FIVE YEAR SUBLEASE OF A PUBLIC PURPOSE LEASE AGREEMENT (2)
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SUBLEASE OF A PUBLIC PURPOSE LEASE AGREEMENT
THI~ SUBLEASE AGREEMENT, entered into this 3 ~J day of
~tt.Ch.. , 1997, by and between the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal corporation, hereinafter called
"Tenant", and THE GREATER CLEARWATER CHAMBER OF COMMERCE,
INC., a Florida Corporation not-for-profit, hereinafter
called "Subtenant", collectively, " the parties".
WITNESSETH:
For and in consideration of the receipt of Ten Dollars
($10.00) paid by Subtenant to Tenant, and the mutual
covenants contained herein, the parties agree as follows:
1. Tenant hereby subleases to Subtenant, and Subtenant
hereby subleases from Tenant certain lands located in
pinellas County, Florida, leased to Tenant by the State of
Florida Department of Transportation (FOOT), being more
particularly described in EXHIBIT "A" and depicted in
EXHIBIT "B", attached hereto and made a part hereof by
reference.
2. The term of this sublease shall be for a period o~five
(5) years and shall commence on the ~ day of ~ ,
1997, and shall automatically renew annually unless
Subtenant gives written notice to Tenant of its intent to
terminate within sixty (60) days of renewal.
Notwithstanding the foregoing, however, this sublease
agreement shall automatically expire and terminate upon the
expiration and/or termination of the Public Purpose Lease
Agreement between the FOOT and Tenant, a true and accurate
copy of which is attached hereto as EXHIBIT "C", and by
reference, made a part hereof.
3. If the FOOT determines that all of the sublet premises
are needed for public transportation purposes, or if such
portion thereof is needed that would render the existing
improvements "non-conforming" to the then current zoning
requirements, and so notifies Tenant to vacate all or such
portion of the sublet premises as may be needed, then the
Tenant may terminate this sublease agreement upon one
hundred eighty (180) days notice to Subtenant, at which time
Subtenant shall quit and peaceably surrender such property
to the Tenant. If the FOOT determines that only a portion
of the sublet premises is needed for pubic transportation
purposes, and such portion does not render the existing
improvements "non-conforming" to the then current zoning
requirements, and the FOOT notifies the Tenant that such
portion of the sublet premises must be vacated, then the
Tenant may terminate this sublease to such portion of the
sublet premises upon sixty (60) days notice to Subtenant, at
which time the Subtenant shall quit and peaceably surrender
such property to the Tenant. Subtenant may terminate this
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Sublease Agreement upon sixty (60) days notice to Tenant in
any instance in which the Subtenant determines the sublet
premises is insufficient or unusable for the purposes
therein intended.
4. The sublet premises are to be used as a si te for a
Visitor Welcome Center. Subtenant agrees to restrict the
use of said premises to such purposes, and not to use, or
permit the use of the premises for any other purpose without
first obtaining the written consent of the Tenant. Subtenant
also agrees to observe and comply with all laws, ordinances
and regulations of public authorities. If, however,
subtenant uses the sublet premises for any purposes other
than specified herein, or for any unlawful purpose, Tenant
shall have the right to immediately terminate this sublease.
5. No improvements, changes, alterations or additions shall
be made to the sublet premises without the prior written
consent of Tenant. Upon final termination, all additions and
improvements, including but not limited to structures,
foundations, fencing, pavement and utility services sh~ll be
removed by and at Subtenant's expense. The sublet premises
shall be returned to Tenant cleared to the immediately
surrounding grade. The sublet premises shall be returned to
its original condition as it existed when Subtenant took
possession under that sublease agreement dated July 17,
1986. Erosion and drainage control shall comply with the
then current standards as established and promulgated by the
FDOT.
6. Subtenant agrees to use the property solely for a public
purpose as required by section 337.25 (4) (h), Florida
Statutes, and agrees not to assign this sublease or any
interest therein, or further sublet the herein described
premises or any part thereof without the prior written
consent of Tenant. Notwithstanding this sublease agreement,
Tenant shall continue to be bound by all of the terms and
conditions of its primary lease from the FDOT.
7. Improvements authorized per paragraph five (5) that are
to be constructed on the sublet premises will be erected in
accordance with local applicable building codes and not be
used for the manufacture or storage of hazardous materials,
or for any occupation which is deemed by the Tenant to be a
hazard to highway or non-highway uses. The occupancy and
maintenance of the sublet property will be subject to
regulation by Tenant to protect against hazards which would
impair the use, safety and appearance of the highway.
Further, the occupancy and use of the sublet premises shall
not be such as to permit hazardous or objectionable smoke,
fumes, vapors, or odors to rise above the grade of the
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highway. Subtenant shall obtain all necessary permits to
conduct its activities.
8 . In the event Subtenant breaches any of the terms and
conditions of this sublease, or abandons the maintenance of
the premises, Tenant shall have the following remedies:
(A) Tenant may occupy the premises immediately and
terminate the sublease;
(B) Tenant may give Subtenant written notice that
Subtenant is in breach of the agreement and allow
Subtenant thirty (30) days to cure such breach. If
the Subtenant fails to cure within the specified time-
period set forth in such notice, Tenant may immediately
terminate this sublease. Upon termination of the
sublease, Tenant may recover from Subtenant all damages
proximately relating from the breach, including the
cost of recovering the premises.
9. Tenant and Subtenant agree that Tenant will require any
contractors conducting construction or maintenance
contemplated by this sublease to maintain public liability
insurance with coverage in the amount of not less than Two
Hundred Thousand Dollars ($200,000.00) for each person and
Five Hundred Thousand Dollars ($500,000.oO) for anyone (1)
accident and One Hundred Thousand dollars ($100,000.00) for
property damage, as required by the State of Florida under
Worker's Compensation Law. A certificate of insurance for
such insurance shall be filed with the Tenant and with the
FDOT District Seven office and shall contain endorsements
naming both the Tenant and FDOT as additional insured.
10. It is understood and agreed by the Tenant and Subtenant
that representatives of the Department of-'rransportation
have rights to ingress and egress over, upon and across the
sublet premises for the purposes of conducting inspections,
maintenance, and reconstruction of the highway and adjacent
facilities, and for any other purposes that are necessary to
carryon the conduct of the Department's business.
11. Subtenant agrees to maintain at its sole expense the
sublet premises and such improvements thereon in a good,
clean and safe condition. Subtenant further agrees that
such maintenance will be accomplished in such a manner so as
not to cause any unreasonable interference with highway
facilities. In the event Subtenant fails in its maintenance
obligations, Tenant is authorized to enter the premises and
perform the necessary maintenance at subtenant's expense.
12. subtenant, to the extent provided by Law, shall
indemnify, defend, save and hold Tenant harmless from any
and all liability, loss, damages or claims for injury to
persons or property of any nature arising out of, because
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of, or related to subtenant's occupancy of the sublet
premises.
13. All notices required hereunder shall be given in writing
and shall be deemed to have been given only if delivered
personally or sent by registered or certified mail to the
mailing address to the parties set forth below:
city of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
Attention: City Manager
Executive Director
Greater Clearwater Chamber
of Commerce, Inc.
P. O. Box 2457
Clearwater, Florida 34617
14. Florida law shall be used to interpret this sublease and
determine the rights of the parties hereunder.
15. This sublease shall bind and benefit the successors and
assigns of both parties.
IN WITNESS WHEREOF,
this Sublease Agreement
written.
the parties hereto have executed
the day and year first above
TENANT:
CITY OF CLEARWATER, FLORIDA
By:
Ell.
cit
. Deptula
Approved as to legal
sufficiency:
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ohn Carassas
Assistant city Attorney'
ATTEST:
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WITNESS
SUBTENANT:
GREA R CLEARWATER CHAMBER
OF CO ERCE, INC.
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~t/tYPe name.
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ESS
LWl1 (1 /l1 /;Va r-~
pri t/type name
By:
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, Presl.dent and
ive Officer
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EXHIBIT "B"
Greater Clearwater Chamber
of Commerce Welcome Center
3350 Courtney Campbell Causeway
Clearwater, Florida
GOVT LOT 4
11/01
Clearwater
Christian
COURllIEY
3/02
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EXHIBIT "A"
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T. S. HIA. M. S. 5 I 11
SECTION 1504-201(15040-2522)
PARCEL ll-R(Part) 1504-150(202)
That portion of the Northerly R/W of SR 60 and that portion of Government
lot 4, lying within the Southeast I of the Northeast I of Section 16,
Township 29 South, Range 16 East, Pinellas County, Florida.
Being d~scribed as follows-:
Commence at the Northeast corner of the Southeast i of the Northeast i of
said Section 16, said corner also being the Northeast corner of Government
lot 4; thence South 00002'421 West 558.44 feet along the East boundary of
said Government lot-4 and said Southeast I of the Northeast I; thence North
89030'26' We~t 300.00 feet; thence South 41029'041 West 453.31 feet_. thence
South 03'-10t 18' East 125. U feet to a nail and disc for the point of _
beginning. thence South OS'13'391 Ealt 90.89 feet to a nail and disc;
thence South 82'43'32' Vest 575.48 feet to I steel rod; thence North
04'13'04' West 74.51 feet to I steel rod. thence South 78~5'37' East 84.87
feet to I steel rod. thence North 80042'31' EIS~ 96.50 feet to a steel rod.
thence Horth 60'47'18' [1St 230.99 feet to I steel rod. thence South
62'49'44' Elst 104.00 feet to I steel rod, thence North 75'33'571 East
98.50 feet to the pOint of beginning less and except the East 25.00 feet
and the South 22.00 feet of the above describ~~ property.
Containfng 0.76 acre. lOre or less.
-This conveyance fs ~de subject to .11 uttltttes in place and in use, and
to the maintenance thereof.'
Description by: V. R. McClus~
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EXHIBIT "C"
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WPI NO.:
SECTION/JOB:
COUNTY:
STATE ROAD:
PARCEL:
DESCRIPTION:
N1A
1504-150(202), (15040-2510-NEW)
Pine lias
60
11-R Part
The Welcome Center
PUBLIC PURPOSE LEASE AGREEMENT
THIS LEASE AGREEMENT, entered into this.:b day of K t\ ~ '
1997, by and between the State of Florida Department of Transportation, a component
agency of the State of Florida, hereinafter called -Lessor", and the City of Clearwater,
Florida, a Florida Munic~pal Corporation, hereinafter called -lessee-.
WITNESSETH:
For and in consideration of the mutual covenants contained herein the parties
agree:
1. lessor hereby leases to lessee, and lessee hereby leases from lessor
certain lands located in Pinellas County, State of Florida, being more particularly
described in EXHIBIT -A-, attached hereto and made a part hereof by reference.
2. The term of this lease shall be fqr a period of five (5) years and shall
commence on the ==:.- day of \-A C\ C\.. c~ I 1997. and shall automatically
renew annually unless lessee gives written notice to the lessor of its intent to
terminate within sixty (60) days of renewal.
3. If the lessor determines that all of the lease premises is needed for public
. transportation purposes,- or if such portiQn thereof is needed that would render the
existing improvements -non-conforming- to the then current zoning requirements,
lessor may terminate this lease Agreement upon one hundred eighty (180) days
notice to lessee, at which time the lessee shall quit and peaceably surrender such
property to lessor. If the Lessor determines that only a portion of the lease premises is
needed for public transportation purposes, and such portion does not render the
existing improvements -non-conforming- to the then current zoning requirements, then
lessor may terminate this Lease Agreement as to such portion of the lease premises
upon sixty (60) days notice to lessee, at which time the lessee shall quit and
peaceably surrender such property to the lessor. Lessee may terminate this Lease
Agreement upon sixty (60) days notice to lessor in any instance in which lessee
determines the lease premises is insufficient or unusable for the purposes therein
intended.
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4. The leased premises are to be used to as a site for a Visitor Welcome Center.
Lessee agrees to restrict the use of said premises to such purposes. and not to use, or
permit the use of the premises for any other purpose without first obtaining the 'Mitten
consent of Lessor, Lessee also agrees to observe and comply with all laws, ordinances
and regulations of public authorities. If. however, Lessee uses the lease premises for any
purposes other than specified herein, or for any unlawful purpose, Lessor shall have the
right to immediately terminate this lease.
5. No improvements, Changes, alterations or additions shall be made to the lease
premises v.1thout the prior written consent of Lessor, Upon final termination. all additions
and improvements, including but not limited to structures, foundations, fencing. pavement
and utility services shall be removed by and at Lessee's expense. The lease premises
shall be returned to Lessor cleared to the immediately surrounding grade. The lease
premises shall be returned to its original condition as it existed 'Nhen Lessee took
possession under that lease agreement dated July 17, 1986. Erosion and drainage control
shall comply with the then current standards as established and promulgated by Lessor.
6. Lessee agrees not to assign this lease or any interest therein, or sublet the
leased premises or any part of the premises without the prior 'Mitten consent of Lessor,
except that Lessee shall be permitted to sublease the premises to the Greater Clearwater
Chamber of Commerce, hereinafter .Chamber" provided such sublease shall be for
nominal or no consideration, and further provided that the Chamber agrees to use the
property solely for a public purpose as required by Section 337.25(4 )(h), Florida Statutes.
Subtenant shall be bound by all terms and provisions contained herein and shall perform
all the duties of the Lessee herein, including but not limited to, the obligation to indemnify
the Lessor as set forth in Paragraph 12 thereof. Notwithstanding the sublease of the
premises, the Lessee shall continue to be bound by all of the terms and conditions set
forth herein. Lessee further agrees that Lessor's consent to said sublease or anyone
assignment or sublease shall not be deemed a consent to any subsequent assignment or
sublease.
7.. Improvements authorized per paragraph five (5) above that are to be constructed
on the leased premises will be erected in accordance with local applicable building codes
and not be used for the manufacture or storage of hazardous materials. or for any
occupation which is deemed by the Lessor to be a hazard to highway or non-highway
uses. The occupancy and maintenance of the lease property will be subject to regulation
by Lessor to protect against hazards which would impair the use, safety and appearance
of the highway. Further, the occupancy and use of the lease premises shall not be such
as to permit hazardous or objectionable smoke, fumes, vapors. or odors to rise above the
grade of the highway. Lessee shall obtain all necessary permits to conduct ~ts activities.
8. In the event Lessee breaches any of the terms and conditions of this lease, or
abandons the maintenance of the premises, Lessor shall have the following remedies:
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(A) lessor may occupy the premises immediately and terminate the lease;
(B) lessor may give lessee written notice that lessee is in breach of the
agreement and allow lessee thirty (30) days to cure such breach. If the lessee
fails to cure within the specified time-period set forth in such notice, Lessor may
immediately terminate this lease. Upon termination of the lease, Lessor may
recover from Lessee all damages proximately relating from the breach, including
the cost of recovering the premises.
9. Lessor and Lessee agree that Lessee will require any contractors conducting
construction or maintenance contemplated by this lease to maintain public liability
insurance with coverage in the amount of not less than Two Hundred Thousand Dollars
($200,OOO.OO) for each person and Five Hundred Thousand Dollar ($500,OOO.OO) for
anyone (1) accident and One Hundred Thousand Dollars ($100,OOO.OO) for property
damage, as required by the State of Florida under Worker's Compensation Law. A
certificate of insurance for such insurance shall be filed with the District Seven office of
the Department and shall contain an endorsement naming the Department as an
additional insured.
10. It is understood and agreed by the Lessor and Lessee that representatives
of the Department of Transportation have rights to ingress and egress over, upon and
across the lease premises for the purposes of conducting inspections, maintenance,
and reconstruction of the highway and adjacent facilities, and for any other purposes
that are necessary to carry on the conduct of the Department's business.
11. Lessee agrees to maintain at its sole expense the leased premises and any
improvements thereon in a good. clean and safe condition. Lessee further agrees that
such maintenance will be accomplished in such a manner so as not to cause any
unreasonable interference with highway facilities. In the event Sublessee fails in its
maintenance obligatiOns, Lessor is authorized. to enter the premises and perform the
necessary maintenance at lessee's expense.
12: Lessee to the extent provided by F. S. 768.28, Lessee shall indemnify,
defend, save and hold Lessor harmless from any and all liability, loss, damages or
claims for injury to persons or property of any nature arising out of, because of, or
related to lessee's occupancy of the leased premises.
13. All notices required hereunder shall be given in writing and shall be deemed
to have been given only if delivered personally or sent by registered or certified mail to
the mailing address to the parties set forth below:
Department of Transportation District VII
11201 North McKinley Drive
Tampa, Florida 33612
A TTN: property Management
City of Clearwater
P. o. Box 4748
Clearwater, Florida 34618-4748
A TTN: City Manager
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14. Florida Law shall be used to interpret this lease and determine the rights of
the parties hereunder.
15. This lease shall bind and benefit the successors and assigns of both
parties.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
Agreementlhe day and year first above written.
LESSOR:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: <:.=>)-J C/Y>0Q
William H. McDaniel Jr., P.E.
District Secretary
ATTEST:
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BY:
Executive Secretary
LESSEE:
CITY OF CLEARWATER, FLORIDA
Countersigned:
By: ~m~
Eliza . D tula, City Manager
Approved as to Legal Sufficiency
ATTEST:
9~~- -
John Carassas. Assistant City Attorney --
Approved as to Legal Sufficiency:
~(i!,fIU':;l~
~J I~~ Assistant General Counsel
"1' '4 1e~~1t.
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