STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONTRACT FOR SALE AND PURCHASE AND DEPOSIT RECEIPT

THIS Contract for Sale and Purchase and Deposit Receipt (“Contract”) is made this _____ day of ____________, 2014 (“Effective Date”), by and between SELLER and BUYER as follows: SELLER:

Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by and through its agent the Division of State Lands of the State of Florida Department of Environmental Protection ("DEP")

ADDRESS:

State of Florida Department of Environmental Protection Division of State Lands Bureau of Real Estate Services 3900 Commonwealth Boulevard Mail Station 115 Tallahassee, Florida 32399-3000

BUYER: Name(s):__________________________________________________ (as it should appear on the deed) Address:_________________________________________________ Phone:

Home:_______________________

Work:________________

1. AGREEMENT TO SELL: SELLER hereby agrees to sell and BUYER hereby agrees to buy in accordance with this Contract the real property, that is more particularly described in attached EXHIBIT "A" of this Contract (the “Property”). 2. PURCHASE PRICE: BUYER hereby offers the following purchase price for the Property in the amount of_______________________ ________________________Dollars ($______________), which shall be paid in the following manner: a. Deposit: BUYER deposits herewith FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in the form of a certified or cashier's check or an irrevocable letter of credit from a

Contract for Invitation to Offer Revised 3/24/14

financial institution as defined in Section 655.005, Florida Statutes, made payable to the State of Florida Department of Environmental Protection representing an earnest money deposit (“Deposit”). b. Balance: At closing, BUYER shall be required to pay the balance of the purchase price in the amount of ___________________________________________________ Dollars($_______________) by wire transfer of funds through a Federal Reserve Bank or other immediately available funds acceptable to SELLER, made payable to the State of Florida Department of Environmental Protection or SELLER’S designated closing agent. 3. TIME OF ACCEPTANCE: If this offer is not accepted by SELLER, the Deposit shall be returned to BUYER and this offer shall be null and void. 4. CLOSING, EXPENSES AND POSSESSION: This Contract shall be closed following approval by SELLER, and the deed delivered after execution by SELLER. SELLER will deliver possession of the Property to BUYER at closing. The following are additional details of closing: a. Time and Place: The closing shall be on or before 90 days after SELLER’S execution of this Contract. The date, time and place of closing shall be set by DEP. b. Conveyance: At closing, SELLER will deliver to BUYER a fully executed quitclaim deed conveying the Property and any improvements in “AS IS, WHERE IS CONDITION,” without warranties or representations, subject to a reservation in favor of the SELLER of an undivided three-fourths interest in phosphate, minerals and metals and an undivided one-half interest in all petroleum pursuant to Section 270.11, Florida Statutes. SELLER, in the quitclaim deed to BUYER, shall reserve unto itself, its lessees, successors and assigns a perpetual, nonexclusive easement for ingress, egress and utilities over and across the lands described in EXHIBIT “B” attached hereto and made a part hereof, which easement shall be appurtenant to SELLER’s adjacent land, which is more particularly described in EXHIBIT “B” (“Reserved Easement”). Between the date on which this Contract has been approved and executed by SELLER and the closing date set forth in this Contract, the parties agree, in

Page 2 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

good faith to use all due diligence to negotiate the terms and conditions of this Reserved Easement. Prior to closing, BUYER may request relocation of the Reserved Easement. If BUYER requests relocation of the Reserved Easement, SELLER must approve the new location of easement. If SELLER approves the relocation of the Reserved Easement, BUYER agrees that SELLER and its lessees shall be allowed to continue the use of the Reserved Easement until such time as BUYER has constructed a permanent hardened road surface at the new easement location. BUYER must pay for all expenses including but not limited to survey and road construction costs. BUYER shall complete all roadway improvements in a commercially reasonable and workmanlike manner and in accordance with any and all applicable state, federal or local laws. c. Easement: At closing, SELLER will also grant to BUYER a non-exclusive easement for ingress, egress and utilities, which easement shall be appurtenant to the lands conveyed to BUYER by the quitclaim deed referenced in paragraph 4.b. above. The easement terms and conditions will be substantially the same as those in the easement template attached hereto as EXHIBIT “C” and made a part hereof. d. Expenses: BUYER shall be responsible for and pay all closing costs associated with the Property including, but not limited to, advertising costs, appraisal costs, survey costs, documentary stamp tax on the deed, recording fees, abstract or title insurance fees, attorneys’ fees, and real estate brokerage fees. BUYER shall reimburse DEP at closing for any closing costs that are initially paid for by DEP. Any costs of sale incurred by SELLER or by other parties on behalf of SELLER shall be paid by separate certified or cashier's check made payable to the State of Florida Department of Environmental Protection or an escrow agent designated by DEP at the time of closing. SELLER may require that the closing be processed by and through a title insurance company or other closing agent, designated by DEP, and BUYER shall pay any costs charged by such company or agent for this closing service. If BUYER obtains a survey of the Property, nothing contained therein shall affect the purchase price or terms of this Contract. 5. REAL ESTATE TAXES, EASEMENTS, RESTRICTIONS AND ENCUMBRANCES: BUYER agrees to pay all outstanding real estate taxes. BUYER agrees to take title to the Property subject to any outstanding taxes, special liens or assessments, comprehensive land use plans, zoning, Page 3 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

restrictions, prohibitions, permits, leases, tenancies and encumbrances affecting the Property and other requirements imposed by governmental authority; restrictions, qualifications and matters appearing on the plat or otherwise common to the subdivision, restrictive covenants, public utility easements and all outstanding easements, reservations and other interests. 6. WETLANDS: Any wetlands on the Property may be subject to the permitting requirements of DEP, the applicable water management district or any other applicable permitting entity. 7. CONDITION OF THE PROPERTY: BUYER acknowledges that he has inspected the Property and agrees to accept the Property in "AS IS, WHERE IS CONDITION.” SELLER makes no warranties or representations whatever as to the condition of the Property or any improvements located thereon, or the fitness of either for any particular use or purpose. 8. RADON GAS: Radon is a naturally 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 your county public health department. 9. RISK OF LOSS: In the event of any substantial damage to the Property (in excess of $5,000) between the date of this Contract and the date of closing, SELLER shall have the option of restoring the damaged Property to its condition immediately prior to the occurrence causing the damage, in which event, BUYER shall complete the transaction as originally planned. If these repairs are not completed prior to closing date, closing will be extended until such time as the repairs are completed. If SELLER elects not to restore the damaged Property, BUYER'S sole remedy shall be the right to rescind this Contract by giving written notice to SELLER and to receive a refund of the Deposit or, alternatively, to proceed to closing on the Property, as damaged, without adjustment in the purchase price. In the event of any lesser damage ($5,000 or less), the parties shall proceed to closing as though no damage had occurred. 10. DEFAULT: If BUYER fails to close on or before the date set forth in paragraph 4.a. of this Contract, the Deposit may be retained by SELLER as agreed upon liquidated damages, consideration for execution of this Contract and in full Page 4 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

settlement of any claims; whereupon this Contract shall be terminated and SELLER and BUYER shall be relieved of all obligations under this Contract; or SELLER, at SELLER’S option, may elect to specifically enforce this Contract. If SELLER fails to deliver the quit claim deed to BUYER on or before the closing date set forth in paragraph 4.a. of this Contract, BUYER may elect to receive the return of the Deposit, whereupon this Contract shall be terminated and BUYER and SELLER shall be relieved of all obligations under this Contract; or BUYER, at BUYER’S option, may seek specific performance. 11. SUCCESSORS: Upon execution of this Contract by BUYER, this Contract shall be binding upon and inure to the benefit of BUYER, his heirs, successors or assigns. 12. RECORDING: Neither this Contract nor any notice of it may be recorded in any county by any person. 13. ASSIGNMENT: This Contract shall not be assigned by BUYER without the prior written consent of SELLER. 14. TIME OF ESSENCE: of this Contract.

Time is of the essence in the performance

15. AMENDMENTS: This Contract contains the entire agreement and all representations of the parties. No amendment will be effective except when reduced to writing signed by all parties. Notwithstanding the foregoing, the parties acknowledge that the legal description of the Property is based upon historic chain of title information, without the benefit of a current survey. The parties agree that if, in the opinion of SELLER, it becomes necessary to amend the legal description to correct errors, to more properly describe the Property, or to otherwise revise the legal description of the Property, the legal description to be used in the survey (if any) and in the closing instruments required by this Contract for the Property shall be revised by or at the direction of SELLER, and shall be subject to the final approval of SELLER. Anything to the contrary hereinabove notwithstanding, such a revision of the legal description of the Property shall not require a written amendment to this Contract. In such event, the SELLER’S execution and delivery of the closing instruments containing the revised legal description and the BUYER’S acceptance of said instruments and of the final survey (if any) containing the revised legal description shall constitute a full and complete ratification and acceptance of the revised legal description of the Property by the parties. Page 5 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

16. SURVIVAL: The covenants of this Contract will survive delivery and recording of deed and possession of the Property. 17. ACCEPTANCE OF OFFER: SELLER reserves the right to reject this offer. Therefore, this Contract shall not bind SELLER, DEP or the State of Florida in any manner unless or until it is approved and legally executed by SELLER.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

Page 6 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

The parties have caused this Contract to be executed on the day and year first above written. “SELLER” BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA

By:_______________________(SEAL) TITLE:____________________ DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

APPROVED AS TO FORM AND LEGALITY BY:____________________ DEP ATTORNEY

“BUYER” _________________________________ (If a corporation, Name of BUYER) _________________________________ Signature of BUYER _________________________________ Print/Type Name of BUYER _________________________________ (If a corporation, title of person signing.) Affix corporate Seal if officer other than President is signing.

Page 7 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

EXHIBIT “A” Parcel 1: All of Section 34, Township 38 South, Range 25 East, Desoto County, Florida, less and except all sovereignty lands; and less and except: Those lands described in Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Deed Number 29728, being more particularly described as follows: That part of a parcel recorded in O.R. Book 86, Page 594 of the Official Records of De Soto County, Florida; being more particularly described as follows: All that portion of Section 34, Township 38 South, Range 25 East, Desoto County, Florida, lying East of the East right-of-way of State Road 31. And Parcel 2: Begin at the Northwest corner of Section 34, Township 38 South, Range 25 East, and run North along West boundary of Section 27 in said Township and Range a distance of 2065 feet to a point; thence East parallel to South boundary of Section 27 as heretofore mentioned a distance of 3570.55 feet to a point designated as center of proposed road which at this point crosses said North property line; thence North 29 degrees 30 minutes East to a point in the center of said road on described arc a distance of 70.66 feet; thence North 16 degrees 30 minutes East to another point a distance of 63.4 feet; thence North 2 degrees 00 minutes East to another point a distance of 61.4 feet; thence North 3 degrees 00 minutes West a point at the intersection of the right-of-way of State Road No. 31 (formerly Florida State Highway No. 2) a distance of 31.6 feet; thence South 42 degrees 00 minutes East along said right-of-way a distance of 1591.3 feet to a curve on said right-of-way; thence South 26 degrees 30 minutes East a distance of 100 feet; thence South 21 degrees 30 minutes East a distance of 100 feet; thence South 12 degrees 30 minutes East a distance of 100 feet; thence South 5 degrees 00 minutes East a distance of 100 feet; thence along said rightof-way in a southwardly direction a distance of 601.7 feet to a point at the intersection of south boundary line of Section 27 as heretofore mentioned and said Florida State Road No. 31 ( formerly Florida State Highway No. 2) right-of-way; thence Westerly along said South boundary line of above-mentioned Section 27 to South Quarter post a distance of 2135 feet; thence westerly a distance of 2674.8 feet to the northwest corner of Section 34, Township 38 South, Range 25 East, to point of beginning, also designating the southwest corner of above Section 27; all being and lying in Section 27, Township 38 South, Range 25 East, Desoto County, Florida, less and except all sovereignty lands. All of the lands hereinbefore described are subject to existing roads, public utilities, easements and rights-of-way, objections, encroachments and other encumbrances of deficiencies in area or description of said property which might be revealed by a title search or survey.

Page 8 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

Less and Except: A parcel of land lying in Sections 27 and 34, Township 38 South, Range 25 East, De Soto County, Florida, described as follows: Begin at the SW corner of said Section 27; thence N 00° 10’ 56” E along west line of said Section 27, 914.74 feet to Point of Beginning; thence continue same line, 1150.29 feet; thence S 89° 01’ 47” E, 2345.71 feet; thence S 11° 33’ 02 “ E, 361.79 feet; thence S 85° 03’ 56” E, 227.61 feet; thence S 00° 22’ 09” W, 301.04 feet; thence S 77° 35’ 59” W, 153.14 feet; thence S 60° 51’ 51” W, 146.40 feet; thence S 43° 39’ 00” W, 144.61 feet; thence S 27° 46’ 45” W, 153.93 feet; thence S 13° 21’ 06” W, 104.29 feet; thence S 01° 50’ 01” E, 144.925 feet; thence S 15° 14’ 18” E, 105.10 feet; thence S 28° 05’ 50” E, 127.33 feet; thence S 60° 23’ 25” W, 327.55 feet; thence S 50° 28’ 03” E, 398.22 feet; thence S 09° 42’ 09” E, 289.94 feet; thence N 85° 52’ 59” W, 61.33 feet; thence S 01° 26’ 31” W, 1375.97 feet; thence N 86° 07’ 45” W, 11.39 feet; thence S 00° 45’ 25” W, 1639.67 feet; thence S 88° 43’ 23” W, 775.69 feet; thence South, 2114.60 feet to south line of said Section 34; thence N 89° 21’ 07” W along said south line, 1435.34 feet to SW corner of said Section 34; thence North along west line of said Section 34, 4383.52 feet; thence N 86° 52’ 43” E, 1014.89 feet; thence N 00° 26’ 47 “ E, 1770.26 feet; thence S 89° 17’ 06” W, 1024.35 feet to Point of Beginning. Together with: A 30.00 foot wide easement for ingress and egress located in Sections 27 and 34, Township 38 South, Range 25 East, De Soto County, Florida, lying 15.00 feet left and 15.00 feet right of the following described centerline: Commence at the southwest corner of Section 34, Township 38 South, Range 25 East, De Soto County, Florida; thence North along the west line of said Section 34, 4383.52 feet; thence North 86 degrees 52 minutes 43 seconds East, 1014.89 feet; thence North 00 degrees 26 minutes 47 seconds East, 824.74 feet to the centerline of said 30.00 foot wide easement and the Point of Beginning; thence South 87 degrees 56 minutes 48 seconds East along said centerline, 780.75 feet; thence South 66 degrees 36 minutes 13 seconds East along said centerline, 181.63 feet; thence South 86 degrees 36 minutes 54 seconds East along said centerline, 313.14 feet; thence South 85 degrees 52 minutes 59 seconds East along said centerline, 57.64 feet to the easterly boundary of Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Lease Number 4401 dated September 5, 2002, and the Terminus of said easement.

Revised

Page 9 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

10/27/2014

EXHIBIT “B” RESERVED EASEMENT RESERVING UNTO SELLER, its lessees, successors and assigns a perpetual, non-exclusive easement for ingress, egress and utilities described as follows: Commence a the southwest corner of Section 27, Township 38 South, Range 25 East, De Soto County, Florida; thence run N 00°07’13” E along the west line of said Section 27 for a distance of 2,065.00 feet; thence run S 89°06’08” E, for a distance of 2,345.71 feet; thence run S 11°35’ 19” E, for a distance of 381.79 feet; thence run S 85°08’13” E for a distance of 207.99 feet to the Point of Beginning; said point also being the beginning of a non-tangent curve concave easterly, having a radius of 361.00 feet; a central angle of 38°49’50”, a chord bearing of N 20°03’55” E, and a chord length of 238.01 feet; thence along the arc a distance of 240.59 feet; thence run N 38°28’50” E, for a distance of 14.81 feet to the point of curvature of a non-tangent curve concave southerly, having a radius of 336.08 feet, a central angle of 51°08’51”, a chord bearing of N 68°20’38” E, and a chord length of 289.82 feet; thence along the arc of said curve an arc length of 299.65 feet; thence run S 88°20’38”E, for a distance of 845.53 feet to a point of curvature of a non-tangent curve concave northerly, having a radius of 42.72 feet and a central angle of 38°00’31”; a chord bearing of N 75°53’13” E and a chord length of 27.82 feet; thence along the arc of said curve an arc length of 28.34 feet; thence run N 57°53’13” E, for a distance of 3.28 feet; thence run N 05°00’49” E, for a distance of 28.29 feet; thence run N 50°16’48” E, for a distance of 10.35 feet to a point on the westerly right-of-way of State Rod No. 31; thence run S 39°59’11” E, along said westerly right-of-way for a distance of 217.73 feet; thence departing said right-of-way run N 88°08’30” W, for a distance of 1033.60 feet to a point of curvature of a non-tangent curve concave southerly, having a radius of 225.00 feet and a central angle of 50°28’33”; a chord bearing of S 65°40’14” W and a chord length of 191.75 feet; thence along the arc of said curve an arc length of 198.05 feet; thence run S 39°58’30” W, for a distance of 10.80 feet to the point of curvature of a non-tangent curve concave easterly, having a radius of 296.35 feet, a central angle of 36°38’55”, a chord bearing of S 17°37’05”W, and a chord length of 185.05 feet; thence along the arc of said curve, an arc length of 188.20 feet; thence run S 00°19’52”W, for a distance of 191.87 feet; thence run S 45°00’00” E, for a distance of 34.98 feet; thence run South, for a distance of 73.63 feet to the point of curvature of a non-tangent curve concave southerly, having a radius of 429.57 feet, a central angle of 11°20’58”, a chord bearing of N 84°19’32” W and a chord length of 83.88 feet; thence along the arc of said curve an arc length of 84.01 feet; thence run West, for a distance of 36.86 feet; thence run N 00°18’37” E, for a distance of 317.22 feet, thence run N 88°03’13” W, for a distance of 19.82 to the Point of Beginning.

10/30/2014

Page 10 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

This Reserved Easement shall be appurtenant to and for the use and benefit of the following described lands:

And Beginning at the Northwest corner of Section 3, Township 39 South, Range 25 East, in DeSoto County, Florida, as a starting point, running thence east on the north line of said section four hundred (400) feet, thence south parallel to west line of said section four hundred (400) feet, thence west four hundred (400) feet to the west line of said section, thence north along west line of said section four hundred (400) feet to point of beginning.

Page 11 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

EXHIBIT “C” PIAE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ___________________________________ EASEMENT NO. __________ THIS EASEMENT, is made and entered into this ______ day of _________________, 20____, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and _____________, his/her successors and assigns, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property located in Desoto County, Florida, which is managed by Desoto County, Florida under Lease Number 4401(“managing agency”); and WHEREAS, GRANTEE is the owner of an adjoining parcel of land located in Desoto County, Florida which is more particularly described in Exhibit “B” (“GRANTEE’S Property”); and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for ingress, egress and utilities; and NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant unto GRANTEE for the use and benefit of and appurtenant to GRANTEE’S Property a non-exclusive easement across the following described real property in Desoto County, Florida (“Easement Area”), to wit: (See Exhibit "A" Attached) subject to the following terms and conditions:

Page 12 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

1.

DELEGATIONS OF AUTHORITY:

GRANTOR’S responsibilities and obligations

herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2.

TITLE DISCLAIMER:

GRANTOR does not warrant or guarantee any title,

right or interest in or to the Easement Area. 3.

TERM:

GRANTOR does hereby grant to the GRANTEE an easement for as long

as the easement is used for ingress, egress and utilities for GRANTEE’S Property, unless sooner terminated to the provisions of this easement.

If

GRANTEE ceases to use the easement for ingress, egress and utilities, all right, title, and interest to the Easement Area shall revert to and vest in GRANTOR automatically and immediately. 4.

MAINTENANCE:

This easement is granted with the express condition that

GRANTOR shall have no responsibility for improving or maintaining the Easement Area, nor any other liability or responsibility to GRANTEE or GRANTEE’s heirs, successors and assigns, or to those who may use the Easement Area. 5.

USE OF PROPERTY AND UNDUE WASTE:

This easement shall be limited to

ingress, egress and utilities only, upon and across the Easement Area during the term of this easement.

This easement shall be non-exclusive.

GRANTOR

retains the right to engage in any activities on, over, below or across the Easement Area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder.

If timber is removed in connection with clearing this easement,

the net proceeds derived from the sale of such timber shall accrue to GRANTOR.

GRANTEE shall take all reasonable precautions to control soil

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erosion and to prevent any other degradation of the Easement Area during the term of this easement.

GRANTEE shall not remove water from any source on

this easement including, but not limited to, a water course, reservoir, spring, or well, without the prior written approval of GRANTOR.

GRANTEE

shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris.

GRANTEE, its agents,

successors, or assigns, shall not dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents produced or used in GRANTEE'S operations on this easement or on any adjacent state land or in any manner not permitted by law.

GRANTEE shall be liable

for all costs associated with any cleanup of the Easement Area which is a result of GRANTEE’S operations and use of the Easement Area. Upon termination or expiration of this easement GRANTEE shall restore the Easement Area to substantially the same condition it was upon the effective date of this easement. GRANTEE agrees that upon termination or expiration of this easement all authorization granted hereunder shall cease and terminate. If the Easement Area is under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 6.

RIGHT OF INSPECTION:

GRANTOR or its duly authorized agents,

representatives or employees shall have the right at any and all times to inspect this easement and the works and operations of GRANTEE in any matter pertaining to this easement. 7.

BINDING EFFECT AND INUREMENT:

This easement shall be binding on and shall

inure to the benefit of the heirs, executors, administrators and assigns of the parties hereto.

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8.

INDEMNITY:

GRANTEE hereby covenants and agrees to investigate all

claims of every nature at its own expense, and to indemnify, protect, defend, save and hold harmless GRANTOR and the State of Florida from any and all claims, actions, lawsuits, and demands of any kind or nature arising out of this easement. 9.

NON-DISCRIMINATION:

GRANTEE shall not discriminate against any

individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement. 10.

COMPLIANCE WITH LAWS:

GRANTEE agrees that this easement is contingent

upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 11.

ARCHAEOLOGICAL AND HISTORIC SITES:

Execution of this easement in no

way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes.

The collection of artifacts or the disturbance of archaeological

and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. 12.

PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES:

Easement Area is held by GRANTOR.

Fee title to the

GRANTEE shall not do or permit anything to

be done which purports to create a lien or encumbrance of any nature against GRANTOR’S fee title to the Easement Area including, but not limited to, mortgages or construction liens against the Easement Area or against any interest of GRANTOR therein. 13.

PARTIAL INVALIDITY:

If any term, covenant, condition or provision of

this easement shall be ruled by a court of competent jurisdiction to be

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invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 14.

SOVEREIGNTY SUBMERGED LANDS:

This easement does not authorize the use

of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 15.

ENTIRE UNDERSTANDING:

This easement sets forth the entire

understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 16.

TIME:

Time is expressly declared to be of the essence of this

easement. 17.

PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full

responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic’s or materialman’s liens which may be hereafter lawfully assessed and levied against this easement and which are directly occasioned by GRANTEE. 18.

RECORDING OF EASEMENT:

GRANTEE, at its own expense, shall record this

fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to GRANTOR within thirty days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. 19.

GOVERNING LAW:

This easement shall be governed by and interpreted

according to the laws of the State of Florida. 20.

SECTION CAPTIONS:

Articles, subsections and other captions contained in

this easement are for reference purposes only and are in no way intended to

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describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. 21.

SPECIAL CONDITIONS:

easement:

The following special conditions shall apply to this

None

IN WITNESS WHEREOF, the parties have caused this easement to be executed on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA _______________________ Witness _______________________ Print/Type Witness Name _______________________ Witness _______________________ Print/Type Witness Name

By:__________________________________(SEAL) CHERYL C. McCALL, CHIEF BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

“GRANTOR”

STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _____ day of ______________, 20___, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, acting as agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. ___________________________________ Notary Public, State of Florida ___________________________________ Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: ______________________________ DEP Attorney

Page 17 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

_______________________ Witness _______________________ Print/Type Witness Name

_________________________________

“GRANTEE” _______________________ Witness _______________________ Print/Type Witness Name

STATE OF FLORIDA COUNTY OF _________ The foregoing instrument was acknowledged before me this ____ day of _______________, 20__, by __________________. He/She is personally known to me or has produced ______________________ as identification. _______________________________ Notary Public, State of Florida ________________________________ Print Notary Name Commission Number:

Commission Expires:

Page 18 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

EXHIBIT "A" LEGAL DESCRIPTION OF THE EASEMENT

A 30.00 foot wide easement for ingress and egress located in Sections 27 and 34, Township 38 South, Range 25 East, De Soto County, Florida, lying 15.00 feet left and 15.00 feet right of the following described centerline: Commence at the southwest corner of Section 34, Township 38 South, Range 25 East, De Soto County, Florida; thence North along the west line of said Section 34, 4383.52 feet; thence North 86 degrees 52 minutes 43 seconds East, 1014.89 feet; thence North 00 degrees 26 minutes 47 seconds East, 824.74 feet to the centerline of said 30.00 foot wide easement and the Point of Beginning; thence South 87 degrees 56 minutes 48 seconds East along said centerline, 780.75 feet; thence South 66 degrees 36 minutes 13 seconds East along said centerline, 181.63 feet; thence South 86 degrees 36 minutes 54 seconds East along said centerline, 313.14 feet; thence South 85 degrees 52 minutes 59 seconds East along said centerline, 57.64 feet to the easterly boundary of Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Lease Number 4401 dated September 5, 2002, and the Terminus of said easement.

Revised

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10/27/2014

EXHIBIT “B” Legal Description of Grantee’s Property

Parcel 1: All of Section 34, Township 38 South, Range 25 East, Desoto County, Florida, less and except all sovereignty lands; and less and except: Those lands described in Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Deed Number 29728, being more particularly described as follows: That part of a parcel recorded in O.R. Book 86, Page 594 of the Official Records of De Soto County, Florida; being more particularly described as follows: All that portion of Section 34, Township 38 South, Range 25 East, Desoto County, Florida, lying East of the East right-of-way of State Road 31. And Parcel 2: Begin at the Northwest corner of Section 34, Township 38 South, Range 25 East, and run North along West boundary of Section 27 in said Township and Range a distance of 2065 feet to a point; thence East parallel to South boundary of Section 27 as heretofore mentioned a distance of 3570.55 feet to a point designated as center of proposed road which at this point crosses said North property line; thence North 29 degrees 30 minutes East to a point in the center of said road on described arc a distance of 70.66 feet; thence North 16 degrees 30 minutes East to another point a distance of 63.4 feet; thence North 2 degrees 00 minutes East to another point a distance of 61.4 feet; thence North 3 degrees 00 minutes West a point at the intersection of the right-of-way of State Road No. 31 (formerly Florida State Highway No. 2) a distance of 31.6 feet; thence South 42 degrees 00 minutes East along said right-of-way a distance of 1591.3 feet to a curve on said right-of-way; thence South 26 degrees 30 minutes East a distance of 100 feet; thence South 21 degrees 30 minutes East a distance of 100 feet; thence South 12 degrees 30 minutes East a distance of 100 feet; thence South 5 degrees 00 minutes East a distance of 100 feet; thence along said rightof-way in a southwardly direction a distance of 601.7 feet to a point at the intersection of south boundary line of Section 27 as heretofore mentioned and said Florida State Road No. 31 ( formerly Florida State Highway No. 2) right-of-way; thence Westerly along said South boundary line of above-mentioned Section 27 to South Quarter post a distance of 2135 feet; thence westerly a distance of 2674.8 feet to the northwest corner of Section 34, Township 38 South, Range 25 East, to point of beginning, also designating the southwest corner of above Section 27; all being and lying in Section 27, Township 38 South, Range 25 East, Desoto County, Florida, less and except all sovereignty lands. All of the lands hereinbefore described are subject to existing roads, public utilities, easements and rights-of-way, objections, encroachments and other encumbrances of deficiencies in area or description of said property which might be revealed by a title search or survey.

Page 20 of 21 Offer Number DSL-ITO-14-019 Contract Number 32727

Less and Except: A parcel of land lying in Sections 27 and 34, Township 38 South, Range 25 East, De Soto County, Florida, described as follows: Begin at the SW corner of said Section 27; thence N 00° 10’ 56” E along west line of said Section 27, 914.74 feet to Point of Beginning; thence continue same line, 1150.29 feet; thence S 89° 01’ 47” E, 2345.71 feet; thence S 11° 33’ 02 “ E, 361.79 feet; thence S 85° 03’ 56” E, 227.61 feet; thence S 00° 22’ 09” W, 301.04 feet; thence S 77° 35’ 59” W, 153.14 feet; thence S 60° 51’ 51” W, 146.40 feet; thence S 43° 39’ 00” W, 144.61 feet; thence S 27° 46’ 45” W, 153.93 feet; thence S 13° 21’ 06” W, 104.29 feet; thence S 01° 50’ 01” E, 144.925 feet; thence S 15° 14’ 18” E, 105.10 feet; thence S 28° 05’ 50” E, 127.33 feet; thence S 60° 23’ 25” W, 327.55 feet; thence S 50° 28’ 03” E, 398.22 feet; thence S 09° 42’ 09” E, 289.94 feet; thence N 85° 52’ 59” W, 61.33 feet; thence S 01° 26’ 31” W, 1375.97 feet; thence N 86° 07’ 45” W, 11.39 feet; thence S 00° 45’ 25” W, 1639.67 feet; thence S 88° 43’ 23” W, 775.69 feet; thence South, 2114.60 feet to south line of said Section 34; thence N 89° 21’ 07” W along said south line, 1435.34 feet to SW corner of said Section 34; thence North along west line of said Section 34, 4383.52 feet; thence N 86° 52’ 43” E, 1014.89 feet; thence N 00° 26’ 47 “ E, 1770.26 feet; thence S 89° 17’ 06” W, 1024.35 feet to Point of Beginning.

Revised

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10/27/2014