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LEASE AGREEMENT (99 YRS - PARK AT ELDORADO AND SALLS SUB - RESOLUTION 76-08) '. ~. . L e COUNT~e SEcrIO.. STATE ROAD: PARCEL: Pine11as lSS70-2603 S-S9S-A Part Parcel Number 271. LEASE AGREEMENT THIS AGREEMENT, made. this /~day of . 19~, by and between the STATE OF FLORIDA DEPARt~ hereinafter called the "Department", and CITY OF CLEARWATER, FLORIDA, hereinafter called the "City"; WIT N E SSE T H WHEREAS, the City is prepared to utilize certain Department lands for pub~ic park purposes without thereby interfering with the needs of the Department in connection with said lands. NOW, THEREFORE, in consideration of the premises and the covenants contained herein the parties agree as follows: 1. The Departmen~ leases to the Cit~ for use as a public park, the 1 ands des cr i bed In Exhi bit "}\", attached he re to and made a part hereof. 2. The lease term shall be for 99 years beginning with the date of execution hereof, subject to the right of each party to terminate this agreement upon 30 days notice. 3. The Department reserves the right to use the leased lands as a water retention area and to overflow said lands and store water thereon to the extent deemed necessary or desirable by the Department. 4. The City will maintain the leased lands, the parties r~cnEni7ine th~t ~he benefit ~rcrl1in~ ~n ~hp npr~r~men~ by TP~~nn nf ;..c.~ ."'. . suCh rnaintenan-Ee is-greater than the economic rent obtainable for the leaseholci interest created by this agreement. s. The City agrees to indemnify, defend, save, and hold harmless the Department from all claims, deman~3, li~~ilj~~es, and suits of any Hdl,ure ,'ihatsoevel- arising out of, becauseo{ > or uue CO the breach of this agreement by it, its subcontractor~, age~ts, or employees, or due to any act or occurrence of omission or commission of the City, its subcontractors, agents, or employees. " '" /,' 1 /' /" ~ .. r,.. '. . . J.: , . e e IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed. the day and year first above written. WITNESSES: &7 tJ, .~ >>'!t, J ~/ (:- -;(':,---7 ~~ ) 't L d ?-rL--- r ... ( , Co'u~tersigned: ~Ujta/~ ' ... 'ayor-Commissi~",~r .. Ap STATE OF FLORIDA DEP~RTMENT OF TRANSPORTATION ATTEST: Executive Secretary (SEAL) CITY OF CLEARWATER, FLORIDA BY: tier 13 I TIT E: (S EA L ) ,,1, . ..~ '. " '. ,/" e e EXHIBIT "A" Section 15570-2603 State Road S-595-A Pinellas County Part Parcel Number 271.1 That certain tract of land lying and being in Section 22, Township 29 South, Range 15 East; described as follows: Cegin at the north- west corner of Lot 57 (no block given) according to map of replat of Third Addition to Salls Subdivision, as recorded in Plat Book 36, page 31, Pinel1as County records, for a Doint of beginning; and from the point of beginning thus established run thence westerly along the east and west centerline of Section 22, Township 29 South, Range 15 East, to the east boundary of Lot 10 in Glock "All of Second Addition to Salls Subdivision as recorded in Plat Book 35, page 6, Pine11as County records, run thence southerly along the east boundary of 8lock IIA" of said Second Jl.ddition to Salls Subdivisioil to the northvles t corner of Lot 1 in B 1 od "8" of sa i d Second , Addition to Salls Subdivision; nm thence e3.stel'ly along the north boundary of Block "8" of said Second tlddition to Sillls S'Jbdivision to the west line of Lot 64 of said replat of Third Addition to Salls Subdivision; run thence north to the northwest corner of Lot 59 of said replat of Third Addition to Salls Subdivision; run thence westerly to the southi,;est cot'ner of Lot 58 of said replat of Third Addition to Salls Subdivision; run thence northerly to the established point of beginning, Less and except: formerly Lots 102, 103 and 104 of Eldora~o Subdivisiont in Section 22, Tovmship 29 South, Range 15 East, as per plat thereof recorded in Plat Book 14, page 66, Public Records of Pinellas County, Florida being described as follows: Begin at the SE corner of Lot 4, Block A, Second Addition to Salls Subdivision, in said Section 22, as per plat thereof recorded in Plat Book 35, page 6, Public Records of Pine1las CountYt Florida, run thence East 20 fe~t, thence North 138 feet, the West 20 feet, thence South 138 feet to the Point of Beginning, Containing 437t550 square feet or 10.047 acre, more or less. - --- STATE OF FLORICj, DEPARTMENT OF TRANSPORTATION F-IGHl OF WAY 8lfREAU DESCRIPTlQNAPf~RovED tfY.;fjl- '" ~'. ,.~".~",,~~.;.~,.~,~~,~. !,~..~~',/,'.;',.~_f...~..~~.,,:,,:,' ~;:"~..'.;..',;~.., .,..:.l':.,':.'..~.: :.'.~'~,.:,~:\.:."""b;x' '",.~' "'" ' _', _" ..._" . , .I>~''';'...''.;''~:~''''.'''....., .".1,'..."(......., ;.:... '-'L ,',. \...zo.~" ',,," ...." ~......., ....:.... ..... --..,.~.,. ."', ~ '" <......,'. -'; - ;X;;~&, ~~'~:<~~~:~-' :~; ...,',',,: f.. ". .,' '.."'t''"''(.''...._.'. r--., \ ' '''';:~"../:, r-. / RESOL UTION No, 7b - 8 WHEREAS, dudng conf!truction of MioMouri Avenue, tht' State of Florida Department of Tranllportation obtained Block 3, Eldorado Subdiv\Nlon, which ill located East of Missouri Avenue i\nd North of Bellevue Boulevard, in the City of Clearwater, Florida; and WHEREAS, the City of Clf'i\ rwater des ires to us e this property for park purposes and as a water retention area; and WHEREAS. the De'partment of Transportation is willing to lease said propp.rty to the City with the provi"ion that the City maintain it; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: 1. That the proper City official>! are hereby authorized to execute that certain Lealie Agreement between the State of Florida Department of Transportation and t!)l~ City of Clearwater to lealle for us e as a public p;uk certa in real property in Block 3, Eldorado Sub- divitl ion. 2. That a certified copy of this Resolution be transmitted to the State of Florida Dep?.rtment 01 Transportation. PASSED AND ADO?TED thill 15t~ day of January, A.D. 1976, ,?V:Z -<"N("/ (13~' L/.P/ . Mayor-Commissioner ,/ llua. 176-8 1-15-76 "''''''- -'-'~"-"""~'~'o; ''''~ ~~',",". ~t ~' -', I",' . i 1, .. . I ! I