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LEASE AND AGREEMENT " . "": I~". - . r~' '. .~ ,. ...- " . '. II " -' LEASE AND AGREEMENT This lease, and agreement, entered into by and between the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, hereafter known as Lessor, and Clearwater Golf-Park, Inc., a Florida corporation, of Clearwater, Florida, hereafter known as Lessee, and this Agreement entered into between the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, hereafter known as City, and Donald E. Bleakley, of Clearwater, Florida, here- after known as Bleakley, as their interests appear within the terms of this Agreement and Lease; WITNESSETH: In consideration of the covenants herein contained, of the granting of this lease and of the sums paid, and to be paid hereunder, and in consideration of the trade of property between Bleakley and the City, a description of which property to be traded is attached hereto and incorporated herein by reference as Exhibit "B"; NOW, THEREFORE, Lessor hereby leases to the Lessee and Lessee hereby leases from the Lessor according to the terms, conditions and covenants herein contained, the following described real property located in Pinellas County, Florida, in accordance with Exhibit "A" attached hereto and incorporated herein by reference as the legal description, and in accordance with a survey of the property described within Exhibit "A"; the parties hereto covenant and agree as follows: 1. The term of this lease shall be for a period of thirty (30) years beginning on the I.J'T day of H/f L t ~ )10/J; - 3 'I ' l, 1"'" .r~. .-~', ,.,.; ~. "...., . .. ," .'\ , ' I I II .' 1970, and ending on the ;z."t r"I day of ri711L..O/f..~V , 2000; provided, that should any subsequent authority determine that the granting of this lease for a period of thirty (30) years be contrary with the Statutes of the State of Florida or the Charter of the Lessor, that the term of this lease shall be decreased only to that period of time which is determined by that authority to be a maximum legal period of time for the demise granted under this lease, and said lease shall continue in full force and effect for said lesser period of time. 2. The Lessee hereby covenants and agrees to pay rental therefor as follows: To pay the sum of $500,000 for the 30 year term of this lease, which shall be paid in equal monthly payments amounting to $1,388.89; said payment shall be due and payable on the first day of each month, and continuing on the first day of each month thereafter until the full amount of $500,000 shall have been paid. In addition to the payment aforesaid, the Lessee covenants and agrees to pay to the Lessor one per cent (1%) of all brokerage fees earned by Lessee on the sale of new or used aircraft, and Lessee further agrees to pay to Lessor one per cent (1%) of the gross sales price of all new and used aircraft sold by Lessee. For purposes of confirming the amounts due the Lessor resulting from Lessee's brokerage or sale of aircraft, Lessee agrees that its books are open for inspection by the Lessor's auditors at all reasonable times provided that the information from said inspection of Lessee's books by the Lessor shall be strictly privileged, and to be held confidential by Lessor. -2- .. j~' . rtI. 1 , ' I ~' .i ~ . ~ ' I I The Lessee further covenants and agrees that in the event of inflation or deflation of the national economy, thereby effecting the relative value of the United States dollar, that the monthly payments shall be adjusted upward or downward once each year during the life of this Lease to reflect the actual inflationary or deflationary effect on the United States dollar. It is contemplated that adjustments, either upward or downward, may have the effect of either decreasing or increasing the total leasehold fee of $500,000 during the term of this lease. This adjustment shall be made in the following manner: 1970 shall be the base year. The Wholesale Price Index, A,ll Commodities of the United States, as published by the Department of Labor, Bureau of Labor Statistics, and the Retail Price Index, All Commodities of the United States, Department of Labor, Bureau of Labor Statistics, shall be the two indexes upon which rental payment shall be increased or decreased for each twelve month period. The base index shall be the mean between the two foregoing indexes, and on each calendar year of this lease, the mean of the two foregoing indexes shall govern an increase or decrease in the rental payments under this agreement. 3. The demised premises shall be used only for the following purposes: (a) Operation of a general fixed base public air park facility, with all attendant activities to such an operation including, but not necessarily limited to, the sale of gasoline, oil, airplanes, airplane accessories and parts, charter flights, sight-seeing trips, flight school, hangar rentals, airplane repairs, sale of food and beverages; provided however, that any commercial airline or helicopter line shall be operated only through special permission of the City Commission. (b) To operate a lighted public golf course, including -3- ,; . I 1 ~ '''', . .: and in addition thereto all normally attendant golf activities, including, but not limited to the operation of a pro shop for sales at retail, and rental, operation and maintenance of golf carts, driving range, sale of food and beverages, including alcoholic beverages; provided, however, that the sale of alcoholic beverages shall be limited to consumption on the premises and shall further be subject to all Federal, State and local laws and other requirements. The facilities for dispersing food and beverages shall be designed primarily to serve the patrons of the golf course and air park. (c) Lessee may utilize such other portions of the demised premises as are not required for the operation of the air park facility and lighted golf course for additional purposes, such as additional recreational facilities for public use not inconsistent with the operation of the air park and golf course. These additional uses and all others that may be requested shall be afforded the Lessee only after obtaining prior written approval of the City Commission. 4. The parties are hereby agreed that it is their intention that the entire premises hereby demised to Lessee shall be operated, maintained and developed in such a manner as to be a credit to the City of Clearwater, and to this end the parties are agreed that at all times during the term of this lease, all such facilities shall be operated and maintained to a standard considered to be generally acceptable in the operation of a public golf course and public air park. The facilities as described in Paragraph 3 (a), (b) and (c) above shall be made available to all the public regardless of race -4- , ~.~' . '" ,,~ , I color or creed, and shall be developed, operated and maintained in a manner consistent with the public interest. 5. Should the City Commission of the City of Clearwater reasonably determine at a public hearing that the facilities under control of the Lessee are not being operated or maintained in a manner consistent with the public interest, such determination shall provide a basis for revocation of this Lease. It is provided however, that should there be a dispute between Lessor and Lessee as to a finding by Lessor that the operation of the premises are not being operated or maintained in a manner consistent with the public interest, that the procedures as set forth in this Agree- ment relative to settlement of disputes applies to this paragraph. 6. It is the intent of this lease that the Lessee shall operate public facilities and Lessee agrees that it will not charge excessive prices for its services, that said prices shall be maintained at a competitive level for public facilities, provided that Lessee is entitled to a reasonable profit upon his investment. 7. Certain agreements have been reached relative to the development of the proposed facilities which are hereby made conditions of this lease: (a) The air park shall be remodeled and/or re- constructed so as to provide a single paved land- ing atuil'takeoff runway built to Lessor's Engineer- ing Department's specifications. Said paved runway shall be lighted to acceptable standards for a facility of this type and approved by the City Manager. -5- , , " I I I , " ;'. I . " (b) To construct an air park terminal with public restrooms, and other structures as needed consistent with the operation of a public air park not for commercial use. (c) The golf course facilities will be constructed and shall be: (1) Lighted for night play provided that these lights shall be shielded from the surrounding residential areas, so that no direct light effects said surrounding residential areas. (2) Said golf course shall consist of eighteen (18) holes for play generally characterized as an executive course, less than championship length overall, but anticipated to be longer than the so-called Hpar 3H courses. (d) To construct a lighted driving range. (e) Club house and such storage buildings as are required for the operation of the course. (f) Parking facilities. 8. It is the intention of Lessee to have cooking facilities and provisions for hot water on the premises, and in line therewith, Lessee covenants and agrees that fuel for said cooking and hot water shall be gas to be supplied by Lessor. Lessor agrees to supply gas lines in accordance with its usual practices for service of its gas customers. 9. Lessor reserves the right to approve the plans -6- ,', I I I I j'-:,-'" .,." and specifications for the development of the demised premises. To accord Lessor this opportunity, plans and specifications for development shall be furnished to Lessor within sixty (60) days from the date of execution of this lease. The Lessor shall have a period of thirty (30) days from delivery of said specifications within which to approve or reject the said plans and specifications, or suggest modifications thereof. At such time as said plans and specifications have been approved, Lessee shall thereafter have a period not exceeding eighteen (18) months within which to construct said golf course and air park facilities. 10. The Lessee hereby covenants and agrees to make no unlawful, improper or offensive use of the leased premises, and not to assign this lease, nor to sublet any portion of the demised premises without the prior written consent of Lessor, provided that said consent shall not be unreasonably withheld. Any attempt to pledge, encumber, hypothecate or assign without the prior consideration and consent of the City Commission of Lessor will render this lease null and void and place said lease in default if allowed to continue for a period of more than thirty (30) days. It is provided however, that the City Commission of Lessor shall not unreasonably withhold the right of the Lessee to hypothecate this lease. 11. It is understood that Lessee may form another corporation to carry out the obligations, responsibilities, rights and benefits as the Lessee hereunder, and that Lessee may assign this lease to such corporation, provided, that at all times hereafter, Herbert J. Frank shall maintain effective control of the operation of said corporation, provided that -7- , , '., ~:<. , I the parties agree that Herbert J. Frank incurs no personal obligation or personal liabilities, remembering that this Agreement is between corporate entities. That should Herbert J. Frank assign, sell, or otherwise transfer or lose effective control of lessee corporation, the same shall not be accomplished without the prior written consent of Lessor. 12. Lessee agrees to protect and hold harmless the Lessor from all damages or claims for loss, damage or injury that may be suffered by anyone whomsoever on account of operations carried on by the Lessee under this lease. To that end, the Lessee shall, at its own expense, purchase and maintain fire insurance to the full insurable amount on all buildings and improvements; liability insurance in an amount not less than one million dollars, per person, and three million dollars, aggre- gate, for any claim, including liability insurance to bai1ees, tenants, invitees, and to maintain aircraft operations insurance, coverage on aircraft accidents, fueling, hangarkeeper's maintenance and service, to~ther with premise operation insurance, with coverage on automobile parking lots, slip and fall accidents, special events, tenants, contractors and vehicles, and such additional insurance as is generally acceptable and appropriate for the operation of all other facilities, including the golf course and attendant activities as may be operated by Lessee hereunder. All of said insurance shall have an endorsement thereon that the City of Clearwater is an additional insured as its interest may appear, and shall further profide that reasonable notice to the Lessor in case of cancellation of said insurance, shall be given to Lessee, and a certificate of insurance on each policy -8- . . .r. i t I I I providing satisfactory limits of coverage in the opinion of the City Manager shall be produced at the time this lease is executed, or within a reasonable time thereafter. The Lessee further agrees that all monies paid to it from fire insurance companies shall be used exclusively and promptly to reconstruct the fire damaged or destroyed facilities. 13. It is understood that the present and future opera- tion and development by Lessee may include the demolition, re- modeling or moving of existing improvements located on the lease- hold premises. In any such actions on the part of Lessee relative to said improvements, they shall be accomplished only with the prior written approval of the Lessor. It is agreed that the initial plans for development by Lessee, as hereinbefore provided, shall require the approval of the Lessor; however, for the duration of this Lease, the Lessee shall secure written approval from the Lessor for any construction, modification, remodeling or for the construction of any new facilities. It is agreed that all existing improvements located on the demised premises are the property of the City of Clearwater, and it is further agreed that said existing improvements, together with all improvements to be constructed by Lessee during the term of this lease on the demised premises, shall become the property of the City of Clearwater upon the expiration or termination of this lease; provided, however, that said reference to improvements herein contemplates improve- ments to the real estate which become a part of the land as distinguished from personal property utilized by the Lessee. All buildings, whether the same be moveable or permanent, shall, for the purpose of this lease, be considered as improvements to the -9- , :', ,', . " I , land and shall remain as aforesaid. 14. Lessee agrees that it will promptly pay all ad valorem taxes that may be assessed against the property during the term of this lease. Lessee further agrees that it will pay any State sales tax due on any of the payments to be made by the Lessee to the Lessor that are required to be collected by the Lessor, that it will pay all other taxes, including occupational license, beverage license, which are required by law. 15. The Lessor covenants that so long as the Lessee shall comply with the covenants herein made by the Lessee, Lessee may use and peaceably enjoy the premises as between the Lessor and the Lessee without Lessor's warranty as to title or the Lessor's right, power or authority to make this lease, or to lease the demised property, and without warranty as to the lawful or unlawful claims of third parties. 16. The execution of this lease shall be contingent upon Lessee satisfying Lessor that it has acquired all the right, title and interest of the current Lessee, Clearwater Flying Co., in and to an existing lease dated June 10, 1966, between Lessor and Clearwater Flying Company as current Lessee, and that the said lease shall be surrendered for cancellation, and shall be of no further force and effect, being in its entirety superseded by this lease and the terms hereof; and that the Lessor is indemnified by the Lessee against any claims by the Clearwater Flying Company, or anyone claiming under it. 17. The Lessee further covenants that for the duration of this lease, it shall have a qualified employee on duty at all times during daylight hours at the air park to provide assistance to the public and especially during periods of inclement or foggy -10- , '.:.-!" ': - 4 " ;~'>,. -:.:"" I I I I weather. 18. The Lessor covenants that it shall cease the operation of a sanitary land fill on portions of the leased property within 18 months from the date this lease is executed. 19. This lease provides that Lessor shall receive and approve the plans for the construction of the air park and golf course, as well as the location of the runway for the air park facility. It is understood and agreed by both parties, that in the event the paved runway (being 75 feet in width and 3,000 feet in length) traverses the property, which has here- tof0r and is currently being used as a land fill by Lessor, then Lessor agrees to credit toward the amounts due from Lessee an amount up to, but not exceeding $20,000 for the actual cost of removing any material incurred by Lessee within the physical limits of the paved runway, and replacing said fill with suitable fill material. The determination as to the amounts to be credited to Lessee shall be determined by the Registered Engineer of the Lessee, and Registered Engineer of the City of Clearwater, jointly, and approved by the City Manager. In the event the runway does not traverse the area that has been heretofore and is currently being used as a land fill by the Lessor, then this provision shall have no force and effect. It is the intent of both parties that the location of the runway shall be a matter to be mutually agreed upon by both parties, based on engineering and land planning studies. Should it be determined that Lessee has a right to credits based upon the foregoing provisions of this paragraph, -11- ~ ..' I , said credits shall be applied toward rental payments for the beginning months of this lease, and that Lessee will not be required to make any payments to Lessor until said credit has been applied in full towards the rents due Lessor. It is provided however, that regardless of whether Lessee is entitled to credits, that Lessee shall make the first months payment in the amount of $1,388.89, upon the execution of this Agreement. 20. If, at any time during the term of this lease the Lessee shall default in the performance of any of the terms or provisions hereof, the Lessor shall give the Lessee written notice of such default, and if said default shall continue for a period of 30 days, after said written notice, then the Lessor may, at its option, terminate this lease and said Lessee shall forthwith become a tenant at sufferance and Lessor shall have the right to re-enter and take possession of the premises and pursue any other remedies available to the Lessor in Law, in equity, or under this agreement, and Lessee agrees to pay the costs thereof, including a reasonable attorney's fee. That should Lessor claim that Lessee has defaulted in the performance of any terms or provisions of this agreement, and Lessee disagrees with said notice of default, that this dispute shall be arbitrated in accordance with the Florida Rules of Arbitration, which ruling will be binding upon both parties. 21. The parties hereto agree that should any dispute arise between them which cannot be amicably settled, then the parties agree to present said dispute to arbitration, in accordance with the Florida Rules of Arbitration, which ruling shall be bind- ing upon both parties. -12- " ' , ' : .-, ~ "~J' ' ~ , 1~' .. I I I , .. "_ 22. The parties hereto agree to execute a short form lease for recording in the Public Records of Pinellas County, Said short form lease shall be executed concurrently with the execution of this lease, and shall contain an express provision that Lessee may not subject the demised property to any possible liens for any reason, without prior consent of the Lessor. 23. All notices to either of the parties hereto shall be by Certified Mail (return receipt requested) and the following are the addresses of the parties: Lessor: The City of Clearwater, City Manager's Office, P. O. Box 4748, Clearwater, Florida 33517 Lessee: Clearwater Golf-Park, Inc., 8 Country Club Road, Largo, Florida 33540, or such other address as the Lessee supplies in writing in accordance with this lease. 24. This lease shall be binding upon the parties hereto, their successors and assigns where permitted. 25. The City of Clearwater and Donald E. Bleakley, separately from the lease agreement herein contained between the City of Clearwater and Clearwater Golf-Park, Inc., covenant and agree to enter into a contract to exchange the following properties with each other, to wit: The City of Clearwater agrees to convey to Donald E. Bleakley that property owned by the City of Clearwater, the legal description of which is attached hereto as Exhibit lIC" and incorporated herein by reference as if fully set forth. That Donald E. Bleakley agrees to convey to the City that property owned by him, the legal description of which is attached hereto as Exhibit lIDlt, and incorporated herein by reference as if fully set forth. -13- " ~ ....'11 : . ~ or' . ,. .,.. t>-, ) ,I '. Both parties agree to convey to each other by fee simple deed, and to provide title insurance to each other at the time of closing. Each party covenants to deliver a good, marketable title, free of all encumbrances. 26. It is the intention of all parties to this lease and agreement that execution of the lease, and execution of the contract between the City of Clearwater and Donald E. Bleakley be simultaneously transacted and executed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this :2- r day of ~l711 ~~ I<. 'j , 1970. ~. CITY~, .',.J.'.__ ORlQA" B " ~ Y " . City ~nag~, ., Lessor -- r Approved as to correctness: ~4A; ~ C ty Attorney , Witnesses: X:~L"~b./ -C'~ 7~~ C.~ As to City ,- ~ " - . ~. ........- _.' -. / CLEARWATER GOLF-PARK, INC., Lessee ~~~14-BY Secretary Pre -14- I , .J . '\.. -,,, , ,.. 'iJ1' ,.' ", ,!:~"..." .,4.... . " TO: FROM: COPIES: SUBJECT: DATE: II J I CITY OF CLEARWATER Interdepartment Correspondence Sheet City Attorney City Engineer Airpark Lease Description March 4, 1970 Start at the center of Section '12, Township 29 South, Range 15 East, and run N 890 19' 10" West 50.00 feet, for a point of beginning. Thence run N 000 16' 59" East 50.00 feet; thence run N 890 19' 10" West 145.20 feet; thence run N 000 16' 59" East 158.47 feet; thence run N 890 21' 07" West 434.80 feet; thence run N 000 16' 59" East 300.00 feet; thence run N 890 21' 07" West 475.00 feet; thence runN 000 16' 59" East 825.00 feet; thence run N 890 21' 07" West 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 15' 03" East 858.85 feet; thence run N 890 23' 01" West 642.10 feet; , thence run S 000 13' 07" West 438.50 feet; thence run N 890 21' 07" West 709.76 feet; thence run S 000 13' 07" West 2159.40 feet; thence run East 547.38 feet; thence run S 000 23', 02" East 928.95 feet; thence run S 890 20' 18" East 1717.61 feet; thence run S 000 16' 59" West 160.46 feet; thence run S 890 20' 18" East 375.00 feet; thence run N 000 16' 59" East 1489.39 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. Subject to dedication of Drainage and Utility Easements to cover existing utilities, drainage ditches and drainage structures. ?Jtt 1) MGB: j EXHIBIT !fA" .. ,,-'-'.> 1 , . .' \. I... , ~ A~f .. ( .--.:- .. )1 1 I .~,..-... . .~ Commissioners of the City of Clearwater, as Trustees of the Sinking Funds and Bond Funds of ayor-Commissioner 7z?iS~ &- ;:~~ ( /-1-~1-4/ ~,~_~--i/ rooks Carter, Commissioner /~ V,ffiQV Rick Hall, Commissioner ~-j ~ (j}tde~ Donald Williams, Commissioner ~~~~ Donald Carlson~ Commissioner -15- ., .'" ..."'';' '~ " ~ '.t' " ~',~' I .~' , . ,.....t.. .... ." r~-'-.' . 'SAN, SEWE R ESMT. 6 SET CONe. MONUMENT "1'1 "~ll E A S, T I I I I , I I , 11 77.52' I I I I ~ I 'I I SECTION' 19"INE ......1 WI : i C\il . I C\I ;-1 01 0: %' -I l' I, I SET CONe. I MONUMENT i7. N. 89020 '1 ~'jY. SET CONC. .,MON U MENT co C\I l.d, :lll " CO <{ o a:: ~ en 'If ... o to 'B <{ z 0..1 \1 ~ FQ I RON PI PE , I .. :';'>.;'~" '. ;,' \o~" . (, ' ,(-, \' ../ . tor.. .. ~'< ..'~. \ t". ~ \.. \.; ~_.. ~ .: ~i:. i ',' l;.;, i . t.t: .,\:. I~ l , ...." ~ ..:: ..'t'.' ...... ':~ \,\,' . ' I.,," , lEAL SECTION 11-29-15 "l ~T f C~E~C. MON. ;,. (j) ex) (J) CO SECTION 12 - 29,-15 ui N. 890 2 '~g" W. , . 607. l' 60.00' FD. CONC. MONUMENT S,E. CORNER OF N. E, 1/4 a= S,E. 1/4, OF SECTION 11 ,TWP. 29S" RGE.15 E. .t. . C\I o "M' C\l1 o ' o o vi CERTIFIED FOR SURVEY DEC EM BE R 31 . 1969 ~~CQ~ ,~nl j. " :) - '+<L\' , SH I ELDS E, CLARK \ FLA. SURVEYOR'S REG'N,1433 EXHIBIT lIB" Rev. 2-9-70 SURVEY OF A PORTION OF THE N, E. 1/4 OF THE ~ S.E.1/40F SEC.11-TWP.29 S,-RGE.15 E. AND A PORTION ~ OF THE N.W, 1/4 OFTHE S'w'1/4 OF SEe.12-TWP II " 295.- RGE.15 E.. CIT Y OF CL EA R WA TE R, PI NEUASi COUNTY, FLORIDA ~ ALSO BEING A PORTION OF CLEARWATER AIRPARK I (5 E E DE 5 C RIP T ION A BO V E ) I , ~ tlES7 COAST .Z;JGI;JZ~nltJG COi7P. ENGI~EERS SURVEYORS 7001 4'11 Str.., NortII, It. .......... :s- '..,w. &lCAU 1 .. =200' DATE 12 - 30-69 ,.U NO. 2256 OI'AIII. CHICKID r.a " .,... ,,~...' ~- " f' .',!' ~"-t' -. . ~~ C1TJ OF CLEARWATJR1 DEED OF CONVEYANCE STATE OF FLORIDA } COUNTY OF PINELLAS M THIS INDENTURE, made thl; _2__=__ day of ____~~---------------__, A. D. 19_~~__, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, party of the first part, and ----~Q~k_~_~_.__~_~A!<;~l~_!____________ Pinellas .-----------------------------------------------_------------------------------------____, of the County of _____________________________ and State of ______JrlQ_d~@._____________, party____ of the second part, , WITNESSETH, That the party of the first part, for and in consideration of the sum of-_~_~A~!'!::'_~~::'_':~:"_:_1>ollars and other good and valuable consideration to it in hand paid by said partY______ of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed unto the said partY-.______ of the second part, and to J~_his.-------- heirs and assigns forever, all the following piece, parcel, lot or tract of land, situate, lying and being in the County of Pinellas and State of Florida, and described as follows, to-wit: Commencing at the S}l; corner oftbe NE 1/4 of the SE 1/4 of Section 11, Township 29 South, Range 15 East, City of Clearwater, Pinella. County, Florida, run North 00. 12'2lllEast, 60.00 feet to the Point of Beginning; run thence North 89- 24'42" Welt, 607.01 feet along a line lying 60 feet North of and parallel to the South line of the NE 1/4 of the SE 1/4 of said Section 11; run thence North 00.51149" West, 856; 28 feet; run thence Ealt, 1177.52 feet to a point in the NW 1/4 of the SW 1/4 of Section 12, Township 29 South, Range 15 East; run thence South 00.23'0211 East, 868.94 feet; run thence North 89-20118" West, 563.49 feet along a line lying 60 feet North of and parallel to the South line of the NW 1/4 of the SW 1/4 of said Section 12 to the Point of Beginning; including lake or borrow pit found thereon. Subject to reservations and restrictions of record. TOGETHER WITII all and singular the tenements, hereditaments and appurtenances thereunto. belonging or appertaining; and every right, title or interest, legal or equitable, of the said party of the first part of, in and to the same. TO HAVE AND TO HOLD the same un.to. .the ,said party______ of the second part, 111l!____ heirs and assigns, to ____h!~____ awn proper use, benefit and behoof forever. ' IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its City Manager, City Clerk, countersigned by its Mayor-Commissioner, and approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto. attached, the day and year first abave written. CITY OF CLEARWATER, FLORIDA Countersigned: ElY? I__~~_~~~_t!_~~__?_!!~_~~~!~________________________ City Manager Is / H. Everett Hougen J\ttest: _j_~_L__~~__Ci~__~]}!1~!!~_'!!!_______________________ City Clerk Mayor-Commissioner Signed, sealed and delivered in presence of: ___l_~~_~~~~_];?_~_~!_~~~___________________________________ ___ls / _~ett)[_~~__~~~_~_~~l________________________~_~___ Approved as to form and correctness: _______f_~!__~~~J?_~~!_~~~~!_~~~_______________________ City Attorney STATE OF FLORIDA } COUNTY OF PTh"ELLAS, , ,..-J ~ " I HEREBY CERTIFY, that on this ___~___::=::._____ day of-___l~__________________ A, D. 19_1.~_, befo.re me perso.nally appeared M~_t:!:.~1~J~,.!__~_~!~_!".h~J!!'!f._R~_!"~~_~.t_~____~_~~~~!__~~__Q.!__W_!1J~~E~~_c!L_!!~__!';~!'_~!~_!!C?_~g~1!___ respectively City Manager, City Attorney, City Clerk and Mayor-Co.mmissio.ner of the City o.f Clearwater, a municipal co.rpo.ration existing under the laws of the State of Florida, to. me kno.wn to. be the individuals and afficers described in and who. executett the lore going conveyance to ---------------~~~-~~__~!~~!~X_____ ____________________________________~__________________________________ ---------------------------------------------- and severally ackno.wledged the execution thereof to be their free act and deed as such officers thereunto. duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said convey, ance is the act and deed o.f said corporation. , WITNESS my signature and official seal at Clearwater in the County of Pinellasand State of Florida, the day and ycar last above written. ______L_~L_ ~~!!y_~~__g~E>_~_~ D________ _______., _ __________ Notary Public, State of Florida at Large /( C " My Co.II'.nllssion Expires: Aug. 1, 1970 ~ ,', "q~('