30 YEARS LEASE AND MEMO REGARDING LEASE COMMENCEMENT DATE
P~EPAR~l)> BYANp RETURN TO: J
'HARRY S. CL INE, ESQ. I
Macfarlane Ferguson & McMullen_
Post Office Box 1669
Clearwater, FL 33757
oJ 187805 MAY-18-200 1 11: 17AM
PINELLAS CO 8K 11377 PG 2014
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LEASE
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THIS LEASE, made and entered into this 7 day of ~cJ//'
,2001, by
and between CITY OF CLEARWATER, a municipal authority, whose mailing
address is: Attn:
Pam Akin
, Post Office Box 4748, Clearwater, FL 33758-
4748, hereinafter referred to as "City", and PACT, INC., a Florida not-Cor-profit
corporation, whose mailing address is: Attn:
, 1111 McMullen-Booth Road,
Clearwater, FL 33759 hereinafter referred to as "PACT";
'\ WIT N E SSE T H:
WHEREAS, City accepted a donation ofland in 1977 from Kapok Tree Inn, Inc.,
to the City of Clearwater, pursuant to that Resolution No. 77-133, with the understanding
and agreement (the "Agreement") that the properties involved would be developed for a
performing arts center all properties described on Exhibit"A" attached hereto and all
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improvements thereon (being collectively referred to as the "Arts Facility"), said property
being more fully described in Exhibit "A" attached hereto (hereinafter referred to as the
"Entire Parcel"); and
WHEREAS, subsequent to accepting the donation of the lands as aforesaid, the
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City pursuant to Resolution No. 78-127, did enter into a Ground Lease with PACT on
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March 14, 1979, reflecting a lease term from January 1, 1979 through December 31,
1993, with renewal provisions for an additional fifteen (15) years, with a maximum lease
extension of fifty (50) years; and
WHEREAS, subsequent to execution of the lease as aforesaid, incident to
financing and construction of the performing arts facilities, the City and PACT canceled
the lease agreement, and the properties described on attached Exhibit "B" were sold,
transferred and conveyed to PACT (hereinafter referred to as the "Building Parcel"),
subject to a right of reverter back to the City upon payment of bond indebtedness which
was required to pay for initial construction, and.the balance of the lands remaining
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continued to be owned by the City (hereinafter referred to as the "Parking! Access
Parcel"), subject to an easement authorizing PACT to construct parking, lighting
installation and signage on the remaining lands, as reflected by that easement agreement
dated June 4, 1981, and duly recorded in O.R. Book 5199, page 1813, public records of
Pinellas County, Florida, and simultaneously therewith the City and PACT entered into a
Facilities Use Agreement; and
WHEREAS, on August 26, 1998, the City and PACT did enter into a further
Maintenance and Operation Agreement pertaining to the parking lot, entranceway, and
landscaping and other related matters as to the Parking! Access Parcel; and
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JUN - 5 2001
MACFARLANE FERGUSON & McMuLLEN
i\TTORNEY
ATTORNEYS AND COUNSELORS AT LAW
900 HlGHP01NT CENTER
106 EAST COLLEGE AVENUE
TALLAHASSEE, FLORIDA 32301
(850) 681-7381 FAX (850) 681.0281
400 NORTH TAMPA STREET, SUITE 2300
P. O. BOX 1531 (ZIP 33601l
TAMPA. FLORIDA 33602
(813) 273.4200 FAX (813) 273-4396
625 COURT STREET
P. O. BOX 1669 (ZIP 33757)
CLEARWATER, FLORIDA 33756
(727) 441-8966 FAX (727) 442-8470
June 1,2001
IN REPLY REFER TO
Post Office Box 1669
Clearwater, FL 33757
Pam Akin, City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, FL 33757-4748
Re: City of Clearwater / PACT, Inc. [lease commencement date]
Dear Pam:
The original Lease agreement was executed with the commencement dates left blank on
pages 3 and 4. This was necessary because when approved, the transaction was subject to PACT
paying offthe existing indebtedness so the City of Clearwater would acquire ownership of all ofthe
ground and improvements.
The documents were recorded on May 18th. I would like to suggest that we insert in the
lease, on pages 3 and 4, that the commencement date is May 18th, and then the termination date
would be May 17th.
I do not see that it is so important that we re-record the lease, but I would like for you to
confirm, if you agree, that these dates represent the commencement date for the new Lease and
Facility Use Agreement.
As always, thank you for your assistance and I shall look forward to hearing back from you.
Sincer
~\' Cline
HSC:koh
Enclosure
cc: PACT, Inc. [Attn: Mr. Robert Freedman]
H:IData IAtylHSCIP ACTIAKIN.601
"
MCFARLANE FERGUSON
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I 727 442 8470
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06/07 '01 ~6:11 NO.625 02/03
'. 'NEt..t:.FlS C:OUNTY Fl.-A.
C).,.",RE:C ~ BK 11~17 PO 2016
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WHEREAS, incident to the bereinabove identified agreements between the parties,
. PACT did in fact construct the perfonning art facilities consistent with the original
Agreement causing the Entire Parcel to be conveyed to the City, and subsequent thereto
operated the En!i~e,Parcel at all tim.es in conformity with the original intent of-the said
Agreemetit; and @
WHEREAs, on Ih.~~oo.y of\J1b'f -;2001', PACT paid off all of the . i
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underlying bond indebtedness, whioh consistent with the tenns of the original bond issue
and agreements, resulted in the l:llVerter of fee simple title Olllhe propeI:lies described on ~
"Exhibit f'B" to the City such that the City was thereupon fee simple titI~ owner .ofthe l~
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Entire Parcel, as described 011 Exhibit "A", which included the performing arts facility,
the parking lot, entry roads, and other associated properties pertaining to the performing
arts center; and
WHEREASt PACT has indicated a willingness and a desire to continue to operate
the Arts Facility, and to continue to solicit funds, and to mainfDin.J repa~ and otherwise '
use and develop the said premises and improvements thereon for a performing arts center
as heretofore done, conditioned upou the City entering into a long term. lease agreement
With PACT;. and ..
WHEREAS, the City has had the required public hearings to have the properties
described on attached Exhibit "A" declared surplus, and has determined' that PACT,
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having raised the funds necessary to construct the performing arts facilities, and having
operated and maintained the facilities and provided programming and ~therwjse. complied
with the original intent of the donors, as approved by the City in 1977) and complied with
all other agreements existing with the City from time to time, is therefd.re the proper party
to continue to operate the facilities under a lease agreement, upon the tenus and
provisions hereinafter set forth, it is
AGREED for the sum of One Hundred ($100.00) Dollars and other-valuable
considera,tion.s, the receipt of which is hereby aclmowledged, as follows:
1. Recitals. The recitals set forth above are 1roe and COtrect!and are
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incorporated herein by reference.
2. Demiseq Premis~. City does hereby Jease to PACT the toea! property and
all improvements located thereon (hereinafter called the "Premises''), wihioh are known
and described as followS:
See Exhibit "At' attached hereto and made part hex'eofby reference.
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3. .lttitiiU Thrm. The In,itial T em of this Lease is thirty (30) years and shall
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4.
QmiQn to Extend Thrm. If PACT is c.ot in default hereunder, at the
expiration of the Initial Tenn, PACT shall have the right and option to elx:tend the term of
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WHEREAS, incident to the hereinabove identified agreements between the parties,
PACT did in fact construct the performing art facilities consistent with the original
Agreement causing the Entire Parcel to be conveyed to the City, and subsequent thereto
operated the Entire Parcel at all times in conformity with the original intent of the said
Agreement; and
WHEREAS, on the _ day of
, 2001, PACT paid off all of the
underlying bond indebtedness, which consistent with the terms of the original bond issue
and agreements, resulted in the reverter of fee simple title on the properties described on
Exhibit "B" to the City such that the City was thereupon fee simple title owner ofthe
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Entire Parcel, as described on Exhibit "A", which included the performing arts facility,
the parking lot, entry roads, and other associated properties pertaining to the performing
arts center; and
WHEREAS, PACT has indicated a willingness and a desire to continue to operate
the Arts Facility, and to continue to solicit funds, and to maintain, repair and otherwise
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use and develop the said premises and improvements thereon for a performing arts center
as heretofore done, conditioned upon the City entering into a long term lease agreement
with PACT; and
WHEREAS, the City has had the required public hearings to have the properties
described on attached Exhibit "A" declared surplus, and has determined that PACT,
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having raised the funds necessary to construct the performing arts facilities, and having
operated and maintained the facilities and provided programming and otherwise complied
with the original intent of the donors, as approved by the City in 1977, and complied with
all other agreements existing with the City from time to time, is therefore the proper party
to continue to operate the facilities under a lease agreement, upon the terms and
provisions hereinafter set forth, it is
AGREED for the sum of One Hundred ($100.00) Dollars and other valuable
considerations, the receipt of which is hereby acknowledged, as follows:
1. Recitals. The recitals set forth above are true and correct and are
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incorporated herein by reference.
2. Demised Premises. City does hereby lease to PACT the real property and
all improvements located thereon (hereinafter called the "Premises"), which are known
and described as follows:
See Exhibit "A" attached hereto and made part hereof by reference.
3. _ Initial Term. The Initial Term of this Lease is thirty (30) years and shall
commence on the
day of
, 2001 and shall expire on the _ day of
, 2031.
4.
Option to Extend Term. If PACT is not in default hereunder, at the
expiration of the Initial Term, PACT shall have the right and option to extend the term of
Landlord
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this lease upon all the terms, provisions and conditions herein set forth (unless otherwise
expressly set forth herein) for an additional period of thirty (30) years. PACT shall
exercise said option by giving written notice of its exercise of such option to City at the
address set forth above by registered or certified mail, postage prepaid, mailed not less
than one hundred eighty (180) days prior to the expiration of the Initial Term hereof.
5. Rent. In consideration for this lease agreement, PACT agrees to undertake
and perform the obligations herein. The principal consideration to City for the rights
herein granted is for PACT to maintain, restore, replace and operate the Arts Facility as
herein provided, and for the general enjoyment of the citizens of the City of Clearwater,
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Florida, and surrounding areas. In recognition of a value of those services heretofore, and
to be performed by PACT, consistent with the intent of the original donation of the
properties, and consistent with the construction, maintenance and operation from
inception to date, the total rental payments due the City for the Initial Term hereof (or for
any renewals or extensions hereof) shall be $100, the r~ceipt and sufficiency of which is
hereby acknowledged by City, plus performance of the obligations set forth herein.
6. Use.
(a) - Th"e premises snaIl be used for the purposes getiefally~ established by
the donor in granting the properties to the City, including but not limited to the
maintenance, repair, replacement, and expansion of the existing facilities, and
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operating the Arts Facility, together with activities customarily associated with a
performing arts center, including, but not limited to the booking, promoting and
holding of professional performing arts and educational events, collection of
admission charges, provisions for concessions and parking services for a fee, rental
of the facilities to local community groups consistent with the intent of the donors
of the property and with the City and community uses heretofore made, and
generally shall be used and occupied to promote development of any and all of the
performing and visual arts, and to cultivate public and professional knowledge and
appreciation of all such arts, to provide banquet, restaurant, concession and other
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food and beverage activities not inconsistent with the purposes set forth herein,
and conduct retail activities reasonably related to the other uses of the premises,
and to provide ancillary services for performing or visual artists or educators or for
students or the theater-going public generally, necessary or desirable to promote or
facilitate the foregoing uses, including without limitation the publication and
dissemination of any and all media materials relating to the foregoing. PACT
agrees that the premises shall continue to be operated and maintained in such a
manner as to be a credit to the City, and shall be made available to all members of ,.
the public regardless of race, color, creed, national origin or religious preference
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and shall be developed, operated and maintained in a manner consistent with the
public interest.
(b) PACT shall have sole administrative and artistic control over the
events and activities conducted within and on the premises so long as such events
and activities shall be consistent with the above stated purposes.
(c) The premises shall not be utilized by PACT for the purpose of
working or campaigning for the nomination or election to any public office,
whether partisan or non-partisan, but PACT shall not be precluded from renting all
or part of the premises to persons or entities for political activities.
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7. Payment of Utilities. PACT shall pay all charges for heat, gas, electricity
and other public utilities used and consumed by it on the Premises during the term of this
lease.
8. Maintenance. Repairs and Care by PACT. PACT will not commit any
waste of the Premises. PACT shall maintain the Premises in a neat and orderly manner
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and will perform all maintenance and repairs required to keep and maintain the interior
and exterior of the Premises in as good condition and repair as the same exist upon
commencement of the term hereof, except for ordinary wear and tear. P ACT further
covenants and agrees to keep and maintain the exterior of the premises, including
landscaping and open areas, and the drives and parking areas in good condition and
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repatr. PACT also covenants and agrees to make all structural repairs, whether interior or
exterior, and to make all necessary replacements and repairs to the roof, electrical system
and to the plumbing system, including without limitation, those portions of the plumbing
system lying outside of the building or within the walls or floors of the building. All
maintenance, servicing, repairs and replacements of the heating and cooling system and
plumbing fixtures shall be the responsibility of PACT. PACT shall be entitled to and
benefit from all warranties and guarantees of the manufacturers of said system and any
replacements thereto.
9. Installations. Alterations and Removal. Alterations or permanent additions
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to the Premises shall be made at the sole cost and expense of PACT and shall be
consistent with the uses authorized herein, consistent with the donors' general intent and
shall be undertaken only upon obtaining all appropriate permits. Any such alterations and
additions shall be completed free and clear of all mechanics' and other similar liens and
claims. PACT shall not have the right to expose the City's ownership interest to any
mechanic or_ construction liens, and to the extent requested by the City, will join in a
Memorandum of Lease to be recorded in the public records reflecting such limitations.
PACT shall also make such temporary alterations, repairs and additions to the Premises as
may be required by PACT, and PACT may install such equipment, fixtures and property
as it may require for its business purposes including, without limitation, antennas, satellite
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dishes for satellite communications and a radio antenna for radio communications on the
roof or other part of the Premises. Title to all alterations, additions and improvements to
the Premises shall rest in and remain with the City, subject to PACT's use and occupancy
pursuant to this agreement.
10. Signs. PACT may maintain existing signage, and may place suitable signs
on the Premises for the purpose of indicating the nature of the business carried on by
PACT in said Premises; provided, however, that such signs shall comply with all
applicable laws, ordinances and regulations.
11. Insurance. During the term hereof, PACT shall maintain fire and extended
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coverage insurance on the Premises in an amount reasonably acceptable to City. PACT
shall maintain contents insurance upon its personal property located in the Premises.
PACT shall maintain public liability insurance insuring against claims for death or injury
or property damage, in the amounts of at least $1,000,000.00 with respect to death or
injury of one person, $2,000,000.00 with respect to one occurren;e, and $100,000.00 with
respect to damage to property. Copies of such policies of insurance shall be furnished to
City. City shall be named as an additional insured in such policy.
- - 12.- Iiidemnity. PACT agrees to indemnify and save CitY harmless from and
against any and all loss, liability claim, cost and expense from claims for injury or
damage to property arising out of any acts ofP ACT or its agents and employees in its use
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and occupancy of the Premises or arising out of any failure on the part of PACT to keep
and perform its covenants and obligations hereunder.
13. Damage or Destruction. PACT is responsible to repair any damage or
destruction to the premises. If all or any part of the Premises shall be damaged or
destroyed by fire or other casualty insured, the proceeds shall be used for repair or
rebuilding as a result of such damage or destruction. In the event PACT shall failor
refuse to undertake the appropriate planning and permitting process, or otherwise begin to
process reconstruction subsequent to damage or repair, the insurance proceeds shall be
retained and held by the City and used by the City for the Premises. The City, and any
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mortgagee( s) shall be named as additional insureds in any fire and extended coverage
insurance on the Premises.
14. Assignment and Subletting. Except as otherwise provided herein, PACT
shall not assign its interest in this lease nor sublet the Premises, in whole or in part, for
any period beyond one (1) year, without first obtaining the written consent of City, which
consent shall not be unreasonably withheld.
15. Ouiet Enioyment. City covenants and agrees that PACT, upon compliance
with the terms and provisions of this lease, and keeping its covenants and obligations
hereunder, shall be entitled to possession and occupancy of the Premises.
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16. Leasehold Mortgage.
(a) PACT shall have the right to mortgage or otherwise pledge any and
all of its right, title and interest in and to its leasehold estate and any improvements
thereon and the tangible or intangible personal property rights relative thereto,
provided: (i) PACT shall provide a copy of the note and mortgage and name and
address of any such lender to the City by hand delivery or certified mail, return
receipt requested, or by overnight courier service; (ii) such leasehold mortgage is
from an "Institutional Lender," its lien constitutes the first lien on the Premises
subject to the usual and customary exceptions thereto typically accepted by an
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Institutional Lender [the term "Institutional Lender" as used in this lease shall
refer to a savings bank, savings and loan association, commercial bank, insurance
company, trust company, credit union or other lender of substance which has
assets in excess of$50 million dollars at the time the "Mortgage" is made]; (iii) the
term of such leasehold mortgage is less than or e9ual to the remaining term of this
lease; (iv) the leasehold mortgage shall not cloud the title after the Lease is
terminated; (v) the leasehold mortgage shall not modify or nullify any terms,
provisions, covenants, conditions, or obligations of the lease; (vi) the lender
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covenants and agrees with City that lender shall not conclude any foreclosure
action by affecting a judicial sale of PACT's leasehold interest in the Premises to
occur until the expiration of one hundred twenty (120) days from the date on
which lender gives written notice to City of PACT's default under the loan
documents constituting the Mortgage, and specifying what actions are required to
cure such default, during which time the City may at its option cure such default(s)
and/or provide a "substitute lessee" acceptable to lender upon terms as may be
required by lender, and which shall not serve to release PACT from any liabilities
owed to lender, and (vii) in the event that the leasehold mortgage if foreclosed, the
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lender, its nominee, successors, assigns, or a purchaser at such foreclosure sale
shall assume the lease upon the same terms, provisions, covenants, conditions and
obligations. The City shall provide PACT with its objections to the form of the
leasehold mortgage in writing within forty-five' (45) days from the receipt of the
leasehold mortgage by the City. Any mortgage permitted by this subparagraph
17 (a l is referred to in this lease as the "Mortgage". The City shall have no
obligation to subordinate its fee interest and no secondary financing shall be
permitted without the prior written consent of the City, which consent shall not he
unreasonably withheld. Any lender whose loan to PACT is secured by a mortgage
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permitted hereby is hereinafter referred to as a "Lender". Any lender or a
mortgage which does not meet the requirements set forth above shall be void.
(b) Notwithstanding anything contained in this lease to the contrary,
Lender shall have the right to perform any term, covenant, condition or agreement
of this lease to be performed by PACT and to remedy any default by PACT, and
the City shall accept such performance by Lender with the same force and effet as
if furnished by PACT. The City shall give any Lender written notice
simultaneously with any written notice given to PACT, asserting a default under
the lease, and the Lender shall have the same rights to cure as PACT, and will have
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the same time periods provided for in the lease to cure such default( s) at any time
and from time to time, unless the documentation approved by the City incident to
any financing contains a longer curative period for the Lender, in which case that
time frame shall govern the time to cure for the Lender.
17. Default. Upon the happening of any on~ or more of the following events:
- (a) PACT's continued default in performance of any covenant of this
agreement for a period of more than thirty (30) days after delivery of written notice
, of such default to PACT by City, and if the default is not such that can be cured
within thirty (30) days, then PACT shall be obligated to have commenced the cure
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of such default and be proceeding to cure the same in good faith and with all
reasonable due diligence;
(b ) PACT's making an assignment for the benefit of creditors, or a
receiver or trustee being appointed for PACT;
(c) PACT's vacating or abandoning the Premises;
(d) The Board of Directors for PACT declaring their intention to cease
to engage in the purposes and activities hereinabove specified, and to quit and
surrender the Premises.
In the event that anyone or more of the above identified matters occurs, and the same not
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being cured following written notice of default to PACT and to any Lender, then subject
to the terms and provisions of any Mortgage, and any agreements executed incident
thereto, the City at its option may exercise anyone or more of the following options:
(1) declare this agreement to be terminated, ended and null and
void and re-enter upon and take possession of the Premises,
whereupon the term hereby granted and all right, title and interest of
PACT in the Premises shall end; or
(2) exercise any and all rights and privileges available to the City
hereunder, incident to enforcing the terms and provisions herein in
any legal proceeding under the laws of either the State of Florida, or
the United States of America, or both.
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18. Notices. Any notice required or permitted to be given hereunder shall be
deemed sufficient if given by communication in writing, delivered by courier, or
facsimile transmission, with receipt confirmed, or sent by United States mail, postage
prepaid and certified, and addressed to the entities and addresses set forth above, or to
such other address in either case as such party may designate in writing.
19. Compliance. PACT shall use reasonable efforts to comply with and
observe, and this agreement shall be subject, to any and all relevant laws, resolutions,
rules, regulations and orders of the City and of all governmental and regulatory bodies,
except for any such regulations which would entail, or require or necessitate the making
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of any extraordinary or structural changes to the roof, columns, bearing walls, and other
structural elements of the Arts Facility, and its mechanical, electrical, plumbing, heating
and air-conditioning facilities and systems or entail, require or necessitate the expenditure
of funds with respect to or in connection with the correction or repair of items for which
PACT has not funds available from any source.
20. - Ownership of Property.
(a) Ownership of the real property and improvements made thereto, and
fixtures placed thereon shall remain with the City,. subject to the terms of this
lease.
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(b) Any and all intangible personal property, cash, objects or articles of
art or other personal property, acquired by, or donated to PACT shall be and
become the sole property ofP ACT. Objects of art and other personal property
may be placed in the Arts Facility by PACT, or PACT may display such property
it receives on loan. Such property shall remain the property ofP ACT, or if on loan
or under another agreement, shall remain the property of the parties providing the
same to PACT, and shall not become the property of the City, during the term of
this lease, or upon any termination hereof.
21. Inspection. City shall have the right to enter upon the Premises, upon
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reasonable prior notice at mutually agreeable times, for the purpose of inspecting the
same, preventing waste, or other reasonable purposes, and for the purpose of making such
repairs to the Premises as the City may desire, understanding that this clause shall in no
way be deemed to require the City to make any repairs to the facilities.
22. Negation of Agent/Employee Status. PACT shall perform this agreement
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as an independent contractor and nothing contained herein shall in any way be construed
to constitute PACT as representatives, agents, subagents, or employees of the City. In no
event and under no circumstances shall any provision of this agreement make City or any
political subdivision of the State of Florida liable to any person or entity that contracts
with or that provides goods or services to PACT in connection with PACT has agreed to
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~INELLAS COUNTY FLA,
OF~,REC,8K 11377 PG 2030
perform hereunder. PACT shall be solely responsible for and shall be the contracting
party with the intended risk of loss with respect to any and all operations, directly or
indirectly, related to the Arts Facility carried out on the Premises, including but not
limited to all theatrical productions, stage events, food and beverage, merchandise,
souvenirs, parking, video and audio production activities, all cultural and theatrical
productions, or other activities performed hereunder.
23. Charitable Support. The City is aware that PACT annually raises
substantial funds through charitable donations to support operations, capital campaigns
which would include, without limitation, campaigns to raise funding for modernization,
\
maintenance, repair, or expansion, and to further endow the arts. Such fund-raising is
most important to the success of PACT, and incident thereto PACT offers recognition to
donors at various levels. The City hereby authorizes PACT, incident to such fund-raising
activities, to afford naming opportunities to donors, involving the identification of donors
or contributors by placing signage or signs, plaques or other visual and permanent
identification of donors or contributors to PACT, its operations, facilities, programs,
endowment or other support.
24. Miscellaneous:
02-21-1;1 :23PM
-17-
INITIALED:
~
r~O<'
Tenant
{)
)
PI~LLAS COUNTY FLA,
Orr.~C,8K 11377 PG 2031
(a) Successors and Assigns. This lease shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
(b) Triple Net Lease. It is the intent of this agreement that it will be a
triple net lease, with PACT paying any and all costs, expenses, charges, taxes,
maintenance, repair, insurance, premiums or other charges or impositions
necessary to m!lintain the facilities in a good state of repair, and in accordance with
the terms and provisions of this lease agreement. In the event taxes are ever
assessed against the property, such taxes shall likewise be a charge and expense of
\
PACT hereunder;
( c) Radon. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of Radon that exceed federal and
state guidelines have be~n found in buildings in Florida. Additional information
regarding Radon and Radon testing may be obtained from your county public
health unit.
( d) Entire Agreement. This agreement constitutes the entire agreement
between the parties, and supersedes all negotiations or prior agreements in
connection with the subject matters hereof.
02-21-1;1:23PM
-18-
INITIALED:
~
~Landlord
~
~
I.
RINELLAS COUNTY FLA.
OF~, REC . SK 11377 PG 2032
(e) Amendments. No change, modification or termination of any of the
terms, provisions or conditions of this agreement shall be effective unless made in
writing and signed by all parties hereto.
(g) Governing Law. This agreement shall be governed by and construed
in accordance with the laws of the State of Florida.
(h) Separability. If any paragraph, subparagraph, or other provision of
this agreement, or the application of such paragraph, subparagraph or provision, is
held invalid, then the remainder of the agreement and the application of such
provision to persons or circumstances other than those with respect to which it is
"
held invalid, shall not be affected thereby.
(i) Binding Effect. This agreement shall be binding upon, and shall
inure to the benefit of the parties hereto and their respective successors and
assIgns.
(j) Remedies. All remedies shall be cumulative and not alternative.
(k) Memorandum of Lease. The parties hereto shall prepare and record
a Memorandum of Lease in the public records for Pinellas County, Florida.
02-21-1;1:23PM
-19-
INITIALED:
~
( '''''0'''
Tenant
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l. PINELLAS COUNTY FLA,
~rF .REC,8K 11377 PG 2033
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
~ h~
B. ria ... ~gst, Mayc/'..
mmlSSlOner
Approved as to form:
dla K. Akin
~mm City Attorney
'.
Wi~!~
Witness - Print Name
H,\Data\Aty\HSC\PACT\LEASE.DOC
~
Attest:
By:
~ tL..~o.
thia E. Goudeau,
Clerk
, ,
, "
PACT, INC., a Florida non-pr9fit
::~oraA +
Name!
Title:
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I P INrLLAS COUNTY 'LA. · ~'~'i.'
. 0". Rrc . SK 11377 PG 2034 if
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A PARCEL OF LAND L Y I NG I N THE SOUTH 1/2 OF THE NORTH 1/2 OF SECT I ON 9 ,t:.~.:> '4
TOWNSH I P 29 SOUTH, RANGE 16 EAST, PI NELLAS COUNTY, FLOR I DA, AND BE I NG MORE :~t' t.,:..i
PART I CULARL Y DESCR I BED AS FOLLOWS :\\,. f.
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-
EXHIBIT
.
DESCRIPTION:
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'~A'\
RUTH ECKERD HALL'
BEG I NN I NG AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECT I ON 9 ,1*\ ;':~
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: THENCE SOUTH:r
89021 '05" EAST, ALONG THE NORTH LINE OF DEL ORO GROVES, AS RECORDED IN PLAT~
BOOK 12, PAGE 2 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A"
DISTANCE OF 477.16 FEET TO THE SOUTHWEST CORNER OF LOT 21, DEL ORO GROVES{
FIRST ADDITION, AS RECORDED IN PLAT BOOK 69, PAGE 56 AND 57 OF THE PUBLIC,!
RECORDS OF P I NELLAS COUNTY, FLOR I DA: THENCE ALONG THE WEST AND NORTH LINES _''','' .,;.;
OF SAID DEL, ORC GROVES FIRST ADDITION THE FOLLOWING TEN (10) COURSES AND
DISTANCES: I. NORTH 00016' IS" EAST, 519.23 FEET: 2. SOUTH 89019'45" EAST,
118.80 FEET; 3. NORTH 00029'45. WEST, 79.68 FEET; 4. SOUTH 89009' 15" EAST,
245.08 FEET; 5. NORTH 00005'45" EAST, 129.43 FEET; 6. SOUTH 89034' IS"
EAST, 60.45 FEET: 7. NORTH 00010' 15. WEST, 301.98 FEET; 8. SOUTH 89017' IS"
EAST, 498.69 FEET; 9. NORTH 81025'06" EAST, 479.63 FEET: 10. SOUTH
89049' 15" EAST, 251.76 FEET TO A POINT ON THE WEST LINE OF LOT 25, DEL ORO
HEIGHTS, AS RECORDED IN PLAT BOOK 54. PAGE 12, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA: THENCE ALONG THE WEST LINE OF SAID DEL ORO
HEIGHTS SUBDIVISION, NORTH 00004'50. EAST A DISTANCE OF 221.17 FEET TO THE
NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF SAID SECTION 9; THENCE
NORTH 89017'04" WEST ALONG SAID LINE, A DISTANCE OF 1514.66 FEET; THENCE
LEAVING SAID LINE, SOUTH' 00007'43" WEST A DISTANCE OF 64.54 FEET; THENCE
NORTH 89021 '08" WEST A DISTANCE OF 320.00 FEET; THENCE SOUTH 00007'43" WEST'
A DISTANCE OF 50.00 FEET; THENCE NORTH 89021 '08" WEST A DISTANCE OF 290.00
FEET; THENCE SOUTH 00007'34. WEST A DISTANCE OF 117 FEET MORE OR LESS TO
THE CENTER OF ALLIGATOR CREEK, SAID POINT TO BE KNOWN AS POINT "A" FOR
CONVENIENCE; RETURN THENCE TO THE POINT OF BEGINNING; THENCE NORTH
89021 '05" WEST ALONG THE NORTH LINE OF DEL ORO ESTATES, AS RECORDED IN PLAT
BOOK 46, PAGE 29 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A
DISTANCE OF 695.52 FEET; THENCE NORTH 00007'00" EAST A DISTANCE OF 610.82
FEET; THENCE NORTH 89018'29" WEST A DISTANCE OF 590.03 FEET TO THE EASTERLY
RIGHT -OF -WA Y 1I NE OF McMULLEN BOOTH ROAD, (S . R. 593), (A 100' R/W); THENCE
NORTH 00007'00" EAST ALONG SAID R/W LINE, A DISTANCE OF 60.00 FEET TO THE
SOUTHWEST CORNER OF KAPOK MANOR CONDOMINIUM VILLAGE ONE, AS RECORDED IN
CONDOMINIUM PLAT BOOK 22, PAGES 48 THRU 51 INCLUSIVE, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 89018'29" EAST ALONG THE SOUTH
LINE OF SAI1) CONDOMINIUM AND THE SOUTH LINE OF ONE KAPOK TERRACE, A
CONDOMINIUM PHASE VI, AS RECORDED IN CONDOMINIUM PLAT BOOK 102, PAGES 8.
THRU 10. I NCLUS I VE, OF THE PUBL I C RECORDS OF PI NELLAS COUNTY FLOR I DA, A'
..
DISTANCE OF 1135.68 FEET; THENCE NORTH 00007'00" EAST A DISTANCE OF 60.00
FEET; THENCE NORTH 66027'06" WEST ALONG THE NORTHERLY LINE OF THE
UNRECORDED ONE KAPOK TERRACE, A CONDOMINIUM. PHASE VI I, A DISTANCE OF
267.83 FEET: THENCE NORTH 00007'34" EAST A DISTANCE OF 140 FEET MORE OR
LESS TO THE CENTERLINE OF ALLIGATOR CREEK: THENCE EASTERLY AND NORTHERLY
ALONG THE CENTERLINE OF ALLIGATOR CREEK AS IT WINDS AND TURNS TO THE
AFOREMENTIONED POINT "A".
t.:;
SAID PARCEL CONTAINING 41 ACRES MORE OR LESS.
':J .
(I j
EXHIBIT
, PINELLAS COUNTY rLA,
~rr,REC,8K 11377 PG 2035
i I, ~ "
PARCEL 1
That certain piece, parcel, or tract of land lying in and being part of
the North half of Section 9, Township 29 South, Range 16 East, Pinellas
County, Florida, being more particularly described as follows:
From the center of said Section 9, NOaa 07' 43" E, and along the
North-South centerline of said Section 9, a distance of 94.50 feet for
a point of beginning; thence N 890 21' 08" W, and parallel with the
East-West centerline of said Section, a distance of 26B.BO feet; thence
~ N 000 07' 43/1 E, and parallel with the North-South centerline of said
Section, a distance of 377.60 feet; thence S 8g0 21' 08" E, and parallel
with the Ea~t-West centerline of said Section, a distance of 489.60 feet;
thence S 00 07' 43/1 W, and parallel with the North-South centerline of
saidSection, a distance of 377.60 feet; thence N 8g0 21' 08" W, and
parallel with the East-West centerline of said Section, a distance of
220.80 feet to the North-South centerline of said Section and the Point
Beginning. \ .
PARCEL 2
Toqether with an easement for inqress ana eqress,aescribea
as rOI10ws:
That certain piece, parcel, or tract of land Tying in and being part of
the North 1/2 of Section 9, Township 29 South, Range 16 East, Pine11as
County, Florida, be.;ng set aside .for use as a permanent ingress and
egress easeme~t, with access roads being constructed within the boun-
daries thereof ~ described as follows:
From the center of said Section 9, N 000 071 43" E, and. along the
North-Southcenterlfrw of said Section, a distance of' 54.0 feet for
a P.O.B.; thence N 890 21' 08" W, and parallel with the East-~./est
Centerline of said Section, a distance of 374.4 feet; thence N 000
07' 43"-E, and parallel with the North-South centerline of said
Section, a distance of 556.57 feet; thence N 890 lBI 31" W, a
distance of 911.28 feet to the. West right-of-way of State Road No.
- 593 and/or Mct1ul1en-Booth Road, a 100 fo~t .right--of-way, as no\'I
n_-_:..'"'."'-e5-tabli.shed; -the-nee N 000 07' 00" E, and along said right-of-way, a
distance of 60.0 feet to the Southwest corner of Kapok Manor
Condominium Village One, as recorded in Condominium Plat Book
22, pages 48 through 51 inclusive, Public Records of Pinellas
County, Florida; thence S 890 18' 31" E, a distance of 1586.49 feet;
thence S 000 07' 43" W, and parallel with the North-South centerline
of said Section 9, a distance of 616.06 feet; thence N 8g0 21' 08" W,
and parallel with the East-West centerline of said Section, a
di~tance of 300.8 feet to the P.O.B.
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t P INELLAS COUNTY rLA
rr.REC.8K 11377 PG 2038
PARCEL 3 .
Together with an easement for parking, descr1bed as follows:
~ parc~l of land lying in lne South 1/2 of the North 1/2 of Section 9, Township
29 So~tn, Range 16 East, Clearwat~r, Pinellas County, Fiorida, and being more
particularly described as follows:
eEGln at the center of said Section 9; thence N 89021'08" W, along the East-
West centerl ine. of said Section, also being the North boundary of DEL ORC
ESTAiES, as recorded in Plat Book 46, Page 29, of the Public Records of
Pine11as County, Florida, for 695.52 feet to a point lying 640.00 feet East of
the centerJine of Mc,.'ULlEIl-BOOTH ROAD (STATE ROAO 593); thence H 0007'00" E
640.00' from and parallel with the centerline of said road, for 610.82 feet to
a point lying 60.00 feet Soutll of the southerly boundary of KAPOK MANOR CONDO-
MINIUM VILLAGE ONE, as recorded in Plat Book 22, pages 4e through 51 of the
Public Records of Pinellas CountY,"Florida; thence S 89018'31" E, 60.00 feel
from and parallel with\ said South boundary for" 321.25 feet: thence
S 0007'43" W, for 556.57 feet; thence S 89021'08" E, for 374.40 feet, to a
point on the North-South centerline of said Section 9; thence continue
S 89021'08" E, for 300.80 feet; thenCE! N 0007'43" E, for 616.06 feet; thence
N 85018'31" W, for .300.80 feet to the North-South'centerline of said Section:
thence U 0007'43" E along said North-South centerline for 550.00 feet; thence
S' 89017'05" E and. parallel with the North boundary of said South half of the
North half of sai~ Section, for 290.00 feet; thence N 0007'43" E, forSO.CO
feet; thence S 89Q17!1:l5" E, for 17.02 feet; thence S 0007'43" W along a line
30i.Oo-' easterly from ana parallel to the North-South centerline of said
Section, fOr 1269.94 feet to a point on the East-West centerline of said
Section, also being thel Na:-th boundary of eEL ORO GROVES,. as recorded in Plat
Sook 12. Page 2, of the Public Records of Pinellas County, Florida; thence
N 89021' 08" W along sa i d' centerli ne for 307.02 feet to the POINT OF BEGINNING,
and contains 9_33 acres, more or less.
KARLEEN F. DE BlAKER, CLERK OF CIlJRT
PINELLAS COUNTY, FLORIDA
---------------------------------------
2C16927B 05-18-2001 11:16:18 YMW
51 LEA-CITY OF CLEARWATER, PACT IHe
016433
In:01167905 BK:11377 SPG:2014 EPG:2036
RECORDING 023 PAGES 1 $105.00
TOTAl..:
P CHECK AMT. TENDEI\'ED:
CHANGE :
BY ________ DEPUTY CLERK
$105.00
$105.00
$.00