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1 AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND MARCH 6, 2014 Attachments to the items below can be viewed at the following link: Item 1 Minutes Submittal of the Board of Trustees Minutes from the January 22, 2014 Cabinet Meeting. VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. (See Attachment 1 at RECOMMEND APPROVAL Item 2 Rookery Bay National Estuarine Research Reserve Management Plan (Rookery Bay Aquatic Preserve/Cape Romano - Ten Thousand Islands Aquatic Preserve) REQUEST: Consideration of a request to approve the Rookery Bay National Estuarine Research Reserve Management Plan, which includes the Rookery Bay Aquatic Preserve and the Cape Romano - Ten Thousand Islands Aquatic Preserve. VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. COUNTIES: Collier and Statewide APPLICANT: Florida Department of Environmental Protection s (DEP) Florida Coastal Office (FCO) LOCATION: Rookery Bay National Estuarine Research Reserve (RBNERR) is located southeast of the City of Naples in Collier County on the southwest coast of Florida. The state s 41 aquatic preserves and three National Estuarine Research Reserves (NERRs) are located throughout the state. STAFF REMARKS: Background The NERR System is a network of protected areas established for long-term research, education, and stewardship. The present day RBNERR was selected for inclusion into the system by a committee of scientists, environmental educators, and coastal managers because it met the overall needs of a relatively pristine habitat for scientific research and environmental education opportunities. The selection was supported by citizens and legislators and nominated by the Governor and Cabinet of the State of Florida. Final designation was made in September 1978.

2 Page Two Item 2, cont. RBNERR has a Reserve Advisory Council (Council) comprised of key stakeholders and partners in the community, including marine industry, landowners, local government, and county tourism interests. The Council provides an important opportunity to manage the property through collaborative partnerships. Plan Overview The RBNERR Management Plan (Plan) was last updated in The current update provides necessary changes to account for changes of the past decade and provides for adaptive management in the future. Like the 2000 Plan, this update combines the management of RBNERR, Rookery Bay Aquatic Preserve, and Cape Romano - Ten Thousand Islands Aquatic Preserve under a single management plan. The inclusive management of these sites within the RBNERR strengthens the purpose of the property as a platform for research and education and provides for efficient and effective use of state resources. Accomplishments under the former management plan are numerous and highlights include: designed and constructed the Rookery Bay Environmental Learning Center, a state-ofthe-art two-story education facility and research laboratory. The Center has been visited by over 128,000 students, local residents, and visitors since opening in 2004, the same year that President George W. Bush visited the Center and gave a nationally-televised speech on environmental volunteerism; became the first NERR in the nation to receive designation by the Coastal America Partnership as a Coastal Ecosystem Learning Center; completed several hydrologic restoration projects, including flow improvements between Johnson and Tarpon Bays, mangrove restoration of hydrology at the Isles of Capri, hydrological restoration at Shell Island Road, and Phase I of mangrove restoration at Fruit Farm Creek; developed a Team OCEAN (Ocean Conservation Education Action Network) volunteer program specific for RBNERR. Some of their accomplishments include conducting beach clean-ups, organizing the Marco Island Bird Steward Program, and initiating a new citizen-science program that engages trained local community volunteers to gather data for beach-nesting shorebirds and sea turtles; mapped all known cultural sites in the northern half of RBNERR; worked in partnership with the Cities of Naples and Marco Island, Collier County, and the landscape industry to develop and conduct Best Management Practice training for local landscapers in reaching over 4,000 landscapers in the past five years; accounted for approximately 12,450 volunteer hours donated to RBNERR to assist with both fisheries and shark monitoring projects; mapped the seagrass beds of Cape Romano, thereby aiding Collier County in its decision to install channel markers routing boaters around the seagrass beds; designed and constructed a paddle craft launch ramp and park, Collier County s only public access site designed exclusively for paddle craft including canoes, kayaks, and paddle boards; and

3 Page Three Item 2, cont. reached over 2,500 students annually through environmental education programs such as the Estuary Explorers Program (4 th graders) and L.I.F.E. (Living In Florida s Environment) program (7 th graders), as well as high school and college marine science field programs. As with all NERRs, the Plan has gone through a thorough review process, which included an internal DEP review, five Council meetings starting as far back as January 2008, one public scoping meeting in February 2008, three formal public meetings (two on-site and one being the Acquisition and Restoration Council (ARC) meeting), a review by Collier County for consistency with its comprehensive plan, an internal review by the National Oceanic and Atmospheric Administration (NOAA), and a public review conducted through NOAA. Public comments were received and appropriate changes made to the Plan throughout the process. ARC reviewed and approved the Plan in 2012 and, following that approval, NOAA federal approval of the Plan was received. In the Plan, RBNERR characterizes each of its issues and delineates unique goals, objectives, and strategies that set the framework for meeting the challenges presented by the issues. For instance, one objective identified in the Plan is to reduce non-native, invasive plant and animal species by removing invasive plant and animal species within RBNERR s managed lands (Resource Management - Stewardship); conducting education, training, and outreach programs for targeted audiences (Education and Outreach); and supporting visiting investigators conducting research on invasive species (Research). Some of the Plan s management goals include: ensuring user experiences are environmentally sustainable and consistent with natural and cultural resource protection; improving the conservation of native biodiversity; enhancing the preservation of RBNERR s cultural resources through credible science resulting in informed management practices; minimizing adverse environmental impacts from land use while restoring ecosystem services; and increasing the community s level of awareness, knowledge, skills, and sense of value for the coastal environment that would result in positive attitudinal and behavioral change. Not only does issue-based management create a unified direction for the NERR programs, it allows any number of partners to become involved in addressing an issue. Involving partners in issue-based management ensures that a particular issue receives attention from angles that the NERR may not normally address. To be successful, the objectives identified in this Plan will be accomplished in partnership with local citizens, city, county, state, and federal officials, college and university students and faculty, nongovernmental organizations, and the business community.

4 Page Four Item 2, cont. Acquisition and Restoration Council/National Oceanic and Atmospheric Administration ARC approved the Plan at its February 10, 2012 meeting. NOAA approved the Plan on October 2, Comprehensive Plan A local government comprehensive plan has been adopted for this area pursuant to section , F.S. The Plan is consistent with the adopted comprehensive plan according to a letter received from Collier County. The Plan can be accessed at 12.pdf or visit RBNERR s homepage at (click on Maps and Other Publications). (See Attachment 2, Page 1) RECOMMEND APPROVAL Item 3 Southeast Legacy Investments, LLC, Acceptance of Offer/Sale and Purchase Contract/Determination REQUEST: Consideration of (1) a determination that a acre, more or less, improved parcel of state-owned, non-conservation land, is surplus and is no longer needed, pursuant to section (6), F.S.; (2) acceptance of an offer in the amount of $15,600,000 submitted by Southeast Legacy Investments, LLC, for the purchase of the acre, more or less, improved parcel of state-owned, non-conservation land; and (3) approval of a contract for sale and purchase of the acre, more or less, improved parcel of state-owned, non-conservation land to Southeast Legacy Investments, LLC. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Palm Beach APPLICANT: Southeast Legacy Investments, LLC (SLI) LOCATION: Section 33, Township 44 South, Range 43 East CONSIDERATION: $15,600,000 to be deposited in the Internal Improvement Trust Fund STAFF REMARKS: Background On May 11, 1972, the Board of Trustees and the former Department of Health and Rehabilitative Services (DHRS) entered into a 99-year lease (Lease No. 2603) containing approximately 153

5 Page Five Item 3, cont. acres, with an expiration date of May 10, Over the years the property has been released from the lease and directly leased to other entities, i.e. Florida Highway Patrol, Town of Lantana, and Palm Beach County. The Department of Health (DOH), successor to DHRS, currently manages approximately 109 acres under Lease No Of the 109 acres, DOH subleases approximately 8.83 acres to Agency for Persons with Disabilities and approximately acres to Palm Beach County. Current Request The acre parcel (subject parcel) is the site of the former A.G. Holley State Hospital which closed in 2012, and is part of the 109-acre parcel currently leased by DOH. The subject parcel includes a 23-acre sublease to the Town of Lantana for the operation of a public sports complex. This sublease terminates December 16, 2024; however, the Town of Lantana is receptive to moving the public sports complex to another location if the new owner is willing to pay for the construction and development. DOH has agreed to release an additional 11 acres from its current lease on which to relocate the sports complex and the Town of Lantana has found the site acceptable. If the Board of Trustees accepts this offer and approves the contract, at closing, a partial release of lease for the subject parcel will be executed, terminating all of the Board of Trustees and DOH s interest in the subject parcel. SLI will assume all of the Board of Trustees and DOH s responsibilities under the terms and conditions of the 23-acre sublease to the Town of Lantana. Noticing Prior to the initial bid, pursuant to sections , , and , F.S., notice was given to state agencies, state universities and Florida College System institutions, Palm Beach County, the Town of Lantana, and landowners within 500 feet of the subject parcel. Palm Beach State College initially expressed interest in the subject parcel but subsequently withdrew its request. Palm Beach County requested acres of endangered scrub on the north side of the subject parcel. Pursuant to Palm Beach County s request, the acre parcel was added to Palm Beach County s lease for the Yamato Scrub Natural Area. No interest in the subject parcel was expressed by any other educational or governmental entity, and no objections were received. Marketing and Bid History The Department of Environmental Protection s (DEP) Division of State Lands (DSL) contracted with Cushman & Wakefield of Florida, Inc. (C&W) to assist with the marketing and sale of the subject parcel. On July 11, 2013, C&W launched a website dedicated to A.G. Holley which provided property information, maps, history, disclosures, and bid information. The subject parcel was initially bid in 2013 for $10,000,000 with a statutory and rule requirement for a 10 percent, non-refundable deposit. Although there were several interested parties, no bids were received. Pursuant to section (6)(h), F.S., if no bids are received, DSL may use any reasonable means to dispose of the subject parcel. Provided with this flexibility to meet market conditions, DSL published an Invitation to Offer and restructured the contractual obligations of offerors with

6 Page Six Item 3, cont. respect to the deposit amount, the time for due diligence and, in particular, negotiating the relocation of the Town of Lantana s sports complex sublease. On December 23, 2013, C&W again launched its website dedicated to A.G. Holley. DEP and C&W offered the subject parcel for sale with a minimum offer of $9,000,000. C&W placed signs on the subject parcel, advertised the subject parcel on CoStar, Loopnet, and its own corporate website and sent out s to 1,242 prospective buyers, of whom 280 opened the . After responding to calls and s generated by the first blast, C&W sent four additional blasts during January Numerous follow-up communications and site tours with prospective buyers were conducted by C&W during the marketing period. In addition, the subject parcel was also advertised on DEP s surplus land website as an offer for several months prior to the advertised offer period which began December 23, 2013 and ended on January 29, 2014, when offers were opened. DSL also sent notification through GovDelivery to 6,504 recipients including real estate offices, developers, investment companies, and other parties that have requested to receive notification of surplus land bid notices. Over 2,592 recipients opened the of which 185 visited one of the web links. The offer was also advertised in the legal section of the Palm Beach Post for two consecutive Wednesdays. Seven offers were received of which five met the invitation to offer conditions. Offers were received as follows: $15,600,000 - Southeast Legacy Investments, LLC $12,010,000 - Core Realty $12,000,000 - Lantana Acquisition Partners, LLC $10,500,000 - Goldstein/Brownfields Group, LLC $10,100,000 - Reinvent America If SLI s offer is accepted, and the contract is approved by the Board of Trustees, SLI will have 90 days to conduct due diligence. If SLI elects not to purchase the subject property within the 90 days, the initial deposit of $200,000 will be refunded. SLI also has the option for two 30-day extensions of the due diligence period which would lessen the amount of the initial deposit that is refundable by an amount of $50,000 per extension. SLI is a land development and construction company in south Florida headed by Ken Endelson who has been in the development field in southeast Florida since SLI will also be responsible for and pay all closing costs associated with the subject property including, but not limited to, survey costs, documentary stamp tax on the quitclaim deed, recording fees, abstract or title insurance fees, SLI s attorneys fees, and any other closing costs that SLI may incur. SLI shall also reimburse any closing costs that are initially paid for by the Board of Trustees or other parties on behalf of the Board of Trustees. These reimbursable closing costs include, but are not limited to, legal advertising and the fee to C &W that shall not exceed 1.75 percent of the purchase price (up to $273,000).

7 Page Seven Item 3, cont. Statutory Requirement Pursuant to section (6), F.S., in order to surplus state-owned, non-conservation land, the Board of Trustees must make a determination that the land is no longer needed. Pursuant to section (6)(c), F.S., state-owned, non-conservation lands shall be reviewed by DSL for recommendation as to whether such lands should be retained in public ownership or disposed of by the Board of Trustees. DSL offers the following to assist the Board of Trustees in making an affirmative determination that the subject parcel is no longer needed: Chapter , Laws of Florida (2012), ordered the closing of A.G. Holley State Hospital; DOH, the managing agency, has evaluated the use of the subject parcel and determined that it is not being used for the purpose for which it was originally leased and is no longer needed; and DSL has reviewed DOH s findings, completed the required surplus lands process, and recommends that the subject parcel be disposed of by the Board of Trustees. Comprehensive Plan A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 3, Pages 1-35) RECOMMEND APPROVAL Item 4 Bassam Nasser, Trustee, Sale and Purchase Contract/Determinations/Cross Seminole Trail REQUEST: Consideration of a request to (1) determine that a 0.41-acre parcel, more or less, of state-owned conservation land in Seminole County (a) is no longer needed for conservation purposes, pursuant to Article X, section 18 of the Florida Constitution and section (6), F.S.; (b) no longer needs to be preserved in furtherance of the Preservation 2000 Act, pursuant to section (6)(b), F.S.; and (c) is surplus; and (2) approve a contract for sale and purchase of the 0.41-acre parcel to Bassam Nasser, Trustee, to resolve an encroachment. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Seminole APPLICANT: Bassam Nasser, Trustee

8 Page Eight Item 4, cont. LOCATION: Section 10, Township 21 South, Range 31 East CONSIDERATION: $75,000 to be deposited in the Preservation 2000 (P-2000) Trust Fund APPRAISED BY Larry Church APPROVED CLOSING PARCEL ACRES (05/31/2013) VALUE DATE Cross Seminole Trail 0.41 $75,000 $75, days after BOT approval STAFF REMARKS: Background In December 1996, P-2000 funds were used to purchase acres of land in Seminole County as part of the Department of Environmental Protection s (DEP) Greenways and Trails program. The property is currently under the management of Seminole County through a sublease from DEP s Division of Recreations and Parks (DRP) (as successor in leasehold interest to the original sublessor, the DEP Office of Greenways and Trails), as part of the Cross Seminole Trail. Project Description The entire trail corridor is approximately 30 miles in length, with miles of paved 14-foot wide trail already constructed and open for public use. Within the 30-mile corridor, 10.8 miles are owned by the Board of Trustees in two segments (2.75 and 8.05 miles). The Florida Department of Transportation owns 1.85 miles. The remaining miles are owned by Seminole County. The Cross Seminole Trail runs through several communities in Seminole County. It serves as a major facility for non-motorized use, fulfilling both recreational and transportation needs. In March 2013, the Board of Trustees approved the sale of a 3.80-acre parcel to the adjacent land owner, Antioch Missionary Baptist Church of Oviedo, Florida, Inc. (Antioch), which closed in August The 3.80-acre parcel and the 0.41-acre parcel are considered a spur segment (i.e. a dead-end) of the trail corridor that was never developed as a section of the trail and is not currently used for recreational activities. The 0.41-acre parcel is encumbered by an encroachment of a portion of the applicant s building and paved parking lot. The applicant developed his property, adjacent to the 0.41-acre parcel, with a two-story, multi-tenant commercial building. The survey used for the development was incorrect and resulted in the encroachment. The sale of the 0.41-acre parcel, pursuant to rule (2)(b), F.A.C., will resolve the encroachment and prevent the costs of possible litigation. Acquisition and Restoration Council On December 9, 2011, the Acquisition and Restoration Council recommended that the parcel is no longer needed for conservation purposes subject to Board of Trustees approval.

9 Page Nine Item 4, cont. Constitutional and Statutory Requirements Pursuant to Article X, section 18 of the Florida Constitution, the fee interest in real property may be disposed of only if the members of the governing board of the entity holding title determine the property is no longer needed for conservation purposes and only upon a vote of two-thirds of the governing board. The Board of Trustees must also make a determination that such land no longer needs to be preserved in furtherance of the P-2000 Act, pursuant to section (6)(b), F.S. Pursuant to section (6), F.S., in order to surplus conservation lands, the Board of Trustees, by an affirmative vote of at least three members, must make a determination that the lands are no longer needed for conservation purposes. DEP offers the following to assist the Board of Trustees in making an affirmative determination that the 0.41-acre parcel is no longer needed for conservation purposes, no longer needs to be preserved in furtherance of P-2000 Act, and is surplus for the following reasons: this parcel is the remainder of a spur segment (i.e. a dead-end) of the trail corridor that was never developed as a section of the trail and is not currently used for recreation activities. Seminole County (trail manager) has no plans to develop the parcel in the future; and the proposed surplus of this parcel was reviewed by Florida Natural Area Inventory, Florida Fish and Wildlife Conservation Commission, the Department of State s Division of Historical Resources, and DRP. None of the reviews resulted in findings of significant ecological/historical resources. Noticing Pursuant to sections and , F.S., state agencies, state universities, Florida College System institutions, and local governments were notified of the proposed surplus. No interest in purchasing this property was expressed by any noticed educational or governmental entity. Comprehensive Plan A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 4, Pages 1-10) RECOMMEND APPROVAL

10 Page Ten Item 5 Jahreis Family Ranch Conservation Easement/DACS/Rural & Family Lands Protection Program/USDA Cooperative Agreement REQUEST: Consideration of (1) a cooperative agreement with the United States Department of Agriculture, Natural Resource Conservation Service; (2) an option agreement to acquire a acre perpetual conservation easement over lands lying within the Jahreis Family Ranch project of the Department of Agriculture and Consumer Services Florida Forest Service (DACS/FFS) Rural & Family Lands Protection Program (RFLPP) from John and Margaret Jahreis; and (3) designation of DACS/FFS as the monitoring agency. APPLICANT: Department of Agriculture and Consumer Services Florida Forest Service (DACS/FFS) COUNTY: Lake LOCATION: Sections 2, 3 and 4, Township 23 South, Range 24 East and Sections 33 and 34, Township 22 South, Range 24 East CONSIDERATION: $545,000 ($272,500 of the acquisition costs will be provided through a Farm and Ranch Lands Protection Program (FRPP) grant from the United States Department of Agriculture, Natural Resource Conservation Service) APPRAISED BY SELLER S TRUSTEES TRUSTEES' String Pallardy PURCHASE PURCHASE PURCHASE OPTION PARCEL ACRES (3/27/13) (3/27/13) PRICE PRICE PRICE DATE Jahreis $605,200 $615,100 $545,000 * $272,500** 120 days after after BOT approval *Property was assembled over many years by the Jahreis family **Trustees purchase price is reflective of FRPP grant STAFF REMARKS: This acquisition was negotiated by DACS/FFS under its RFLPP. This will be the tenth perpetual conservation easement proposed for acquisition and once closed, a total of 5, acres will be preserved under the Rural and Family Lands Protection Program. PROPERTY DESCRIPTION: Jahreis Ranch is a acre ranch ranked as tier one on the 2009 RFLPP acquisition list with agricultural activities that include cattle grazing and a small orange grove. The western boundary of the property connects to a Department of Environmental Protection (DEP) Green Swamp conservation easement. The ranch is located within the Green Swamp Florida Forever Project; a project designed to protect both the high aquifer recharge of the area and the headwaters of four major river systems. The property is located just west of the rapidly developing Clermont area of central Florida in close proximity to the Disney World theme park.

11 Page Eleven Item 5, cont. Cattle currently graze almost all of the improved pastures and natural areas. Mr. Jahreis has an agreement with a local juice canner whereby he receives their spent vegetable pulp and hauls it to the ranch to feed his cattle. This supplemental feed keeps his cows in prime condition. The Jahreis property represents a mosaic of pine flatwood forests, wet prairies, improved pastures, xeric hammock and cypress swamps that are important as wildlife habitat and as significant habitat that makes up the Green Swamp. The Jahreis family would like to pass the ranch on to the next generation and want to insure that the continuation of viable agriculture on the property is possible for future generations. PROHIBITED USES: Dumping of non-biodegradable, toxic or hazardous substances, trash garbage, wastes, abandoned vehicles, appliances, machinery or similar material is prohibited. The exploration for and extraction of oil, gas, minerals, dolostone, peat, muck, marl, limestone, limerock, kaolin, fuller s earth, phosphate, common clays, gravel, shell, sand and similar substances either directly or indirectly by Grantor or on Grantor s behalf, etc. Activities that affect the hydrology of the land or that detrimentally affect water conservation, erosion control, soil conservation, or fish and wildlife habitat, etc. Planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor. The Grantor shall, to the extent practical, control and prevent the spread of nuisance exotics or non-native plants on the Property. Commercial or industrial activity, which, for the purposes of this easement includes but is not limited to swine, dairy and poultry operations, or ingress, egress or other passage across or upon the Property in conjunction with any commercial or industrial activity, unless expressly provided in this Easement. New construction or placing of temporary or permanent buildings, mobile homes or other structures in, on or above the ground of the Property except as may be permitted hereinafter, or as necessary by Grantor for maintenance or normal operations of the Property or during emergency situations or as may otherwise be specifically provided for in this Easement. For purposes of this paragraph the term emergency shall mean those situations that will have an immediate and irreparable adverse impact on the Purposes for which this Easement was acquired. Construction or placing of roads, billboards or other advertising, utilities, or structures, except those structures and unpaved roads necessary for the agricultural operations on the

12 Page Twelve Item 5, cont. land or structures necessary for other activities allowed under the Easement, and except for linear facilities described in section (11), Florida Statutes. Grantee may erect and maintain signs designating the Property as land under the protection of Grantee. Agricultural chemicals used by Grantor, including fertilizers, pesticides and herbicides, shall only be applied in such amounts and with such frequency of application that constitute the minimum necessary to perform noxious weed control, habitat enhancement and restoration, timber management and agricultural and residential activities permitted under this Easement. Actions or activities that may scientifically be expected to adversely affect threatened or endangered species. Any subdivision of the Property except as may otherwise be provided in this Easement. There shall be no commercial water wells on the property, except as may be provided in this Easement. There shall be no cutting of cypress trees anywhere on the property. There shall be no mitigation banks pursuant to section , et. seq., Florida Statutes. OWNER S RIGHTS: The right to conduct prescribed burning and rough woods mowing on the Property. The right to mortgage the Property. The right to continue to use, maintain, repair, and reconstruct (which includes relocating such), all existing buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and such other facilities on the Property as depicted in the BDR. Any such facility located in a SNA may be maintained, repaired and reconstructed in their current location, but may not be enlarged or relocated within a SNA without the approval of the Grantee, and subject to any permits as may be required therefore. Grantor reserves unto itself, its successors and assigns, the right to conduct the following activities within the SNAs: construct and maintain a family cemetery; and, (2) maintain, repair or reconstruct the existing road, ponds, ditches, drainage areas that are in the SNA and maintain, repair, reconstruct, relocate existing fencing in the SNA.

13 Page Thirteen Item 5, cont. Grantor specifically reserves unto itself, its successors and/or assigns, the right to continue to operate and maintain existing wells. Grantor also reserves the right to drill additional wells as needed, in its sole discretion, for agricultural purposes outside of the SNA s. Grantor specifically reserves unto itself, its successors and/or assigns the right to convert/change the current land use outside of the SNA s to other agricultural uses. The right to sell, devise or otherwise transfer ownership of the Property to a third party. The right to exclusive use of the improvements on the Property. The right to pursue agricultural practices on the Property. The right to construct, after giving notice to Grantee, buildings or other structures incident to agricultural uses carried on in accordance with sound agricultural practices. Such buildings shall not be used as residences. There will be no subdivision of the property except as elsewhere permitted hereunder. The right to construct additional residences as elsewhere permitted hereunder. Nothing herein shall prohibit Grantor from establishing (by survey, fencing or marking) and maintaining and clearing vegetation from property lines around the perimeter of the Property. The right to observe, maintain, photograph, introduce and stock native fish or wildlife on the Property, to use the Property for hiking, and horseback riding. Grantor reserves, and shall continue to own, the hunting and fishing rights on or related to the Property and Grantor may lease and sell privileges of such rights. Grantor shall have the right to conduct forestry operations, that include logging and associated activities, on the property Residential construction/subdivision. The Property consists of 615+ acres. Grantor shall have the right to divide the Property into three (3) total tracts of land consisting of two (2) parcels of a minimum of 250 acres each and a third parcel in the amount of the remaining acreage ( Remaining Tract ). Each tract of at least 250 acres may be improved by a single family residence and related structures, as well as the construction of a roadway for access to and from the buildings. Grantor may establish and maintain a family cemetery of no more than a 100 ft. by 100 ft. area.

14 Page Fourteen Item 5, cont. ENCUMBRANCES: The State of Florida holds 50% of oil and 75% of mineral rights on a portion of the property. MORTGAGES AND LIENS: All mortgages and liens will be satisfied or subordinated at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. CLOSING INFORMATION: A title insurance commitment, a survey, and an environmental site assessment of the property will be provided by FFS prior to closing. EASEMENT MONITOR: This perpetual conservation easement will be monitored by the FFS. COMPREHENSIVE PLAN: This acquisition is consistent with section (22), F.S., the Agriculture section of the State Comprehensive Plan. (See Attachment 5, Pages 1-113) RECOMMEND APPROVAL