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Resolution 265-1979 RESOLUTION NO. 265_1979 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, M~D ISLAND CITY FLYING SERVICE, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COI1MISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Lease Agreement by and between the County of Monroe, State of Florida, and Island City Flying Service, Inc., a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 'I :)th day of November, 1979. BOARD OF COUNTY aONllISSIONERS OF MONROE DNTY, FLORIDA ~ By (Seal) Attest: " ~../;,." e".'" ~/,/J.,. _ ," n6't' ,c..-', I clerk -J \ ./ --y--------r:--- '. ,,/ .- ",,/" .' <: /' {--r~ APPROVED 04$ TO FORM AND LEGAL SUFFICIENCY. BY .__ Attorn9'/s Offics APPROVED ONI BOOK"r II-~Q~~ PAGE~~ C,;] -"'- I/O j ) , ( LEASE AGREEMENT THIS LEASE AGREEMENT, Made and entered into this 20th day of November , 1979, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called the Lessor, and ISLAND CITY FLYING SERVICE, INC., a Florida corporation, hereinafter called the Lessee. WHEREAS, the parties have previously entered into Agreements for the leasing of certain land and facilities at the Key West International Airport and the Marathon Airstrip in Monroe County, State of Florida, said Agreements being dated the 12th day of October, 1976, the 5th day of November, 1974, and the 21st day of February, 1978, respectively, and WHEREAS, the parties desire to cancel the existing Agreements and to enter into a new lease, now, therefore, IN CONSIDERATION of the mutual covenants, promises, and premises herein contained, the parties hereto agree as follows: That the Lessor hereby leases that certain property described in Exhibit "A", hereto and made a part hereof, located in Key West, Monroe County, Florida, and Key Vaca, Monroe County, Florida, subject to the following conditions and limitations which the parties mutually agree shall apply: 1. TERH. The period of this lease shall be from November 1, 1979, ~ntil S~ptember 3~, 1984 unless sooner terminated in accordance herewith. 2. RENTAL. The Lessee covenants and agrees to pay the L;ssor in advance for rent of said property during the term of this lease as follows: (a) $16,500.00 for the first 11 months payable as follows: (1) First and last months rent upon execution of this Lease Agreement in the amount of $3,000.00 plus tax and monthly thereafter beginning on December 1, 1979, at $1,500.00 plus tax on the first of each and every month. Page 1 of 14 Pages \\\ . . . (b) Each year thereafter beginning October 1, 1980, the rental shall be increased 6% per year and payment shall be made on a monthly basis plus tax. (c) For any renewals, rentals, as set forth in this Lease Agreement, shall increase at a rate of 6% per year. 3. RULES AND REGULATIONS. The Lessee agrees to strictly execute, comply with and abide by all applicable rules, regulations and directives of the Lessor as presently existing or as may be promulgated, changed or amended from time to time, and it shall be the duty of the Lessee to become and remain informed and familiar with the same as promulgated, changed or amended, which by reference are hereby made a part hereof. Failure or refusal to comply or abide with the provisions of this article shall be cause for termination of this lease. 4. PERSONAL PROPERTY. All personal property placed or moved in or on the premises above described shall be at the risk of the Lessee or owner thereof, and Lessor shall not be liable for any damage or loss to said personal prop- erty for any act of negligence of any co-Lessee or occupant, or of any other person whomsoever. 5. SAFETY, CORRECTION, ETC. The Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations, directives and requirements of the Federal, 'State, County and City Governments and of any and all of their departments and bureaus, applicable to said premis'es for safet'y. and correction,' prevention and abatement of nuisances or other grievances, in, upon or connected with said premises and its operation. 6. DEFAULT. A. The prompt payment of the rent for said premises upon the terms named, and the faithful obser- vance of the rules, regulations and directives which are by reference made a part hereof, and of such other and further rules, regulations and/or directives as may be hereafter made by the Lessor are the conditions upon which the lease is made and accepted, and any failure on the part of the Jage 2 of 14 Pages \.ll.- Lessee to comply with the terms of this lease, or any of said rules and regulations or directives, now in existence, or which may hereafter be prescribed by the Lessor, shall at the option of the Lessor, work a forfeiture of this lease, and all of the rights of the Lessee hereunder, and thereupon the Lessor, its agents or employees shall have the right to enter said premises, and remove all persons and property, if desired, therefrom forcibly or otherwise, and the Lessee hereby expressly waives any and all notice required by law to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and expressly agrees that in the event of a violation of any of the terms of this lease, or of said rules, regulations or directives, now in existence, or which may hereafter be made, said Lessor, its agents or employees may immediately re-enter said premises and dispossess Les~~e without legal notice or the institution of any legal proceedings whatso- ever. B. In addition to the acts of default elsewhere defined, the, commission of any of the following acts by the Lessee shall constitute a default, and this lease may be terminated by the County immediately upon notice in writing to the Lessee: Abandon, desert, vacate or discontinue operations on the prfimises or petition for any bankruptcy or insolvency, or be adjudicated bankrupt, or make a general assignment for the benefit of creditors, or suffer a lien to be filed against the premises, or permit a receiver or trustee to come into possession without removing them, within a reasonable time. 7. COSTS AND ATTORNEY'S FEES. Lessee agrees to pay all costs and expenses and a reasonable attorney's fee in the event legal action is taken by the Lessor because of any violation of the terms of this lease or of any code section, >~ Page 3 of 14 Pages \ \,3 ordinance, regulation or rule applicable to the Lessee's use of the premises including but not limited to those governing the payment of rent. 8. FIXTURES. The said Lessee hereby pledges and assigns to the Lessor the fixtures, and goods and chattels of said Lessee, which shall or may be brought or placed on said premises as security for the payment of the rent herein reserved, and the Lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said Lessor, and does hereby agree to pay all costs and charges therefor incurred by the Lessor. 9. ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same as may be deemed necessary for the safety, comfort or preservation thereof, and to determine 'if Lessee is in compliance with all of the~aforementioned rules, regulations, directives and o.therwise. 10. CONDITION OF PREMISES. A. The Lessee acknowledges and agrees that he has examined the premises, and is fully advised of the condition and location thereof, and the limi- tations and restrictions placed on any building, structure or other object as to height, due to the proximity of the landing and takeoff areas of the Airport. Lessee further agrees to abide by aQd observe all such restrictions and limitations, and agrees that the observance of such limita- tions and restrictions, whether by municipal, county, state or federal governmental authority, shall not in anywise affect the Lessee's obligations under this lease. B. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from .1 Page 4 of 14 Pages \Vf the use thereof under this agreement. Lessee further agrees to make good to said Lessor immediately upon demand any damage caused by any act or neglect of Lessee, or of any person or persons whomsoever, including but not limited to employees, guests, passengers, or persons under the control of the Lessee, and the Lessee shall be liable to the Lessor and shall forever hold harmless the Lessor from any and all such damage or loss occasioned to the premises, or any of its other properties caused by the acts or negligence of the Lessee or any person or persons whomsoever including but not limited to employees, guests, passengers, or persons under the control of the Lessee. There is no warranty of any kind as to the condition of the property nor shall the Lessor be responsible for injuries to persons or property occurring upon the Lessor's property for any reason. 11. LIABILITY. It is expressly agr~ed and understood by and between the parties to this agreement, that the Lessor shall not be liable for any damage, loss or injury which may be sustained by the Lessee or other person or for any other damage, loss or injury resulting from the care- lessness, negligence or improper conduct on the part of any other Lessee or agents, or employees in or on or about the said premises. 12. RELEASE. .The Lessee does hereby forever release and discharge the Lessor, its departments, agencies, agents and authorized personnel from any and all liability that has or may result from or be suffered by the Lessee arising out of or in connection with this lease, and the Lessee's operation hereunder. 13. CLAIMS. The Lessee shall defend, payor settle any and all liability, demands and claims by or in favor of any person including, but not limited to, the Lessee's agents, servants or employees. against the Lessor, its de- partments, agencies, and authorized personnel arising out .~ Page 5 of 14 Pages \ \ oS of, or in connection with this lease or the Lessee's opera- tion hereunder, and to forever hold harmless the Lessor, its departments, agencies, agents and personnel from any such liabilities, demands or claims asserted by any of the afore- described, including cost of suit, attorney's fees and any other expenses in', connection therewith, and to payor settle any claims for the injury, loss or damage to personnel or property of or under the control of the Lessor arising out of this contract or the Lessee's operation hereunder. 14. INSURANCE. A. The Lessee shall carry and pro- vide during the term of this contract, at Lessee's expense, the following insurance coverage: (1) Workmen's Compensation and Employee's Liability Insurance, and any other insurance required by any employee benefit act or otherwise required by law. (2) Property damage, liability, protective and indemnity insurance covering the"'Lessee's opera- tions, and such other operations of the Lessee in and about the Lessor's property, subject to the approval of the Lessor, and such other in- surance coverage as-may be requested by the Lessor. Said insurance shall be with a com- pany with a Best's Insurance Guide, Latest Edition, rating of A:AAA or better, and a cer- tificate of insurance shall be furnished the Lessor in an amount not less than $100,000.00 per person and $300,000.00 per accident for bodily injury liability and $100,000.00 for property damage for anyone accident. B. All insurance policies shall be issued by companies autho~ized.to do business under the laws of the State of Florida and must be acceptable to the Lessor. If the operation of the Lessee includes any hazards excluded by any "standard exclusion" of the policy, such "standard exclusion" shall be eliminated from the policy. Any and all of said insurance to be non-cancellable without a thirty-day written notice of cancellation first being given to the Lessor. The Lessee shall furnish certificates of insurance to the Lessor on all required insurance prior to occupancy of the premises. The public liability and property damage insurance shall name the Lessor as one of the parties insured. .." Page 6 of 14 Pages )1\0 C. Compliance by the Lessee with the foregoing requirements as to the carrying of insurance shall not relieve the Lessee of its liability and obligations under this section or any other portion of this lease. 15. INSOLVENT, ETC. If the Lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the Lessee before the end of said term, the Lessor is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the term of this occupancy in their fiduciary capacity without affecting Lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this contract. 16. HEIRS AND ASSIGNS. This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of the Lessee. 17. TIME OF THE ESSENCE. It is understood and agreed between the parties hereto that time is of the essence of this contract and this also. applies to all terms and condi- tions contained herein. 18. RIGHTS. The rights of the Lessor under this lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forefeit any of the said rights. 19. SIGNS OR ADVERTISING. It is' hereby understood and agreed that no signs or advertising are to be used in connection with the premises leased hereunder without first obtaining written approval of Lessor. 20. ASSIGI~IENT, SUBLET M~D ALTERATIONS. The Lessee shall not assign this lease, either as an absolute transfer .~ rage 7 of 14 Pages H1 .1' of his title or interest therein or thereto or as security for a loan, nor sublet the premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein without the prior written'consent of the Lessor. 21. TAXES. Should any taxes be imposed upon the premises involved in this lease, or upon the owner, Lessor, Lessee, occupant or whomsoever, from ,any source whatsoever, the same shall be the responsibility of the Lessee and the Lessee shall pay same promptly. 22, 11AINTENANCE OF PROPERTY. The Lessee agrees to keep the property clean and free and clear of debris. 23. LIEN. A. The Lessee agrees that the Lessor shall have a lien against any airplane, her appurtenances and contents for unpaid sums due or to become due for the use of the airport facilities or services or damage caused to any property of the Lessor: B. Lessee agrees that he will keep the leased premises and any buildings that may be erected thereon at all times free and clear of any and all liens in anywise arising out of the activities or use thereof by Lessee, pro- vided, however, the Lessee may in good faith contest the validity of any lien~ 24. RESTRICTIONS. The Lessee agrees not to conduct, nor allow to be conducted on the leased premises, any business ventures, enterprises or activities, includin8, but not limited to, the sale of gasoline, oil, airplane parts, or any other goods and/or services, and coven~nts that he will not conduct any other goods and/or services, except that he shall have the right to repair his own private plane, and further, shall not engage in any businesses or activities authorized under any leases made by Monroe County to fixed base operators at said Airport, nor shall he engage in any automobile rental services of any nature whatsoever. Page 8 of 14 Pages 1I~ 25. l'~INTENANCE. The Lessee agrees to maintain the demised premises in a clean condition and to maintain an adequate number of covered metal waste containers at suit- able locations, and shall deposit all trash and waste therein, and shall arrange for the proper disposition off the Airport of such trash, waste or refuse at its cost and expense. Further, Lessee agrees that the areas not paved shall be maintained by it in a neat condition, and that grassed areas shall be mowed regularly and shrubs will be trimmed so as to maintain the premises in a clean and attractive condition. Any areas not grassed or paved shall be stabilized by the Lessee and the leased premises shall be so utilized that use of the premises by aircraft or vehicles will not cause dust, debris or waste to be blown about or raised so as to interfere with or disturb the use or enjoyment of adjacent or adjoining premises. Furthe~, that the Lessee shall keep and maintain the leased premises and any buildings that may be erected thereon in a neat and clean condition. 26. EXCAVATION. The Lessee agrees that no excavation of any of the leased lands shall be made, and that no soil or earth shall be removed from said premises except with the written approval of the Lessor. 27. USE OF PROPERTY. Lessee shall have the right to maintain a fixed bas~ operation and shall have the right to sell aircraft and aircraft engines, parts and accessories; lease aircraft storage space; operate pilot training ser- vice; provide aircraft maintenance and repair service; air- craft rental and charter flying service; and any other aeronautical service normally furnished by a fixed base operator, and Lessee shall have the right to sell aviation gasoline and lubricants and provide such aeronautical ser- vices as are compatible with other activities on the airport. In addition to the foregoing, the Lessee shall be entitled to receive tie-down fees from aircraft parked in ~ Page 9 of 14 Pages \ \ ~ 30. SURRENDER OF POSSESSION. Promptly upon the ter- mination of this lease by lapse of time or otherwise, the Lessee will at once peacefully surrender and deliver posses- sion to the Lessor of all of the lands hereby leased and all of the improvements ~hereon to which the Lessor is entitled hereunder, in good repair in accordance with the covenant herein contained to maintain and repair. 31. NON-EXCLUSIVE USE. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the. meaning of Section 308 of the Federal Aviation Act of 1958 or its successor. 32. SEVERABILITY. In the event any covenant, condi- tion or provision herein contained is held to be invalid of Page 10 of 14 Pages \10 by any court of competent jurisdiction the invalidity of any such ,covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either Lessor or Lessee in its respective rights and obligations contained in the valid covena~ts, conditions or provisions of this lease. 33. It is understood and agreed between the NOTICE. parties hereto that any written notice required under the terms of this lease to be given to the Lessor would be given by Certified Mail - Return Receipt Requested and addressed to: Director of Airports, Monroe County Key West International Airport S. Roosevelt Boulevard Key West, Florida'33040 and, any written notice required under the terms of this .... lease to be given to the Lessee would be given by Certified Mail - Return Receipt Requested and addressed: Island City Flying Service, Inc. Key West International Airport Key West, Florida 33040 34. SPECIAL CLAUSES. A. SCHEDULE OF RATES. The Lessee phall present a schedule of rates and charges to the Lessor for approval and such rates and charges shall prevail only after approval . by the Lessor. Said approved schedule of rates and charges shall be posted in a prominent place in the public space provided by the Lessee. Said schedule shall be subject to periodic review and renewal of, or denial of approval thereof by the Lessor. B. DESTRUCTION OF PREMISES. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this lease, whereby the same shall be rendered untenantable, then the Lessor shall 4 Page 11 of 14 Pages , 2- \ have the right to render said premises tenantable by repairs within ninety '(90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optionable with either party hereto to cancel this lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. C. SERVICES. The Lessee agrees that in further- ance of the privileges and uses permited hereunder and described in section 27 of this lease: (1) To furnish good, prompt and efficient service adequate to meet all the demands for its service at the Airport. (2) To furnish said service on a fair, equal and nondiscriminatory basis to all users thereof, and (3) To charge fair, reasonable and nondiscrimin- atory prices for each unit of sale or service; PROVIDED that the Lessee ma~ be allowed to make reasonable and nondiscriminatory dis- counts, rebates or other similar types of price reductions to volume purchasers. (The word "service" as used in subsections (1), (2) and (3) of Subdivision 34. C., shall include furnishing of labor, parts~ materials and sup- plies, including the sale thereof, as well as furnishing service.) D. RENEWAL. The Lessor does hereby grant an additional term of five (5) years, under terms and conditions to be mutually agreed upon by and between the Lessor and . Lessee, provided the Lessee gives to the Lessor written notice six (6) months prior to the termination of the original term of five (5) years if said Lessee wishes to exercise his option. E. RENEWAL - IMPROVEMENTS. That in the event the Lessee presents to the Lessor adequate plans and speci- fications for the construction of hangars and other improve- ments which require the amortization of the cost of same beyond the renewal term of this lease, the Lessor at its option may provide additional terms not to exceed ten (10) .~ Page 12 of 14 Pages \2.2... years from the termination date of the renewal period pro- vided in this lease. F. RELOCATION OF AIRPORTS. That in the event the Lessor relocates its airport facilities at another air- port, the Lessor hereby agrees that if adequate facilities are provided to said Lessor or funds may be furnished to the Lessor through certain appropriate granting agencies of the state or federal government at its new airport site, the Lessor agrees to provide such facilities furnished to it or cause the construction of facilities through any such grants for the benefit and use of the Lessee. Furthermore, if the Lessee agrees to locate to the relocated Airport, they will renegotiate and a new lease written. G. LIMITATIONS. (1) This lease and all provisions thereof shall be subject and subordinate to all the terms and conditions of the instruments under whIch Lessor received said property from its former owners, and Lessor's agree- ments with the United States 6f America, and shall be given only such effect as will not conflict or be inconsistent with such terms and conditions. (2) This lease shall be subordinate to the provisions of any existing or future agreement between the Lessor and the United States of America, relative to the operation and mainteftance of the Airport. H. PARKING. Lessee agrees that the premises demised herein will be so utilized as to provide vehicle parking areas for all of Lessee's purposes and business in- vitees of Lessee. No vehicle parking shall be permitted by Lessee, or business invitees, on roads, rights-of-way, or properties adjacent to the leased premises, unless such adjacent properties are leased to Lessee. I. REPAIRS. The Lessee agrees that any repair parts for aircraft or components not being worked on shall be stored in such a manner as to be safe in the event of ." Page 13 of 14 Pages \1.3 windstonn or other act of nature, and shall be screened from public view by a structure of plantings of an esthetically pleasant nature. DATED at Plantation Key , Honroe County, Florida, the day and year first above written. OF FLORIDA By Chai an 0 the Board of County Commissioners of Monroe County, Florida. (Seal) Lessor Attest: j ! //~'. )l~c? , " . // ",/- '. ,.., · ~ /:-1 Y e(;, <2../ <' ~ ,/' -- ~ "----. erk . ' '- '.,. ISLAND CITY FLYING SERVICE, INC. ~7' h l' y /' --- I .--1- -, '/ -- ~~4,~ President By (Corporate Seal) Lessee Attest: dL~~ -r 6~~ Secretary . ~~ C'~ loJi tnes s ~ 0. d i1 "'^" , itness lA..Jc,k,~ 'ft Page 14 of 14 Pages \L~ EXHIBIT "A" A tract of land at Key West International Airport on the Island of Key West, Florida, and being more particularly described by metes and bounds as follows: > CO~1ENCING at the intersection of the Southwest corner of East Martello Tower as shown in Plat Book 1, Page 31 and Plat Book 4, Page 69 of the Public Records of Monroe County, Florida, and the Northerly right-of-way line of South Roosevelt Boulevard, bear North 82 degrees, 37 minutes and 20 seconds West, along the Northerly right-of-way line of Roosevelt Boulevard, 300.27 feet; thence bear North 03 degrees, 43 minutes and 18 seconds West, 435.94 feet to the POINT OF BEGINNING of the tract of land hereinafter de- scribed; from said POINT OF BEGINNING, bear North 71 de- grees, 19 minutes and 28 seconds West, 284.70 feet; thence bear North 03 degrees, 43 minutes and 18 seconds West, 109.96 feet; thence bear South 88 degrees, 53 minutes and 48 seconds Wast, 431.08 feet; thence bear South 52 degrees, 26 minutes and 18 seconds East, 32.99 feet; thence bear South 19 degrees, 21 minutes and 12 seconds West, 221.16 feet; thence bear North 71 degrees, 19 minutes and 27 seconds West, 112.90 feet, back to the POINT OF BEGINNING, con- taining 1.68 acres. ALSO A tract of land in a part of Government LOL 4, Section 1, T. 66S., R. 32E., on Key Vaca, Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the S.W. corner of the Marathon Airport Boundary bear North 67 degrees 51 minutes East along the southerly airport boundary for a distance of 4258.76 feet to the POINT OF BEGINNING of the tract of land hereinafter described; from said POINT OF BEGINNING bear North 22 degrees 9 minutes West 100 feet; thence South 67 degrees 51 minutes West 150 feet; thence North 22 degrees 9 minutes West, 165 feet; thence South 67 degrees 51 minutes West 1,635 feet; thence North 22 degrees 9 minutes West 50 feet; thence North 67 degrees 51 minutes East 1,885 feet; thence South 22 degrees 9 minutes East 315 feet; thence South 67 degrees 51 minutes West 100 feet back Uo the POINT OF BEGINNING, containing 145,000 square feet. LESS an existing building located on the above described premises known as the passenger terminal facility and that area between the passenger terminal facility building and the airport runway, the parking area adjacent to the pas- senger terminal facility building and that area between the said passenger terminal facility building and U. S. Highway No.1, all being on the above described premises. ALSO A tract of land in a part of Government Lot 2, Section 6, T. 66 S., R. 33 E., on Key Vaca, Monroe County, Florida, and being more particularly described by metes and bounds as follows: .... \25 Exhibit "A" - Continued Commencing at the intersection of the West Line of Section 6 and the northerly right-of-way line of Old State Highway No. 4A bear North 67 degrees 51 minutes East along the northerly right-of-way line of Old State Highway No. 4A for a distance of 881.09 feet to the POINT OF BEGINNING of the tract of land hereinafter described; from said POINT OF BEGINNING bear North 22 degrees 9 minutes West 315 feet; thence North 67 degrees 51 minutes East 1700 feet; thence North 22 de- grees 9 minutes West, 435 feet; thence North 67 degreed 51 minutes East 50 feet; thence South 22 degrees 9 minutes East 475 feet; thence South 67 degrees 51 minutes West 1500 feet; thence South 22 degrees 9 minutes East 175 feet; thence South 67 degrees 51 minutes West 150 feet; thence South 22 degrees 9 minutes East 100 feet; thence South 67 degrees 51 minutes West 100 feet back to the POINT OF BEGINNING, con- taining 3.08 acres. 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