AGREEMENT THAT PROPERTY CALLED AIRPARK FUNCTION ONLY AS GOLF PARK UNITL FURTHER NOTICE
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AGHEEMEN'1'
THIS AGREEMENT made and entered into this d ~ day of
q't:\1tlrlh~1f,,8 0 . by a nd bet we e n C LEI\RWI\ 'rE R GOLF P I\R K :~c.. a
Florida corporation, hereinafter referred to as "Lessee", and the
CITY OF CLEARWATER, Florida, a municipal corporation, hereinafter
referred to as "Lessor"~
WIT N E SSE T H:
WHEREAS, Lessor and Lessee have entered into a Lease and
Agreeloent and one Amendment thereto relating to a certain tract of
land situated in the City of Clearwater more particularly described
there in; and
WHEREAS, the Lease and Agreement are dated February 24,
1970 and the Amendment is dated March 6, 1974: and
WHEREAS, part of the real property which is the subject
of the Lease and Agreement is used for a golf course and part is
used for an airpark facility; and
WHEREAS, the parties desire to amend the Lease and
Agreement to remove from the terms of such lease that portion of the
real property presently being used as an airpark facility and to
amend the lease concerning provisions relating to the use of the
golf course property;
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements herein contained, the parties hereto'
mutually agree:
1. The Lessee does hereby agree to assign, transfer and
convey to the City all rights and interests in the approximately
62.4 acre more or less tract described in Exhibit A attached hereto
and by reference made a part hereof (all of which land is presently
used for an airpark facility) ilno all improvell1ents local:t~d thereon,
and to consent to remove this real property and improvements from
the lease in all respects.
2. Lessee further agrees to consent to Clearwater
Airpark, Inc. assigning its sublease dated August 1, 1970 to Lessor.
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3. As cc)n,;jrjnrdLLun (0[' the L('Ill()\1i\L of this t~eal
property and improvements from the lease, the City agrees:
a. To reduce the rental payment applicable to the
remainder of the real property pl:'esently being used fol:' a
public golf coul:'se to One Thousand Dollal:'s ($1,000.00)
per yeaI:' for the remainder of the lease term. This
rental will b,e based upon a y-=a r- ly rental per iod of
October 1 to September 30. There shall be no increase in
this $l,OOOjper year rental amount, neither for cost of
living incl:'eases or for any other I:'eason.
The Lessor
agrees that as of the date of this agreement, the Lessee
has paid all rents due the Lessor under the original
Lease and Agreement and the Amendment thereto and that
Lessor has no further claim for any such rental against
Lessee.
b. To cl:'eate a buffer between the 62.4 acre tract
and improvements located thereon and the golf course
where a mutual boundary exits. The buffer to be created
shall be a building set back of one hundred feet (100')
from the golf course boundary line. The City shall erect
a 6-foot high chain-link fence, suitable to Lessee 50
feet from the golf coul:'se boundary line so that nothing
including material stol:'age, equipment, or parking can
exist within 50 feet of the boundary line. The Lessor
shall not be required to maintain said 50 foot are.a.
Material storage, equipment and parking may exist in the
area beginning 50 feet from the boundary line and
extending to 100 feet from the boundary line.
c . To in d e m n i !x._~~,~. Le s s ~ e._~~ELrl.9.__.!:l~,e_n~_~.Il!,~_~D_cl.E?r 0 f
the term 0 f t h~ L~ Cl3.~_ f rQ!.!.l,.,.~J1.y"_g.d _y.A.!Qr::gJ11..,;:~ a 1 I?X,()P_~I,1::.Y
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taxes imposed upon the I:'ernaining tr-act pres.ent)y b~ilJg
used ~<;:::_.,~.,.1?_~~l.~c_..~l.L cQ.~.~..s?g~ Lessor agrees to prov ide
the legal defense against any litigation brought against
the Lessee by Pinellas County 01:' any other taxing
authority relating to ad valol:'em real property taxes
applicable to the golf course property during the
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r-cmaj nd(~t" of the' f:r'[f1I of 11)( "'~d~~('.
It is LJ)(~ intent of
this provision that Lessee shall have no obligation t?
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pay ad valorem r-eal pr-operty tax(~s on the gol;f cou,:t'>;e
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property or- any costs or attorney's fees relating to
defending aqainst a claim for such taxes. 'rhere
presently is pending litigation before the Second
District Court of Appeals concerning the taxation of the
airport and golf course property.
Briefs have been filed
in the case and an oral argument is set for October 15,
1980.
Lessor agrees to pay Lessee's expense of said
appeal dating from the date of this agreement (which
would not exceed $1,500).
In the event either the Lessee
or Pine lIas County elects to appeal the ruling of the
Second District Court of Appeal, the Lessor agrees to pay
Lessee's expense of said appeal (which would not eXCeed
$3,500).
The parties agree that Lessee's present
attorneys who have been involved in this litigatidn over
the years will represent Lessee's interest in said
appeaL
d. To pay the sum of $75,000.00 within thirty (30)
days of the date of this Agreement.
4. The parties hereto agree that the lease shall be
amended to remove all references providing for the development and
operation of a general fixed base public air park facility and the
Lessor agrees to delete paragraph 11 of the Lease dated February 24,
1970 so that there shall be no requirement that Herbert J. Frank
must maintain control of Clearwater Golf Park, Inc. or a successor
Lessee.
It is the intent of this amendment to relieve prospectively
the Lessee of any and all rights and/or obligations to use the
remainder of the leased property for air park purposes or other uses
attendant thereto. Additionally the Lessor will release the Lessee
from any obligation to provide a lighted golf course facility. An
amended lease will be executed by the parties by October 2, 1980
which Amendment will be consistent with this understanding.
5. The parties agree that upon execution of the Amend-
ment, the Lessee shall relinquiSh all claims to all improvements
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existing on the property descrihed in Extlibit A and said improvements
shall become the sole property of the City of Clearwater, Lessor.
6. The Lessee has a claim for past due rent against
Clearwater Aircraft, Inc., its sub-Lessee, in the amount of $6,103.00
plus interest for a total of $8,545.00.
Lessor agrees to withhold
the sum of $8,545.00 from payment it is obligated to make to
Clearwater Aircraft, Ind., the sub-Lease, relating to the Lessor's
purchase of the sub-Lease.
Said sum shall be paid to Lessee at the
time of Lessor's purchase from Clearwater Airpark, Inc.
7. Except as amended hereby, all of the terms,
covenants, conditions and provisions of the Lease and Agreement are
hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have set their
hands and
By:
d..' . .," L~"(Y\' ~ ') &Jx
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lIAs to Lessee"
Vi e President
David S. Goldman
Lessee
Witnesses:
By:
Attest: ., ".
oe~ L~
City Clerk
form &
ned:
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AIR PARK
START AT THE CENTER OF SECTION 12( TOWNSHIP 29 SOUTH( RANGE 15
EAST, AND RUN N 890 19' 10" W 50.00 FEET~ FOR A POINT OF BEGINNING.
THENCE RUN N 000 16' 59" E 50.00 FEET: THENCE RUN N89019' 10" W
145.00 FEET: THENCE RUN N 000 16' 59" E 158.47 FEET: THENCE RUN
N 890 21' 07" W 434.80 FEET: THENCE RUN N 000 16' 59 " E 300.00
FEET: THENCE RUN N 890 21' 07" W 475.00 FEET: THENCE RUN N 000
16' 59" E 825.00 FEET: THENCE RUN N 890 21' 07" W 246.38 FEET:
TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 12. THENCE RUN N 000 IS', 03" E 858.85 FEET:
THENCE RUN N 890 23' 01" W 642.10 FEET: THENCE RUN S 000 13' 07"
W 438.50 FEET;THENCE RUN N 89021' 07" W 96.29 FEET: THENCE RUN
S 250 13' 17" E 3,425.55 FEET: THENCE RUN S 890 20' 18" E 189.75
FEET: THENCE RUN S 000 16' 59" W 160.46 FEET; THENCE RUN S 890
20 I 18" E 375. 00 FEET; THENCE RUN N 000 16', 59" E 1 ( 489. 39 FEET
TO THE POINT OF BEGINNING.
LESS EXISTING RIGHT-OF-WAY, AND LESS 30 FEET FOR PROPOSED NORTH
AND SOUTH EXTENSIONS OF ARCTURAS AVENUE LYING NORTH OF OVERLEA
STREET AND LESS 60 FEET FOR EXISTING AIRPORT DRIVE ALONG THE
SOUTH BOUNDARY OF THIS TRACT LESS THE EAST 375 FEET.
EXHIBIT A
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ADDENDUM
THIS ADDENDUM to Agreement dated September 24, 1980, by
and between CLEARWATER GOLF PARK, INC., a Florida
rporation,
hereinafter referred to as IILesseell, and the CITY OF CLEARWA TER,
FLORIDA, a municipal corporation, hereinafter referred to as IILessorll;
1. Paragraph 3 b. of such Agreement shall only become operative
at such time as Clearwater Executive Airpark ceases to exist and function
a s an airport.
IN WITNESS WHEREOF, the parties hereto have set their hands
J4-- day of October, A. D. 1980.
and seals the
Witnesses:
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INC.
By
Lessee
By
Attest:
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City Clerk
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