FIFTEEN YEARS LEASE
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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
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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
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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
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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
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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
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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,
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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,
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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
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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
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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
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12. UTILITIES AND TAXES.
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The Lessee shall pay for all
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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
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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
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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
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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.
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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
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be signed, on the /~ day of !?/~P/tr~I~&~, 1985.
WITNESSES:
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WITNESSES:
Form Appr.ved
PGA TOUR. INC. LAW DEPT.
By: (' ~I\I\
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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:
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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.
, ,
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( . 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)
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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
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EXHIBIT A
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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:
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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.
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NOTE:
THIS IS NOT
A SURVEY.
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.