FIVE YEAR LEASE AGREEMENT
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STATE OF FLORIDA DEPARTMENT OF TRANSPORT AnON
LEASE AGREEMENT
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FORM 575-060-33
RlGfIT OF WAY - 09/94
Page I of 4
State Project No.N A
W.P.I. No. 256463
F.A.P. No. N.A.
State Road No. 60
Parcel No. NA
County Pinellas
Section/Job 15040-2522
THIS AGREEMENT, made this l4 day of .~ "''" ~<-- ,1999, by and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter ca led the Lessor) , and City of Clearwater. Florida. Inc.
645 Pierce Street. Clearwater. Florida 33756 (hereinafter called the Lessee).
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WITNESSETH:
In consideration of One Dollar ($1.00) and other good and valuable considerations, the Parties agree as follows:
1. Property and Term. Lessor does hereby lease unto Lessee the lands described in Exhibit "A" for a term of five
years beginning ., n ,( '1and ending . I ~ . This Agreement may be renewed for an additional five
year term at Lessee' option, subject to the rent djustment as provided in Paragraph 3 below. Lessee shall provide Lessor
~ days advance written notice of its exercise of the renewal option.
If Lessee holds over and remains in possession of the land after the expiration of the term specified in this Lease, or
any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and
conditions as herein contained in this Lease.
This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements,
or restrictions of record.
This lease shall be construed as a lease of only the interest, if any, of Lessor, and no warranty of title shall be deemed
to be given herewith.
2. Use. The leased land shall be used solely for the purpose of constructing. operating and maintaining a public
recreational area. If the land is used for any other purpose, the Lessor shall have the option of immediately terminating this
Agreement. Lessee shall not permit any use of the land in any manner that would obstruct or interfere with any transportation
facilities.
The Lessee will further use and occupy said premises in a careful and proper manner, and not commit any waste
thereon. Lessees will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises.
Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
defined under any state or federal laws or regulations or as those terms are understood in common usage, are specificall)
prohibited. The Lessee will not use or occupy said premises for any unlawful purpose and will, at Lessee's sole cost anc
expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements and orders 0
governmental authorities or agencies respecting the use and occupation of said premises.
3. Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of
$0 plus tax, for each year of the term. If this Agreement is terminated prior to the end of any rent payment period, th
unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Lesse
shall pay any and all state, county, city and local taxes that may be due during the term hereof, including any real propert:
taxes. Rent payments shall be made payable to the Department of Transportation and shall be sent to 11201 N. McKink
Drive. Tampa. Florida 33612. The Lessor reserves the right to review and adjust the rental fee biannually and at renewal t
reflect market conditions. Any installment of rent not received within ten (10) days after the date due shall bear interest at th
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FORM 575-060-33
RIGfIT OF WAY - 09/94
Page 2 of 4
highest rate allowed by law from the due date thereof. This provision shall not obligate Lessor to accept late rent payments
or provide Lessee a grace period.
4. Im,provements. No structures or improvements of any kind shall be placed upon the land without prior approval
in writing by the District Secretary for District ~ of Lessor. Any such structures or improvements shall be constructed
in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlords lien, any structures or
improvements constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and expense, by midnight on the
day of termination of this Agreement and the land restored as nearly as practical to its condition at the time this agreement is
executed. Portable or temporary advertising signs are prohibited.
Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the property or premises
hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee
does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee.
Lessor reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements
as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole costs and expense.
5. Maintenance. Lessee shall keep and maintain the land and any building or other structure, now or hereafter erected
thereon, in good and safe condition and repair at Lessee's own expense during the existence of this lease, and shall keep the
same free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous,
inflammable or objectionable. Lessor shall have no duty to inspect or maintain any of the land, buildings or other structures,
if any, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee, to
enter the property for purposes of inspection, including conducting an environmental assessment. Such assessment may include
but would not be limited to: surveying; sampling of building materials, soil and groundwater; monitoring well installations;
soil excavation; groundwater remediation; emergency asbestos abatement; operation and maintenance inspections; and, any
other action which might be reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by
Lessor, nor shall it relieve the Lessee of its duty to maintain the property. In the event of emergency due to a release or
suspected release of hazardous waste on the premises, Lessor shall have the right of immediate inspection, and the right, but
not the obligation, to engage in remedial action, without notice.
. Indemnification;-Lessee-shall-.indemnify;-defend;-save-and'hold-Lessor,-its-agents-and-emp1()yees,harmle~
fre' . . bitities-of-anynature;-includin~ eys-fees
(inclttdiI1g regula peHat~g-out-of;--beeause-ef,-Qf-due-to--any-ac-€-ident-;-happenin uHence-on--the
leasefr-land-or-ilfising-m-an er-on-aecount-of-the exe.rcisc or-attempted-exe . ts41erwftder,-whether
the-same-regards-person-or--propertY=or::aft~ture-whatsoever,regardless-of-the-ap~ ent--of-negligeflGe..,unless-due--to
-the-sole--negligenGe-of-bessor.
Lessee1s-obHgation-toinderrmify;-defencI-;-and-pan efe_nse-uratLhe-f)epartmen~ption,-to--participate-and
associate with the . Department-in -thede~enseand tria - y- claimanda;y-r.elated -settlement-negotiations;shall-be-triggered
by the Department's notice of claimforinde . lcation to Lessee.-~S5ee" sinabilrty-to::evaluate-liabilityorits-evaluation-of
liability :.halluot'eXCUse-J:;essee .~ efenctandinderrmify withirrseven-days-after-su~~~e-Department-is-given
by-registered-mait:-0nl~d:jficlicatiull U1 j udl;;lhem-after-the-highest -appeal-is -exhausted -speeifieally-Thldinlt.the-Department
-solely-neglige,aw6'cuse .performance-of-this-provisiOIrby-tessee;-L-essee-shall-pay-all-costs -and.. fees~lateQ:t. -too--ththiiss
-6bligation- -lts-enforcement-by-the-Department.-Department'-s.failure-to-notify..J P<:<:Pf>. of.a claim <:hllll not Telease~
~Q above duty to defend-.
7 .1nsuranc~~xpense,slicill'inamta:iri-anm timeS-during-theterm of this Lease-,--public-liabilityjnsurance
protectingLess~r~dLessee-againstany-and~s-fodnjury-an~ -damaget~~~~_<?.I!5",:",QLproperty-or foftlie ~loss-of life OJ
property-occurnng-m,on or-about-the-land-arising-oUtOI1h.~.!1egbgenee;'OniiSslOn-;-nonfeasanceor -malfeasance-of-Lessee,
it~ empluyee:s, dl;;elll:s, I,;UlltractOI:S, C":l~_~Y!llers;::fu:enseesau(r~viteeS?S~nce:s aH-be-carriedinaminimum-amount
"5fnortess~~~~.-----":::::::::-:::::::'= . - -Tbousand-Dollan-($ ) fof-bodily-injury-or ea:t~.~eISQIl.QUlJl)
-numberOfllersons in-any-one-uccurrence-and-nOLless-tharroneinmlfre(hhousand-dollarsi$fOO;O(l(};OO)-for-property=damage.
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FORM 575-060-33
RIGHT OF WAY - 09/94
Page 3 of 4
uch policies shall be issued bycompaniesofrecognized responsibility licensed to do business in the Btate of F1orida~l}c:l
.aU-suchpo' all contain a provision whereby the same cannot be canceled or-modified unless Lessor-is-given-aHease-sixty-
{60I-daysprior.written _ _ of .such cancellation . or _modification;-Lessee-shall--provide-Less~~=-gertifica.tes-showing--such-
jn~,gr:aIlceJo be in placeandshowm or as additional named insured under thepol!<;ies;--Lessor may require the amount
. of any public liability insurance to bemaintaine see be increased so_thaubeamountthereofadequately protects Lessor's
.interest.-Lessee-further-agrees-that-it-shaH-during-the -fu __ . this -:tease-andat its-own expense - ke-epthelaild -ana -any
improvements -onthe-land -fully-insuredagainst -loss])! :darna..idw.foce-=:-atF _ - _.miIty.-Lessee-also -agree-g:=lliafifThiilraill'itrg -
.-the .full-termofthis-LeaStfand at~~~_9-wnexpense keep its contents and_personal__~~_.__~~cate~ ~n the}an~!lllly _~sured
~gams.uo.ss.nL.d:lm:le~bY iire...:m:-otber-casualty--and-does-herebYielease-and--waIve onl5ehaIfof--J.~Q Its msurer,l)y
--subrogation:Qf-::otberwlse;-all claims-against-bessor-arising-out-of-any-fire-or-other-casualty -whether-or-not -such-fire~r -other .
,casualty-shall- have resulted-in -whole-or-irrpartifonrthe-negligence--oft-essor .
8. Eminent Domain. Les~ee acknowledges and agrees that its relationship with Lessor under this Lease is one of
Landlord and Tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this
Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to
entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including but not limited
to (i) any residual interest in the Lease, or (ii) any other facts or circumstances arising out of or in connection with this Lease.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,
or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business
profits resulting from its loss of occupancy of the leased property specified in this Agreement, or adjacent properties owned
or leased by it, when any or all such properties are taken by eminent domain proceedings or sold under the threat thereof .
This waiver and relinquishment applies whether (i) this Lease is still in existence on the date of taking or sale; or, (ii) has been
terminated prior thereto.
9. Miscellaneous.
a. This Agreement may be terminated by Lessor immediately, without prior notice, upon dt:!fault by Lessee
hereunder, and may be terminated by either party upon sixty (60) days prior written notice to the other party.
b. In the case of litigation arising out of the enforcement of any terms, covenants or provisions of this Lease, the
prevailing party shall be entitled to recover its reasonable attorneys' fees from the non-prevailing party.
c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms and has had adequate opportunity
to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily. This
Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings
and agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the
leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement
between Lessee and Lessor with respect to the subject matter hereof. No modification, waiver or amendment of this Lease
or any of its conditions or provisions sh~ll be binding upon Lessor or Lessee unless in writing and signed by both such parties.
d. Lessee shall not sublet the leased property or any part thereof, nor assign this Lease, without the prior consent
in writing of Lessor, this Lease being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of
rental from a third party shall not be considered as an assignment or sublease.
e. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone and telegraph
services, or any other utility or service used on the land.
f. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address.
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FORM 575-060-33
RlGHT OF WAY - 09/94
Page 4 of 4
g. This property was acquired for transportation purposes and this lease in no way shall be construed to interfere
wit.!I future transportation projects.
h. Erosion and drainage control shall comply with the then current standards as established and promulgated by
Lessor.
i. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United
States of America.
j. No modification, waiver, or amendment of the Lease or any of its conditions or provisions shall be binding upon
the Lessor or Lessee unless in writing and signed by both parties.
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed, the day and year first above
written.
APPROVED AS TO FORM,
AND LEGAL.. ~
~
Assistant strict Counsel
Ke eth A. Hartmann, P. E.
Attestlstr;;::~: ~~
(SEAL)
Executive Secretary
LESSOR
By:
Robert J. S
Assistant City
J ~ly Of Cleawater, Florida
APPROVED AS TO FORM
By:
Title :C'i{yM :mll g)'r
Attest~..~
Aj~/,:j '" - _:.--
Title: rity f')PTr - - - .
(SEAL)
LESSEE
H:\propmg.lpplsclwr
1>>
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ElHIBIT tAt
PlGE 2 of2 .
l F . ---J---
\N/~;'" ,..,.,'"' =-,,: ',j~
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NORTH
P T /27 +63.07 rt.. Const ruet ion=
/27+63.82 ([ Survey . 60
r, 5 u rv ex 5 !~;4~ !2~?7~2522)
't. (section 140+00
130+00 135+00
N820I0'OO"E
45' 150+00
\
Station /48+74.58
PT /27+/0.5/ Cf Survey
200'
Station /27 + 37.14
Oeser Iptlon
That portlon of Section 169 Township 29 South 9 Range 16 East 9
Pinel/os CountY9 Florida lying south of 0 line forty rive feet
south of and paral/el with the centerline of survey of State
Rood 60 os per Section 15040-(2517)25229 north of 0 line two
hundred feet south of and [2Qrallel with said centerline of
survey? from statlon 127+37.14 to station 148+74.58 of said
centerline of survey.
Containing 7.606 acres more or less.
NOT A SURVEY
CL = centerline
PT = Point of Tangency
/ hereQ'j certify that the above descrlptlon meets
the Minimum Technical Standards os set forth py
Chapter 616'- 7 of the Florida Administrative Code.
FLORIDA DEPARTMENT OF TRANSPORTAT\O~
RIGHT OF WAY MAPPING
RIGHT OF WAY PARCEL SKETCH
STATE ROAD NO.GO
P\NELLAS
COUN
Bt O~Ti:
PREL It,! ~P
2122 193
NOT A SURVE'I
Rqy E 'Peters
Flori a Professional Survf}'jor and Mapper No. 4662
NOT VALID UNLESS SIGNED AND SEALED
FINAL R~P
CHECKED RP If
lIoU'S PREPARE:) BT
FOOT DISTRICT 7
w.P.I. NO. 7116543
2122/39
2/22 199
rlHO BOO< NO.'S
029JJ8
S:'~EI NONE
REVISION
Bt
DATE
SECTION 15040-2522
$HEE T I
OF I
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AJDENDUM TO LEASE AGREEMENl
State Project No.
W.P.I. No.
F.A.P. No.
State Road No.
Parcel No.
County
Section/Job
NA
7116543
NA
600
RJW
Pinellas
15040-2522
,
6. Paragraph 6 (Indemnification) of the Lease Agreement is deleted and the following language is
substituted:
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the
Lessor and all of its officers, agents, and employees from any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its
agents, or employees, during the performance of the Agreement, except that neither Lessee,
its agents, or its employees will be liable under this paragraph for any claim, loss, damage,
cost, charge, or expense arising out of any act, error, omission, or negligent act by the Lessor
or any of its officers, agents, or employees during the performance of the Agreement.
When the Lessor receives a notice of claim for damages that may have been caused
by Lessee in the performance of services required under this Agreement, the Lessor will
immediately forward the claim to Lessee. Lessee and the Lessor will evaluate the claim and
report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Lessor will determine whether
to require the participation of Lessee in the defense of the claim or to require that Lessee
defend the Lessor in such claim as described in this section. The Lessor's failure to promptly
notify Lessee of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Lessee. The Lessor and Lessee will each pay its
own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only
one party participates in the defense of the claim at trial, that party is responsible for all
expenses at trial.
7. Paragraph 7 (Insurance) of the Lease Agreement is deleted and the following language is
substituted:
Lessee, at its expense, and during the term of this Lease, shall either maintain at all
times, public liability insurance protecting Lessor and Lessee, or self-insure against any and
all claims for injury and damage to persons or property or for the loss of life or property
occurring in, on, or about the land arising out of the negligent act or omission of Lessee, its
employees, agents, contractors, customers, licensees, and invitees. Such public liability
insurance or self-insurance shall be canied in the amount of not less than $100,000 per person
or $200,000 per occurrence for bodily injury, death, or property damage. Any policy of
liability insurance purchased by Lessee specifically to insure the obligations of Lessee as set
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forth in this lease, if any, shall by issued by companies licensed to -do business in the State of
Florida, and any such policy shall contain a provision whereby the same cannot be canceled
or modified unless Lessor. is given written notice of such cancellation or modification as
required by law. Lessee shall provide Lessor annually either a certificate of insurance or a
letter of self-insurance, as the case may be, showing such liability insurance or self-insurance
to be in place.
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