NINETY-NINE YEAR LEASE AGREEMENT
111
, -,
'':4..
-
J
'"'
COUNTY: I,.
SECTION: '
STATE ROAD:
PARCEL:
Pine11as
15570-2603
S-595-A
Part Parcel Number 271.]
LEASE AGREEMENT
THIS AGREEMENT, made this
/~~y
of
192!!..., by and between the STATE OF FLORIDA DEPARTr,
hereinafter called the "Department", and CITY OF CLEARWATER, FLORIDA,
hereinafter called the "City";
WIT N E SSE T H
WHEREAS, the City is prepared to utilize certain Department
lands for public park purposes without thereby interfering with the
needs of the Department in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the
covenants contained herein the parties agree as follows:
1. The Departmen't leases to the City, for use as a public
park, the lands described in Exhibit "A", attached hereto and made
a part hereof.
2. The lease term shall be for 99 years beginning with
the date of execution hereof, subject to the right of each party to
terminate this agreement upon 30 days notice.
3. The Department reserves the right to use the leased
lands as a water retention area and to overflow said lands and store
water thereon to the extent deemed necessary or desirable by the
Department.
4. The City will maintain the leased lands, the parties
TPcngTli 7ine th::lt the benefit flCCT1)jng Tn thp Der8TtTTII'=>nt by Teason of
such maintenance is greater than the economic rent obtainable for the
leasehold interest created by this agreement.
s. The City agrees to indemni~y, defend, save, dnd hold
harmless the Department from all claims, demands, liab~lities, and suits
vf any witUll;;:;...11ats0~VE;1- arising out of, because of" or ulle to the
breach of this agreement by it, its subcontraG:tors, age1lts, or
employees, or due to any act or occurrence of omission or commission
of the City, its subcontractors, agents, or employees.
I~....F)-;;;Q --J
"1_n_'~u'~~L m__~
/" ~ ,
'...
..,'
eh<,'
'..
.I
"
f
1-
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
WITNESSES:
&~ d. 1~
'h\ ; ~t~ 1\ ri-J {.j~; t.:<~rYl
r .'1
\" C/
Countersigned:
~~
Mayor-Commissione '. , .
ctne s s:
APPROVED AS TO FORM, LEGP,UTY ~~~A~~C~UTION
FLORIDA DEPARTMENT OF TRANSPl ,
B> f.."J /li'!.1
'ASSISTANT .ATTORNEY
STATE OF FLORIDA DEPARTMENT OF
TRANSP RTATION
~.".".
r ~.- ',: ,- "-,
-. "-'-- ... " ,:':-,
~.. .....i,.\ .
ATTEST:
Executiv
CITY
BY:
ATTEST:
TITLE:
"
'.1' ,., ,~~.'.
~ " ';'~ f . '
.;.:.. 1 '"'.,/
I' ,
"
I
EXHIBIT "A"
Section 15570-2603
State Road S-595-A
Pinellas County
Part Parcel Number 271.1
That certain tract of land lying and being in Section 22, Township
29 South, Range 15 East; described as follows: Begin at the north-
west corner of Lot 57 (no block given) according to map of replat
of Third Addition to Salls Subdivision~ as recorded in Plat Book
36, page 31, Pinellas County records, for a point of beginning;
and from the point of beginning thus established run thence westerly
along the east and west centerline of Section 22, Township 29 South,
Range 15 East, to the east boundary of Lot 10 in Rlock "All of
Second Addition to Salls Subdivision as recorded in Plat Book 35,
page 6, Pinellas County records, run thence southerly along the east
boundary of Block "All of said Second Addition to Salls Subdivisioi1
to the north't/2st corner of Lot 1 in Block 118" of said Second
Addition to Salls Subdivision; run thence easterly along the north
boundary of Block liB" of said Second Addition to Salls S!Jbdivision
to the west line of Lot 64 of said replat of Third Addition to
Salls Subdivision; run thence north to the northwest corner of
Lot 59 of said replat of Third Addition to Salls Subdivision; run
thence westerly to the southwest corner of Lot 58 of said replat
of Third Addition to Salls Subdivision; run thence northerly to
the established point of beginning,
Less and except:
formerly Lots 102, 103 and 104 of E1dorado Subdivision, in Section
22, Township 29 South, Range 15 East, as per plat thereof recorded
in Plat Book 14, page 66, Public Records of Pinellas County, Florida
being described as follows: Begin at the SE corner of Lot 4,
Block A, Second Addition to Salls Subdivision, in said Section 22,
as per plat thereof recorded in Plat Book 35, page 6, Public Records
of Pinellas County, Florida, run thence East 20 feet, thence North
138 feet, the West 20 feet, thence South 138 feet to the Point of
Begi nni ng,
Containing 437,550 square feet or 10.047 acre, more or less.
STATE OF FLORfD~ DEPARTMENt OF TRANSPORTATION
h'IGHT OF WAY 8Y;REAU
DESCRIPTlQN APfJROVED #/#-
I,
"'"-
'. '
._' ,4
1"
I
RESOL UTION
No. 76 - 8
WHEREAS, during construction of Missouri Avenue, the State
of Florida Department of Transportation obtained Block 3, Eldorado
Subdivision, which is located East of Missouri Avenue and North of
Bellevue Boulevard, in the City of Clearwater, Florida; and
WHEREAS, the City of Clearwater desires to use this property
for park purposes and as a water retention area; and
':VHEREAS, the Department of Transportation is willing to
lease said property to the City with the provision that the City maintain
it;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the proper City officials are hereby authorized to
execute that certain Lease Agreement between the State of Florida
Department of Transportation and the City oJ Clea:-water to lease for
use as a public park certain real property in Block 3", Eldorado Sub-
divis ion.
z. That a certified copy of this Resolution be transmitted to
the State of Florida Department of Transportation.
PASSED AND ADOPTED this
15th day of January, A. D. 1976.
/ s I Gabriel ,Cazares
Mayor-Commissioner
Attest:
/s/ R. G. Whitehead
City Clerk
~
~- :!
...
'.
(-
I.
I, R. G. WHITEHEAD, duly appointed City Clerk of the City of
Clearwater, Florida, certify the foregoing to bea true and correct
copy of Resolution No.
76 - 8 adopted by the City Commis s ion on
the
15th
A.D. 1976
January
day of
Witness my hand and the seal of the City of Clearwater,
this 16th
A.D. 197~.
da y of
January
6"1 J7
5), ,\V~
...
0-
12 14
., 51, S 43.7 40,
0 N. 1/4 SEC. 22
fQ
0 S.W. 1/4 SEC, 22
,...,
7/
N
<>
....
~ '7'
I
J "
~
,
.' 51: 0
:I - :351 It)
4&
5 1\
"
--
t' I
1.8
113
\J 12
"
~ II
...
~ /) 87
50
1:\
'~
~
/409
"",cf.
,
"
w
>
<!
,"l1-
- - - -31 -- -- - ~
L.LI
c..o 30 ~'1.1
o
~'O
I.LJ
>
<!
In l;)
36 24 -.
Z Ii) ~
I~~I /.382- 60
0 35 > I ~ <:" . i
~ 25 -'
O-~
34 13i4
"l 1)S.AtS
ll\ 26 0
~
14) CO
13 SS
Of
,..... 3 0
Z
-~- -31--W--
a
:z:
I.LJ
a:
u..
I:)
'ij..
t>.:
"
0.,
'Q
Ii'I} 7
,
,---- ----
"
I I J" w
!? 57 >
14(,.0 <!
I. 5'
I
REP AT,
58 /404- I
I) l.- f
1/,5
59 ~
'0
ILjog I
~
"
61 141~
:" A DO.
1:'
c
<(
.
c:
C\J
1~3Y "
~ 1441 2
/443
144-5 .-
~ I
.. /-11'
6 /4/7
.
}4/J
62
141.. 0
.
,
63
/42.4"
.:
\'
/41.8 ~
64 \a
Z
<!
....J
>-,
01
CD
Ilf,
'"
,~
II
.0 ,
;\'UTI ,- E~t-~T,- j.
I \\ Il
I J>5, ,'6' 6 6 ~
....~. ~ 1"l'3Z- ~
'-- I .:.z~_' r-.,,,, ~ ..A .;-.,., ....~,..,' r
t
!
'-'i
~L:LS
12 ""'
~
6
ti : 10 -. II.
eC:) ~
~ -: ,,- ~-
-':+
3
4 . 5
! I (ti\ ~,
~
,.'"
-J:I
~
~
'r
'"-t ,
-.'1
rvlEMORANDUM TO:
The City Commission of the City of Clearwater
. -.--.";'" ':~ .. );
, '
Agenda No. ';<3
Meeting Date: J2./1~!75
SU BJ ECT: Lease Agreement with D. O. T. re: Drainage Area
RECOMMENDATION: Adopt a Resolution affirming the City's desire to obtain use of
Department of Transportation property (Blk 3, Eldorado Subdivision, Missouri Avenue,
north of Bellevue Blvd. ) for a public park and major drainage storage area in accordance
with the attached proposed 99 ~year agreement,
!5;And that the appropriate officials be authorized to execute same.
BACKGROUN D:
During construction of Missouri Avenue, the State D. O. T. obtained the property for use as
a drainage/ponding area for Missouri Avenue. This property is east of Missouri Avenue
and north of Bellevue Blvd. It consists of approximately ten acres.
The staff has been endeavoring for the past seventeen months to acquire use of this property I
for park purposes in addition to its use as a water retention area.
The attached proposed agreem,ent runs for 99 years on a no-fee basis. The City is granted
the right to use it for park purposes and for water retention. The City will be required
to maintain the property and allow D. O. T. to drain water to the property from Missouri
Avenue.
The property is completely fenced in and is accessible from the north side through
Young and Friend A venues.
Commission Disposition:
FOllow-up Action:
Submilted by:
~.. PictJ3=f'&
Clt~ Mana~r
- -
7'> /",1..,/ c), - /.1
Date B Sequential
Referel,cc
~
1//31 7'5"
Advertised:
I 3-,'3 tr
Dote:
I:iCl Affected
Pnrtie~
Notified
of Meeting
Costs: N/ A
Fllnrlinn Snllr/"p'
- -. - - - . - w -_ - --. - -
~Attachrnents:
Propos ed
Ag-reement
and map
ZiilNot Required
o Nor Required
o Capital Improve-
ment Budget
o Operating Budget
o Other
Paper:
Originating Deportment:
Appropriation Code
Admini s tr a tion
o None
.
.