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  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
  • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vs PATEL, SURYAKANTEMINENT DOMAIN MAIN document preview
						
                                

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Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1630 5/4/2022 3:44 PM 1 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-4516-9692-939F22F2ADSD IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA STATE OF FLORIDA Case No. 2021CA00600 DEPARTMENT OF TRANSPORTATION; Parcel 112 Petitioner, vs SURYAKANT PATEL; BHARTIBEN S. PATEL; NAJIR, LLC, a Florida limited liability company; INVERNESS FLORIDA MOTEL, INC., a Florida Corporation; CITRUS COUNTY TAX COLLECTOR; and ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCEL 112, Defendants. f i STIPULATED ORDER OF TAKING AND FINAL JUDGMENT INCLUDING ATTORNEYS’ FEES & EXPERTS’ & COSTS THIS CAUSE having come on a joint motion for the entry of a Stipulated Order of Taking and Final Judgment made by the Petitioner, State of Florida Department of Transportation (hereinafter “Petitioner”) and Defendants, Suryakant Patel and Bhartiben S. Patel and Inverness Florida Motel, Inc., (hereinafter “Defendants”. Upon due consideration, and it appearing to the Court that the parties were authorized to enter into such agreements, and the Court finding that the compensation to be paid by the Petitioner is full, just, and reasonable, it is hereby: ORDERED AND ADJUDGED: 1 That the Court has jurisdiction of the subject matter and of the parties to this cause;Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1631 5/4/2022 3:44 PM 2 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2AD9D 2. That ‘the Court is aware that the parties, in entering this Order, have considered the factors set forth in Fla, Stat, §73.091 and §73.092 (Expert and Attomey Fees and Costs) and Fla, Stat. §73.015; 3. ‘That the Petitioner is properly exercising its delegated authority. 4, That the property is being acquired for a public purpose. 5. That the taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired 6. That the Estimate of Value filed in this cause by the Petitioner was made in good faith and based upon a good faith appraisal. 7. That upon the payment of the deposit hereinafter specified into the Registry of this Court, the right, ttle, or interest specified in the original Petition as described herein shall vest in the Petitioner, to wit: See, Composite Exhibit “A” attached hereto. 8. - That Defendants do have and recover of and from the Petitioner the total sum of Two Million Three Hundred Sixty-Two Thousand Four Hundred Fifty and 00/100ths Dollars ($2,362,450.00), in full payment for any and all claims of any nature arising as a result of Petitioner’s taking of Parcel 112, as full and final compensation for all land and improvements taken, any severance damages, business damages, apportionment claims, interest, and for attomney’s fees and costs (inclusive of any non-monetary benefit obtained and inclusive of any supplemental fees), experts’ fees and other litigation costs, and all claims and damages of any nature and subject to the award being applied for the satisfaction of all liens, mortgages, apportionment claims and other encumbrances, if any, as follows:Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1632 5/4/2022 3:44 PM 3 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-4516-9692-939F22F2ADSD (a) Two Million and 00/100th Dollars ($2,000,000.00) to Suryakant Patel and Bhartiben S. Patel for land value, improvements, damages, cost to cure, business damages, Statutory interest and all other claims, excluding attorneys’ fees and costs and experts’ fees and costs; and (b) Three Hundred Seven Thousand Seven Hundred and 00/100th Dollars ($307,700.00), as reimbursement for reasonable attorneys’ fees for the benefit achieved pursuant to Fla. Stat. §73.092, for the services of Jim Helinger, Jr., Esq.; and (c) _ Fifty-Four Thousand Seven Hundred Fifty and 00/100th Dollars ($54,750.00), as reimbursement for reasonable expert witness fees and costs, pursuant to Fla. Stat. §73.091. 9. Defendants agree to convey the remainder property to Petitioner by Warranty Deed, which will be provided to Petitioner upon execution. (See Exhibit “B” attached hereto). 10. That upon deposit, and without further notice or Order of this Court, the Petitioner shall be entitled to possession of the property described in the Petition, however, Defendant may have extended possession of Parcel 112 at nominal cost through June 30, 2022, pursuant to the conditions in the attached lease, which Defendant will provide to Petitioner upon execution. (See Exhibit “C” attached hereto). 11. That within twenty (20) days of receipt of a conformed copy of this Stipulated Order of Taking and Final Judgment, the Petitioner, State of Florida Department of Transportation, shall deposit in the registry of this Court the sum of Two Million Three Hundred Sixty-Two Thousand Four Hundred Fifty and 00/100th Dollars ($2,362,450.00), which is the sum of Two Million and 00/100th Dollars ($2,000.000.00) to Suryakant Patel and Bhartiben S. Patel, for land value, improvements, damages, cost to cure, business damages,Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1633 5/4/2022 3:44 PM 4 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2AD9D ($307,700.00) for attorney’s fees; and Fifty-Four Thousand Seven Hundred Fifty 00/100th Dollars ($54,750.00), for expert witness fees and costs. 12. That the Clerk of this Court forthwith upon deposit of the said sum issue a check for Three Hundred Sixty-Two Thousand Four Hundred Fifty and 00/100 Dollars ($362,450.00), made payable to The DeYoung Firm IOTA Trust Account, 5650 1* Ave. N., St. Petersburg, Florida 33710 for attorney’s fees and experts witness fees and costs. 13. That the Clerk of this Court shall forthwith upon deposit of the aforesaid sum, pay to the Citrus County Tax Collector, Janice A, Warren or her designee, the amount of prorated taxes due and past due taxes on the above-referenced parcel, if any, and mail said payment to the Citrus County Tax Collector, Janice A. Warren or her designee, 210 North Apopka Avenue, Suite 100, Inverness, Florida 34450, and upon payment, this ‘wit shall stand dismissed as to the Citrus County Tax Collector as to Parcel 112. 14, That the Clerk of this Court shall forthwith upon deposit of aforesaid sum, and after paying the taxes due and owing, payment of attomey’s fees and expert fees and costs, issue a check for the remainder of said monies as stated above to Suryakant Patel and Bhartiben S. Patel payable to The DeYoung Firm IOTA Trust Account, 5650 I* Ave. N., St. Petersburg, Florida 33710. 15. That within 45 days of the date of this Order, the Clerk of the Court shall record the Order of Taking and Stipulated Final Judgment (with Book and Page Number) upon entry. 16. No further award shall be made to the Defendants in this matter. 17. This Court shall maintain jurisdiction to enforce the terms and provisions contained herein and for apportionment and supplemental proceedings, if any. No reservation of jurisdiction is made pertaining to payment by Petitioner of any further or additional amount inOfficial Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1634 5/4/2022 3:44 PM 5 Receipt: 2022027339 DocuSign Envelope 1D: 40526£68-9BB0-45 16-9692-939F22F2ADSD. any manner as all Petitioner's financial obligations in this matter are completely fulfilled by the provisions set forth above. DONE AND ORDERED in Chambers at Invemess, Citrus County, Florida, this < 7 iil 2022. HONORABLE CAROL A. FALWEY CIRCUIT COURT JUDGE Copies furnished to: Jennifer M. Mott, Assistant General Counsel, FDOT Aloyma M. Sanchez, Assistant General Counsel, FDOT Jim Helinger, Jr., Esq. All parties on attached Service List & A recorded copy returned to FDOT Records and Funds Management i ic Mail Furnished by U.S. or Electronic pursuant to §$C10-2101 this Lin day of By itrus County Clerk of GourtOfficial Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1635 5/4/2022 3:44 PM 6 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2ADSD FAP, 257165 3 _ STATE ROAD 45 CITRUS COUNTY DESCRIPTION PARCEL 112 FEE SIMPLE RIGHT OF WAY PART A parcel of land lying in Section 18, Township 19 South, Range 20 East, citrus County, Florida, being more particularly described as follows: COMMENCE at a 6" x 6" Concrete Monument with Brass Disk marking the Northwest corner Gf said Section 18, Township 19 South, Range 20 East, Citrus County, Florida, same also being the Southwest corner of said Section 7; thence $89°50'27"E, along the North line of said Section 18, a distance of 2607.89 feet to the Westerly existing right of way line of State Road 45 (U.S. Highway 41) per Florida Department of Transportation Section 0201-625; thence $00°21'36"N, along said Westerly existing right of way line, 930.36 feet to the beginning of a curve concave Easterly having a central angle of i2°29'25", a radius vf 851.51 feet and a chord bearing and distance of $05°S4'06"E, 189.26 feet; thence Southerly along the arc of said curve and said existing Westerly right of way line, 195.62 feet to the West line, extended Northerly, of Lot 13, LABELLE ADDITION, as recorded in Plat Book 1, Page 36 and Plat Book 1, Paga 55, Public Records of Citrus County, Florida; thence S00740'S1"W, along said West line and its Northerly extension thereof, 290.35 feet to the Northwest corner of Tract F, POWELL SQUARE, as recorded in Plat Book 12, Page 96, Public Records of Citrus County, Florida; thence 500°39’'07"W, along the West line of said Tract f, 236.48 feet to the POINT OF BEGINNING; said point being on a curve concave Southeasterly having a central angle of 41°54'11", a radius of 174.00 feet and a chord bearing and distance of N40°20'S7"E, 124.44 feet; thence Northeasterly along said curve, 127.25 feet to the end of said curve; thence N61°18'03"E, 124.42 feet to said Westerly right of way line of State Road 45 (U.S, Highway 41); said right of way line being a curve concave Northeasterly having a central angle of 04°46'40", a radius of 851.51 feet and a chord bearing and distance of S42°44'40"E, 70.599 feet; thence Southeasterly along said Westerly right of way line and curve, 71.01 feet to the end of said curve; thence $45°08'05"E, along said Westerly right of way line, 51.34 feet; thence $45°07'Sé"E, along said Westerly right of way line, 47.066 feet to the most Basterly corner of said Tract F; thence $44°52'36"W, along the Southerly line of said Tract F, 45,00 feet to a point on a curve concave Northerly having a central angle of 44°56'46", a radius of 40.00 feet and a chord bearing and distance of $67°20'35"U, 30.58 feet; thence Westerly along said curve and said Southerly line of Tract F, 31.38 feet to the and of said curve; thence $44°52'20"W, along the said Southerly line, 38.066 feet to the Northeast corner of Tract W, A PEPLAT OF TRACT W AND PART OF TRACT W OF POWELL SQUARE, as’ recorded in Plat Book 12, Page 143, Public Records of Citrus County, Florida; thence continue $44°52'20"H, along the North line of said Tract W, 2.71 feet;Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1636 5/4/2022 3:44 PM 7 Receipt: 2022027339 DocuSign Envelope |D: 40526£68-9BB0-4516-9692-939F22F2ADSD thence N89°2%'30'W, along said North line, 219,33 feet to the Northwest corner of said Tract W; thence N0Q°39'07"B, along the West line of a Portion of Tract H, POWELL SQUARE, as recorded in Plat Book 12, Page 96, Public Records of Citrus County, Florida and the West line cf said Tract F, 37.58 feet to the said POINT OF BEGINNING. Containing 0.875 acres, more or less. AND PART "B" A parcel of land lying in Section 18, Township 19 South, Range 20 East, Citrus County, Florida, being more particularly described as follows: COMMENCE at a 6" x 6" Concrete Monument with Brass Disk marking the Northwest corner of said Section 18, Township 19 South, Range 20 East, Citrus County, Florida, same also being the Southwest corner of said Section 7; thence $89°50'27"E, along the North Line of said Section 18, a distance of 2607.89 feet to the Westerly existing right of way line of State Road 45 (U.S. Highway 41) per Florida Department of Transportation Section 0201-625; thence $00°21'36"W, along said Westerly existing right of way line, 930.36 feet to the beginning of a curve concave Easterly having a radius of 851.51 feet, a central angle of 12°29'25" and a chord bearing and distance of S05°54'06"E, 185.26 feet; thence Southerly alang the arc of said curve anc said existing Westerly right of way line, 185,62 feet to the West line, extended Northerly, of Lot 13, ADDITION, as recorded in Plat Book 1, Page 36 and Plat Book 1, Page 55, Public Records of Citrus County, Florida; thence $00°40'51"H, along said West line and its Northerly extension thereof, 290.35 Northwest corner of Tract F, POWELL SQUARE, as recorded in Plat Book 12, Page 96, Public Records along the West line of said Tract F, 140.65 feet feet to the Citrus County, Flurida; thence $00°39'07"W, to the POINT oF BEGINNING; said point being on a curve concave Scutheasterly having a central angle of 18°00'18", a radius of 224.00 feet and a chord bearing and distance of NS2°L7'S3"E, 70.10 feet; thence Northeasterly along said curve, 70,39 feet to the end of said curve; thence N61°18'03"E, feet to said Westerly right af way line of State Road 45 (U.S. Highway 41); said right of way line being a curve concave Northeasterly having a central angle of 03°29'40", a radius of 851.51 feet and a chord bearing and distance of N35°11'31"W, 51.93 feet; thence Northwesterly along said Westerly right of way line and curve, 51.93 feet te the end of said curve and the North line of said Tract F; thence $99°54'24"Q, along said Morth line, 125.39 feet to the Northwest corner of said Tract P; $00°39'O7"W, along said West line of Tract F, 140.65 feet to the said POINT OF BEGINNING. Containing 12,842 square feet, more or less. AND Exhibit “A”Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1637 5/4/2022 3:44 PM 8 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-4516-9692-939F22F2ADSD PART "Cc" A parcel of land lying in Section 18, Tcewnship 19 South, Range 20 Bast, Citrus County, Florida, being more particularly described as follows: COMMENCE at a 6" x 6" Concrete Monument with Brass Disk marking the Northwest corner of said Section 18, Township 19 South, Range 29 East, Citrus Councy, Florida, same also being the Southwest corner of said Section 7; thence $89°50'27"E, along the North line of said Section 18, a distance of 2607.89 feet to the Westerly existing right of way line of State Road 45 (U.S. Highway 41} per Florida Department of Transportation Section 0201-625; thence S00°21'36"Wi, along said Westerly existing right of way line, 930.36 feet to the beginning of a curve concave Easterly having a radius of 951.51 feet, a central angle of 12°25'25" and a chord bearing and distance of $05°54'06"E, 185.26 feet; thence Southerly along the arc of said curve and said existing Westerly right of way line, 185.62 feet to the West line, extended Northerly, of Lot 13, LABELLE ADDITION, as recorded in Plat Book 1, Page 36 ancl Plat Book 1, Page 55, Public Records of Citrus County, Florida; thence $00°40'51i"W, along said West line and its Northerly extension thereof, 290.35 feet to the Northwest corner of Tract F, POWELL SQUARE, as recorded in Plat Book 12, Page 96, Public Records of Citrus County, Florida; thence $00°339'07"N, along the West line of said Tract F, 140.65 feet to the POINT OF BEGINNING; said point being on a curve concave Southeasterly having a ventral angle of 18°00'18", a radius of 224.00 feet and a chord bearing and distance of N52°17'53"E, 70.10 feet; thence Northeasterly along said curve, 70.39 feet to the end of said curve; thence N61°18'03"g, 115.65 feet to said Westerly right of way line of State Road 45 (U.S. Highway 41); said right of way line being a curve concave Northeasterly having a central angle of 03°24'58", a radius of 851.51 feet and a chord bearing and distance of $38°38'S5S1"E, $0.76 feet; thence Southeasterly along said Westerly right of way line and curve, 50.77 feet to the end of said curve; thence $61°18'03"W, 124.42 feet to the beginning of a curve concave Southeasterly having a central angle of 41°54'11", a radius of 174.00 feet and a chord bearing and distance of $40°20'57"W, 124,44 feet; thence Southwesterly along said curve, 127.25 feet to the end of said curve and the West line of said Tract P; thence NO0°39'O7"E, along said West line, 95.83 feet to the said POINT OF BEGINNING, Containing 10,697 square feet, more or less. Parts less. "and “C" contain a combined area of 1.415 acres, more or Exhibit “A”Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1638 5/4/2022 3:44 PM 9 Receipt: 2022027339 DocuSign Envelope iD: 40526E68-9BB0-45 16-9692-939F22F2ADSD DocuSign Envelope ID: AT796686-ACAB-4BFC-B44C-£4 199A23B488 Deiat cument prepared by, i St under ate fesccton of 4/21/2022 | 12:25 PM EDT of Transportation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL : 112.01 PART “D” WPI/SEG : 2571653 S.R. NO.: 45 COUNTY : CITRUS SECTION : 02010-2543 MANAGING DISTRICT: SEVEN ALT KEY # : 2463309 Legal Description Approved: Date: 4/12/2022 By:_MICHAEL. KASPRZYK GWD.O01 WARRANTY DEED THIS WARRANTY DEED Made the day of 1 2022, by SURYAKANT PATEL and BHARTIBEN S. PATEL, Husband and. Wife, grantors, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 11201 N. McKinley Dr. Tampa, Fl. 33612, grantee: (wherever used herein the terms "grantor" and “grantee” include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors, and assigns of organizations), WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in CITRUS County, Florida, viz: A parcel of land lying in Section 18, Township 19 South, Range 20 East, described in Warranty Deed recorded in Book 1392 Page 231, public records of Citrus County, Florida, being more Particularly described as follows: Lot 7, A REPLAT OF TRACT W AND A PART OF TRACT W OF POWELL SQUARE, according to plat thereof recorded in Plat Book 12, page 143 of the Public Records of Citrus County, Florida. Containing 3,955 square feet more or less. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to seli and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, PARCEL 112 PART “D” Exhibit "B" PAGE 1 of 3Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1639 5/4/2022 3:44 PM 10 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-4516-9692-939F22F2AD9D DacuSign Envelope ID: A7736686-ACA8-4BFC-844C-£4 199238488 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the presence of: WITNESS PRINT NAME. . . SURYAKANT PATEL ADDRESS . WITNESS . es PRINT NAME STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of: (1 physical presence or [Jonline notarization, this day of wna 2022, by SURYAKANT PATEL, who is personally known to me or who has provided as identification. {Notary Seal] NOTARY PUBLIC Name typed, printed, or stamped My Commission expires PARCEL 112 PART “D” PAGE 2 of 3Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1640 5/4/2022 3:44 PM 11 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-4516-9692-939F22F2AD9D DocuSign Envelope ID; A7736886-ACA8~4BFC-844C-E4199A23B4BB IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the presence of: WETNESS ~ ~ ee PRINT NAME a BHARTIBEN S. PATEL ADDRESS... ae a pnts PRINT NAME. STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of: a physical presence or [online notarization, this day of _ 2022, by BHARTIBEN S. PATEL, who is personally known to me ar who has provided as identification. (Notary Seal} NOTARY PUBLIC eet Name typed, printed, or stamped. My Commission expires PARCEL 112 PART “n” PAGE 3 of 3Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1641 5/4/2022 3:44 PM 12 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2AD9D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: ‘575-060-33 LEASE AGREEMENT rica OF way Se ITEM/SEGMENT NO.: 2571653 . MANAGING DISTRICT: Seven F.AP.NO.: 0720.034 B. STATE ROAD NO.: 45.(US 41) __ COUNTY: Clirus. PARCEL NO.:; 112. . THIS AGREEMENT, madethis____--_dayof_ 2922. __, by and between the STATE OF - FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called.the Lessor), and. ss ‘Su and aE = {hereinafter called the Lessea). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property and Term: Lessor does hereby lease unto Lessee the property described In Exhibit "A", attached and made a part hereof, for a term of. beginning and ending 6/30/2022. . This Lease may be renewed for an additional: N/A term at Lessee's option, subject to the rent adjusiment as provided in Paragraph 3 below. Lessee shall provide Lessor N/A days advanced written nollce of its exercise of the renewal option. Mt Lessee holds ovar and ramiins In posséssion of the property after the expiration of the.term spatified In this Lease, or any renewals of such tarm, Lessee's tanancy-shall be considerad a-tanancy at’ sufferance, subject to the-same teiins.and conditions as herain contained in this Lease. This Lease Is subject to all utilitles in place and to the maintenance thersof as wall as any other covenants, easements, or rastrictlons of record. This Lease shall be construed as a lease of only the interest, if any, of Lessor, and no warranty of title shall be deemed to be given herewith, 2. Use, The leased property shall be used solely for the purpose of mate if the property is used for any other purpose, Lessor shall have the option of Immediately tarminating this Lease. Lessee shall not permit any use of the property In any manner that would obstruct or interfere with any transportation facilities, Lessee will further use and’ occupy the leased property:in. a caréful arid proper manner, and not.commit any waste thereon,, Lessée will not cause, or allow:to ba.caused, any nuisance or objectionabla activity of any. nature on.the.propeity, Losses will: not-use. or occupy sald: property for any unlawful purpose and. will, at Lessee’s' sole cost.and expanse, cantorm:to. and obey any present or future ordinances and/or rules, regulations, requirements, and osders of governmental suthoriles or agencies respectinig tha use and ‘occupation of the leased property, Any activities in-any way involving hazardous materials or substances:of ary kind whatsoever, either ag, thosa terms may be defined under any stale of federal laws or regulations, or a5 those tenis ara understood In:common-usage, are-specifically prohibited. Theuse of petroleum products, pollutants, and other hazardous materials.on the leased propertyiis: Prohibited: Lessee shall be held:rasponsible for ha performance of and payment for any environmental remediation that may be necessary, as determined by the Lessor, within: the leased property. -If any contamination either spread to or was teleased onto adjoining property as a result of Lessee’s use of the leased property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lassor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination, 3. Rent, Lessee shall pay to Lessor as rent, on or bafore the first day of each rent payment period, the sum of 00) plus applicable tax, for each N/A. of the term. If this Lease is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed to Lassor, shall be refunded to Lessee. Lessee shall pay any and all-state, county, city, and local taxes thal may be due during the term hereof, including any real property taxes; - Rent payments shall be made payable to the Florida Department of Transportation and shall be sent to Ri Way, 142014 ive, Ti 2. + Lessor reserves the right to review and adjust the rental fae biannually and at renewal to reflect market conditions. Any instatiment of rent not received within tan (10) days after the date due shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate Lessor to accept late sent payments or provide Lessee a grace period. 4. improvements, No structuras or Improvements of any kind shall be placed upon the property without the prior written approval of the District Secretary for District Saven_____of Lessor. Any such structures or improvements shall be constructed In a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or improvements constructed by Lessee shall be removed by Lessee, at Lessee's sola cost and expense, by midnight on the day of termination of thisOfficial Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1642 5/4/2022 3:44 PM 13 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2AD9D 575.0603 RIGHT OF WAY Gaon tel Lease and the leased property restored as nearly as practical to Its conditlon at the time this Lease Is executed. Portable or temporary advertising signs are prohibited. Lessee shail perform, at the sole expense of Lessee, ail work required in the preparation of the leased property for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property as now being In fit and tenantable condition for all purposes of Lessee. Lessor reserves the right to inspact the property and to require whatever adjustment to structures or improvements as Lessor, in Its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense. 5. Maintenance, Lessee shall keep and maintain the leased property and any bullding or other structure, now or hereafter erected thereon, in good and safe condition and repalr at Lessee's own expense during the existence of this Lease, and shall keep the ‘same free and clear of any and all grass, weeds, brush, and debris of any kind, sa as to pravent the same from becoming dangerous, inflammable, or objectionable. Lessor shail have no duty to Inspect or maintain any of the leased property or buildings, and othar ‘structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notica to Lessee, to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may . include; surveying; sampling of building materials, soil, and groundwater, monitoring weil installations; soil excavation; groundwater ramadiation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be reasonable and necessary, Lessor's right of entry shall not obligate Inspectlan of the proparty by Lessor, nor shail It relleve the Lessee of its duty to maintain the leased property. In the event of amergency due to a release or suspected release of hazardous waste on the property, Lessor shall have the right of immediate inspection, and the right, but not the obligation, to engage in remedial action, without notice, the sole cost and expense of which shail be the responsibility of the Lessee. 6. Indemnifigation,. (select applicable paragraph) 1D Lessee is a Governmental Agency To the extent provided by law, Lessee shall indemnify, defend, and hold harmiess the Lessor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, errar, omission, ar negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessae, its officers, agents, or employees will be lable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Lessor or any of its officers, agents, or employees during the performance of the Lease. When the Lessor receives a notice of claim for damages that may have been caused by the Lasses, the Lessor will Immediately forward the claim to the Lessee. Lessee and the Lessor will evaluate the claim and report their findings to each other within fourteen (14) warking days and will jointly discuss options in defending the clalm. After reviewing the claim, the Lessor will determine whether lo require the participation of Lessee In the defense of the claim or to require that Lessee defend the Lessor in such claim as described in this section. The Lessors failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein {o require the participation in or defense of the claim by Lessee, The Lessor and Lessee wil each pay Its own expanses for the evaluation, settlement negotiations, and bial, if any. 2 {2 Lessee Is not a Governmental Agency Lessee shall indemnify, defend, save, and hold harmless Lessor, its agent, officers, and employees, from any losses, fines, Penalties, costs, damages, claims, demands, sults, and llabilitles of any nature, including attorney's fees, (including regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident, happening, or ‘occurrence on the teased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder whether tha same regards person or property of any nature whatsoever, regardiess of the apportionment of nagligence, unless due to the sole negligence of Lessor. Lessee's obligation to indemnify, defend and pay for the defenses or at Lessor's option, to participate, and to associale with the Lessor In the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Lessors notice of claim for indemnification to Lessee. Lessee's inability to evaluate tlability or its evaluation of liability shall nol excuse Lassee's duty lo defand and indemnify within seven days after such notice by the Lessor Is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Lessor solely negligent shall excuse performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its anforcement by Lessor. Lassar’s failure to notify Lessee of claim shall not release Lessee of the above duty to defend, 7. Iguranee, Lessee al its expense, shall maintain at ail times during the term of this Lease, public liability insurance protecting Lassor and Lessee against any and all clalms for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, Its employess, agents, contractors, customers. licensees, and invitees. Such insurance shall be cariied In a minimum amount of not less than ($ 250,000;00._- __.) for bodily injury or death to any one person or any number of persons in ‘any one occurrence and not less than wo undead ity fhousand. .___.($ 250,000.00 ___) for property damage, or a combined coverage of not less than ($589,000.06: ) All euch policies shall be issued by ‘companies licensed to do business in the State of Fonda and air ‘such policies shall contain a provision whereby the same cannat beOfficial Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1643 5/4/2022 3:44 PM 14 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2ADSD 57500033 RIGHT OF WAY OGC -08/09 Page dots canceled or mouiifiad'untess Lessor is given at least sixty (60) days pricr written notice of-auch canceliation‘or mouification. Lessee shall provide Lassor certificates showing such Insurance to be in place and showing Lessor as additional insured under the policies, If self-insured or under a risk management program, Lessee represents that such minimum coverage for liablilty will be provided for the leased property, Lessor may require the amount of any public lability Insurance fo be maintained by Lessee be Increased sa that the amount theraof adequately protects |-essor's Interest. Lessee ftirther agrées that ii shall during the ful tern ofthis Lease and at its own ‘expense keep the leased property and any Improvements thareon fully insured against loss or damage by fire and other casually. Lessee also agrees that It shall during the full term of this Lease and at its own expense keep the contents and personal property focated on the laaged property fully insured against-loss or damage by fire or other casualty and does hereby release and waive on ‘behalf of itself ani Its Insurer, by subrogation ar otherwisa, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted In whole or in part from the negligence of the Lessor. 8, Eminent Damaiq. Lessee acknowledges and agrees ‘that ils relationship with Lessor under this Lease is ona of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the partles under this Lease, Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including any residual Interest In the Lease, or any other facts or circumstances arising out of or In connection with this Lease. Lessee hereby waives and ratinquishas any legal rights and monetary claims which might have for full compensation, or damages.of any sort, Including special damagas, severance damage’, ramaval costs, ar loss. of business prafits, resulting from: Lessee’s loss of occupancy of the leased property, or any such rights, claims, or damages flowing from ‘adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the leased property. Lessee also heraby waives nd felinqulshes any fegat rights and monetary claims which it might have for full compensation, or:damages of any sort as set out above, as a.result of Uesaée’s loss of occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by ‘eminent domain proceedings or sold under the threat theraof. This waiver and relinquishment applies whether this Lease Is still In existence an the date of taking or sala; or has been terminated prior thereto. 9. Wises o a. This:Laase may be. terminated by Lessor. immediately, without prior-notice, upon default by Lessee Hereunder, and may be terminated by either party, without.cause upon thirty (30) days prior written notice to the other party. b. In addition to, or in tlau of, the tarms and conditions contained herein, the provisions of any Addendum of even date herewith which is Identified to be a part hereof Is hereby incorporated herein and made a part hereof by this reference, in the avant of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall contro}, unless the provisions thereof are prohibited by law. ¢. Lessee acknowledges that it has reviewed this Lease, Is famillar with its terms, and has had adequate opportunily fo review this Lease with legal counsel of Lessee's choosing, Lessee hes entered Into this Lease freely and voluntarily. This Lease coniains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely exprassas the agreement between Lessee and Lessor with respect to the subject matter hereof, No modification, waiver, or amendment of this Lease or any of Its conditions or provisions shail be binding upon Lessor or Lessee unless In writing and signed by both parties, d. Lessee shall not sublet the property or any part thereof, rior assign this Lease, without the prior consent in writing of the Lessor; this Lease is being executed by Lessor upon the cradit and reputation of Lessee, Acceptance by Lessor of rantal from a third party shall not be considered as an assignment or sublease, nor shall it be deamed as constituting consent of Lessor to such an ‘assignment or sublease. ° @, Lessee shalt be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telagraph services, or any olher ulilily or service used on the property. (. This Lease shall be governed by the laws of the State of Florida, and any applicable laws of the United States ‘af America. Allnotices to orida Motel, torida Mote Lessor shall be sent to the address for rent payments and ail notices to Lessee shall be sant to: 2 01.US Hwy 41 8 4450 . 3. ss FiOfficial Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1644 5/4/2022 3:44 PM 15 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2ADSD BY: Title: Attest: Title: $75.060:33 RIGHT OF WAY ‘Gc -6a09 Pages ofS IN WITNESS WHEREOF, the parties hereto have caused these presents to be axecuted, the day and year first above written, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION nen By: Lessee (Company Name, If applicable) District Secretary David W..Gwynn, 2.6. Pant Name Attest: Print Name’ Name/Title: Colleen Simon, Executive Assistant (SEAL) LEGAL REVIEW: Print Name District Counsel Gregory. Hyohes Print Name.Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1645 5/4/2022 3:44 PM 16 Receipt: 2022027339 DocuSign Envelope ID: 40526E68-9BB0-45 16-9692-939F22F2AD9D This is an Addendum to that certain Lease Agreement between ak: in and tha. State. of Florida Department of Transportation daled the . day of ADDENDUM inne oe In addition to the provisions contained In said Agreement, the following terms and conditions shall be daemed to be a part thereof pursuant to Paragraph 9 (b) of sald Agreement: Lessee shall provide a Certificate of Insurance showing the Department as additional insured. Insurance must be in the amount ‘no lass that stipulated In Clause 7 of the Lease Agreement. BY: Title: Attest: Title: “Tassee (Company Name, i applicable) STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION By: oe District Secretary vis Print Name Altest: Name/Title: Colleen. Simon. Executive Assistant LEGAL REVIEW: District Counsel ja 1S. Print Name.Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2022032076 BK: 3280 PG: 1646 5/4/2022 3:44 PM 17 Receipt: 2022027339 DocuSign Envelope 1D: 40526£68-9BB0-4516-9692-939F22F2AD9D SERVICE LIST PARCEL 112 James Helinger, Esq. D. Tobyn DeYoung, Esq. 5650 1" Avenue North St. Petersburg, FL 33710 jim@eminéntdomainflacom tobyn@eminentdomaififia.cam heidi@eminentdomainfla.com service@eminentdomainfla.com: Attomey for Suryakant Patel Bhartiben S. Patel Inverness Florida Motel, Inc, Anthony V. Policastro, Esq. 1700 N. McMullen Booth Rd, Suite C5 Clearwater, FL 33759 tony@policastrolaw.com erie 'policastrolaw:com Brent E. Simon, Esq. 5945 Florida Ave, New Port Richey, FL 34652 brent@efullcomp.com Attorneys for Najir, LLC, a Florida limited liability company Tanya M. Williams, Esq. Haag, Friedrich & Williams, PA 452 Pleasant Grove Rd. Inverness FL 34452 Tanyawilliams2i abay.r.com Jif1@tampabay.rr.com Attorney for Citrus County Tax Collector