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HomeMy WebLinkAbout051-Airport Lease L -051 AIRPORT LEASE AGREEMENT THIS AGREEMENT, made and entered into this 13A day of (� 661j , 1996, by and between the CITY OF SANFORD, FLORIDA; a Florida Municipal Corporation, hereinafter referred to as the "City ", and the SANFORD AIRPORT AUTHORITY, an agency of the City created by Special Act of the State of Florida, hereinafter referred to as the "Authority ". WITNESSETH: WHEREAS, the Authority has been created by Special Act in Chapter 71 -924, Law of Florida, known as the Sanford Airport Authority Act hereinafter referred to as the "Act ", and WHEREAS, the City, by and through its Resolution No. 1315, gave the Authority all the rights, powers and authority necessary to operate and control the Orlando Sanford Airport, hereinafter referred to as the "Airport "; and WHEREAS, the City has determined that the Authority has been organized and is operating in such manner as to make continued control of the Airport by the Authority appropriate and desirable on a long term basis; and WHEREAS, it is the intent of the parties that this Agreement should be renewed and extended by those persons acting on behalf of the City and the Authority at the appropriate time in the future; however, the parties acknowledge that the City cannot commit to such future action; and WHEREAS, the Authority has determined that it is desirous and fully capable of controlling the Airport for the term of this Agreement. NOW, THEREFORE, the City and the Authority, for and in consideration of the promises and covenants set out below to be kept and performed, and the sums of money to be paid hereunder hereby agree that the Authority shall continue to operate and control the Airport and the Authority shall accept the control and 11 responsibility for the operation of the Airport in accordance with the terms, restrictions, limitations, qualifications, and regulations as set forth in the Act, in Resolution No. 1315, this Agreement, and any future modifications or additions to this Agreement. ARTICLE 1 LEASE AND USE OF AIRPORT The City hereby grants, transfers and conveys unto the Authority the exclusive right and jurisdiction to occupy, operate, control, maintain and use the Airport for a term of thirty -five (35) years commencing retroactively at 12:01 a.m., E.D.T., on October 1, 1995, for public airport purposes, subject to easements, deed restrictions, grant assurances with the United States, State of Florida, applicable laws, ordinances and other restrictions of record, and matters herein. It is the intention of the City to allow the Authority to occupy, operate, repair, maintain, control and use for a term of thirty -five (35) years, all land, buildings, infrastructure (including roads, sidewalks, fences, storm drainage and utilities not otherwise maintained by the City) , improvements, easements (except as hereinafter provided), rights of ingress and egress, and appurtenances thereto belonging, now used or controlled by or assigned to the Authority or future additions by the Authority, hereinafter referred to as the "Airport Property ", the same being more specifically described in Exhibit "A ". Such grant, transfer and conveyance of Airport Property includes the right of the Authority to lease to others all or portions of the Airport Property for a term including options not to exceed that authorized by Section 332.08(3), Florida Statutes or the remaining term of this Agreement, whichever is the lesser; and to allow said parties to also operate, repair, maintain and manage all or portions of the Airport Property for the same term. The City hereby covenants and agrees to be bound by such leases and those that meet said statutory term limits but which extend beyond the term of this Agreement, but only if such leases are approved in advance by the City. 2 r-, r- The City hereby leases to the Authority for Ten Dollars ($10.00) and other valuable consideration any and all rights and title heretofore in the City to all the fixtures, equipment, materials, furnishings, and all other personal property now utilized by the Authority, subject to all the terms and restrictions contained in the Quitclaim Deed between the City and the United States of America. This Agreement does not grant to the Authority the power to levy an annual tax on all taxable real and personal property subject to this Agreement. The power to levy an annual tax on all real and personal property is expressly reserved in the City Commission of the City. The Authority hereby accepts the rights and responsibilities associated with the real and personal property as described above, subject to the terms and restrictions herein. The Authority agrees to provide the management, labor, and materials necessary to continuously maintain the Airport Property improvements and infrastructure in a repaired, clean, safe and sanitary condition. The Authority shall be responsible for maintaining its equipment, fixtures, furnishings, and other property in good condition and repair. The Authority does hereby assume and accept all the duties and powers with respect to the Airport Property as are conferred upon it by the Act, unless specifically delineated otherwise in this Agreement. That portion of the Airport Property not used or needed for direct aeronautical uses may be used for nonaeronautical purposes to provide revenue or benefits to the Airport; provided, if necessary, prior approval is granted from the Federal Aviation Administration. However, no personal property shall be used, leased, sold, salvaged or disposed of for less than fair market value, except by or to the City after approval by the Federal Aviation Administration. This Agreement does not grant to the Authority, power of sale of real property currently owned by the City. The power of sale of real estate is expressly reserved in the City Commission of the City. 3 Go so The Authority, for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained, or otherwise operated on the Airport Property described in this Agreement, for a purpose for which a Federal or State Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Authority shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. The City hereby makes this paragraph a covenant running with the land. That in the event of breach of any of the above nondiscrimination covenants, the City shall have the right to re- enter said lands and facilities thereon, and the above - described lands and facilities shall thereupon, revert to and vest in and become the absolute property of the City and its assigns subject, however, to any existing agreements or leases with respect to the Airport. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. This provision shall not limit any other right the City may have pursuant to other provisions of this Agreement or the Act. The City or its agent or agents, may at any time during reasonable business hours, enter in and upon the Airport Property or any part or portion thereof to view the same or perform such services in connection therewith as may be authorized by the terms hereof, or to post such notices as may be required by law or which the City may deem to be necessary for the protection of the City or the Airport Property; PROVIDED, however, the right of entry by the City shall be subject to such reasonable and necessary restrictions as the Authority shall impose because of the security regulations 4 0 ,}-�; of the United States Government or any agency thereof. Upon the last day of the term granted, unless otherwise extended, or on the sooner termination thereof, the Authority shall peaceably and quietly leave, the City taking full possession, ownership and control of all of the funds and real and personal property of the Authority then in existence, and will utilize the same for public aviation purposes, or any other lawful public purpose, permitted under the Quitclaim Deed to the City and will fully perform all obligations theretofore lawfully incurred by the Authority, and all leases, contracts, franchises, and agreements lawfully entered into by the Authority will automatically be assigned to, and inure to the benefit of, and be binding upon the City, and all persons then employed by the Authority may become employees of, and serve at the pleasure of the City, at the sole discretion of the City. If the Airport Property is not surrendered by the end of the term, the Authority shall indemnify the City against loss or liability resulting from delay by the Authority in so surrendering the Airport Property. ARTICLE 2 SERVICES PROVIDED BY THE CITY Subject to the conditions herein, the City shall furnish such services to the Authority as specified in that certain Interlocal Agreement between City of Sanford and Sanford Airport Authority Regarding Police Services dated July 2, 1996, attached as Exhibit B. The charges and services provided for any law enforcement or other types of services set forth but not limited to those described in Exhibit B are subject to negotiation, and are or shall be a reflection of actual historic direct costs in measurable quantities and any reasonable and appropriate related indirect costs to enable the City to provide such services. If written notice of a desire to negotiate is given to the other party 120 days prior to the beginning of each fiscal year, the parties shall renegotiate the charges and services, otherwise the services and charges shall remain the same. If proper notice is given, nothing herein shall preclude the Authority from furnishing the services of 5 1 Exhibit "B" on its own behalf or through selected service providers, or preclude the City from withholding the services. Notwithstanding anything in this Agreement to the contrary, all payments to the City hereunder must be in an amount equal to the fair and reasonable cost of such services, as required by the Federal Aviation Administration. Should the Federal Aviation Administration object to the payment agreed to by the City and the Authority, either party may terminate the services upon thirty (30) days prior written notice. ARTICLE 3 POLICE AND FIRE PROTECTION Following the effective date of the Agreement, and following a joint determination that the need for police or other services on Airport Property warrants creation of an Airport police department or other service department on a full time basis, the City will proceed to consider adoption of an ordinance empowering the Authority to provide security and law enforcement services, fire protection, crash rescue or other services for the Airport. The City cannot commit to adoption of such an ordinance at this time. The Authority shall be obligated to obtain full independent certification before providing any such services. ARTICLE 4 AIRPORT RULES AND REGULATIONS Subject to the approval of the City, which approval shall not be unreasonably withheld, the Authority shall have the right to adopt such rules, regulations and ordinances as are reasonable and necessary to the effective use and operation of the Airport, and which shall apply only to the Airport Property described in Exhibit "A ". The City agrees to consider adoption of such rules, regulations and ordinances, if such is required by law, for enforcement of same by the Authority. ARTICLE 5 UTILITY EASEMENTS The City hereby retains the right of access under and through all parcels or tracts of the Airport Property on or under which E go 50 currently exists any lines, pipes or other appurtenances to the utility services that serve the Airport Property and which are owned by the City, or where future utility lines or services are deemed necessary by the City in its sole judgment, however, subject to approval of the Federal Aviation Administration, if necessary. The City also agrees to relocate any such lines or services as reasonably required by the Authority to develop the Airport, at the cost of the Authority. The right of access reserved is more particularly described as the right and privilege of the City to maintain its lines, pipes and other appurtenances under and through the Airport Property, with the privilege of entering upon said land for the purposes of maintaining, operating and repairing said lines, pipes and other appurtenances, together with the rights, easements, privileges and appurtenances in or to said land which may be required for the full enjoyment of the rights herein granted, subject to such reasonable and necessary access rules as may be required by Airport security regulation or Federal Aviation Administration requirements. ARTICLE 6 FEDERAL AND STATE GRANTS AND AGREEMENTS The Authority hereby expressly agrees to be bound by and to fully perform all covenants and duties made or incurred by the Authority in connection with all federal and state grants obtained by the Authority in connection with the Airport. The Authority shall indemnify, defend, and save harmless the City, its authorized agents and representatives from any penalties for violation of any of the said covenants or duties, and from any and all claims, suits, losses, or damages of whatsoever kind or nature arising directly or indirectly out of the operations of the Airport by the Authority, resulting from the carelessness, negligence, or improper conduct of the Authority, or any of its agents or employees. A determination by the federal or state government or any agency thereof, that there exists a default under any grant or conveyance of surplus property shall be considered a default of a material provision of this Agreement for the purposes of ARTICLE 9. 7 W The City and the Authority agree that they will cooperate in seeking federal, state, local and private grants and economic development assistance and where necessary, provided approval is obtained by both the City and the Authority, they will execute applications as necessary and will administer existing grants in conformity with the terms of said grants in such a way as to comply with the grants. The City agrees that for purposes of soliciting and receiving any federal or state grants that the Authority shall be deemed to be an agent for the owner of the Airport Property. ARTICLE 7 BUDGET The Authority will operate within and in accordance with the budget of the Authority approved by the City for fiscal 1995 -1996 and such budget shall constitute the budget of the Authority for such period, unless and until amended. Any expenditure of funds not included in the budget for the 1995 -1996 fiscal year must be approved by the City. The Authority annually shall continue to submit its annual budget to the City for approval prior to final approval of the budget of the City. The proposed budget shall be presented in accordance with generally accepted accounting principles and Florida Statutes. The City shall at all times have access to the books and records of the Authority for any lawful purpose. The Airport Authority shall have an annual audit, prepared by a certified public accountant as required under Florida Statutes §11.45. Such audit shall be completed timely to meet the City's audit schedule. ARTICLE 8 AIRPORT BONDS The Authority expressly agrees to be bound by, and to fully perform all covenants and duties made or incurred in connection with its issuance of all of its airport bonds now outstanding, including the covenants included within any trust agreements executed by the Authority contemporaneously with its issuance of such bonds. The Authority hereby expressly agrees to be solely responsible F" to perform all covenants and duties made or incurred in connection with said bonds and trust agreements and shall indemnify, defend and save harmless the City, its authorized agents and representatives, from any penalties for violation of any of the said covenants or duties, and from any and all claims, suits, levies, or damages of whatsoever kind or nature arising, resulting from the carelessness, negligence, or improper conduct of the Authority or any of its agents or employees. The Authority shall notify the City in writing at least thirty (30) days prior to issuing any Airport bonds in the future. ARTICLE 9 TERMINATION AND OTHER REMEDIES This Agreement is subject to termination by the City if the Authority shall be in default of any of the material provisions set forth herein, or of any of the material provisions of the Act, and if such default shall have continued for thirty (30) days following the Authority's receipt of the City's written request to cure, unless within such thirty -day (30) period the Authority shall have initiated a plan for curing such default and the same cannot reasonably be cured within said thirty (30) day period. In the event of such termination, the City will take full possession, ownership and control of all of the funds and real and personal property of the Authority then in existence, and will utilize the same for public aviation purposes, or any other lawful public purpose, and will fully perform all obligations theretofore lawfully incurred by the Authority; and all leases, contracts, franchises, and agreements lawfully entered into by the Authority will automatically be assigned to, and inure to the benefit of, and be binding upon the City, and all persons then employed by the Authority will become employees of, and serve at the pleasure of the City. The City may, if it so elects, pursue any other remedies provided by law for the breach of this Agreement or any of its terms, covenants, conditions or stipulations. No right or remedy herein conferred upon or reserved to City is intended to be 0 r-*, exclusive of any other right or remedy hereunder given, or now or hereafter existing at law or at equity or by statute. The acceptance of anything by the City, whether in a single instance or repeatedly, after knowledge of any breach hereof by the Authority, or the giving or making of any notice of demand, whether according to any statutory provision or not, or any act or series of acts except an express waiver in writing, shall not be construed as a waiver of the City's right to act or of any other right given the City or as an election not to proceed under the provisions of this Agreement. ARTICLE 10 LIABILITIES The Authority assumes and is responsible for, and shall indemnify, defend, and save harmless the City, its authorized agents, representatives and employees, against all claims and demands of all parties whatsoever for damages or for compensation for any injuries or accidents of whatever nature or kind, to persons, animals or property, or for the violation of any law, ordinance or regulations, due or claimed to be due, either directly or indirectly, to the Authority's operations or to the act or omission of the Authority, its subcontractors, agents, or employees, and the Authority shall pay all judgments obtained by reason of such accidents, injuries or damages, or of infringements of patents or trademarks as specified in suit or suits against the City, including all legal costs, court expenses and other like expenses. Further, the Authority assumes and is responsible for environmental claims, hazardous waste claims, and other associated responsibilities, including defense of claims, payment of clean up costs, and other associated expenditure. ARTICLE 11 INSURANCE The responsibility for securing and maintaining all necessary insurance for the Airport for the protection of the City against damages to its property and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to 10 or recovered from the City, by reason of damage to the property of, injury to or death of any person or persons on account of any matter or thing which may occur on the Airport Property shall be assumed by the Authority. The policies secured by the Authority shall include a provision that no cancellation shall become effective prior to thirty (30) written days' notice to the City. It is further agreed that any major modification to the current insurance coverage provisions shall require written approval of the City, which approval shall not be unreasonably withheld. Initially, the Authority shall maintain liability coverage for property damage to others and personal injury to persons with limits of not less than $1 Million Dollars ($1,000,000) and for casualty damage to property equal to full insurable value. The City shall have thirty days within which to approve or disapprove such requests. Failure by the City to respond within thirty days shall constitute approval. Requests for City approval shall be directed to the City Manager of the City. All policies shall include a provision that the City shall be notified in writing at least thirty (30) days prior to any modification or cancellation thereof. ARTICLE 12 LAWFUL USES The Authority agrees that in its use of the Airport Property it will comply with all present and future valid laws, ordinances and regulations of the Federal government, State of Florida, County of Seminole, City of Sanford, and agencies thereof relating to the occupancy or use of the Airport Property and relating to the activities and operations to be performed thereon and that it will not use the Airport Property or allow it to be used for any illegal, unsafe or immoral purposes. In this regard, the City agrees to cooperate with the Authority and to consider ordinances that may be desirable to protect the Authority from any suits, from the operation of the Airport regarding aircraft noise and to protect the airfield clear zones outside the Airport Property as recommended and set forth in the airport layout plan of the 11 1000., Airport, as amended, and as approved by the Federal Aviation Administration. ARTICLE 13 CITY MEMBERSHIP ON AUTHORITY The Authority agrees to join the City to support new legislation to amend the Act to provide for a City Commissioner of the City to serve as a member of the Authority. In the interim, a City Commissioner of the City shall be entitled to sit as an ex- officio (non- voting) member of the Authority. ARTICLE 14 FORCE MAJEURE The performance of all covenants herein contained shall be postponed and suspended during such period as the performance thereof is prevented by acts of God, weather and conditions arising therefrom, strikes, boycotts, lockouts and other labor troubles, riot, fire, earthquake, flood, storm, lightning, epidemic, insurrection, rebellion revolution, civil war, hostilities, war, the declaration or existence of a national emergency and conditions arising therefrom, the exercise of paramount power by the Federal government, either through the taking of the Airport Property or the imposition of regulations restricting the conduct of activities thereon, acts of enemies, sabotage, interference, restriction, limitation or prevention by legislation of the federal or state government, decree or order of any court of competent jurisdiction, inability to secure labor or adequate supplies or materials, products or merchandise or any other delay or contingency beyond the reasonable control of the City or the Authority. ARTICLE 15 PROVISIONS OF AGREEMENT SEVERABLE If any article, section, subsection, sentence, clause, phrase or portion of this Agreement is for any reason held invalid, unconstitutional, or in conflict with any existing law or ordinance by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such 12 la IQ holding shall not affect the validity of the remaining portion hereof. Nothing herein, however, shall be construed to prevent the City from enacting the provisions of ARTICLE 9 to terminate this Agreement if the Authority is unable to fulfill a material provision of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their authorized representatives as of the date first above written. Witne e : G Attest:`- Witnesses: CITY OF SANFORD, FLORIDA di i , j2A BETTY D. SMITH, Mayor Approved as to form and legibility jl /Z 1996. City Attorney City of Sanford, Florida Approved as to form and legibility Au ( Y U Sr G , 1996. Authori�e� 13 4". ©3 99, 7 RESOLUTION NO. 1315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, DESIGNATING SANFORD AIRPORT AUTHORITY, A PUBLIC BODY POLITIC AND CORPORATE, AS THE AGENT OF SAID CITY FOR THE PURPOSES OF CONTROL, DEVELOPMENT, OPERATION AND MAINTENANCE OF SANFORD AIRPORT AND ALL RELATED FACILITIES PURSUANT TO CHAPTER 71 -924, LAWS OF FLORIDA ACTS OF 1971, AND RATIFYING ALL ACTIONS OF SANFORD AIRPORT HERETOFORE TAKEN. WHEREAS, by deed dated September 4, 1969, the United States of America conveyed to City of Sanford, a municipal corporation, the real properties, improvements and facilities formerly constitut- ing Naval Air Station, Sanford, Florida, and now known as Sanford Airport, said deed recorded in Official Records Book 743, page 499, Seminole County Public Records; and WHEREAS, in order to effectively operate, maintain and develop said airport and the industrial properties included therein, the City of Sanford sponsored and caused to be enacted Chapter 71- 924, Laws of Florida Acts of 1971, which created Sanford Airport Authority; and WHEREAS, the City of Sanford implemented said act by appoint- ing the first members of the governing board of Sanford Airport Authority delegating to said Authority the responsibility for the operation, development, maintenance and improvement of said airport property, its improvements, facilities and industrial area; and WHEREAS, said Sanford Airport Authority has since August 31, 1971, pursuant to said delegation of authority, operated, maintained, improved and developed said airport property and more particularly the industrial areas thereof which has included but not been limited to leasing of industrial facilities, construction of industrial build- ings for lease and financing of the same; and WHEREAS, although Sanford Airport Authority has been operating pursuant to such delegation there is nothing appearing in the Public Records of Seminole County, Florida, which gives to Sanford Airport Authority the right to exercise such jurisdiction over said airport and its properties; and WHEREAS, in connection with previous financing, leasing, and industrial development as well as present financing including but not limited to industrial revenue bonds pursuant to Chapter 159, Florida Statutes, it is necessary that the authority delegated by City of Sanford to Sanford Airport Authority appear as a matter of public record; NOW, THEREFORE, BE IT RESOLVED by the City of Sanford, Florida that as of August 31, 1971, City of Sanford, Florida delegates unto Sanford Airport Authority all of the rights, powers and authority necessary for Sanford Airport Authority to exercise the control and jurisdiction over the properties comprising Sanford Airport and as described in the above - referenced deed from the United States of America to City of Sanford pursuant to Chapter 71 -924, Laws of Florida Acts of 1971, said City of Sanford by these presents constituting said Sanford Airport Authority as its agent for such purposes. BE IT FURTHER RESOLVED that all actions taken by Sanford Air- port Authority in connection with the above- described properties and the development thereof including but not limited to resolution dated the 14th day of July , 1981, relating to leasing and financing for AMF, Incorporated, and resolution dated the 13th day of October, 1981, relating to leasing and financing for Scotty's, Inc., be and the same are hereby ratified and confirmed. BE IT FURTHER RESOLVED that the aforesaid delegated authority granted to Sanford Airport Authority shall continue until the same go is revoked by appropriate resolution when said resolution is recorded in the Public Records of Seminole .County, Florida. PASSED AND ADOPTED this 4th day of December, A.D., 1981. CITY OF SANFORD, FLORIDA Attest: s/ H. N. Tam, Jr. H.N. Tamm, Jr., City Clerk By s/ Lee P. Moore Lee P. Moore, Mayor 3 1 I EN ROL4E[3 1 CHAFF 71- 921 2 3 ,?390 A bill to be entitled 4 An act relating to Seminole County; creat- 5 ing and establishing a special district in 6 said county to be known and designated as the 7 Sanford Airport Authority; provi_ding,defini- 8 tions and defining the territorial boundaries 9 of said district; providing for the govern - 10 mental body of said district and membership 11 thereof; conferring upon said district the 12 authority to acquire, finance and operate 13 an airport or airports within the boundaries 14 of said district; authorizing said district 15 to issue revenue bonds or other obligations 16 to finance the various projects that the dis- 17 trict is authorized to undertake; providing 1 for the payment of the expenses of the d.is- 19 trict out of the general fund of the City of 20 Sanford; authorizing said district to con- 21 tract with governmental agencies; providing 22 that the district shall have power to enter 23 into contracts, leases, mortgages and other D 24 agreements and to exercise all incidental i 25 powers necessary to carry out the purposes ' 26 of this act; providing for financial reports ., 27 and budget procedure; a i.,g the lc -, iAl 28 of an ad valcrCm tax; pro..d.PS said district .. 29 shall not ba required to pay - taxes or assess- 30 ments on its property except as may be required 31 : a90 1 1 by the Florida Constitution; providing 2 an effective date. 3 Be It Enacted by the Legislature of the State of Florida: 4 section 1. Short title.--This act may be cited as 5 the "Sanford Airport Authority Act." 6 Section 2. Definitions.--When used in this act 7 unless a different meaning appears clearly from the con- 8 text: 9 (1) "Authority" means the Sanford Airport Authority 10 created as a special,district by this act. 11 (2) "Project" means and includes: 12 (a) An airport or airports runways., taxiways, air . 13 navigation facilities, maintenance and service facilities 14 passenger terminals., buildings and structures_, and all 15 appurtenant and related facilities necessary or convenient 16 for the complete management, operation and maintenance of 1 .17 such airport airports, and related facilities, and 18 (b) Industrial and manufacturing plants including 19 water sewage, pollution and waste control facilities and 20 all appurtenant facilities for the complete operation 21 thereof and such other capital projects as may otherwise 22 be provided or authorized by the. Florida Industrial Devel- 23 opment Financing Act and other applicable general laws, 24 all appurtenant to and located on said airport. 25 (3) "Cost of project" embraces the cost of con- • 26 struction, the cost of all lands, properties, easements 27 rights and franchises acquired, the cost of machinery and 28 equipment., all improvements, financing and refinancing IV 29 charges interest prior to and during the construction 30 2390 31 2 1 and for a period of time after such construction, cost of 2- engineering, architectural and legal expense, and plans 3 and specifications and other expenses necessary or inci- 4 dent to determining the feasibility or practicability of 5 the project, administrative expenses, and such other ex- 6 penses as may be necessary'or incident to the financing 7 herein authorized for the construction of any project, the 8 placing of same in operation, and the leasing, renting or 9 sale thereof. 10 (4) "District," unless the context indicates other- 11 wise, means the special district created by this act to 12 be known as the Sanford Airport Authority and the terri- 13 tort' included within the special district. 14 Section 3. Authority, creation and purpose.- -For 15 the purpose of performing such acts as shall be necessary 16 for the sound planning for, and development and mainte- 17 nance of an airport for the City of Sanford and the terri- 18 Cory included within the district, including industry, 1 9 commerce and business necessary and incidental thereto, a 20 special district is hereby created and incorporated, to be 21 known as the Sanford Airport Authority, in Seminole County, 22 which special district shall be a public body corporate 23 and politic and shall embrace and include the corporate 24 limits of the City of Sanford and the territory en- 25 compassed within such corporate limits. 26 Section 4. Membership, appointment, terms o � 2 7 office.- -The governing board of the authority shall be .. 28 composed of not more than nine 9 p (�) members,. and not less 29 than five (5) members, each of tiahom shall be a resident 30 2390 31 3 1` and elector of Seminole County. The authority members 2 shall be appointed by the city commission of the City 3 of Sanford, in the following manner and for the follow- in g terms: One (1) member shall be appointed for an 5 initial term of one (1) year; one (1) member shall be 6 ��ol tcd for an initial term of two (2) years; one (1) 7 i t� c sha11 be appointed for an initial term of three 8 (3} years; and two (2) members shall be appointed for 9 an initial term of four (4) years: Thereafter, all 10 successive appointments shall be made for four ( 11 year terms. The foregoing applies in the event five 12 (5) members are appointed to the authority. In the 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 event more than five (5) such members are appointed, the initial terms shall be such that a majority of said board will not be appointed in any one (1) year, and all successive appointments shall be made for four (4) year terms. All terms of members shall be meas from the date this act becomes a law. Any member of authority may be removed by the City of Sanford for misfeasance, malfeasance or willful neglect of duty. Section 5. Chairman, vice - chairman and airport manager.- -The authority shall appoint its chairman, a vice - chairman, a secretary, such other officers as the authority shall deem advisable, and an airport manager who shall serve for such terms and for such remunera- tion as may be provided by the authority. Section 6. Quorum., transaction of business. - -A. majority.of the members of the authority qualified and serving shall constitute a quorum for the transaction of the business of the authority. Section 7. Meeting; rules of procedure. - -As s= 4 2390 - I as practicable after this act shall take effect, the 2 authority shall meet and arrange a time for holding meet - 3 i.ngs of the authority. It may 'adopt such rules.of organ-f- 4 zation and procedure as it may deem necessary and expedi- 5 ent. 6 Section 8. Duties. - -It shall be the duty of the 7 authority to make a study of the advantages, facilities, 8 resources, products, attractions, conditions and all other 9 data concerning the district with relation to the airport " 10 and air navigation needs, and for the development, eon- 11, struction, operation and maintenance of airports and re- _ 1.2 lated facilities, and the encouragement of industry to 13 locate on the airport in the district; to use such means 14 and media as the authority deems advisable to publicize 15 and to make known such data and material to such.persons, 16 firms, corporations, agencies and institutions which, in 17 the discretion of the authority, would reasonably result 18 in encouraging industry to locate on and use the airport; 19 to cooperate with any and all other governmental agencies 20 in accomplishing this purpose and to do all other things 21 it deems advisable in its effort to effectively maintain 22 an airport and the location of industry thereon. The en- 23 couragement of the above - mentioned in the manner contem 24 plated by this act is hereby declared to be a valid dis- ... 25 trict, municipal and public purpose. 26 Section o. Expenses; gifts. - -The city commission 27 of the City f Sanford hereby authorized to Y Y pay the ex- 28 penses of the authority and the cost of carrying out the 29 purposes of this act out of the general fund of the city. ° 30 31 _ 5 1 In addition to the funds received from the general fund 2 of the city provided for herein, the authority ,shall be 3 empowered and authorized to accept, receive and expend, 4 for carrying out the purposes of this act, such sums as 5 may be offered as gifts, donations, grants or bequests, 6 from any source whatever. 7 Section 10. Lease of municipal property for air - 8 port and industrial purposes.- -The city commission of the 9 City of Sanford is hereby granted the power to lease or 10 sell to the authority any municipal property which, in the 11 reasonable discretion of the governing body, is not needed 12 for municipal purposes. 13 Section 11. Powers. - -The Sanford Airport Author- 14 ity shall have the following powers: 15 (1) To have a seal and alter the same at pleasure 16 and to sue and be sued. 17 (2) To acquire, hold and dispose of personal prop - 1 8 erty and real property for its corporate purposes. 19 (3) To enter into contracts with the City of 20 Sanford and other governmental agencies and subdivisions 21 of Florida and of the United States. 22 (4) To acquire property,.real and personal, for 23 the purpose of establishing, constructing, enlarging, 24 managing, and operating airports, runways, navigational 25 facilities, buildings, structures, industrial parks, 26 passenger terminals, fuel storage facilities, roadways, 27 taxiways, utility systems, and all other facilities and 28 improvements necessary or desirable for the servicing of 29 aircraft, the comfort and accommodation of air travelers, 30 e2390 31 r.. D• C.• 1 and the operation of said airport facilities for both 2 foreign and domestic air transportation. 3 - (a) The authority may acquire by the power of 4 eminent domain land and the improvements thereon only for 5 public airport purposes in the manner provided by chapters 6 73 and 74, Florida Statutes, and other applicable laws. 7 In addition to acquiring land for airport purposes by 8 eminent domain, the authority may also acquire land and 9 other property for airport purposes by grant, donation, 1.0 purchase, or lease in the manner otherwise provided.,in 11 this act for other projects. 12 (b) The authority may establish such rates, 13 charges, and user fees for use of airports and airport 14 facilities as the authority deems necessary. 15 (c) The authority may also construct or provide 16 for the construction of such special purpose facilities 17 as are usually provided for the repair and servicing of 18 aircraft and for the comfort and convenience of the public 19 including but not limited to fueling equipment and stor- 20 age, concessions, restaurants, food and beverage facili- 21 ties, hotels and other lodging facilities, parking lots, 22 and similar facilities. The authority may lease or sell 23 such special purpose facilities to private operators or 24 concessionaires or such facilities may be operated by the ;. 25 authority in,its discretion. 26 (d) In the operation and management of the air- 27 ports, the authority may employ such managers, super- � 28 visors, technicians, and other personnel as may be neces- ' 29 sary for the economical and efficient management thereof, •• 30 24390 31 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 and shall have the power to -adopt rules and regulations with reference to all projects and matters under its con- trol. All rules and regulations of the authority shall be a matter of public record, and copies thereof shall be dispensed by the authority at cost to all applicants there- for. (e) In acquiring property from the City of Sanford or from any public agency for airport purposes or in the operation of any airport, the authority shall have full power to contract with the Federal Aviation Author- ity or any federal agency exercising any function with respect to aviation, air navigation, or air transporta- tion, and the authority shall have full power to abide by all rules and regulations of such federal agencies includ- ing the uses to which land may be put and the operation of airports, air navigation facilities, and aircraft. The authority shall further have power to assume any obli- gations, covenants, or agreements heretofore imposed by any governmental. agency by deed, deed restriction or con - tract on the City of Sanford, or any other governmental agency therein with respect to airports or aviation. (f) The authority in the acquisition, financing and operation of airports and air navigation facilities may exercise the authority and powers provided for cities, counties, villages, or towns of Florida by chapter 332, Florida Statutes, known as the Airport Law of 1945• (g) The authority may advertise and publicize the use. of any airport operated by it and may expend its 2390 funds for such purposes. .1 (h) The authority shall have full power to 2 finance or refinance the acquisition or construction of 3 airport projects by issuing its revenue bonds or other 4 debt obligations in the manner provided by chapter 332, 5 Florida Statutes, Imown as the Airport Law of 1945, or as 6 provided by any other applicable general law. 7 (5) To select and appoint agents and employees, 8 including engineers, architects, appraisers, realtors, 9 financial consultants, accountants, and attorneys, and to 10 fix their compensation. 11 (6) To make contracts, and to execute all instru- 12 ments necessary or convenient, including contracts for 13 construction, lease, rental and sale of projects or con- 14 tracts with respect to the use of projects which it erects 15 or acquires. 16 (7) To borrow money for any of its corporate pur- 17 poses and to execute notes, mortgages, deeds to secure 18 debt, trust deeds, trust agreements, and such other in- 19 struments as may be necessary or convenient to evidence 2 and secure such borrowing. 21 (8) To construct, acquire, own, maintain, extend, 22 improve, equip, operate and manage projects located on 23 property owned or leased by the authority, and to pay the 24 cost of any such project from the proceeds of revenue 25 bonds of the authority. _•• 26 (9) To exercise any power granted by the laws of Q '• 27 Florida to public or private corporations performing 28 similar functions which is not in conflict with the Con- 29 stitution of Florida and to do all things necessary or 30 2393 31 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 convenient to carry out the.powers expressly conferred by this act. Section 12. Financial reports; audits. -- (1) The authority shall on or before November 30 of each year file an annual financial report for the fiscal year ended September 30 immediately preceding with the city commission of the City of Sanford. The authority shall on or before August l of each year submit to the city commission a detailed budget for its operations in the succeeding fiscal year beginning October 1. The'au- thority shall with the city commission fix a date and time on or before August 31 fora public hearing on the budget of the authority, notice of which hearing shall be adver- tised one (1) time in a newspaper of general circulation published in Seminole County. The authority and the city commission shall meet upon the date fixed in the advertis -I ment and from day to day thereafter if deemed necessary for the purposes of holding such public hearing and makings whatever revisions in the budget as are deemed necessary. The city commission after its examination of the author - ity's budget and pursuant to the public hearing thereon . may approve or disapprove the budget of the authority. Upon approval by the city commission, the budget shall become fixed and the total thereof may be amended by the city commission. All expenses incurred for the fiscal year for which the budget is made shall be vouchered and charged on the financial records against the budget of that year; and to carry out this provisioin the authority may hold its books open for thirty (30) days after the 2.'390 10 • 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 " 22 23 24 25 26 27 28 29 30 31 expiration of the fiscal year. It is unlawful for the authority to expend or contract for expenditures in any fiscal year more than the amount budgeted for each item, and in no case shall the total appropriations be exceeded. It is unlawful for the authority to incur indebtedness against the authority in excess of the expenditures pro- vided in said budget, or to pay any illegal charge against the authority, or to pay any claim against - the authority not authorized by law, and any member of the authority concurring in any such act shall be guilty of malfeasance in office, and subject to suspension and removal from office. The city commission may levy an annual tax on all taxable real and personal property in the district herein created 'in the budget amount so approved by the city commission, for the necessary operating and adminis- trative expenses of the authority and for the construe- tion, operation, maintenance, enlargement, expansion, im- provement or development of any project or projects here- in specified. (2) The levy, collection and expenditure of such taxes is hereby declared to be for a lawful municipal and district purpose. (3) The tax assessor and tax collector shall, when requested by the authority, prepare from their of- i fisial records and deliver to the authority any and all information that may be requested at any time regarding the tax valuations, levies, assessments or collection. (4) misfeasance, malfeasance or nonfeasance or .° any act of impropriety reflecting upon the authority shall 2290 11 4. 1 2 3 4 5 6 7 _8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be cause for the suspension or removal of any member of the authority, which removal may be effected by four fifths (4/5) vote of the city commission. Section 13. Notice of meetings. - -The authority shall give notice of its proposed meetings by publication in a newspaper in Seminole of the place and time of such meeting at least forty -eight (48) hours prior thereto; provided, however, that failure to publish such notice shall not affect the validity of any proceedings had at any such neeting, and further provided that in case of emergency meetings such notice may be waived by a vote of two thirds (2/3) of the members of the authority. Section ltd. Creation of state, municipal or dis- trict debts; prohibited. - -The authority shall not be em- powered or authorized in any manner to create a debt as against the state or City of Sanford or the authority. All such revenue bonds or debt obligations shall contain on the face thereof a statement to the effect that neither the state nor the authority shall be obligated to pay the same or the interest thereon except from revenues of the project or the portion thereof for which they are issued and that neither the faith and credit nor the taxing power of the state or of any political subdivision there- of is pledged to the payment of the principal of or the interest on such bonds. Section 15. This act, being for the purpose of developing and promoting the public good and the welfare of the City of Sanford, the territory included in the special district, and the citizens, inhabitants and 2390 12 a e fi,• 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 taxpayers residing therein,"shall be liberally construed to effect the purposes of the act. Section 16. The powers conferred by this act shall be in addition and supplementary to existing powers and statutes, and this act shall not be construed as repealing any of the provisions of any other law, general or local, except as herein provided, but to provide an alternative for the exercise of the powers granted in this act. Section 17. The state does hereby pledge to and agree with the holders of any debt obligations issued under this act, and with those parties who may enter into contracts with the authority pursuant to the provisions of "this act, that the state will not limit or alter the rights hereby vested in the authority until such obliga- tions, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority. Section 18.. The exercise of the powers granted by this act in all respects will be for the benefit of the people of the state, for the increase of their industry and prosperity, and for the improvement of their health and living conditions, and for the provision of gainful employment, and will constitute the performance of essential public functions, and the local agency shall not be required to pay any taxes on any project or any other property owned by the local agency under the pro- visions of this act or upon the income therefrom, and the bonds issued under the provisions of this act, their transfer, and the income therefrom (including any profit 24390 13 - 1 made on the sale thereof) shall at all times be free from 2 taxation by the state or any local unit or political sub- 3 division or other instrumentality of the state. 4 Section 19. The authority shall be endowed with 5 and authorized to exercise all the powers in connection 6 with the authorization, issuance and sale of revenue bonds 7 to finance the cost of capital projects conferred on coup- 8 ties, municipalities, special districts and other local 9 governmental bodies by the Florida Industrial Development 10 Financing Act and all of the privileges, benefits, powers 11 and terms, including definitions, of such act shall be 12 fully applicable to the authority. 13 Section 20. The provisions of this act are severa- 14 ble, and if any of its provisions shall be held unconsti- 15 tution<al by any court of competent jurisdiction, the de- 16 cision of such court shall not affect or impair any of 17 the remaining provisions. 18 Section 21. This act shall take effect upon 19 becoming a law. 20 2393 21 22 Became a law without the Governor's approval. 23 Filed in Office Secretary of State _ ��_ 0 197,1 24 .. . a . 25 26 27 M, a 28 29 <... 30 31 14 �_ _. N, .. ",: L - sue. t AN AMENDMENT TO THE CITY OF SANFORD / SANFORD AIRPORT AUTHORITY AGREEMENT REGARDING POLICE SERVICES This Amendment is made and entered into this aye day of " 199�> and is to that certain Agreement made and entered into on the 5th day of July, 1994 by and between the City of Sanford, hereinafter, the `C'ITY" and the Sanford Airport Authority, hereinafter, the "AUTHORITY". WITNESSETH: WHEREAS, the `Y'ITY" and the `AUTHORITY" entered into the above referenced Agreement on July 5, 1994, to provide Airport Police services and Police services in Sector 5 of the Sanford Police Department service area; and WHEREAS, the parties desire to amend the Agreement dated July 5, 1994; and WHEREAS, the `CITY" and the "AUTHORITY" have agreed that commencing on or about April 9, 1995 through September 30, 1995 and for Fiscal Year 1996/97, the City of Sanford _ Police Department will provide four (4) sworn officers, certified by the City of Sanford and Florida Department of Law Enforcement, to conduct and provide all required police functions within the Orlando - Sanford Regional Airport area. It is recognized that the requirement for FY 1996/97 may, in fact, be even greater subject to future development. 1. COMMAND AND CONTROL. Command and control of police for the Airport shall be vested in the existing command structure of the City of Sanford Police Department at all locations within the authority of the Orlando /Sanford Airport, except during airfield emergencies during which times police shall be responsive to the Director of Aviation or his designee in accordance with the approved security plan. (Amendment to Airport Police Services Agreement) DATE 6:x_ --- 26 Page -t - ITEM EXHIBIT " 8" S At locations within the Airport requiring special operations as designated by the Authority, Federal Aviation Administration and/or U.S. Customs; Airport management shall have general control and directive responsibility through the on -duty Commander or his designee for the conduct, disposition and activities of the police officers. Such general direction shall be outlined in the Authority's Emergency Plan and Security Plan approved by the Federal Aviation Administration, and shall be exercised through the Sanford Police Department command structure. 2. PAYMENT SCHEDULE FOR POLICE SERVICES Additional cost elements addressed on Attachment "A" hereto, shall be funded to the City by the Authority for the remaining part of Fiscal Year 1995/96. Cost elements addressed on Attachment `13:" hereto shall be applicable for Fiscal Year 1996/97. Costs identified, based upon a four (4) full -time officer requirement, shall be subject to adjustment during Fiscal Year 1996/97 should the Airport requirement, in fact, exceed four- (4) full -time officers. 3. SPECIAL FUNCTIONS OF CITY POLICE OFFICERS ON THE AIRPORT PROPERTY Subject to funding by the Authority, the City of Sanford shall provide as needed police services per Federal Aviation Regulation FAR Part 107 and the Airport Authority Security Program at Orlando Sanford Airport, including the security screening checkpoints, the security identification (SIDA) area, and all other areas covered under FAR Part 107. Likewise, the City shall provide backup police support to the U.S. Customs Service as required by the Customs Service. Any additional fees, charges overtime of special duty fees will be at the standard rates of pay schedule as designated by the City of Sanford, with the exception of Special Details, which is currently scheduled at $18.00/hour with a three (3) hour minimum. (Amendment to Airport Police Services Agreement) Page -2- el r+, Insurance deductibles for claims or lawsuits brought against the City or officers while performing FAR Part 107 duties shall be reimbursed to the City by the Authority. The on -duty City police officers shall be under the guidance and direction of the Director of Aviation or his designee, with respect to areas of emphasis or need on Airport property. Applicable functions, including the following shall be performed: A) Four (4) police officers will be assigned on a rotating 12 -hour shift, providing security for designated checkpoints as required under FAR Part 107 and'' in accordance with approved Airport Authority Security Program. This required function will require mandatory training by Authority staff. B) In the event of an emergency /mishap on the airfield, secure all gates and insure that only required vehicles and personnel are permitted onto the Airport Operating Area (AOA), as directed by the Director of Aviation or his designee. C) Except as otherwise provided in the SAA Emergency Plan, during those times when there is a limited or reduced need for two (2) police officers in the terminal vicinity, the Director of Aviation or his designee through the on duty Commander, may request Airport police officers to perform routine perimeter checks, door checks, meeting and greeting of light aircraft, curbside and parking lot patrol to ensure parking is consistent with airport guidance, and positive control and direction of pedestrian crosswalks, or response to other incidences or requests for service on Airport property. (Amendment to Airport Police Services Agreement) Page -3- U r^1. la D) During each month, a monthly activity report shall be provided the Director of Aviation by airport police, indicating all arrests; firearm and drug seizures, and other reportable incidences, requiring police services during the previous month. The report shall be due by the last day of the month, reflecting the previous month's activity. 4. EFFECTIVE DATE This Agreement shall take effect upon the date that it is executed by both parties hereto. IN WITNESS WHERETO, the parties have made and executed this Agreement Amendment on the date first written above. ATTEST: SMITH, S ORD. 'T 4 . D. i 1 REGIONAL AIRPORT ( SEAL ) Attachments 0 Date: (Amendment to Airport Police Services Agreement) Page -4- AT TACHMENT " A " ORLANDO- SANFORD REGIONAL AIRPORT 1995196 POLICE BUDGET ADDENDUM TOTAL (1) Additional Officer from 5/1/96- 9/30/96= $18,640.00 Additional Officer Salary $8,817 Overtime 308 Incent.Pay 200 Firearms Pay 30 ICA 581 Medicare 136 Pol.Ofc.Ret. 882 Med/Life In5, 842 Pub .iability 688 Uniforms /Eauip 5,060 Gasoline 380 yeh.Repair 500 Radio 216 $18,640 TOTAL (1) Additional Officer from 5/1/96- 9/30/96= $18,640.00 AT TA CHME NT " B " ORLANDO— SANFORD AIRPORT 1996/97 POLICE BUDGET TOTAL (4) officers $192,791 (1) Replacement vehicle 20,440 TOTAL FY96/97 $213,231 OFC.SKIBA OFC.JOHNSON OFC.JANKOWSKI Salary z $32,540 $32,540 $32,540 Oyertime e 1,136 1,113 1,136 Inent.Pay 1,560 1,560 1,320 Firearms Pay 60 60 60 E ICA 2,189 2,187 2,174 Medicare 512 512 509 Pol.ofc.Ret. 3,254 3,254 3,254 Med /Life Ins. 2,189 2,189 2,189 Pub-Liability 2,365 2,365 2,365 Uniforms 513 513 513 Gasoline 1,506 1,506 11506 Veh.ReDair 630 630 630 Radio 523 523 523 $48,977 $48,952 $48,719 TOTAL (4) officers $192,791 (1) Replacement vehicle 20,440 TOTAL FY96/97 $213,231 e;1e 2 ORLANDO- SANFORD AIRPORT 1996/97 POI.I BUDGET Salary Overtime Incent.Pay Firearms Pay FICA Medicare Pol.Ofc.Ret.' Med /Life Ins. Pub.Liability Uniforms /Equip. Gasoline Veh.Repair Radio OFC.FIGUEROA $30,312 1,058 1,440 60 2,038 477 3,032 2,189 2,365 513 1,506 630 523 $46,143 3 N > c' mM EDmy N ° cv� m C 13 \ O OW a) W N 43 O 7 -� a C 4 3 .] w a1 0 i C U O W E O a) ° .O .0 z 0 Ed ro c i room rn +-� •O w +' 'U • C N A U r U .0 C tl +I E O O O .i m a 4 P .... ....... wro `G NwW� `U1 0 U) O ) :4 J.: 1! :J L µJ :- 1) 1 4 { +) 1� .0 1) 4 1) .I-) .0 1) 1) w +.) 44 :J .0 4 -� 4j 4J .,..) 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Said parcel contains 1.9983 acres, more or less. Lot lA (less North 77 feet thereof for road purposes) and Lot 2A and the North 1/2 of Lot 3A of SANFORD CELERY DELTA SUBDIVISION according to plat thereof: recorded in Plat Book 1, pages 75 and 76, of the Public Records of Seminole County, Florida. All. of Lot 9 A and the North 33 feet of Lot 10 A, SANFORD CELERY DELTA, a subdivision, according to the plat thereof as recorded in Plat Book 1, Page 75, of the public Records of Seminole County, Florida. All of Lot 12 -A; South 5 acres of Lot 11 -A (less South 15 feet) and Lot 13 -A (Less railroad right - of-way), of SANFORD CELERY DELTA, according to plat thereof recorded in Plat Book 1, Page 75 of the Public Records of Seminole County, Florida; and S 1/2 of SE 1/4 of SW 1/4 of NE 1/4 of Section 4, Township 20 South, Range 31. East; Less railroad right -of -way. Lots C, D, E, F, 17 and 18 of SANFORD CELERY DELTA, a subdivision, according to the plat thereof as recorded in Plat Book 1, page 75, of the Public Records of Seminole County, Florida. Also, SE 1/4 of the SW 1/4 of the NW 1/4, and the North 2/3 of the South 3/4 of the East 1/4 of the West 1/2 of the NW 1/4, all in Section 9, Township 20 South, Range 31 East, heretofore conveyed to the County of Seminole, Florida for public road right -of -way. The Northeast 1/4 of the Southeast 1/4 of Section 8, Township 20 South, Range 31 East, Seminole County, Florida, less the East 683.41. feet and less the North 25 feet of right -of -way of Marquette Avenue (19.257 acres). AND The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 8, Township 20 South, Range 31 East, Seminole County, Florida, less the West 185.05 feet thereof, and less the North 25 feet for right - of-way of Marquette Avenue (14.296 acres). AVIG (IN TWO PARTS) A perpetual easement and right of way for the free and unobstructed passage of aircraft in, over, through and across the airspace over and above the following described lands: The point of beginning is 620.0 feet south and 23.0 feet east of the northwest corner of Section 6, Township 20 South, Range 31 East, Seminole County, Florida, thence, South 2,467 ft., +, East 1,480 ft., ±, North 2,468 ft., +, West 1,169 ft., ±, North 4 ft., ±, West 283 ft., +, Pape 2 to the point of beginning, all containing an area of 83.93 acres, more or less. The point of beginning is 23 feet east of the southwest corner of the northeast quarter of Section 4, Township 20 South, Range 31 East, Seminole County, Florida, thence, East 1,275 ft., ±, North 2,130 ft., West 1,275 ft., +, South 2,130 ft., +, to the point of beginning, all containing an area of 60 acres, more or less. Both areas containing a total area of 143.93 acres, more or less. It being the intention to hereby convey those same rights and interests acquired by the United States of America by the following instruments: By Deed dated August 22, 1953, from William H. Avery and Grace E. Avery, said Deed being recorded in the Office of the Clerk of the Circuit court of Seminole county, Florida, in Deed Book No. 200, page 74; By Declaration of Taking filed October 29, 1953 in Civil Action No. 627 Orl. in the United States District Court for the Southern District of Florida, Orlando Division. DRAINAGE EA SEMENT A perpetual easement for drainage purposes in the following described land, being a strap of land 125 feet in width lying 62.5 feet on either side of a center line described as follows: BEGIN at a point on the south line of Crippen Road 700.0 feet west of the east boundary of Section 8, and 25 feet south of the north boundary of the south half of Section 8, thence southerly parallel to the east line of Section 8, 75 feet to a point; thence southwesterly 560 feet, more or less, to a point 187 feet east of the west line of the east half of the southeast quarter of Section 8 and 450 feet south of the center line of Crippen Road; thence southerly parallel to the west line of east half of the southeast quarter. of Section 8 to the north line of south half of the southeast quarter of Section 8, thence parallel to the west line of the east half of the southeast quarter to the north line of the south half of the southeast quarter of Section 8, thence southerly parallel. to the west line of the east half of the southeast quarter of Section 8 to the north line of the Atlantic Coast Line Railroad, being 25 feet north of the south boundary of Section 8, thence from a point 25 feet south of the north line of Section 8, and 187 feet east of the west line of the east half of the northeast quarter of Section 17 and on the south property line of the Atlantic Coast Line Railroad, southerly parallel to the west line of the east half of the northeast quarter of Section 17 to a point 710 feet south of the north line of Section 1.7, thence southerly along a line to the point which lies 450 feet west of and 1,230 feet north of the southeast corner of the northeast quarter of Section 17; thence southerly along a line parallel to the east line of Section 17 to the north line of Pineway, thence from a point on the south line of Pineway, and 450 feet west of east line of Section 17, southerly parallel to east line of Section 17, 195 feet to a point 220 feet south of the north line of the southeast quarter; thence southerly 1,120 fee to a point 250 feet west of the east line of Section 17 and on the north line of the south half of the southeast quarter of Section 17, all containing an area of 20.13. acres, more or less. Pa ge 3 • S r so PERMI Any assignable interest which the United States of America may have by virtue of that certain Permit, from the Board of County Commissioners of Seminole County, Florida, dated August 11, 1964, granting an easement for the construction, operation, maintenance and repair of a sidewalk in and over 1.39 acres of land, TOGETHER with all improvements and facilities presently situated on all the lands herei.nabove described. SUBJECT TO: 1. A pole line and drainage easement in 4.1 acres of land granted to the Florida Power. Company and Light company by instrument dated September 16, 1958, for a period of 50 years, said easement being recorded in Official Record Book 203, Page 362 on December 30, 1958 in the Public Records of Seminole County, Florida. 2. Grant of Easement to State of florida for construction, use, maintenance, operation and repair of a road, including area for drainage, for a period of 50 years. Said Easement is dated August 5, 1959 and recorded August 31, 1959 in the Public Records of Seminole County, Florida, Book 250, Page 287, containing 0.01 acres, more or less. 3. Easement in 1.15 acres of land for a 15 -year period from June 21, 1963, granted to Sanford Pipe Line Company by instrument dated October 22, 1965, for the construction, installation, maintenance, operation and repair of a jet fuel pipe line, said easement being recorded in official. Record Book 555, Page 467 on November 17, 1965 in the Public Records of Seminole County, Florida. 4. Agricultural Lease No. NF(R) -6210 granted by the Navy to Mr. R.E. Newton, 1801 Merritt Park Drive, Orlando, Florida 32802. 5. Agricultural Lease No. Noy(R) - 95574 granted by the Navy to Mr D. Harold Fauver., Route 2, Box 541, Sanford, Florida. SUBJECT, ALSO to any and all existing easements for public roads and highways, public utilities, railroads and pipelines. The above - described property constitutes all or portions of the same properties acquired by the United States of America by Declarations of Taking filed in the United States District Court for the Southern District of Florida, Civil Action No. 200 filed January 27, 1.944, Civil Action No. 573 Orl filed August 21, 1952, and Civil Action No. 642 Orl filed March 10, 1954,; and by Deed from Fernald -Laugh ton Memorial Hospital Association dated and filed for record August 21, 1953, in the office of the Clerk of the Circuit Court of Seminole County in Book 200 at page 27; as well as and including the Deed, Declaration of Taking and Permit, incorporated under the headings "Avigation Easement" and "Permit" listed above. Page 4