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FIFTEEN YEARS LEASE j' .. l .. ~t 1, \ , LEA S E THIS LEASE, made and entered into as of the 1--rfl 1/ day of N(J vflflldft, 1985, by and between the CHI CHI RODRIGUEZ YOUTH FOUNDATION, a Florida non-profit corporation, (the "Lessor") and PGA TOUR ASSOCIATES-I, LTD., a Florida limited partnership, (the "Lessee"). WITNESSETH: WHEREAS, Lessor is a char i table foundation organi zed and operating for the purposes of providing educational and rehabilitative programs for abused, disadvantaged, poor and troubled youths; and WHEREAS, Lessor has entered into a lease of even date herewith (the "Prime Lease"), as lessee, with the City of Clearwater (the "City"), as lessor, pursuant to which Lessor has leased from the Ci ty certain real property (the "Property") described as Exhibit "A" attached hereto, owned by the City and located in Pinellas County, Florida; and WHEREAS, Lessor, in furtherance of its purposes, intends to operate an environmental/vocational educational and rehabilitative center on the Property which will include construction of school buildings, a scenic nature trail and a public golf course (the "Golf Course") on portions of the Property; and WHEREAS, Lessor is desirous that a first class driving range be constructed on certain other portions of the Property; and WHEREAS, Lessee is willing to construct a driving range and cc ( , './ /-:', ./ /. ')1 c, ,r ',>. --I "-' , .~ 3 I J ./ ! \ ,1 ' I , related facilities more particularly described in paragraph 5 below (the "Family Golf Center") in consideration of Lessor subleasing to Lessee a portion of the Property suitable for Lessee's intended use thereof; and WHEREAS, Lessor is willing to sublease to Lessee a portion of the Property in consideration of Lessee constructing the Family Golf Center, paying to Lessor the rents provided in paragraphs 3 and 4 below and of Lessee's other covenants hereunder; and WHEREAS, the City has consented to the Lessor entering into this Lease with the Lessee; NOW, THEREFORE, in consideration of the premises and the mutual covenants and understandings contained herein, Lessor and Lessee do hereby agree as follows: 1. DEMISED PREMISES. Lessor hereby demises to Lessee and Lessee leases from Lessor that certain portion of the Property lying East of McMullen-Booth Road and South of the Service Road accessing the City's wastewater treatment plant to McMullen-Booth Road (the "Demised Premises"). 2. TERM AND RENEWAL OPTION. The term of this Lease shall be for fifteen (15) years (the "Initial Term") commencing on the date hereof. At the end of each calendar year during the first ten (10) calendar years during the term hereof, commencing December 31, 1985, the Initial Term shall be automatically extended for one year upon the same terms and condi tions set forth herein, unless Lessor shall have previously notified Lessee in writing of Lessor's election not to permit such automatic 2 , ,'I \ I extension, provided that in no event shall the term of this Lease, including any extensions, exceed twenty-five (25) years. 3. BASE RENT. Subject to the last paragraph in this Section 3, Lessee agrees to pay to Lessor Annual Base Rent for the Demised Premises for each "Lease Year" (herein defined as a twelve (12) month period during the term of this Lease commencing on the Commencement Date and on each anniversary date thereafter) hereunder as set forth in the following Schedule. In the event the term of this Lease expires prior to the end of a Lease Year, Annual Base Rent for such Lease Year shall be prorated. Lease Year Annual Base Rent 1 2 3 4-15 $52,000.00 54,000.00 56,000.00 60,000.00 Annual Base Rent shall be paid in equal monthly installments commencing on the last day of the first month following the Commencement Date. Applicable State of Florida sales tax shall be added to each monthly installment and shall be paid by Lessee. In the event any installment of rent hereunder is not paid by Lessee within seven (7) days after the same is due, a late charge of five percent (5%) of said payment, together with interest on said payment at the legal rate, shall be assessed against Lessee. For the purpose of this Section 3, an installment of rent shall be deemed to have been paid by Lessee at the time it 1S postmarked and placed in the U.S. Mail for regular delivery to 3 ! i-1 ( 1 l Lessor at the address set forth in Section 15 hereof. The "Commencement Date" shall mean (1) that date on which Lessee opens for business to the general public; or (2) 120 days after Lessee obtains all necessary permi ts and licenses required for Lessee to commence construction of the Family Golf Center; or (3) eight (8) months from the effective date hereof, whichever occurs first. Anything in this Section 3 to the contrary notwithstanding, Annual Base Rent shall be reduced to $56,000.00 commencing on the first day of the sixth Lease Year unless Lessor has constructed and opened the Golf Course for business on the Property pursuant to the provisions of the Prime Lease on or before said date. In the event that Lessor constructs and opens the Golf Course for business after the first day of the sixth Lease Year, the Annual Base Rent shall be increased to $60,000.00 commencing on the first day of the Lease Year next following the opening of the Golf Course, and for each Lease Year thereafter, provided that the Annual Base Rent shall not, in any event, exceed the amounts provided in the Schedule above. Subject to the provisions of the preceding paragraph, Annual Base Rent for any Lease Year hereunder subsequent to the Initial Term shall be $60,000.00. In the event the Demised Premises are damaged by result of fire or other casualty, the rent payable by Lessee hereunder shall be equitably reduced based on the resulting effect of such casualty on Lessee's gross revenues, provided that Lessee shall promptly take such action as is necessary to restore the Demised 4 1 , : \ ., l Premises to their condition immediately prior to such casualty. 4. ADDITIONAL RENT. As additional rent, Lessee shall pay to Lessor the sum of $8,000.00 payable in two (2) equal installments of $4,000.00 on or before each of the last days of fourth and fifth Lease Years. Commencing on the first day of the second Lease Year after Lessor has opened the Golf Course for public use or the first day of the sixth Lease Year, whichever last occurs, the Annual Base Rent shall be adjusted in the manner set forth below. The Parties shall determine the adjusted Annual Base Rent by obtaining, from appropriate publications, the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index ALL URBAN CONSUMERS - U.S. CITY AVERAGE - ALL ITEMS (the "CPI") published for the first month in the Lease Year immediately preceding the Lease Year for which the ini tial CPI adjustment is applicable (the "Initial CPI"), and the CPI published for the first month of the Lease Year for which the CPI adjustment is applicable (the "Succeeding CPI"), and then calculating an amount equal to the product obtained by multiplying (a) the quotient obtained by dividing the Succeeding CPI by the Initial CPI, by (b) $60,000; provided, however, that in no case shall such amount exceed an amount equal to 105% of the adjusted Annual Base Rent for the immediately preceding Lease Year. One-twelfth of the amount determined pursuant to the above formula shall be payable on each rental payment date during the applicable Lease Year. If for any reason a Succeeding CPI is not published, the annual rental shall be adjusted in accordance with 5 .I ' I , the above formula utilizing a price index similar to the CPI and mutually acceptable to Lessor and Lessee. 5. USE OF DEMISED PREMISES. Lessor and Lessee understand that Lessee shall use the Demised Premises for a PGA TOUR Family Golf Center which shall consist of a lighted driving range, miniature golf facility, clubhouse (which will include a limited i tern food and non-alcoholic beverage service, golf merchandise pro shop and other amusement acti vi ties), maintenance bui lding and other related facilities. A generic sketch of a Family Golf Center is attached hereto as Exhibit "B" (although the Family Golf Center to be constructed on the Demised Premises will vary in certain respects from such sketch, the basic components of such Family Golf Center will be substantially as set forth on such sketch). The Family Golf Center shall be open to the public at hours similar to those established at other lighted driving ranges open to the public in Pinellas County. In such regard, Lessee contemplates that the Family Golf Center will be open between ten (10) and fourteen (14) hours per day. Lessor shall be permitted to use the Family Golf Center, at no expense or cost to Lessor, in conjunction with its educational and rehabilitative programs provided Lessor's right of use shall be exercised reasonably and shall be implemented in a manner mutually agreeable to Lessor and Lessee. 6. IMPROVEMENTS BY LESSEE. Lessee covenants and agrees first-class a cl ubhouse that it will construct on the Demised Premises a lighted driving range and miniature golf facility, 6 1 I , . \ and parking facility (the "Improvements") in accordance with a final site plan approved by the appropriate permitting boards of the City. Lessor understands the clubhouse to be constructed by Lessee on the Demised Premises will be of the type utilized by Lessee generally in its Family Golf Center program (i. e., pre- fabricated metal or block construction consisting of approximately 4,000 sq. ft.). Subsequent to the complet ion of the Improvements, Lessee shall not make any exter ior physical changes to or construct additional permanent facilities on the Demised Premises resulting in the expenditure of more than $5,000.00, without the prior written approval of Lessor, which approval shall not be unreasonably withheld. The Improvements and all other improvements constructed by Lessee on the Demised Premises which shall be deemed under applicable law to be a part of the Property shall become the property of Lessor upon the termination of this Lease. All other property of Lessee maintained on the Demised Premises shall remain the property of Lessee. Following conclusion of the Lease Term hereunder, Lessee shall be given a reasonable opportuni ty (not to exceed sixty (60) days) to remove from the Demised Premises such other property as may be removed wi thout causing permanent damage to the Demised Premises. Any damage caused to the Demised Premises by Lessee dur ing such removal of Lessee's property shall be remedied by Lessee at its sole cost. 7. MAINTENANCE OF DEMISED PREMISES BY LESSEE. Lessee agrees to maintain the Demised Premises and improvements constructed thereon by Lessee in good repair and condition, 7 , , ; , ,t.. ( ordinary wear and tear and damage by fire or other casual ty excepted. 8. GOVERNMENTAL APPROVALS. The parties agree to cooperate with each other in obtaining all local, state and federal approvals that are necessary in order to construct and operate the Family Golf Center on the Demised Premises. All costs and expenses of obtaining such governmental approval (including, without limitation, out-of-pocket costs and expenses incurred by Lessee) for the Family Golf Center shall be the responsibility of Lessee. Lessor warrants and represents that Lessee will be able to construct and operate the Family golf Center under the existing zoning classification for the Demised Premises. In the event it is necessary for the Demised Premises to be rezoned to permi t the intended use thereof by Lessee, Lessee may elect to apply for such rezoning (which election shall be wi thin Lessee's sole discretion), or Lessee shall have the right to terminate this Lease pursuant to the provisions of Section 21 hereof. 9. INSURANCE. Lessee shall, prior to the commencement of any activity for which a City permit is required, and at its own expense, purchase and thereafter maintain through the term of this Lease the insurance coverage set forth below: (1) Property Insurance Real Property (including improvements or additions) (a) Form All Risk Coverage. Coverage shall be no more restrictive than that afforded by the latest edi tion of Insurance 8 I I ! ,\ others. (a) Amount of insurance full insurable value on a replacement cost basis. (b) Lessor and the Ci ty shall be named as additional insureds. (3) Comprehensive General Liability. Coverage shall be afforded on a form no more restrictive than the latest edi tion of the Comprehensive General Liabi 1 i ty Policy filed by the Insurance Service Office and shall include: (a) Minimum primary limits of $1,000,000.00 (with umbrella coverage extending from $1,000,000.00 to $5,000,000.00) per occurrence combined single limits for bodily injury liability, and property damage liability. (b) Premises and operations coverage. (c) Independent contractors coverage. (d) Products and completed operations coverage. (e) Personal injury coverage with employees and contractual exclusions removed. (f) Liquor law liability, if applicable. (g) Lessor and the Ci ty shall be named as additional insureds. (4) Business Auto Policy. (if applicable). Coverage shall be afforded on a form no more restrictive than 10 1 , . c the latest edition of the Business Auto Policy filed by the Insurance Services Office and shall include: (a) Minimum primary limits of $1,000,000.00 (with umbrella coverage extending from $1,000,000.00 to $5,000,000.00) per occurrence combined single limits for bodily injury liability and property damage liability. (b) Coverage on all vehicles (owned, hired, and non-owned.) (c) Lessor and the City shall be named as an additional insureds. (5) Worker's Compensation. Coverage shall apply for all employees in an amount at least equal to the statutory limi ts of coverage according to applicable State and Federal laws. In addition, the policy shall include employers' liability coverage with a limit of $500,000.00 per occurrence. If the self-insured status of Lessee is approved by the State of Florida, Lessor agrees to recognize and accept same upon proof of such approval. Copies of all current insurance policies covering insurance required by this agreement and showing Lessor and the City as additional insureds shall be furnished to Lessor prior to the commencement of any activity for which a City permit is required. Each insurance policy 11 .' I 12. UTILITIES AND TAXES. I The Lessee shall pay for all 12 I I . . utilities necessary, of whatever kind and nature, for the conduct of the Lessee's business on the Demised Premises, as well as all taxes (including real estate taxes) and license fees which may be levied upon the Demised Premises or upon Lessee's business operations, during the term of this Lease, by any municipal, county, state or Federal governmental authority. All such taxes and fees shall be paid by Lessee directly to the assessing governmental authority. 13. INSPECTION. Lessee shall permit the Lessor, its agents, or assigns, to enter into the Demised Premises at all reasonable times for the purposes of inspecting the same or for the purpose of posting notices which may be required by law. 14. COVENANTS AS TO BREACH AND REMEDIES: Any of the following shall constitute a breach (a "Breach") of this Lease by Lessee: (a) Lessee's default in the performance of any of its covenants or agreements contained herein which shall continue for thirty (3D) days after written notice thereof by Lessor to Lessee, or (b) the appointment of a receIver to take possessIon of all, or substantially all, of Lessee's property, or (c) a general assignment by Lessee for the benefit of its creditors, or (d) any filing of a petition by Lessee under any insolvency or bankruptcy act, or (e) any filing of a petition against Lessee by any other person under any insolvency or bankruptcy act which remains l3 I I . .' unstayed or undismissed for 60 days. Subject to the provisions of Section 18 below, in the event of a Breach or in the event of Lessee's abandonment of the Demised Premises or renunciation of the Lease before the expiration of the term, Lessor may: (i) Treat the Lease as terminated and resume possession of the Demised Premises, having immediate right of re-entry, and, after reasonable notice to Lessee offering Lessee the opportunity to take such actions, may remove all persons and property from the Demised Premises and may store such property at public warehouses or elsewhere at the cost of and for the account of the Lessee, or (ii) Retake possession of the Demised Premises for the account of Lessee and relet the Demised Premises, or any part thereof, for such term and at such rental and upon such other terms and conditions as to Lessor may be commercially reasonable and advisable, in which event the rents received by the Lessor from reletting shall be applied first to the payment of such expenses as Lessor may incur in re-entering and then to the payment of the rent due under this Lease, the balance, if any, shall be paid over to Lessee, who shall then remain liable for any deficiency, or (iii) Stand by and do nothing and Lessor shall have the right to sue Lessee as each installment of rent matures, or for the whole when it becomes due. representation In the event contained in Lessor breaches any covenant this Lease, Lessee shall have or the 14 I I " option to terminate this Lease upon ten (10) days written notice to Lessor, and Lessee shall be enti tIed to pursue any and all additional legal and equitable remedies available to the Lessee by reason of such breach. 15. NOTICES. All notices to be given to the Lessee or Lessor shall be given in writing, and sent by United States certified mail, return receipt requested and addressed to Lessee at 112 TPC Boulevard, Ponte Vedra, Flor ida 32082, and at 110 East Madison Street, Tampa, Florida 33602, or to Lessor at 1345 Court Street, Clearwater, Florida 33516. All rent checks shall be sent to Lessor at such address. 16. WAIVER. The waiver by the Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same by the Lessee. 17. ASSIGNMENT. Lessor may assign this Lease with the prior written approval of the City. Lessee may assign this lease with the prior written approval of Lessor and the City. Without the approval of Lessor, Lessee may asslgn this Lease to any person or ~ntity who is a general partner of Lessee on the date of execution of this Lease. Approvals under this Section 16 shall not unreasonably be withheld. Upon such assignment, Lessor or Lessee, as the case may be, shall be fully released from all of its obligations hereunder and the assignee shall be deemed to have assumed all of such obligations as if such assignee was the original Lessor or Lessee hereunder. 18. CANCELLATION OPTION. Anything contained ln this Lease 15 I , . , . I to the contrary notwithstanding, Lessee shall have the right to cancel and terminate this Lease at any time commencing with the first day of the sixth Lease Year by giving Lessor thirty (30) days notice of its intention to cancel and terminate this Lease pursuant to this Section 18. After the effective date of such termination, Lessee shall be relieved of all covenants to be performed by Lessee hereunder. 19. ACCESS. Lessor represents that there is access to the Demised Premises from a public roadway and Lessor shall obtain from the City, on behalf of Lessee, an access easement in favor of Lessee and its successors and assigns, which easement shall be coterminous wi th this Lease, in order that Lessee may have the use and benefi t of the existing access road off of State Road 580. 16 " I I the full term of this Lease so long as it does not remain in default in the performance of any of its covenants or agreements hereunder beyond any applicable grace period. Within sixty (60) days following the execution of this Lease, Lessee shall obtain a title insurance binder committing to insure Lessee's leasehold interest in the Demised Premises subject to no encumbrances or adverse rights (other than Lessor's leasehold interest) except those specifically approved by Lessee. In the event such title commitment discloses any title defects, Lessee shall have the option to cure such defects at its own expense or to terminate this Lease in the manner provided in Section 21 hereof. Lessee shall pay for the cost of said policy. Lessor acknowledges that this Lease or a memorandum thereof in recordable form will be recorded by Lessee in the Public Records of Pinellas County. Upon termination of this Lease, Lessee agrees to supply Lessor with such document in recordable form as shall be necessary to expunge this Lease from the public records. 21. CONTINGENCIES. In the event Lessee determines, during a per iod of sixty (60) days following the date of this Lease, that the Demised Premises may not be developed by the construction of the Family Golf Center by reason of inappropriate zoning, inability to obtain necessary governmental approvals such as use, building or sign permits, unavailability of public utility services to the premises, unsatisfactory bearing or drainage characteristics of the soil or any other reason, Lessee may terminate this Lease Agreement, by giving written notice of such termi na t ion wi thin said thi r ty ( 30 ) days, which wr i t ten 17 . , I I notice shall be given in accordance Section 14 hereof, and neither party liability hereunder. 22. INCORPORATION OF OTHER TERMS. To the extent applicable to this Lease, the terms and conditions of the Prime Lease shall be incorporated herein by this reference and shall be made a part hereof. with the provisions of shall have any further 24. BINDING EFFECT. The rights and obligations under this Lease shall inure to the benefit of and shall be binding upon the successors and assigns of Lessor and Lessee. 25. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 26. INVALID PROVISION. If any provision of this Lease shall be found to be invalid or unenforceable, it shall in no way effect the validity or enforceability of the remaining provisions of this Lease, and this Lease shall be construed in all respects as if such invalid or unenforceable provision were omitted. 27. APPLICABLE LAW. This Agreement shall be construed and regulated under and by the laws of the State of Florida. 18 .' ~. I , ....... IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed, on the /~ day of !?/~P/tr~I~&~, 1985. WITNESSES: ~;U~ / . ) / ' _ (\AM _ ,\-tJ L ~ - () \..) WITNESSES: Form Appr.ved PGA TOUR. INC. LAW DEPT. By: (' ~I\I\ ~~ .~ .-.. ~ 0~~CZ7.d~ ~ ;;>/;1, fir L, '.' \-:-, ,~!I /1;26,,;(1111 uk ,~ / /zi(1 //;)'/;/J~,1 t CHI CHI RODRIGUEZ YOUTH FOUNDATION, INC., a Florida non-profit corpo~ftt~n By:(f!~~ "';0 Attest: Secretary (Corporate Seal) PGA TOUR ASSOCIATES-I, LTD., ~F.lorida limited partnership / By Its Sole General Partners: PGA TOUR FAMILY GOLF CENTERS, INC., a Flarida~rparatian By: aJw /lt~r~'0-~ I ts'<,('" "-t~~..~ l)'-~ ?,~'( ';'.b.^f- I /t Attest: , SE!'cretary (Corporate Seal) RM GOLF PARTNERS, a ~lorida gener>>al partn, e~~;hi~/ /f-j "'" ? ) Ijl/ By: ~ --K(.//J ,F'red S. Ridley, 0 General Partner By: 19 t,_: " 1 , STATE OF FLORIDA COUNTY OF PINELLAS . Before m~ the undersigned ~uthor~ty, personally appeared fJ ) JlliAM r' I"I.(! V~S , as .LJ!lA?S-1 dem of CHI CHI RODRIGUEZ YOUTH FOUNDATION, -tINC., a Flor ida non-profit corporation, who by me being well known, after first being duly s}tl..orn, ~ did acknowledge before me that he is -yp~1 ~ of said corporation and did acknowledge that he e*ecute this instrument as his free,~~t and deed on behalf of said corporation, this 19- day of Mt/6n1tFl? , 1985. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off icial seal this t..:. J--. day of :--::"V~ :..t;/ :;,:j -L 1.-/ , 1985, at ~;"'<~'-;/'./...i.; :6.:.;.1. , Florida. , , '. ," /-, . ( . b'.,,, / \... ___ . '\........A' ~__......(......'j t __ .-, ~----1\....-::" Notary ,Public ,) My Commission Expires: Notary Public. State of Florida My ("/II;;liulon Expires Mav28. 19a9'. Ionded ThAI Troy feU. "1mt,l'an~e. Inc.. {Notarial Seal} STATE OF FLORIDA COUNTY OF ST. JOHNS Before me the undersigned authority, personally appeared , as of PGA TOUR FAMILY GOLF CENTERS, INC., a Florida corporation, a General Partner of PGA Tour Associates-I, Ltd., a Florida limited partnership, who by me being well known, after first being duly sworn, did acknowledge before me that he is of said corporation and did acknowledge that he executed this instrument as his free act and deed this , day of , 1985, on behalf of said corporation and partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of , 1985, at Ponte Vedra, Florida. Notary Public My Commission Expires: (Notarial Seal) 20 , J;I- J 1 STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned author i ty, personally appeared FRED S. RIDLEY and JAMES A. McNULTY, as general partners of RM GOLF PARTNERS, a Florida general partnership, a General Partner of PGA TOUR ASSOCIATES-I, LTD., a Flor ida limi ted partnership, who by me being well known, after first being duly sworn, did acknowledge before me that they are the sole general partners of said general partnership and that they executed this instrument as their free act and deed this day of , 1985, on behalf of said general and limited partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this ____ day of , at , Florida. Notary Public My Commission Expires: (Notarial Seal) 065-02-2149-001 21 . . , EXHIBIT A , City of Clearwater property on either side of McMullen-Booth Rd. and north of State Road 580 in Section 20, Township 28 S, Range 16 E. and Section 21, TOWl18hip 28 S, Range 16 E. being further described as follows: - PARCEL ONE A parcel of land in Section 21, Township 28 S, Range 16 E, Pine1las County, Florida and being more particularly described as follows: ." .' From the South 1/4 Corner of said Section 21, thence N 89030'24" W along the South Line of said Section 21, 102.5 feet for a Point of Beginning; thence leaving said South Line N 00012'04" W, 1,370.93 feet; thence S 89041'17" W, 1,141.25 feet to a point, said point being on the proposed Easterly right-of-way line of McMullen-Booth Rd; thence alO11& said proposed Easterly right-of-way line for the following four courses: (1) thence S 00003'20" E, 659.99 feet to a point of a curve; (2) thence along the arc of a curve to the left, havi11& a radius of 3,238.00 feet, arc 242.40 feet, chord S 02012'01" E, 242.34 feet to the point of ta11&ency; (3) thence S 01018'19" E, 283.10 feet; (4) thence S 04012'24" E, 59.61 feet; thence leaving said proposed Easterly right-of-Way line S 89030'24" E, 330.00 feet; thence S 81033'49" E, 803.89 feet to the Point of Beginning. Subject to an access area for drainage, utilities, ingress and egress lying in the north 150 feet of the above described parcel one together with the south 350 feet of the North 450 feet of the west 100 feet of said parcel one. PARCEL TWO A parcel of land in Section 20, Township 28 S, Range 16 E, Pine11as County, Florida and being more particularly described as follows: The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 20. and The North 3/4 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 20. and Commence at the East 1/4 corner of said Section 20; thence S 89054'58" W, alO11& the East-West Centerline of said Section 20, 495.47 feet to the Point of Beginning; thence continue S 89054'58" W, a1011& said line 838.64 feet to the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 20; thence S 00000'16" W, alona the West line of said Northeast 1/4 of the Southeast 1/4, 1,221.50 feet; thence leaving said line S 89050'51" W, 370.01 feet; thence N 00000'16" E, 635.80 feet to a point of curve; thence along the arc of a curve to the right, radius 950.00 feet, arc 1,361.59 feet, chord N 41003'51" E, 1,248.01 feet to a point of reverse curve; thence alona the arc of a curve to the left, radius 1,050.00 feet, arc 170.34 feet, chord N 77028'35" E, 170.16 feet to a point on curve; thence leaving said curve S 19021'16" E, 240.76 feet to a point of curve; thence a10na the arc of a curve to the left radius 290.00 feet, arc 222.05 feet, chord S 41017'23" E, 216.67 feet to the Point of Beginning. LESS AND EXCEPTING the Southerly 50.4 feet more or less, platted in Eagle Estates as recorded in Plat Book 74, Pages 40 and 41 of Public Records of Pinellas County, Florida. Also LESS AND EXCEPTING an 80 foot drainage, utility and right-of-way easement described as follows; , . I . PAllCEL TWO (continued) , , . Begin at the Northeast corner of the Southeast 1/4 of said Section 20, thence S 00001'19- W, along the East line of the Northeast 1/4 of the Southeast 1/4 of said Section 20, 80.00 feet; thence N 82049'46" W, 404.16 feet to a point of curvature of a curve to the right; thence along the arc of said curve, radius 290.00 feet, arc 99.23 feet, chord bearing N 73001'37- W, chord 98.74 feet to a point on the North line of the Northeast 1/4 of the Southeast 1/4 of said Section 20; thence N 89054'58" E, along said North line, 495.47 feet to the Point of Beginning. .~ .' PAllCEL THREE A parcel of land in Section 21, Township 28 S, Range 16 E, Pinellas County, Florida and being more particularly described as follows: The West 1/2 of the Southwest 1/4 of said Section 21, LESS AND EXCEPTING an 80 foot drainage, utility and right-of-way easement lying in the North 80 feet of the West 1/2 of the Southwest 1/4 of said Section 21. Also LESS AND EXCEPTING the easterly 100 feet for proposed right-of-way of McMullen-Booth Road. Also LESS AND EXCEPTING the Westerly 101 feet of the Easterly 201 feet of the Southerly 121 feet of the West 1/2 of the Southwest 1/4 of said Section 21. Also LESS AND EXCEPTING the Westerly 580 feet of the Easterly 680 feet of the Northerly 930 feet of the West 1/2 of the Southwest 1/4 of said Section 21. 4J,~ So ~~ ~~ ~~ <.JO ~ ~. '" " It IN r-- -, - .. N,T.S. 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MJB 09/30/85 10/17/85 REV. ~ , , · CHI at! RODRIGUEz YOUTH FOUNDR1ION 1 345 Court Street, Cleon.uoter, Rorldo 33516 (813) 443.7668 PRESIDENT William C. Hayes VICE PRESIDENT Vivian J, Brownlee, LPGA TREASURER Louis Ortiz, CPA BOARD OF DIRECTORS CHAIRMAN Juan "Chi Chi" Rodriguez VICE CHAIRMAN William C, Hayes DIRECTOR OF MARKETING Cary Stiff PUBLICIST Julie Nathanson DIRECTORS Sandy Berkowitz Vivian J, Brownlee, LPGA John Gallagher. CPA William C. Hayes Joe Inman, PGA ADVISORY BOARD Lynn Adams, LPGA William Braddock John Brott, PGA Mary Bryan, LPGA Mary Dwyer, LPGA Dale Eggeling, LPGA Marlene Hagge, LPGA Pat Inners Dar Robart Ralph Roberts Robert H. Stiff, Jr Myra Van Hoose. LPGA EDUCATIONAL BOARD Gus Sakkis - Chairman John Blank Betty Hamilton William C. Hayes Jade Moore Douglas Gregory Pegoty Lopez Fred Buckman GOLF DIRECTOR Jim Barber .. EXHIBIT B " The Chi Chi Rodriquez Foundation will construct and operate on the leased land a facility for educating and rehabilitating poor, abused or delinquent children. The facility will include: 1 ) A full time, fully accredited middle school which will offer academic and vocational courses. 2 ) A nature trail which will be built and maintained for public use and by the children participating in the foundation program. 3 ) An 18 hole golf course for the use of the public and program participants; and 4) A driving range which will be built and operated for public and foundation use by commercial and professional golf interests on 20 acres of land subleased from the foundation. The facility will contain approved structures. The foundation will operate three (3) educational and rehabilitative programs from this facility and its facility at Glenn Oaks Golf Center; the middle school; an after school program of activities for disadvantaged children attending Pinellas County Public Schools and a suspension center program operated under contract with the Pinellas County School System for children who have been temporarily suspended from the public schools but are legally obliged to attend an alternate activity during the period of their suspension. The educational programs of the Foundation shall be operated on an interchangeable and concurrent basis at the Project and at Glenn Oaks Golf Center.