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TWENTY-FIVE YEAR LEASE AGREEMENT " . " '\.. ," ,~ I .- ,^ . ~_. LEASE THIS Ll~ASE AGREEJ'viENT" Pt<!ck....l1d entered ild;o ihic: .dk-::_..c1ay Of~, A. Do 1972, by and behvccn THE SCHOOL BOARD OF PI.NJ~L~J"".s COUNTY ~ FLORIDA, herein~'.ftc:( called t.he ,Lei) s or, and the CITY OF CLEARW A TER~ FLORIDA, a. :ou:micipal cUl'poratioll, IH::reinafU"J~ called the J..Jcssee; WTTNESSPTH; 'WHEREAS, the Lessor owns the fOllowing described land, sii.:U2-..tc in Clea.rwater, Pincllas COlmty, Florida, hereinafter referred to as the !'Land'l: (Description attached he}'cto, marked JlExhibit AJI and m.ade a part hereof); and WHEREAS, the Lessee desires to lease said Land subject to certain regulations and to establish recreation and com.munity programs thereon to benefit the citizens of Clearwater and Pinellas County, Florida, in acc01:d;:ulce with the terms of this Lcase Agreement; and WHEREAS, the Lessor desires to assist and cooperate 'with the Lessee 'oJ in providing an aI"Ca for recreation and community service progranls; a.nd WHEREAS, said open space pren'1.ises shall be for general con'1.nlUnity or neighborhood benefit and use and shall be open to the general public except when its use shall conflict with the functions of the adjacent school pren'1.ises; and WHEREAS, it is the intent of the Lessor and Lessee to maximize the multiple use capacity of all school open space areas and to assure that the design and operational planning of the Les SOl' and Les see shall incorporate this concept; NOW, THEREFORE, in consideration of the foregoing premises, the covenants herein contained on the part of the Lessee to be kept and performed, '.1... /9 02'2.-03 - I -1"0 v"J' 'I I. and ot1,c1.' good and valuable cOJlc;ideratiuH, the said .L.JCbBOJ: doc-a 11C1'(;by, subject to the terrns and provif3ions of thi~, ag1.'ecntcnt leLI-He to tbe Lessee the above described real property situ;-"ltcd in Cl,'.arv,'ater, PineHa.s County, Florida, on the fonowing terms and pr oV-:.8ion s: 1. To have and to bold the sarne for the term of tv.'cnty-five (2S) years fronl the 1 st day of January, 19~~, and to be auto m.atically renewable at the end of such tern1. for an addi.tional ten (10) year period unle~,s the 1,esuo1' gives to the Lessee vlritten notice atleaHt thirty (":',n) clays pr.:.or to the ex:pi.r2ticn lyE the original twenty-five (25) year term that this lease agreement is to be terminated; however, such determination can only be rnade if said descri.bed property is to be litilized by Lessor for the erecticm of perrnanent school structures or additions or additi.ons to pernlanent sclloal structur cs thereon. However, this agreement may be cancelled and tCl'rninated by rnutual consent of both parties and by the SecrEfary of the Departrncnt of l-Jollsing and Urban Develop- ment should any Federal funds be used in this projc::cL 2. Said Lessee covenants to pay to said LeS~H)T as rent for said premises the sum of One Dollar ($1. OO) pex- year cL.Lld to FHcxlorrn the other covenants herein specified on its behalf~ Sai.d rental paynlcDts shall be rnade on the 1 st day of January of each yEar during the ternl of this lease or any extension thereof and shall be paid to the Lessee at its office situated at 1960 Eo Druid Road, Clearwater, Florida 33516, or such other place as Lessor lTIay frOlTI time to time designate in writing. 3. If at any time during the term of this Lease AgreelTIent, the Lessor shall determine that any project or activity which Lessee is conducting on the leased premises is jeopardizing the health, [safety or morals of the public, the Lessor shall notify the Lessee thereof in writinz setting forth the objections or details of said objections. Lessee shall then \vithin thirty (30) days from receipt of said written notice either meet with the Les Bar and resolve said objections or discontinue the activity objected to. -2- - .. .'. ... t I 4.. During the term. of this agreement, Lessee agrees to establish, maintain and conduct playgrounds, recreational progranls, comrnunity play cCliters and other recreational activities on the Land and the Lessee agrees not to use the Land in a manner which interferes with the operation of the public schools. The Lessee shall designate the projects or activities to be conducted on the Land but shall not do so in derogation of the rights and privileges of the Lessor under the laws or as provided herein. The Lessee agrees to employ recrea... tionalleaders, directors, supervisors or such other employees as it deems necessary without expense to the Lessor. The Lessee agrees the Land shall be used only for recreational, educational or corrrrriunity service programs. The Lessee agrees to quit and deliver up the premises at the end of the term of this Agreement, or any extension thereof, either by expiration or termination, in as good condition as it now is, ordinary wear and decay by the elements excepted. Further, Les see agrees to make no unlawful, improper or offensive use of the premises and not to as sign this lease or to sub..let any part of said premises without .the prior written consent of the Lessor. 5. During the term of this agreement, Lessee shall have thenght to erect and place certain improvements and equipment on the leased premises. Equipment or improvements placed on the Land of a portable, readily movable nature which have been paid for solely by the Lessee, may be removed by the L~ssee upon expiration or termination of this Agreelnent. Equipment or improve- ments placed on the Land of a permanent, not readily movable nature become the property of the Lessor upon the termination or expiration of this Agreen~ent. All improvements and equipment not hereinabove specifically provided for shall become the property of the Lessor upon the termination or expiration of this agreement. 6. During the term of this lease Agreement, Lessor shall maintain its own facilities and equipment which are not jointly utilized. The Lessee - 3.. ! , .'~'" J I ~ a.nd Lc~;,;Dr dl,)]l each b(';~.l' thei.r fair ,;~har(' of the nFiintenance of the eqnip- lTlCnt and facilities presently situated on the dClnised prclniscB and their fair sbare of the p\ll'chase pric(~ and Hlaintenance of any additional equiplnent and l<1ciJities C"l'c(:ted or placed on the denlised pn~rC\ises during the terrn of this lease agl'('(:,rnent, wJ.1.ich equiprnent and. iacilities are jointly utilized by the Lessor and Lessee. The term "fair sharell shall be that an10unt nlutui.:tlly agreed upon between Lessor and Lessee or their representatives and based prirnarily upon the percentage of the l~ei':pechvc parties! use of said equiprnent and facilities. 7. Lessee agrees to save and hold harmless the Lessor, its agents and employees, hOIYl liability arising out of or resulting from injuries to persons on the land covered by this agreem ent, when said premises are under the supervision and control of Lessee and when said injuries are caused by the acts or negligence of the Lessee, i.ts eniployees and representatives. The Lessor shall be responsible for any injuries occurring to persons on the land covered by this agreement during the time said Premises are under the supervision and control of the Lessor, its eluployees or representatives. 8. The Lessee shall furnish to the Lessor a Florida Certificate of Insurance forni evidencing liability andpr opel' daluagc covering the Les see's use of said premises in the minimum amount of $300,000 for bodily injury and in the minimum amOl.ll1t of $100,000 for property damage during the period this lease agreement is in force. 9. All notices pur suant to the terms and pr ovisions of this lease shall be furnished to the Lessor, directed to its Superintendent of Schools of Pinellas County, Florida, 1960 East Druid Road, C1earwater,F10xida, 33516, and to Les see, Directed to its City Ma:q.ager, City of Clearwater I Florida, PO Box 4748, Clearwater, Florida 33518, unless written notice to the con- trary is furnished the other party. 10. The terms and provisions of this lease agreement shall be binding upon -4- .....-.... '" 1 , t,}.lC });J,14tic:3 11el'eto, tb.eir B1..lCCl,'_~~)SOl~S Zllld ;J,~:.:~_:.lgn.S. IN WITNESS WI-lEREOF1) the partie:> hereto have :,:;et their hands and seals 1.b.c day and year first abm'c written. Attest: 1~~7~ THE SCHOOL COHN' 'Y:, OF PD'U~LLAS By \V i tn e sse s : ~~ A:~~,f ~ CITY.IJ1N:::? FLORIDA . '-"'~~-"""~-"_.~-'''-' City M~:i:lClger Attest: -- ~~~..- Deputy City Clerk ~4&;Z=S: City Attorney -5- "~,...",,' 1 ~. . I ,. '.,* ,. ._Il' T\'Olll Soul"))(':3::;t co:cne:c of Lot 11. Block B-1 of Springfic'lcl Sl11)~ I\~(l; 2 (:I~~ I'CC-Ol'"'r1,('fj j.Jl PJ.c;.t. lj()o}.~ Jr r I)~:_~[~Q ?;1 o:f I)t21JJic Hccord:; O:l :i] inc1 County I Florida f run NoJ:..th IJ Je et IUOI'C' or lc;::;~,; to NO:r.'tli line of Pc:lmetto stroet for P.O.B., 1'liolcc No:cth 62'7 :C(~ct t.LOcLq thence nm E~.Jst 60.0 feet, thence nn1. Nor.th along the East right of way line of Douglas Avenue as recordod in D.H. Book 2849. Page 296 of said public records. ?C36.olJ feet to South line of Hu;:.;scll Sotr'eetl thence run E;:\'i:,t along South 1. j_1l8 of Hus,s cd. 1 S tree t Ii 0:3 :Ce et M.O. IJ., thence run ~~ol.)th 2[)O feet I thence run East 200 feet to West Lin(~ of Holt f,-venue I thence run S01.~th along said V;(~st line of Holt Avenue 1120.0 fce::t 1/!.0.L. to North l:L118 of Palmetto Streetr thence \'lc~3t along North line of Palrnctto Str'eet 670 feet MeO.L. to point of' bc;ginningf less South 1~'50 :Cect for ClearW8.tel~ COJ111w'chensive Junior High .School and l'\orth :325 f'C(;t r.1cO.J~. of Ea~~t 350 feet h~.O,IJ< ofSoutll 1120 feet. EXHIBIT IIAII " ., '.