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.....RESOLUTIONS
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Resolution No. 99~13
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, AUTHORIZING THE CITY
MANAGER TO REQUEST THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION ENTER INTO A LEASE
AGREEMENT WITH THE CITY OF CERTAIN DEPARTMENT
OWNED LANDS TO BE UTILIZED AS A PUBLIC
RECREATION AREA AND AUTHORIZING THE CITY
MANAGER TO SIGN A LEASE; PROVIDING AN EFFECTIVE
DATE.
,I WHEREAS, the City of Clearwater, Florida (/lCiti'), desires to enter into a
public purpose lease, a copy of which is attached hereto as Exhibit "A/ for a
portion of the Courtney Campbell Causeway; and
WHEREAS, the Florida Department of Transportation ("FDOT") has offered to
make a certain parcel of real property as legally described in paragraph one of
EXHIBIT "A" available to the City of Clearwater, at no cost, 'for use as a public
recreation area, provided the City requests a lease from the FOOT; and
WHEREAS, the leasing of the real property described in EXHIBIT NA" will
enable the City to assume greater regulatory authority over the activities occurring
(--" on the property so as to enhance the public's safety; now therefore,
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BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the City Manager to
provide written notice to the Florida Department of Transportation of the City
Commission's desire to enter into a five (5) year lease with the FOOT of real
property as legally described in EXHIBIT "A" attached hereto. The City Commission
hereby further authorizes the City Manager to sign the public purpose lease
attached hereto, subject to any additional terms and conditions as may be
negotiated between the parties prior to final execution.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
, 1999.
Approved as to form:
Rita Garvey
Mayor-Commissioner
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Rcsolulion 99.13
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WPI NO.: N.A.
SECTION/JOB: 1504-150(202), (15040-2510-NEW)
COUNTY: Pinellas
STATE ROAD: 60
PARCEL: Right of Way
DESCRIPTION: Public Recreation Area
PUBLIC PURPOSE LEASE AGREEMENT
THIS LEASE AGREEMENT, entered into this _day of ,
199 ,by and between the State of Florida Department of Transportation, a component
agency of the State of Florida, hereinafter called "Lessor't and the City of Clearwatert
Florida, a Municipal Corporation, hereinafter called "Lessee".
WITNESSETH:
For and in consideration of mutual covenants contained herein the parties agree:
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1. Lessor hereby leases to lessee, and Lessee hereby leases from Lessor
certain lands located in Pinellas Countyt State of Florida, and more particularly
described as a location approximately 1600 feet East of the intersection of McMullen
Booth Road, following along the shoreline in an Easterly direction encompassing the
area to the South edge of the pavement of SR 60, to a point approximately 2120 feet
East of the beginning point. A map depicting the area is attached hereto as Exhibit "A"
and made a part hereof by reference.
2. The term of this lease shall be for a period of five (5) years and shall
commence on the day of , 199_, 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 portion thereof is needed that would render the
existing improvements "non-conforming" to the then current zoning requirementst
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 L~ssor determines that only a portion of the lease premises is
needed for public transportc;~!on purposes, and such portion does not render the
existing improvements IInon-conforming" to the then current zoning requirements, then
Lessor may terminate this Lease Agreement 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 herein intended.
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4. The leased premises are to be used as a site for a public recreation area.
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
EXHIBIT A
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consent of Lessor. Lessee also agrees to observe and comply with alt laws, ordinances
and regulations of public authorities. If, however, 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 as of the date of this lease. Erosion and drainage control shall comply with the
then current standards as established and promulgated by Lessor.
6. Lessee agrees not to assign this leaae or any interest therein, or sublet the
leased premises or any part of the premises without the prior written consent of Lessor.
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:
(A) Lessor may occupy the premises immediately and terminate the lease;
(8) Lessor may give Lessee written notice that Lessee is in breach of the
agreement and allow Lessee 30 days to cure 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 Dollars ($500,000.00) for any
one (1) accident and One Hundred Thousand Dollars ($100,OOO.OO) for property damage,
as required by the State of Florida under the Worker's Compensation Law. A certificate
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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 leased premises for the purpose 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 Departmenfs 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 Lessee fails in its
maintenance obligations, Les~or 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.
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13. All notices required hereunder 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 fo~h below:
Department of Transportation District VII
11201 North McKinley Drive
Tampa, Florida 3361
Attn.: Property Management
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618
Attn.: City Manager
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
ATTEST:
BY:
BY:
. Kenneth A. Hartmann, P.E.
District Seven Secretary
Executive Secretary
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LESSEE:
. CITY OF CLEARWATER, FLORIDA
Approved as to Form:
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Robert J urette, .
Assistant City Attorney
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Approved as to Legal Sufficiency:
Assistant General Counsel
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By:
~ichael J. Roberto, City Manager
ATTEST:.
Cynthia E. Goudeau, City Clerk
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