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HomeMy WebLinkAboutOPTION AND LEASE AGREEMENTU) SCANNED BY St. Lucie County OPTION AND LEASE AGREEMENT This Agreement made this _� �rday of e222d,4 , 192zr between Island Crgst-Cojadominium Association Inc,, whose address is ID680 South ocean Drive, Jen$= Beach, Florida 34951, hereinafter designated LESSOR and BELLSOUTH MOBILITY INC, whose address is 5201 Congress Avenue, Boca Raton, Florida 33467, hereinafter designated TENANT. RECITALS - LESSOR is the owner of certain real property and building located at 10680 South Ocean Drive, �Lensen Beach, Florida 34957, St. Lucie County, State of Florida, and TENANT desires to obtain an Option to lease a portion of said real property containing approximately 900 sqaare feet for the installation of a prefabricated communications building or construction of a communications building and certain positions on the roof of the building for the mounting of various antennas (hereinafter referred to as "Property" and "Rooftop Space") Said Property and Rooftop Space are more particularly shown an Exhibit "All attached hereto and made a part hereof. TENANT also desires to obtain a nonexclusive right for ingress and egress to the Property and Rooftop Space, parking area and elevators, seven (7) days a week, twenty-four (24) hours a day, including during normal business hours, for the installation, maintenance and operation, all at TENANT's sole expense, of a PCS transmitting facility. NOW, THEREFORE, in consideration of a sum of Dollars (hereinafter referred to as "Opt' n Money"), to be . Wo to LESSOR, which TENANT will provide upon its execution of this Agreement, the LESSOR hereby grants to TENANT the right and Option to lease said Property and Rooftop Space, including the nonexclusive right for access thereto, for the term and in accordance with the covenants and conditions set forth herein. The option may be exercised at any time within twelve (12) Ell EM months from final execution of this Agreement by LESSOR. At TENANT's election, and upon , TENANT's prior written notification to LESSOR, the time during which the Option may be exercised may be further extended for one (1) additional period of six (6) months, with an additional payment of Dollars qgBffMM� by TENANT to LESSOR for the 04pifflonKVeMEMON TO extended. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period or during the term of the Lease, the Option is exercised and the LESSOR decides to subdivide, sell or change the status of the Property and Rooftop Space or property contiguous thereto, LESSOR shall immediately notify TENANT in writing so that TENANT may take steps necessary to protect TENANT's interest in the Property and Rooftop Space. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and Rooftop Space and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property and Rooftop Space. This Option may not be sold, assigned or transferred at any time except, with prior written notice to TENANT's principal, affiliates or subsidiaries of its principal or to any company upon which TENANT is merged or consolidated. As to other parties, this option may not be sold, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. Should TENANT fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either party to the other. The LESSOR shall permit TENANT during the option Period free ingress and egress to the Property and Rooftop Space to conduct such surveys, roof inspections, structural strength analysis, subsurface borings, radio propagation tests and otherpactivities of, similar nature, aV TENANT may deem necessary, at the sole cost of TENANT. if &ny of TENANT's surveys, roof inspections, analysis, tests or other activities indicate that repairs are required to the Rooftop Space in order to prepare the Rooftop Space for the installation of TENANT's equipment, upon the mutual agreement of LESSOR and TENANT, LESSOR shall promptly perform or cause to be performed such repairs which may be necessary to meet the needs of the TENANT. In addition, TENANT shall have the right to file any applications for certificates, permits and other approvals that may be required by any federal, state or local authorities. LESSOR agrees to cooperate with TENANT in its efforts to obtain such approvals and sign such papers as may be required to file applications with the appropriate authorities. Notice of the exercise of the option shall be given by TENANT to the LESSOR, in writing by certified mail, -return receilut requested. Noti66 shall be deemed effective on the date it is posted. On the date of such notice, the following Agreement shall take effect: LEASE.AMEMENT 1. LESSOR hereby leases to TENANT that certain parcel of real property ("Property") containing approximately 900 square feet for the installation of a prefabricated communications building or construction of a communications building and certain positions on the roof of the building ("Rooftop Space") for the mounting of various antennas in accordance with Paragraph IA, as shown on Exhibit "All (attached hereto and made a part hereof). Said Property and Rooftop Space are located at 10680 South dcean Drive. ,Tensen Reach, Florida 34957 and LESSOR hereby grants TENANT the nonexclusive right for ingress and egress to the Property and Rooftop Space, parking area and elevators, seven (7) days a week, twenty-four (24) hours a day, including during normal business hours, for the installation, maintenance, and operation, all at TENANT's sole expense, of the following PCS telephone equipment and associated antennas: A. Directional antenna system, associated equipment, and up to three microwave dishes mounted upon the Rooftop Space. The antennas may be mounted at a sufficient height now or in the future so that the signals transmitted and received thereby will not be impeded by the Building or any other structure mounted thereon. The exact location on the building roof will be mutually agreed upon by TENANT and LESSOR. Subject to LESSOR's approval, TENANT may make such alterations to said Rooftop Space as are necessary. TENANT and LESSOR agree to allow TENANT to lease 200 square feet of ground space adjacent: to condominium at a location to be mutually agreed upon by TENANT and LESSOR for the use of TENANTIS emergency generator, along with related wires, conduit and miscellaneous cables. Prior to commencement of any alteration TENANT shall submit detailed plans of proposed alteration to LESSOR for its approval. 'LESSOR shall have fourteen (14) days after receipt of TENANT's plans to review and approve same. Failure on the part of LESSOR to notify TENANT within the fourteen (14) day period shall constitute a waiver of LESSOR's rights hereunder and the plans shall be deemed approved. V-1 L.- J S. one story prefabricated communications building or construction of a communications building consisting of PCs radio equipment to be installed or constructed on approximately 900 square feet of Property as indicated on Exhibit "All attached hereto. Said alterations, furthermore, are to be performed in a workmanlike manner and done so that no mechanics', laborers' or materialmen's liens will be permitted an the building. Upon the termination of this Lease, TENANT shall remove all of its equipment from the Property and Rooftop and repair any damage done by said removal. C. Flexible coaxial transmission line shall be run between the various antennas on the Rooftop Space and the radio equipment building located on the Property referred to in 1A. and 1B above. D. TENANT agrees to install radio equipment of a type and frequency which will not cause interference with existing tenants of the Property and Rooftop Space at the time of such installation. In the event TENANT's equipment cause� interference, TENANT will take all steps necessary to correct and eliminate such interference at its sole cost. LESSOR agrees not to allow any future tenant's use of the roof or addition and/or modification to any current tenant's use of the roof to cause interference with or cause the improper operation of TENANT I s� equipment. LESSOR further agrees not to lease any portion of the roof for placement of other PCs communication facilities. E. LESSOR shall cooperate with TENANT in TENANT'S effort to obtain utility services by signing such documents or easements as may be required by said utility companies. TENANT shall furnish the Property and Rooftop Space with electric service sufficient for the operation of its equipment. Any change in existing electrical facilities required to meet the needs of TENANT's equipment shall be made at TENANT's expense. Any special electrical lines, conduit, circuit breaker switches or other electrical facilities shall be installed by a qualified electrical contractor of TENANT'S choice and at TENANT's expense. TENANT shall maintain said special electrical facilities at its Sole Cost, risk and expense. F. Any antenna to be installed upon the Rooftop Space subsequent to the initial installation of the directional antenna system shall be subject to LESSOR's prior written approval, which shall not be unreasonably withheld or delayed. LESSOR's failure to approve or disapprove any additional items within fourteen (14) days following the request therefor shall be deemed an approval. 2. LESSOR also hereby grants to TENANT the right to survey 4 I said Property and Rooftop Space, and the legal description on said survey shall then become Exhibit "Ba, which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A". LESSOR grants TENANT the right to take measurements, make calculations, and to note other structures, setbacks, uses, or other information as deemed by TENANT to be relevant and pertinent, as such information relates to LESSOR's real property, leased or otherwise abutting or surrounding the Property and Rooftop Space. Cost for such survey work shall be borne by the TENANT. 3. -This Agreement shall be for an initial term of five (5) years beginning on the date the Option is exercised by TENANT at an annual rental of plus applicable sales tax, to be �`a_id in equal monthly installments on the first day of the month, in advance to Island Crest- Condominium Association Inc. or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (3Q) days in advance of any rental payment date. 4. TENANT shall have the option to extend -.this lease for four (4) additional five (5) year terms, and such extensions shall automatically occur unless TENANT gives LESAOR written notice of its intention not to extend this Lease Agr4e-m-ent at least six (6) months prior to the end of the current term. 5. The annual rental for the first Ust) five year extension term shall be increased to oingliMiMplus applicable sales tax; the second (2nd) five (5) year extension term shall be increased to numff-hml .ZgggF���s applicable sales tax; the third Drd) five (5) year. extension term shall be increased to qftzmm� r IUB applicable sales tax; and the fourth (4th) five (5) year extension term shall be increased to dgffjjg0RDjus applicable Bales tax. 6. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it -at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same Covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Monthly rental for this period shall be equal to the rent paid for the last month of the fourth (4th) five (5) year extension term. 5 0 0 7. TENANT shall use the Property and Rooftop Space for the purpose of constructing, maintaining and operating a mobile Communications Facility and uses incidental thereto, consisting of the installation of a prefabricated communications building or the construction of a one story communications building consisting of PCS radio equipment on the Property and the mounting of antennas and associated equipment of the Rooftop Space, All improvements shall be at TENANT's expense. TENANT will maintain the Property and Rooftop Space in a reasonable condition. It is understood and agreed that TENANT's ability to use the Rooftop Space is contingent upon its obtaining, after the execution date of this Agreement, all of the certificatpp,, permits and other approv4-Is that may be required by any federal, state or local authorities. LESSOR shall cooperate with TENANT in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property and Rooftop Space with respect to the proposed use thereof by TENANT. Notwithstanding any other termination rights available to TENANT under this Agreement, TENANT, at its sale and absolute discretion, shall have the right to terminate this Agreement with ninety (90) days prior written notice to LESSOR and a lump sum payment to LESSOR in an amount equal to six months rental at the rate in effect at the time of termination. Notice of the TENANT's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid to said termination date.. shall be, retained by the LESSOR . C�on such termination, this Agreemeht! shall become null and void and all the parties shall have no further obligations, including the'payment of money, to eacy other. 8. TENANT shall indemnify and hold LESSOR harmless against any claims of liabilfty or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property and Rooftop Space by the TENANT, its servants or' agents, excepting, however, such claims or damages as may be due to or caused by the acts of the LESSOR, or its servants or agents. 9. I—N-SURANC19- TBNANT shall, at its sole cost and expense, at all times during the term of this Agreement maintain it effect a policy or policies of insurance: (a) covering its personal property located on the Leased Property and TENANTIS inprovements to the Leased Property paid for and installed by TENANT, providing protection against any peril included under insurance industry practices within the classification "fire and extended coverage,u providing protection as deemed desirable by TEMUIT with respect to its personal property and to the full insurable Value of its TENANT improvements paid for by TENANT, and (b) Commercial General Liability Insurance with minimum limits of one Million Dollars ($1,000,000) for injury to or death of one (1) or more persons in any one (1) occurrence and one Million Dollars ($1,000,000) for damage to or destruction of properties in any one (2) occurrence. TENANT shall name the LESSOR as an additional insured as Its interest: may appear in regards to the aforementioned policies and shall furnish LESSOR with a certificate of insurance upon request by the LESSOR. Should the Leased Property and/or TEXANTIS personal property be sublet upon, said Subtenant shall be required to maintain similar insurance and to agree to furnish LESSOR, if requested, certificates or adequate proof of such insurance. 20. S.ETF-XNSUPAKCR. LESSOR acknowledges that TENANT is or may be a self -insurer with respect to all or a substantial portion of the risks commonly insured against, under standard fire and extended coverage and commercial general liability Insurance policies. notwithstanding any provision of the Agreement to the contrary, so long as TENANT is BellSouth Mobility Xnc. or any subsidiary, or principal or other affiliate thereof, and has a net worth in excess of Fifty Million Dollars ($50,000,000), TENANT shall not be required to obtain or maintain any insurance policies otherwise required of TRIVANT under this Agreement and any such insurance as may be, from time to time, maintained by, TMUM will be for the sole and exclusive benefit: of TENANT in furtherance of its risk management and self insurance policies and programs. Xn the event that; TENANT should no longer be BellSouth Mobility Inc., or any subsidiary, or principal or other affiliate thereof, such TENANT shall be obligated to obtain and maintain the required insurance policies. 11. TENANT shall be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property and Rooftop Space. TENANT shall reimburse LESSOR as additional rent for any increase in real estate taxes levied against the Property and Rooftop Space which are directly attributable to the improvements constructed by TENANT and are not separately levied or assessed against TENANT's improvements by the taxing authorities. 12. TENANT upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures from the Property and Rooftop Space. if such time for removal causes TENANT to remain on the Property and Rooftop Space after the termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of personal property and fixtures are completed. 13. should the LESSOR, at any time during the term of this Agreement,' decide to sell all or any part of said Property and Rooftop Space, such sale shall be under and subject to this Lease Agreement and TENANT's rights hereunder. "N L-�A E-1 14. LESSOR covenants that TENANT, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Property and Rooftop Space. 15. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and Rooftop Space and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, 'judgments or impediments of title on the Property and Rooftop Space. 16. LESSOR represents and warrants that the Property and Rooftop Space is in compliance with all laws, ordinances, notices, orders, rules, regulations and requirements of any and all federal, state, or municipal governments or the appropriate departments, commissions, boards and offices thereof, as well as any and all notices, orders, rules and regulations of the National Board of Fire Underwriters, or any other body, not constituted and exercising similar functions relating to all or part of the Property and Rooftop Space. 17. If TENANT has not performed or caused to be performed an inspection of the roof of the Rooftop Space during the Option period as authorized by this Lease Agreement, TENANT, during the term of this Lease Agreement, at the sole cost of TENANT, has the right to perform or cause to be performed an inspection of the roof of the Rooftop Space. TENANT shall provide LESSOR with a copy of any roof inspection report prepared pursuant to this paragraph (the "Report") and LESSOR shall acknowledge in writing the condition of the roof as set forth therein. In the event the Report indicates that repairs are required to prepare, maintain and/or repair the roof in order to provide for TENANT's occupancy of the Rooftop Space, upon the mutual agreement of the parties, LESSOR shall promptly perform or cause to be performed such repairs in order to meet the needs of TENANT. All deficiencies evidenced in the Report shall be deemed preexisting conditions and TENANT shall not be responsible for or required to repair any item as evidenced in the Report. ' 18. This Lease Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. 19. This Lease may not be sold, assigned or transferred at any time except to TENANT's principal, affiliates or subsidiaries of its principal or to any company upon which TENANT is merged or consolidated. As to other parties, this Lease may not be sold, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. TENANT may sublease this Lease upon notice to LESSOR. 8 20. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice)� LESSOR: Island Crest Condominium Association Inc. 10680 South Ocean Drive Jensen Beach, FL 34957 TENANT: BellSouth Mobility Inc. 5201 Congress Avenue Roca Raton, FL 33487 Attn: Network Real Estate Manager 21. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. At LESSOR's option, this Lease shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or part of the Property and Rooftop Space, provided, however, every such mortgage shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR's interest and also TENANT's right to remain in occupancy of and have access to the Property and Rooftop Space as long as TENANT is not in default of this Agreement. TENANT shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property and Rooftop Space is encumbered by a mortgage, the LESSOR, no later than thirty (30) days after this lease is exercised, shall have obtained and furnished to TENANT a Non -Disturbance instrument in recordable form for each such mortgage. 23. If the whole of the Property and Rooftop Space or such portion thereof as will make the Property and Rooftop Space unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between LESSOR and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and TENANT hereunder. Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehold interest hereunder. ' 24. LESSOR and TENANT agree that this Option and Lease Agreement will be forwarded for recording or filing in the appropriate of f ice of the County of St. Lucie, and LESSOR and TENANT agree to take such actions as may be necessary to permit such recording or filing. TENANT, at TENANT,s option and expense, may obtain title insurance on the space leased herein. LESSOR, -shall cooperate with TENANT's efforts to obtain such title insurance policy by executing documents or, at LESSOR's expense, obtaining requested documentation as required by the title insurance company. If title is found to be defective, LESSOR shall use diligent effort to cure the defects in title. At TENANT's option, should the LESSOR fail to provide requested documentation within thirty (30) days of TENANT's request, or fail to provide the Non -Disturbance instrument(s) as noted in Paragraph 20 of this Agreement, TENANT may withhold and accrue the monthly rental until such time as the requested document(s) is (are) received, or if title is found to be defective and LESSOR has failed to cure the defects within a reasonable period, TENANT may caLncel this Agreement or cure the title defect at LESSOR's expense utilizing the withheld payments. 25. If TENANT defaults in fulfilling any of the covenants of this Agreement and such default shall continue for sixty (60) days after service by LESSOR of written notice upon TENANT specifying the nature of said default, or, if the said default so specified shall be of such a nature that the same cannot be reasonably cured or remedied within such sixty (60) day period, if TENANT shall not in good faith commence the curing or remedying of such default within such sixty (60) day period and shall not thereafter diligently proceed therewith to completion, then in any one or more of such events this Agreement shall terminate and come to an end as fully and completely as if such date were the day herein definitely fixed for the end and expiration of this Agreement and TENANT shall then quit and surrender the Leased Premises to LESSOR as provided herein. 26. In connection with any litigation arising out of this Agreement, the prevailing party, whether LESSOR or TENANT, shall be entitled to recover all reasonable costs incurred including reasonable attorney's fees for services rendered in connection with any enforcement of breach of contract, including appellate proceedings and post judgment proceedings. 27. In accordance with Florida Law, the following statement is hereby made: RADON GAS- Radon is a natural occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from 10 a a your county public health unit. 26. LESSOR shall hold TENANT harmless from and indemnify TENANT against and from any damage, loss, expenses or liability resulting from the discovery by any person of hazardous substance generated, stored, disposed of, or transported to or over Property, as long as such substance was not stored, disposed of, or transported to or over the Property by TENANT, its agents, contractors, employees, or invitees. TENANT will be responsible for any and all damages, losses, and expenses and will indemnify LESSOR against and from any discovery by any persons or such hazardous wastes generated, stored, or disposed of as a result of TENANT's equipment and uses of the aforementioned Property. 29. LESSOR to allow TEMMT to utilize LESSORIS existing generator on the property to provide back-up power to the TENANTIS equipment. 30. This Agreement shall be executed in three (3) counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals. 11 LESSOR Signed, sealed and delivered in the presence of: Island Creat�Condaminium Association, Inc. By; tness -virnE Namc Print Name:)-ore-1-120-- rA4,'AP- 'Title: Address: 10680 South ocean Drive Jenaen Beach, FL 34957 Witness Print Name -.126LIAA'A STATE OF FLORI COUNTY OF The foregoing instrument was ackno �e day f2Zed fore me t is a-9-- of )ja� . (4= ., as �—, 1998, by =4mc 4 0 of Tsl CreVt Condithinium Association Inc,. a'Florida Corporation who is personally known to me or who has produced ia Wi s identification and who did (did not) take an oath. Lj�(�-p P&t2 NOTARY PUBLIC' Ry Commission Expires: Print Name: �va a, /t 9, PAP. 'oe V/ (0/0 / (Seal) 12 EJ Signed, sealed and delivered in the presence of: Agz� � - Witness j Print Namet (2m, -0 Wit&ess Print Name:,:TeAA) F164e- STATE OF COUNTY OF IE7 1, —�' The for nstrument was acknowledged before me this 3""�day of 1996, by as V-.)O. of BELLSOUTH MOBILITY INC, a Georgia cormation, who or who has produced as identification and who did (did not) take an oath. Ry. Commission Expires: RMMP1�1OX.Ln 01/23/90 13 NOTARY PUBtl Print Name: (seal) WWAL BDUM MY CDWIZM J CC W258 DTM 9 1 1 7.2MO - WAbdDMNdftyP&ftUWWft2n -2 C:A. Q u I _uf [WOW M4 to. LO m lk W ROCK ROOFTOP SURFA CC At 66 13 13 AOL I= Vft 2 2 J 0 EXHIBrT "B" boom .PWAM-A-=71, 71 11,14 WE -L - �Ucjr 6= 2 EXHIBIT "B" Description of w0ceana South Condo r DESCRIPT70M AS PROWDED BY CUEVr AND RECORDED IN OFF?C!AL RECORDS BOOK J56, PAGE 255, ST. LUCIE COUNTY; FLORIDA PUYLIC RECORDS Commencing at a point on the centertine of State Road A -I -A and an the North rme of the South 815.66 feet of Government Lot 5 of Section 11. Township 37 South. Range 41 East, run South BlT 55' 51* East 54.69 feet to a point an the Eoste right-ol-way line of said State Road A -I -A; thence run North 2.Ttl'31 West along said right-cf-way line 725.0 feet to the Point of Beginniing; From the Point of Beginning continue along the Easterly right- of-way line of State Rood A -I -A North 23' 49 31' West 124.63 feet; Is 0 point; thence ran North at* to* 29, cost 38.os feet to a PoK- thence run North Ir 49' 31' West 40.0 feet to a point; thence run North 81' 10' 29' East 18.13 feet; thence run North 9 49' 31" West 102-0 feet to a point: thence run South 81' to* 29' West 94.13 feet to a point on the East right-of-way line of State Rood A -I -A; thence run North 2S 49' 31" West along mid right-of-wol, line 53.83 feet to a point. thence run North 81' 10' 29' East 22.06 feet to a point: thence run North Ir 49' 31" West 144.0 feet to a point: thence run South 81* 10' 29" West 60.64 feet to a point an the East right-of- way line of State Road A -I -A; thence run North 23' 49' 31' West alang said right-of-way line 22.7a feet to a point; thence run Nortli 81' 10' 29' East 273.54 feet to a point; thence run South Ir 49* 31' East 45.67 feet to a point; thence run North 81' to* 29" East 229.75 feet to the mean high water line of the Atlantic Ocean: thence meandering said man high water line run South 2V 52' 30' East 60.45 (eel to a point; theme run South 2-T 50* 53' East 438.75 feet to a point; thence run South 2V 30' 17' East 34.64 feel to a point, thence run North 89' 5!� 51" West 151.26 feet to the Coastal Construction Setback Unin. thence run North 24F IS' 25' West along the Coastal Construction Setback Une 2.34.67 fed to a point; thence run South 81' to' 29' West 53.48 feet to a point; thence run South 8! 49' 31' East 25.0 feet to a point; themin rurs South 8V 10' 29' West � 60-0 feet to a point; thence run South Ir 49' 31' East 40.37 feet to a point; thence run North 81' to' 29" West 18.0 feet to a point". thence run South Ir 49' 31" East 56.81 feet to a point: thence run South T 4' 09* West 50.28 feet to a point; theme run North SV 55' 51' West 20.0 feet to a poift thence run South IT 04' 09' West 28.0 feet to a point; theme run North ST W 51' West parallel with the North line of the South 815.66 feet of Government Lot 5. 177.09 fed to the Point of Beginning. Aft of the above lying and being in St. Lucie County, Florida. Belsoldh MoNfly Site : Jensen Beach (Island Crest Condo) Fft ;�oj "K Mo RW ov. 122.0 owwo OBLC -Sw 0 51AW 05%V Plot Pkn SCALE: 1 0 = 10' 0 WOOD DECK BelleoLdh Mobft Oita : %femen Beach (Island Creat CondD)