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FIVE YEAR PUBLIC PURPOSE LEASE AGREEMENT . " f , I .-' "J " I :- I WPINO.: SECTION/JOB: COUNTY: STATE ROAD: PARCEL: DESCRIPTION: N/A 1504-150(202), (15040-251 O-N EW) Pinellas 60 11-R Part The Welcome Center PUBLIC PURPOSE LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this:b day of K tit r,-_c~ , 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 Municipal Corporation, hereinafter called "Lessee". WITNESSETH: For and in consideration of the mutual cov€~nants 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 f~ a period of five (5) years and shall commence on the ~ day of \-A 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 portic;>n 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 Mnon-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. (!fl,' ~ ~ \ I I 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 written consent of Lessor. Lessee also agrees to observe and comply with all laws, ordinances and regulations of public authorities. If, hO\^l6ver, 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 without 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 when 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 written 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 .its 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: , t .' I I (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 ($200,000.00) for each person and Five Hundred Thousand Dollar ($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 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 obligaHons, 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 . ;,.. I I 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 Agreement the day and year first above written. LESSOR: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: G:>~-i C/Y>8.9Q William H. McDaniel Jr., P.E. District Secretary ATTEST: L~c~ BY: Executive Secretary LESSEE: CITY OF CLEARWATER, FLORIDA Countersigned: By: ~m~ Elizab . D tula, City Manager Approved as to Legal Sufficiency ATTEST: 9~~ - John Carassas, Assistant City Attorney Approved as to Legal Sufficiency: ~a;rfh,~/~ ..f(e~ WifJs.!. Assistant General Counsel ;!fqr/JtJrtJ uK/Bs~ It f:\pplsewel .. - "- -I I EXHIBIT "An t T. S. N/A. M. S. 5 . II SECTION 1504-201(15040-2522) PARCEL l1-R(Part) 1504-150(202) That portion of the Hortherly R/V 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 fol1ow~ 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' Wett 300.00 feet. thence South 41029'04- West 453.31 feet.. thence South 03~Ot181 [1st 125.l9 feet to a nail and disc for the point of beginning; thence South 05'13'391 Ealt 90.89 feet to I nail and disc. thence South 82'43'321 Vest 575.48 feet to I steel rod. thence North 04013'04' West 74.51 feet to a steel rod. thence South 78~S'3]' East 84.8] feet to I steel rod. thence North 80'42'311 Elst 96.50 feet to I steel rod. thence Korth 60.47'181 Elst 230.99 feet to I steel rod. thence South 62'49'44' East 104.00 feet to . steel rod. thence North 75'33'57' East 98.50 feet to the point of beginning less and except the Eut 25.00 feet and the South 22.00 feet of the above describ~~ property. Cont.infng 0.76 acre. lOre or less. 'Thts conveyance fs ~de subject to all uttltties tn place .nd in use. and to the maintenance thereof.' Descrtptfon by: V. R. McClus~ fa>>d6 C I T Y OF , CLEARWATER Ll>Q,lCOM-t- ~ POST OFFICE lOX UU CLEARWATER. FLORIDA 3.111..7.1 car ....., April 19, 1996 Susan Rosetti District Administrator Property Manaqement Florida Department of Transportation 11201 N. McKinley Drive Tampa, Florida 33612-6403 as: Leas. .xtension - s.a. 60 .elco.. station SBCTIOB: 1504-150 (202) COUNTY: pin.lla. PARCBL: 11-R Part (15040-2510-B") MftY 3 0 ~ Dear Ms. Rosetti: This letter will serve to provide notice to the Florida Department of Transportation that the City of Clearwater wishes to extend the term of the above referenced lease agreement for an additional ten (10) year term followinq expiration of the current lease on July 16, 1996. This notification is provided pursuant to paraqraph #1 of the lease. It is my understandinq, that without effecting existinq Welcome station improvements, the description of the lease premises will be amended in the renewal document to reflect a planned road wideninq project by the FDOT for that section of state Road 60. I have verbal assurance from the Greater Clearwater Chamber of Commerce that it concurs with the lease extension, and will be providinq me written notice to confirm that intention. Please deliver the renewal lease document to Earl Barrett, Real Estate Services Manaqer, at the City Post Office Box address listed above. Mr. Barrett will shepherd the lease through legal and staff review, and for City Commission action. You may contact him at 462-6042 for any assistance you may require on this matter. Sincerely, ~~ Et(zabeth M. Deptula City Manaqer cc: Pete Woodham, Greater Clearwater Chamber of Commerce Paul Kelley, Clearwater Beach Chamber of Commerce o "Equal Employment and Affirmative Action Employ.,"