGREBMHNT 1'BRMS AND CONDITIONS: LBSSD
jOins in this lease for the purpose of indicating its assent. to
all terms and conditions hereof and agrees to be bound hereby.
37. GOVERNING LAW: This lease shall be governed by and
inter~reted according to the laws of the State of Florida.
IN WITNESS WH~RBOF, the parties have caused this lease to be
executed on the day and y'ear first above written.
INTERNAL
THE
1f~~4 J'~~r
W1tn s a
~ .~~
W1tness
ItLBSSORII
STATE OF FLORIDA
COUNTY OF LEON
The foregOB9 instrument wa'b."acknow1edged bafo~e. m~--.tlii'& .
~ day of 'Jt)hOA . , 19.1!::L by Percy W. Hi!,il1;.oo~ _~r. ~~_
as Director, Divtsion of State Lands, Department of. Natural. ..'" -
Resources. ~ . .. ~:__
~ 0.aJl Q J)C Q . (lJy~. .:: ~(SW.) ':
NOTARY PUBLIC .1Iet.j~'Sfde cdRarilt
M, 'CalliBliss;n ~
My Commission Expires: ",-_.,..,.)- hr.."::"".:. 592.
y
Page 10 of 12
Lease No. 3783
Page 13 01: 15
Assigrunent of Lease No. 3783
Revised 11/07
Exhibit "A"
~{
. BOARD OF COUNTY COMMISSIONERS OF
(SEAL) .'.. MONROE CO?;Tl.1 ~LORIDA
A~test:~L.~LtlAG!;~BY: ~~~~ (SBAJ.)
4~ttt-~~1A;'(!
Cle k .'
Its: Chairman
I1LESSEEII
STATE OF FLORIDA
COUNTY OF
The fOreg~g instrUDlent was acknowledged befo~ this
~d~Y :f~ {S~:s_
J'1!s ~ ~ ~ NqTARY PUBLIC - =- - ; ( _~,
~~~ Ky Commission Expires: -
Witness rl~turf Pll~r" StO't11:)f flaida
;:~j (omrn~;;on t)!~k~~ ~tlg. ::2.. 1 i 92
IIG~e-d. ThtU TJ'c~ FQin -Jftwrc,,:~ 1I\c.
~-
BY _ }< 1
AlAvney., 0&.
Page 11 of 12
Lease No. 3183
J ~_
~:~
. -.... ..,r4:J~..~
Page 14 o:f 15
Assignment of Lease No. 3783
Revised 11/07
Exhibit "A"
Exhibit A
r
"!~*
All of the followine described lands lying above the ae..'higb
"a~er line:
The southeast.erly 50 feet. of t.he St.at.e Road NUllber 5'(US-l}
right-ot-way, .. shown on Florida Stat.e Depart..ent of
Transport.at.ionRilht.-of_Way Ifap for Section 90050, lying ill the
NW 1/4 of Sectioll 29 and e~t.ending 1:0 the HI 114 of Section 30,
Township 64 Sou1:h, RaDle 36 Bast., in Lower Yat.ecu.he Key, Ifonroe
County, Florida, and being aore particularly describe a. follows:
COIfMDCB at the ROSt. .e.terly corner of Tract itA" of "Lower
Matecuabe Beach", according to the plat. thereof as recorded in
Plat. Book 3, at Page 34. of the Public Recorda of NODrOe Count.y,
Florida. said point bei... 50.00 feet. Sout.heasterly of stat.ion
724+00 of the Baseline of said Rlgbt-of-Way Hap; thence run
S33-28'01"B. along the ~t southwesterly line of said Tract "A",
for a dist.ance of 100.00 feet t.o the lil'ters.ctiOJl with a line 150
feet southeasterlT aDel para1.1.1 wi1:h 'the Bas.line of said RiSht.-
Of-Way Nap and thePOIIfl OF BEGIDIRG; tllence continue
S33*Z6'Ol"B, along 'the aos1: south"es1:erly line of saId Trac't "A"
aJ1d its ext.eD81oD, tor a dla'taace 0'1 50.00 'tee't t.o 'the
ln1:ersection wi1:h the southeaS1:erlr right-ot-way line of S.R. 5
as shown in said Rigb't-of-Way Hap; thence rUD S5S.35'59"W,-along
said right-of-waT line, for a dis'tance of Z.~47.61 fee1: 'to the
Wes1: line of the NW 1/4 of said Section 29. as ShOWD in said
Righ't-of-Way Yap; thence continue S56*35'59"W, along 'said
southeas1;erly righ't-of-vay lIne hOW in the NE 1/4 of said Sect.ion
30. for a distance of 152.33 fee1: aore or less to the shore line;
'bhence run on a aeBD bearinl of S76.00'05"W aeandering 810ng said
shor. line for a diatance of 158.11 acre or less to the ,
int.ersect.ion with a line 50.00 feet. northwesterlT BDd parulel
with 'the southeasterly right-of way line of S. R. 5 as shown in
said Righ't-of-Way Hap; thence run N 56.33'59"B. frOJll said shore
line along the last. described parallel line for a distance of
335.11 feet 180re or less to the East' 1.ine of 'the HE 1/4 of said
Section 30; t.hence continue K56-33'59"E. back in the NW 1/4 of
said Section 29, along said line 50.00 feet northw.s'terly and
parallel with the Sout.heasterly right-of-waT l~e, for a distance
o~ 2,714.89 f'eet 'to t.he POINT OF BBGIMNING.
Also those land lYing con'tlguous to BDd southeasterly of the
above described IBDds lYing above the aean high water line.
LESS AND EXCEPT: Those lands conveyed by Trustees deed nu-ber
. 21721 (05-44) which bound 'the Northeast end of above described
prc)pert)" and described in said deed as tollows:
A parcel of submerged land in the straits of Florida in Section
29, Township 64 South, Range 36 East., adjOining t.he southwesterly
end of Lower Hatecumbe Key, Honroe Coun'ty, Florida, aore
par'ticu1ar~y described as. fo11ows:
Fro. t.he .ost. westerly corner of Tract A, according to plat of
Lower Hatecuabe Beach recorded in Plat. Book 3 at Page 34, Public
Records of Honroe CoUDt.y, Florida, run South 32*53' East. along
the SOuthwesterly side of Tract A, a distance of 135 feet aore or
less t.o the aean high t.ide line on the shore of the Straits of
Florida and 'the point. of bel inning of t.he parcel hereinafter
describedi thence continue South 32-53' Bast., a distance of 410
teet; thence South 72.53' East, a dist.ance of 250 feet; 'thence
Korth 51.01' East, a distance of 480 feet .ore or less to 'the
westerly edge of an existins channel, as sbown on said 'plat of
Lower Ifatecuabe Beach; thence northerly and northeasterly
.eandering said edge of eXisting chaDDel, a distance of 240 feet
mOre or less to t.he aean high tide line at the .ost southerly
corner of Lot 24, Block 2, aCcording to said plat of Lower
Hatecuabe Beach; thence westerly aeandering said aean high t.ide
line, a distance of 950 feet more or less t.o the point of
beginning.
. '036rmOOl.leg
-'
.. - --~. ~~f;~.~:0
Page 15 of 15
Assignment of Lease No. 3783
Revised 11/07