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FIVE YEAR SUBLEASE OF A PUBLIC PURPOSE LEASE AGREEMENT \ , J I SUBLEASE OF A PUBLIC PURPOSE LEASE AGREEMENT r,:Lxs SU'L~E AGREEMENT, entered into this ~~ay of ~~~, 1996, 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 (FDOT), 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 ~~or a peri (5) years and shall commence on the~day of 1996, and shall automatically renew annu y Subtenant gives written notice to Tenant of i int nt 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 FDOT and Tenant, a true and accurate copy of which is attached hereto as EXHIBIT "B", and by reference, made a part hereof. 3. If the FDOT 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 FDOT 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 FDOT notif ies the Tenant that such portion of the sublet premises must be vacated, then the Tenant may terminate this sublease upon sixty (60) days notice to Subtenant, at which time the Subtenant shall quit and peaceably surrender such property to the Tenant. e~:b:- )11L Ie; '(jl ~) I I Subtenant may terminate this 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 site 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 sublease termination, all additions and improvements shall be removed by and at Subtenant expense. The sublet premises shall be returned to Tenant cleared to the immediately surrounding grade. Erosion and drainage control shall comply with the then current standards as established and promulgated by the FOOT. 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 FOOT. 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 highway. Subtenant_shall obtain all necessary permits to conduct its activities. I I 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 ($500,000.00) 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 Subtenant and with the District Seven office of the FOOT and shall contain endorsements naming both the Tenant and FOOT as additional insured. 10. It is understood and agreed by the Tenant and Subtenant that representatives of the Department of Transportation 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, indemnify, defend, and all liability, persons or property of, or related to premises. to the extent provided by Law, shall save and hold Tenant harmless from any loss, damages or claims for injury to of any nature arising out of, because Subtenant's occupancy of the sublet J I EXHIBIT "A" , T. S. NIA, M. S. 5 a 11 SECTION 1504-201(15040-2522) PARCEL 11-R(Part) 1504-150(202) That portion ~f the Northerly R/W of SR 60 and that portton of Government Lot 4, lying w1thtn the Southeast! of the Northeast I of Sectton 16. Townshtp 29 South. Range 16 East, ptnellas County. Flortda. Betng descr1bed as follows: Commence at the Northeast corner of the Southeast I of the Northeast i of satd Sect10n 16. sa1d corner also being the Northeast corner of Government Lot 4; thence South 00002'42- West 55S.44 feet along the East boundary of said Government lot 4~and said Southeast I of the Northeastl~ thence North . 89030'26- West 300.00 feet; thence South 41029'04" West 453.31 feet~ thence South 03010'lS- Elst 125.19 feet to a nail and dlsc for the point of begtnning; thence South 05013'39- East 90.89 feet to a nail and dtsc; thence South 82043'32- West 575.48 feet to a steel rod; thence North 04013'04- West 74.51 feet to a steel rod; thence South 7s055'37- East 84.87 feet to a steel rod; thence North 80042'31- East 96.50 feet to a steel rod; - thence North 60047'18- East 230.99 feet to a steel rodf-thence South 62049'44- East 104.00 feet to a steel rod; thence North 75033'57- 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 described property. Containing 0.76 lere. more or less. -Thts conveyance ts made subject to 111 utiltties in place and 1n use. and to the matntenance thereof.- Descr1ption by: W. R. McClusky ,'" I" I . \ , ! I I EXHIBIT "B" Greater Clearwater Chamber of Commerce Welcome Center 3350 Courtney Campbell Causeway Clearwater, Florida COURlNEY GOVT LOT 4 11/01 3/02 ~<... v ~. .~~~ () ~~ a .., '..: j . ~, , ,. I I 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 1ii~6 Rit:a Garvey Mayor-Commissioner TENANT: CITY OF CLEARWATER, FLORIDA By: f:h~ E~izabe M. ptula Clty Ma ager Approved as to legal sufficiency: ~F~ n Car ass as Assistant City Attorney ATTEST: 'C.- -- c ~~. N-. cyn~a E. Goude~ City lerk _. D..-_____ ~L? WITNESS SUBTENANT: GREATER CLEARWATER CHAMBER o OMMERCE, INC. ~ ~ N l1>efl Print/type name 2Mw ,~t~7V~ WITNESS (;-ern L. R.avlWo-xL Print/type name'