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HomeMy WebLinkAboutexhibit-submerged lands leaseThis Instrument Prepared By: kitgeela Recurting Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INFERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE No. 130225246 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WI7NESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City_of_MlemialgridA, hereinafter referred to as the Lessee, the sovereign lands described as follows: A parcel of sovereign submerged land in Section .0�, Township 54 South Range llama, in Seybold Canal and Miatgi River, Miami -Dads County, comaining 2,877 square feet, more or less, as is more particularly described and shown on Attachment A, dated August 19, 2002. TO HAVE THE USE OF the hercinabove described premises for a period of J. years from April 29, 2034, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows: I. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate two (2) public marginal docking ililio exclusively to be used for the mooring of recreational vessels in conjunction with an upland public park, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the Department of Environmental Protection or local authority, whichever amity applies the more stringent criteria, and without liveaboards as defused in paragraph 24, as shown and conditioned in Attachment A,and the Department of Environmental Protection, Consolidated Environmental Resource Permit No, 13-0195882421, dated October 7. 2002, incorporated herein and made a part of this lease by reference. The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is for a period greater than 5 years. The allure to complete the construction of all authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial terns or first 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining conditions of this Lease. 2. AGREEMENT TO EXTENT OF USE: • This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the Department of Environmental Protection, Consolidated Environmental Resource permit, The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wetslipa, from rental of wetslips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/ofoading commercial to rental of wetslips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. [29] 3. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 4. INTEREST IN RIP ' AN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this Iease and all its terms and conditions and shall, complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 5. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 6. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS; The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 7. VENUE; Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 8. OTICES/COMpLIANCE/TER I TION; The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, it successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein, or flails or refuses to comply with the provisions and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above -described parcel ofland shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Miami Attn: Lori Bilberry 444 SW Second Avenue, Third Floor Miami, Florida 33130 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 9. TAXES AND ASSESSMENTS; The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter Iawfbily assessed and levied against the subject property during the effective period of this lease. 10. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page, ofj,2 Pages Sovereignty Submerged Lands Lease No. I30225246 11. MAINTENANCE OF FACILITY/RIGHT TO INSPECT; The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 12. NON-DISCRIMINATION; The Lessee shalt not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the tern of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 13. ENFORCEMENT OF PROVISIONS. No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. PERMISSION GRANTED,; Upon expiration or cancellation of this Iease all permission granted hereunder shall cease and terminate. 15. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor doesnot grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove ail structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment _11_, which shall run with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 16. REMOVAL OF STRUCTLTRES/ADMINISTRATIVE FINES. If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines, 17. REMOVAL COSTS/LlE 4 ON RIPARIAN UPLAND PROPERTY; Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary proceedings as provided by Law. 18. RECORDATION OF LEASE; The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded, Page of j2,Pages Sovereignty Submerged Lands Lease No. 130225246 19. RIPARIAN RIGHTS/FINAL ADJUDICATION; In the event that any part of any stnicturo authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 20. AMENDMENTS/MODIFICATIONS; This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this Iease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with. the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifls within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 21. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIESBylINOR STRUCTURAL REPAIRS; No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activitiesare to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 22. ACOE AUTHORIZATION; Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 23. COMPLIANCE WIT}[E OQIDA`LAW►,S: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 24. ),JVEABOARDS: The term "liveaboard" is defined as a vessel docked at the fiteility and inhabited by a person or persons for any five(5) consecutive days or a total of ten(10) days within a thirty(30) day period. If liveaboarda ere authorized by paragraph one(1) of this lease, in no event shall such "liveaboard" status exceed six(6) months within any twelve(l 2) month period, nor shall any such vessel constitute a legal or printery residence. Page ._ of _a_ Pages Sovereignty Submerged Lands Lease No, 13022524¢ 25. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 26, ,SpE 1AL LEASE CONDITION' Should a field survey acceptable to Lessor be required or obtained after the effective date of this lease, the annual lease fees due hereunder shall be adjusted to reflect the increase or decrease in the total preempted area shown by the survey. Any such adjustment shall be effective•from the date of the acceptable survey and shell be prospective only. No reimbursement or credit shall be given to Lessee by Lessor for overages, and no charge shall be imposed by Lessor for shortages unless the error resulted from inaccuntte information supplied by the Lessee. Page .j of Pages Sovereignty Submerged Lands Lease No. 130225246 WITNESSES: Original Signature Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY: Ralph M. Perkins, Operations and Management Consultant Manager, Bureau of Public Land Administration, 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 "LESSOR" The foregoing instrument was acknowledged before me this day of , 20 , by Mph M. Perkins. Operations and Management Consultant Manager. lipreilli of Public_IAA Administration. Division_ of State Lands, acimilmcntsfElkoxisoligheicgdo—aLagolifskthcilwRialmstmottitintetnaljumpaysmonlwalltind of the State of Florida. He is personally known to me, APPROVED AS TO FORM AND LEGALITY: DEP Attorney WITNESSES: Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Senai No. City of MjytmiJJorida (SEAL) BY: Original Signature Original Signature of Executing Authority Joe Arriola Typed/Printed Name of Witness Typed/Printed Name of Executing Authority City Manager Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200, by laeAdola as City Manager, for and on behalf of the City of Miami. Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State of r'nmmineinn/C«:nf ArnA7-�.- I I I h.,,• . F,4orw +3 . p1 'e `ro\ f `, ? r, LOCATION MAP NO 7o SCALE PROJECT LOCATION SURVEY DATA OBTAINED FROM A.R. 1DUSSAINT & ASSOCIATES, INC. SURVEY FOR THE TRUST FOR PUDUC LAND. TITLE "THE POINT" DATED 7/9/1999, DRAWING NO. 12224 SHEET 1 OF 1, REVISION 2 DATED 8/27/00. E STATE PLANE COORDINATE SYSTEM, EAST ZONATES AND BEARINGS E, ATE OTO F FLORIDA, NORTH AMERICAN DATUM, 1927, REVISED 1980 ELEVATIONS ARE IN FEET AND DECIMALS THEREOF, AND REFERENCE TO THE NATIONAL GEODETIC VERTICAL DATUM, MEAN HIGH WATER ELEVATION 1.71 FEET, NGVD 1929, BASED ON RANGE RA710 STUDY COMPUTED ON TIDE STATION 872- 3185. MIAMI, BISCAYNE BAY, TIDAL EPOCH. 1980-1978. HIGH AND LOW TIDE READINGS OBTAINED ON JUNE 28, 29. (7) 30, 1999. TIDAL BENCH MARKS ESTABLISHED AS FOLLOWS: TIDAL BENCH MARK-1 CORPS OF ENG. SURVEY MON 'M1R-10" BRASS CAP MONUMENT. SET IN SIDEWALK ELEV. 6.80 FEET. NGVD. 1929 RLS 907 NAIL de DISK ON TIMBER PILE ELEV. 3.00 FEET, NGVD, 1929 2" SQUARE CUT ON CONC. SIDEWAU( 0 NORTH PROPERTY LINE ELEV. 6.88 FEET, NGVD. 1929 2" SQUARE CUT ON CONC. DAVIT BASE ELEV. 3.68 FEET, NGVD, 1929 THE MEAN HIGH WATER SURVEY DEPICTED HERON COMPUES WITH CHAPTER 177, PART 11, FLORIDA STATUTES AND I5 RECORDED IN THE PUBLIC REPOSITORY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEY AND MAPPING AS MEAN HIGH WATER FILE 2078 CHANNEL CENTERLINE AND CHANNEL UM1T UNES OBTAINED FROM U.S. ARMY. CORPS OF ENGINEERS, JACKSONVILLE DISTRICT. DRAWINO D.O. FILE NO. 20A-35.9B1, SHEET 11 OF 11. DATED MAY, 1991. caseo'bourke DATt+ 8-11 mu. 201-02a 4 NORTH FIGURE:1 VICINITY MAP SPRING GARDEN POINT PARK ENHANCEMENT CITY OF MIAMI } :LEAS; AREA DESC)TPTION ., A parcel of submerged land looted in Section 2, Township 34 South, Range 41 Sant, Miami -Dade County, Miami Elva , c tabling 2.117 rquare feet, as described on the attached 'batch labeled as Exhibit A and doted Miami immediately waterward of that upland property with the following Isga1 descriptlo LOT 111, LESS THE NORTH 2.0 PEET, THE BAST 140.0 FEET OF BLOCK 12, SPRING GARDEN, ACCORDING TO THE PLAT THEREOF AS RECORDED 11V PLAT HOOKS AT PAGE 32 OF THE PUBLIC RECORDS OP DADE COUNTY, FLORIDA, TOGETHER WITH ALL RIPARIAN AND LITTORAL RIOHTS•APPUATENANT THERETO. I l I p, ' ' t BUTTERFLY GARDEN N-528,239.75 E-760,598.98 PUNTING AREA —526,086.59 E-760, 529.69 1.1 IN APPLICATION PILINGS TO BE SURVEYED AND REMOVED AIIAMI RIVER CHANNEL UAIIT-•! GRAPHIC SCALE - r w r r r p rut I 1NY11 -41 n caseo'bourke NORTH 71 RIP RA 3: 1 SLOPE 2,805 SO. PT. ' •00 8E SPRING GAIDEN POINT PA worm NGVA 1929 'I' N--526, 47.34 £-760, • 70.35 G' J t 0 N-525. 49.89 E-76 ,785.48 FIGURE: 2 PLAN 'VIEW NHANCEMENT CITY OF MIAMI Attachment A Page 9 of 12 Pages SSLL No. 130225246 i m I I 1 1 08/11/2002 WED 08:00 FAX T. 18886N39T4 • Thi.. Instrument Prepared Bys Harvey A, Abrane, Regional Counsel The Trust for Public Land 306 North Monroe Street Tallahassee, Placida 32301 Return tot !Miami -Dads County Attnt Laursen h. Varga 111 NW 1" Street, Suite 2460 Miami, Florida 33128 Property Appraiser's Parcel Idestifieatigp Number,. 01-313S-027-133D f1 co Kt w L:« I•isc.4 U t ' •`" �'• Lf-p L.L.. o y L cm -1 j WARRRNTY NEED (STATUTO .R tY _. PORH - summit669.02, Y.8 . ) Tufa INDENTURE, made this /�/"_day of r A.D. 1999, between WUM TRUST IC LAND. PURLAND. a California nonprofit carporati n, whose post office address is 306 North Konica Street, Tallahassee, Florida 32301, of the County of Leon, in the State of Florida, Grantor, and the =Pr Or MIAMI. a municipal corporation of the'Stats of Florida, whose poet office address is 444 S.W. 2" Avenue, Miami, Florida 33128, Grantee, (xhaz.r used bar in t. teams "6rantor" and ■orantao" inelede all the pasties to this instalment and their bolas, legal set,rosentat:ivws, suoaaasore amd assigns. •Grantor• and wornness. axe mood dos singular and plural, ea the context requires and the use of any gander shall Laclede all ganders.) MITNESSETEt That the ■aid Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Granter in hand paid by said Grantee, the receipt whereof Ls hereby acknowledged, has granted, bargained and sold to the said Grantee, "nd Grantes'a aucceneoro and assigns forever, the following described land nitwits, lying and being in Miami -Dade County, 71orida, to -wit, See Exhibit "A" attached hereto and by this reference made a part hsriol. By acceptance of thin warranty deed, Grantee herein -hereby agree■ that the use of thin property described herein shall be subject to the covenants and restrictions as set forth in the Grant Award Agreement attached hereto as Exhibit B. %gee covenants an4 restrictions shall run with the property herein described. If any of the covenants ani restrictions of the Grant Award Agreement are violated by the Grantee or by some thirt party with the permission of the Grantee, fee ■imps■ title to the property dinnertime( herein ■hall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with the Grant � Award its Agreement ithuccessore o ul further notice to Grantee, its sueceasor■ and assigns, assigns shall forfeit all right, title and interest in and to the property describe herein. **THIS DOC[AMTI I5 BEING RE -RECORDED TO SHOW TFI CORRECT CHAIN OF• TITLEk* Ii0002 AEA, ,18791 /2Z804 efit 9 ?R610168 im DEC n? This conveyance is subject to easements, reservations, covenants, restriotion■ an other matters of public record, and those matters shown on Exhibit "C". The foregoing as approved by Resolution Noe. R-344-98, dated March 31, 1998, R-1313-98 dated Dsceober 1, 1998, R-448-99, dated April 27, 1999, and R-673-99, dated May 25 1999, by the Board of County Commissioners of Miami -Dade County, Florida. Mass I mmmi r ss Trxsmm irmat Doclmommi(T sear emoup Somme ? To aA1T 201.02111) MGM s'e>IMS ' ' I k I. I I 09/11/z002 RED 08:01 FAX err. 18791 P&2805 iILC. Woos R C: I8886PC39n The Board of City Commissioners approved the foregoing by Aeeolution No. R-99-41f, dated June 22, 1999. AND the said Grantor dove hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. I11 WITNESS ENEMY the Grantor has hereunto get Grantor's hand and seal, the day and year first above written. Signed, sealed and delivered in the presence of: SI NA E OF FIRST WITNESS) 1-/A9,v A . A Mips (PRINTED, TYPI3D OR STAMPED AME OF FIRST_WJ ESS) (S GNATJRE OF SECOND W�ESS) �1- " - G. Rack (PRINTED, TYPED OR STAMPED NAME OF SECOND WITNESS) STATE OF FLORIDA) COUNTY OF LEON) Name: W. Dale • en Title: Vice P dent •.; I f} ; . ` Date: ? , 7� 9 7 e fir (Corporate Seal) • c, r•- .r�r .. .+ The foregoing instrument was acknowledged before me this I ,day of President of The Trust far Public Land, a California nonpmfit corporation, on behalf of the check applicable box): PC) is personally known to me. (] pruducrd a t u vout driver license. [ ] produced as identification. (NOTARY PUBLIC SEAL) 1 A *bra art mammal Milless own TOMOIMMUVICSMISMISIMUCRWASILUnTMED0440 1999, by W, Dale Allen, Via on. Such person (Notary Public mut Notary Public av (Printed, Typed or Stamped Name of Notary Public) Coaunisaion Na: My Commission Ens 00/11/Z002 RED 08:01 FAX I0 004 re .I 8r91 ?C28O6 txmluT "c" g: 18886 391fi PERMITTED EXCKPVIONS i. Rad:Want condition, rarervatlane, eaerunartte and other mutton eontairmi4 In the Plat' of Spring Gardena as recorded in Plat Book 5, Page 3B, Public Racords ofl Is u1•D de County, Florida, Basement recorded in Dead Book 3945 Page 115, Public Record' afhtiami•Dada County. Florida. .4 Any advents ovnierahip described on t A."ltotthiie m by�, tiding bmeergfFlorida by ed, gilled mod artificiallyed of soversiamv to neupooiied lids anhe d Ioerly ta accreted to such lands.