LEASE AGREEMENT - CLEARWATER ARMORY
.. ~. .
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OALl
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
LEASE AGREEMENT
Lease Number 4503
/ 1-i~day of
THIS LEASE AGREEMENT, made and entered into this
Dec...14J1~ 20 1J5 between the BOARD OF TRUSTEES OF
THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to
as "LESSOR", and the CITY OF CLEARWATER, FLORIDA, hereinafter referred
to as "LESSEE."
LESSOR,
for and in consideration of mutual covenants and
agreements hereinafter contained, does hereby lease to said LESSEE the
lands described in paragraph 2 below, together with the improvements
thereon, and subject to the following terms and conditions:
1.
DELEGATIONS
OF
AUTHORITY:
LESSOR'S
responsibilities
and
obligations herein shall be exercised by the Division of State Lands,
Department of Environmental Protection.
2.
DESCRIPTION OF PREMISES:
The property subject to this lease, is
situated in the County of Pinellas, State of Florida and is more
particularly described in Exhibit "A" attached hereto and hereinafter
referred to as the "leased premises".
3. TERM: The term of this lease shall be for a period of 50
commencing on 7;:ecerv;!x-r /1-) Zf;o5J and ending
l)e;::ery,herI312JJ!:i:S1 unless sooner terminated pursuant to
years
on
the
provisions of this lease.
4. PURPOSE: The LESSEE shall manage the leased premises only for the
establishment and operation of an event support facility and other
municipal and recreational based programs, along with other related
uses necessary for the accomplishment of this purpose as designated in
the Management Plan required by paragraph 8 of this lease.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of
ingress and egress to, from and upon the leased premises for all
purposes necessary to the full quiet enjoyment by said LESSEE of the
rights conveyed herein.
6.
UNAUTHORIZED USE:
LESSEE shall,
through its agents and
employees, prevent the unauthorized use of the leased premise$ or any
use thereof not in conformance with this lease.
7. ASSIGNMENT: This lease shall not be assigned in whole or in part
without the prior written consent of LESSOR.
Any assignment made
either in whole or in part without the prior written consent of LESSOR
shall be void and without legal effect.
8.
MANAGEMENT PLAN:
LESSEE shall prepare and submit a Management
Plan for the leased premises, in accordance with Section 253.034,
Florida Statutes and subsection 18-2.021 (4), Florida Administrative
Code.
The Management Plan shall be submitted to LESSOR for approval
through the Division of State Lands. The leased premises shall not be
developed or physically altered in any way other than what is
necessary for security and maintenance of the leased premises without
the prior written approval of LESSOR until the Management Plan is
approved.
LESSEE shall provide LESSOR with an opportunity to
participate in all phases of preparing and developing the Management
Plan for the leased premises.
The Management Plan shall be submitted
to LESSOR in draft form for review and comments within ten months of
the effective date of this lease. LESSEE shall give LESSOR reasonable
notice of the application for and receipt of any state, federal or
local permits as well as any public hearings or meetings relating to
the development or use of the leased premises.
LESSEE shall not
proceed with development of said leased premises including, but not
limited to, funding, permit application, design or building contracts,
until the Management Plan required herein has been submitted and
approved.
Any financial commitments made by LESSEE which are not in
compliance with the terms of this lease shall be done at LESSEE'S own
risk.
The Management Plan shall emphasize the original management
concept as approved by LESSOR on the effective date of this lease
which established the primary public purpose for which the leased
premises are to be managed.
The approved Management Plan shall
provide the basic guidance for all management activities and shall be
reviewed jointly by LESSEE and LESSOR.
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Lease No. 4503
LESSEE shall not use or alter
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"
.
the leased premises except as provided for in the approved Management
Plan without the prior written approval of LESSOR.
The Management
Plan prepared under this lease shall identify management strategies
for exotic species, if present. The introduction of exotic species is
prohibited,
except when specifically authorized by the approved
Management Plan.
9.
EASEMENTS:
All easements including, but not limited to, utility
easements are expressly prohibited without the prior written approval
of LESSOR.
Any easement not approved in writing by LESSOR shall be
void and without legal effect.
10.
SUBLEASES:
This agreement is for the purposes specified herein
and subleases of any nature are prohibited, without the prior written
approval of LESSOR.
Any sublease not approved in writing by LESSOR
shall be void and without legal effect.
11.
RIGHT OF INSPECTION:
LESSOR or its duly authorized agents,
representatives or employees shall have the right at any and all times
to inspect the leased premises and the works and operations of LESSEE
in any matter pertaining to this lease.
12.
PLACEMENT
AND
REMOVAL
OF
IMPROVEMENTS:
All
buildings,
structures, improvements, and signs shall be constructed at the
expense of LESSEE in accordance with plans prepared by professional
designers and shall require the prior written approval of LESSOR as to
purpose, location and design.
Further, no trees, other than non-
native species, shall be removed or major land alterations done
without the prior written approval of LESSOR.
Removable equipment and
removable improvements placed on the leased premises by LESSEE which
do not become a permanent part of the leased premises will remain the
property of LESSEE and may be removed by LESSEE upon termination of
this lease.
INSURANCE REQUIREMENTS:
During the term of this lease LESSEE
13.
shall procure and maintain policies of fire, extended risk, and
liabili ty insurance coverage.
The extended risk and fire insurance
coverage shall be in an amount equal to the full insurable replacement
value of any improvements or fixtures located on the leased premises.
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Lease No. 4503
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The liability insurance coverage shall be in amounts not less than
$100,000 per person and $200,000 per incident or occurrence for
personal injury, death, and property damage on the leased premises.
Such policies of insurance shall name LESSOR, the State of Florida and
LESSEE as co-insureds. LESSEE shall submit written evidence of having
procured all insurance policies required herein prior to the effective
date of this lease and shall submit annually thereafter, written
evidence of maintaining such insurance policies to the Bureau of
Public Land Administration, Division of State Lands, Department of
Environmental
Protection,
Mail
Station
130,
3900
Commonwealth
Boulevard, Tallahassee, Florida 32399-3000.
LESSEE shall purchase all
policies of insurance from a financially-responsible insurer duly
authorized to do business in the State of Florida. Any certificate of
self-insurance
shall
be
issued or approved by
the
Insurance
Commissioner, State of Florida.
The certificate of self-insurance
shall provide for casualty and liability coverage.
LESSEE shall
immediately notify LESSOR and the insurer of any erection or removal
of any building or other improvement on the leased premises and any
changes affecting the value of any improvements and shall request the
insurer to make adequate changes in the coverage to reflect the
changes in value.
LESSEE shall be financially responsible for any
loss due to failure to obtain adequate insurance coverage and the
failure to maintain such policies or certificate in the amounts set
forth shall constitute a breach of this lease.
14. LIABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of
that party and the officers, employees and agents thereof.
Nothing
herein shall be construed as an indemnity or a waiver of sovereign
immunity enjoyed by any party hereto, as provided in Section 768.28,
Florida Statutes, as amended from time to time, or any other law
providing limitations on claims.
15.
PAYMENT OF TAXES AND ASSESSMENTS:
LESSEE shall assume full
responsibility for and shall pay all liabilities that accrue to the
leased premises or to the improvements thereon, including any and all
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Lease No. 4503
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ad valorem taxes and drainage and special assessments or taxes of
every kind and all mechanic's or materialman's liens which may be
hereafter lawfully assessed and levied against the leased premises.
16.
NO WAIVER OF BREACH:
The failure of LESSOR to insist in anyone
or more instances upon strict performance of anyone or more of the
covenants, terms and conditions of this lease shall not be construed
asa waiver of such covenants, terms or conditions, but the same shall
continue in full force and effect, and no waiver of LESSOR of any of
the provisions hereof shall in any event be deemed to have been made
unless the waiver is set forth in writing, signed by LESSOR.
17.
TIME:
Time is expressly declared to be of the essence of this
lease.
LESSEE shall not discriminate against any
18.
NON-DISCRIMINATION:
individual because of that individual's race, color, religion, sex,
national origin, age, handicap, or marital status with respect to any
activity occurring within the leased premises or upon lands adjacent
to and used as an adjunct of the leased premises.
19. UTILITY FEES: LESSEE shall be responsible for the payment of all
charges for the furnishing of gas, electricity, water and other public
utilities to the leased premises and for having all utilities turned
off when the leased premises are surrendered.
20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum
products or minerals and does not give the right to LESSEE to drill
for or develop the same, and LESSOR specifically reserves the right to
lease the leased premises for purpose of exploring and recovering oil
and minerals by whatever means appropriate; provided, however, that
LESSEE named herein shall be fully compensated for any and all damages
that might result to the leasehold interest of said LESSEE by reason
of such exploration and recovery operations.
21.
RIGHT OF AUDIT:
LESSEE shall make available to LESSOR all
financial and other records relating to this lease, and LESSOR shall
have the right to either audit such records at any reasonable time or
require the submittal of an annual independent audit by a Certified
Public Accountant during the term of this lease.
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Lease No. 4503
This right shall be
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continuous until this lease expires or is terminated.
This lease may
be terminated by LESSOR should LESSEE fail to allow public access to
all documents, papers, letters o~ other materials made or received in
conjunction with this lease, pursuant to the provisions of Chapter
119, Florida Statutes.
22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation
to LESSEE with reference to the condition of the leased premises. The
leased premises herein are leased by LESSOR to LESSEE in an lias is"
condition, with LESSOR assuming no responsibility for the care,
repair, maintenance or. improvement of the leased premises for the
benefit of LESSEE.
23.
COMPLIANCE WITH LAWS:
LESSEE agrees that this lease is
contingent upon and subject to LESSEE obtaining all applicable permits
and complying with all applicable permits, regulations, ordinances,
rules, and laws of the State of Florida or the United States or of any
political subdivision or agency of either.
All notices given under this lease shall be in writing
24.
NOTICE:
and shall be served by certified mail including, but not limited to,
notice of any violation served pursuant to Section 253.04, Florida
Statutes, to the last address of the party to whom notice is to be
given, as designated by such party in writing.
LESSOR and LESSEE
hereby designate their address as follows:
LESSOR:
Department of Environmental Protection
Division of State Lands
Bureau of Public Land Administration, M. S. 130
3900 Commonwealth Boulevard,
Tallahassee, Florida 32399-3000
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758-4748
LESSSE:
25.
BREACH OF COVENANTS, TERMS, OR CONDITIONS:
Should LESSEE breach
any of the covenants, terms, or conditions of this lease, LESSOR shall
give written notice to LESSEE to remedy such breach within sixty days
of such notice. In the event LESSEE fails to remedy the breach to the
satisfaction of LESSOR within sixty days of receipt of written notice,
LESSOR may either terminate this lease and recover from LESSEE all
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Lease No. 4503
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damages LESSOR may incur by reason of the breach including, but not
limited to, the cost of recovering the leased premises and attorneys'
fees or maintain this lease in full force and effect and exercise all
rights and remedies herein conferred upon LESSOR.
26.
DAMAGE TO THE PREMISES:
(a) LESSOR and LESSEE acknowledge that
prior to execution of this lease both parties are in receipt of and
have reviewed the following reports regarding the leased premises: (1)
Environmental Baseline Survey dated November 2004 prepared by SpecPro,
Inc., (2) Sampling Letter Report dated May 17, 2005 prepared by
Aerostar Environmental Services, Inc., and (3) that Limited Soil and
Groundwater Assessment Report, dated September 12, 2005 prepared by
A2L Technologies (collectively, the Environmental Reports). The
Environmental
Reports
establish
a
baseline
of
pre-existing
environmental conditions present at the leased premises for which
LESSEE shall have no liability to LESSOR or any third party. (b)
LESSEE shall not do, or suffer to be done, in, on or upon the leased
premises or as affecting said leased premises or adjacent properties,
any act which may result in damage or depreciation of value to the
leased premises or adjacent properties, or any part thereof. (c)
LESSEE shall not generate, store, produce, place, treat, release or
discharge any contaminants, pollutants or pollution, including, but
not limited to, hazardous or toxic substances, chemicals or other
agents on, into, or from the leased premises in any manner not
permitted by law.
For the purposes of this lease,
II hazardous
substancesll shall mean and include those elements or compounds defined
in 42 USC Section 9601 or which are contained in the list of hazardous
substances adopted by the United States Environmental Protection
Agency (EPA) and the list of toxic pollutants designated by the United
States Congress or the EPA or defined by any other federal, state or
local statute, law, ordinance, code, rule, regulation, order, or
decree regulating, relating to, or imposing liability or standards of
conduct concerning any hazardous, toxic or dangerous waste, substance,
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Lease No. 4503
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material, pollutant or contaminant. "Pollutants" and "pollution" shall
mean those products or substances defined in Chapters 376 and 403,
Florida Statutes, and the rules promulgated thereunder, all as amended
or updated from time to time.
In the event of LESSEE'S failure to
comply with this paragraph, LESSEE shall, at its sole cost and
expense, promptly commence and diligently pursue any legally required
closure,
investigation,
assessment,
cleanup,
decontamination,
remediation, restoration and monitoring of (I) the leased premises,
and (2) all off-site ground and surface waters and lands affected by
LESSEE I S failure to comply, as may be necessary to bring the leased
premises and affected off-site waters and lands into compliance with
all applicable federal, state or local statutes, laws, ordinances,
codes, rules, regulations, orders, and decrees, and to restore the
damaged property to the condition existing immediately prior to the
occurrence which caused the damage. LESSEE'S obligations set forth in
this paragraph shall survive the termination or expiration of this
lease. This paragraph shall not be construed as a limitation upon the
obligations or responsibilities of LESSEE as set forth herein.
Nothing herein shall relieve LESSEE of any responsibility or liability
prescribed by law for fines, penalties and damages levied by
governmental agencies, and the cost of cleaning up any contamination
caused directly or indirectly by LESSEE'S activities or facilities,
nor shall anything herein relieve LESSOR of any responsibility or
liability prescribed by law for fines, penalties and damages levied by
governmental agencies, and the cost of cleaning up any contamination
related to the pre-existing environmental conditions described above.
Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by the parties hereto, as provided in
section 768.28, Florida Statutes, as amended from time to time, or any
other law providing limitation on claims. Upon discovery of a release
of a hazardous substance or pollutant, or any other violation of
local, state, or federal law, ordinance, code, rule, regulation, order
Page 8 of 14
Lease No. 4503
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or decree relating to the generation, storage, production, placement,
treatment, release, or discharge of any contaminant, other than that
described in the Environmental Reports, LESSEE shall report such
violation,
as
otherwise
required
by
law,
to
all
applicable
governmental agencies having jurisdiction, and to LESSOR, all within
the reporting periods of the applicable governmental agencies.
27.
ENVIRONMENTAL AUDIT:
At LESSOR'S discretion, LESSEE shall
provide LESSOR with a current Phase I environmental site
assessment conducted in accordance with the Department of
Environmental Protection, Division of State Lands' standards
prior to termination of this lease, and if necessary a Phase II
environmental site assessment.
28.
SURRENDER OF PREMISES:
Upon termination or expiration of this
lease, LESSEE shall surrender the leased premises to LESSOR.
In the
event no further use of the leased premises or any part thereof is
needed, LESSEE shall give written notification to LESSOR and the
Bureau of Public Land Administration, Division of State Lands,
Department of Environmental Protection,
Mail Station 130,
3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six
months prior to the release of any or all of the leased premises.
Notification shall include a legal description, this lease number, and
an explanation of the release.
The release shall only be valid if
approved by LESSOR through the execution of a release of lease
instrument with the same formality as this lease. Upon release of all
or any part of the leased premises or upon termination or expiration
of this lease, all improvements, including both physical structures
and modifications to the leased premises shall become the property of
LESSOR, unless LESSOR gives written notice to LESSEE to remove any or
all such improvements at the expense of LESSEE.
The decision to
retain any improvements upon termination or expiration of this lease
shall be at LESSOR I S sole discretion.
Prior to surrender of all or
any part of the leased premises a representative of the Division of
State Lands, Department of Environmental Protection shall perform an
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Lease No. 4503
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on-site inspection and the keys to any building on the leased premises
shall be turned over to the Division.
If the improvements do not meet
all conditions as set forth in paragraphs 19 and 35 herein, LESSEE
shall pay all costs necessary to meet the prescribed conditions.
29.
BEST MANAGEMENT PRACTICES:
LESSEE shall implement applicable
Best Management Practices for all activities conducted under this
lease
in
compliance
with
paragraph
18-2.018{2} {h},
Florida
Administrative Code, which have been selected, developed, or approved
by LESSOR or other land managing agencies for the protection and
enhancement of the leased premises.
30.
PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES:
Fee ti tIe to
the leased premises is held by LESSOR.
LESSEE shall not do or permit
anything to be done which purports to create a lien or encumbrance of
any nature against the real property contained in the leased premises
including, but not limited to, mortgages or construction liens against
the leased premises or against any interest of LESSOR therein.
31.
PARTIAL INVALIDITY:
If any term,
covenant,
condition or
provision of this lease shall be ruled by a court of competent
jurisdiction, to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
32. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no
way affects any of the parties' obligations pursuant to Chapter 267,
Florida Statutes.
The collection of artifacts or the disturbance of
archaeological and historic sites on state-owned lands is prohibited
unless prior authorization has been obtained from the Department of
State, Division of Historical Resources. The Management Plan prepared
pursuant to Chapter 18-2, Florida Administrative Code, shall be
reviewed by the Division of Historical Resources to insure that
adequate measures have been planned to locate, identify, protect and
preserve the archaeological and historic sites and properties on the
leased premises.
33.
SOVEREIGNTY SUBMERGED LANDS:
This Lease does not authorize the
use of any lands located waterward of the mean or ordinary high water
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Lease No. 4503
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line of any lake, river, stream, creek, bay, estuary, or other water
body or the waters or the air space thereabove.
34.
ENTIRE UNDERSTANDING:
This lease sets
forth the entire
understanding between the parties and shall only be amended with the
prior written approval of LESSOR.
35.
MAINTENANCE OF IMPROVEMENTS:
LESSEE shall maintain the real
property contained within the leased premises and any improvements
located thereon, in a state of good condition, working order and
repair including, but not limited to, keeping the leased premises free
of trash or litter, maintaining all planned improvements as set forth
in the approved Management Plan, meeting all building and safety codes
in the location situated and maintaining any and all existing roads,
canals, ditches, culverts, risers and the like in as good condition as
the same may be on the effective date of this lease.
36.
GOVERNING LAW:
This lease shall be governed by and interpreted
according to the laws of the State of Florida.
37.
SECTION CAPTIONS:
Articles, subsections and other captions
contained in this lease are for reference purposes only and are in no
way intended to describe, interpret, define or limit the scope, extent
or intent of this lease or any provisions thereof.
38.
ADMINISTRATIVE FEE:
LESSEE shall pay TRUSTEES an annual
administrative fee of $300 pursuant to subsection 18-2.020(8), Florida
Administrative Code.
The initial annual administrative fee shall be
payable within thirty days from the date of execution of this lease
agreement and shall be prorated based on the number of months or
fraction thereof remaining in the fiscal year of execution. For
purposes of this lease agreement, the fiscal year shall be the period
extending from July I to June 30.
Each annual payment thereafter
shall be due and payable on July I of each subsequent year.
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Lease No. 4503
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"
.," ,...
IN WITNESS WHEREOF, the parties have caused this lease to be
executed on the day and year first above written.
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: ~(l. ~ (SEAL)
GLORIA C. NELSON, OPERATIONS AND
MANAGEMENT CONSULTANT MANAGER
BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF STATE
LANDS, FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
"LESSOR"
/ /. / JJ/).!e fOremg ins~nt was acknowledged before me this
~ '6ay of VA-'J.( , 20c:o' by Gloria C. Nelson, as
Chief, Bureau of Public Land Administration, Division of State
Lands, Florida Department of Environmental Protection, as agent
for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. She ersonally
known to me.
Page 12 of 14
Lease No. 4503
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Print/Type
Notary Name
.:~~W;'~~:.,. Diane C. Rogowski
umb "., .~*~ MYCOMM!SSION # 00113320 EXPIRES
N er;;~~?..~;:: May 24, 2006
",j,,:,:r: ,i~~;"" RONOfl) THRU TROY FAIN INSURANC~ INC
Commission
Commission Expires:
By:
I
"
CITY OF CLEARWATER, FLORIDA
.f~~ t/ ~
J
~rank V. Hibbard
Print/Type Name
By:
Witness
Print/Type Name
Witness
Title: Mayor
Print/Type Name
By: tJ)~~7(
William B. Horne, II
Title: City Manager
Witness
Print/Type Name
Witness
Print/Type Name
ATTEST: r~ z...~. p.~f-.
~thia E. GoU:deau
Cl t.y- :Clerk .
...-< e1i'P'XdIAL SEAL
,/ ""
ura Lipowski
ssi~tant City Attorney
"LESSEE"
STATE OF F~.~~
COUNTY OF
TA hor~~nst"""t was acknowledged before me this J.A-
day of ~ 200S, by Frank V. Hibbard and William B. Horne,
- -
II, as Mayor and City Manager, respectively, for and on behalf of the
City of Clearwater, Florida. They e personall kn ~ to me.
~p~ Den'.. A. Wilson
i ~ ~ CommisSion # 00296233
:.. \J; Expires June 18, 2008 ~19
.,~ OF ,.3'""\lGndId TlOf FIIn'~' tne. IClQ485'
Notary Publi , State ,of Florida
])eDi9:J A. iJ, (soJ
Print/Type Notary Name
Commission Number:
Commission Expires:
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Lease No. 4503
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~
~
EXHIBIT "A"
LEGAL DESCRIPTION OF THE LEASED PREMISES
Clearwater - Pinellas County - Armory
Lot 1, GREENFIELD SUBDIVISION, as recorded in
Plat Book 31, Page 28, of the public records
of Pinellas County, Florida
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