SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE - BOT FILE NO 520344583 - 10 SLIP DOCKING FACILITYr
This Instrument Prepared By:
Tiana Brown
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009338921 12/2412009 at 03:51 PM
OFF REC BK: 16786 PG: 2423-2436
DocType:AGM RECORDING: $120.50
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
No. 520344583
PA No. 52-0265938-002
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to City of Clearwater. Flori da hereinafter referred
to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 16 .
Township 29 South Range 15 East, in Clearwater H r,
Pinellas County, containing 39,801 square feet, more or less,
as is more particularly described and shown on
Attachment A, dated April 14, 2009.
TO HAVE THE USE OF the hereinabove described premises for a period of 10 years from July 27.2009, the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 10-slip docking facility_
rei nt submerged lands and 140- li n private submerged land exclusively to be used for
150 slips total 10-slips on sole
mooring of recreational vessels in conjunction with an upland marina, without fueling facilities, with a sewage pumpout
facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of
Florida Department of Health, which ever agency has jurisdiction, and without liveaboards as defined in paragraph 24, as
shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection, Consolidated
Resource Permit No. 52-0265983-002, dated July 27 2009 incorporated herein and made a part ofthis lease by reference. The
construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5
years of the initial term if the initial term is for a period greater than 5 years. The failure to complete the construction of all
authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically
terminate upon the expiration of the initial term or first 5 years, whichever is sooner, without any right of renewal. All of the
foregoing subject to the remaining conditions of this lease.
[ 02-29 ]
2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection,
Consolidated Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet
slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease,the payment of
additional fees, if applicable. If at any time during the lease term this lease no longer satisfies the requirements of
subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an
annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures
which may no longer qualify for authorization under this lease.
3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books,
records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph two (2) above.
4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years.
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold.
6. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
8. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. 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.
9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation
between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
Page 2 of 13 Pages
Sovereignty Submerged Lands Lease No. 520344583
i
10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Clearwater, Florida
25 Causeway Blvd
Clearwater, F133767
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time-
14. NON-DISCRIMINATION: The Lessee shall not discriminate against any 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 area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at
that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment B , which shall run
with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
Page 3 of 13 Pages
Sovereignty Submerged Lands Lease No. 520344583
r
18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary
proceedings as provided by law.
20. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
21. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
22. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
23. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/M1NOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
Page 4 of 13 Pages
Sovereignty Submerged Lands Lease No. 520344583
26. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
28. SPECIAL LEASE CONDITIONS:
A. Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified
financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State
Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is
defined in subsection 18-21.003(28), Florida Administrative Code. The submitted financial records shall be certified by a
certified public accountant.
B. A minimum of ninety percent (90%) of the wet slips at the docking facility shall be made available for rent to the
general public on a "first come, first served" basis, as defined in subsection 18-21.003(25), Florida Administrative Code, with
no longer than one-year rental terms and with no automatic renewal rights or conditions. To help ensure compliance with and
to assist in providing public awareness of this requirement, the Lessee shall erect permanent signs at the waterward entrance to
the docking facility and at the upland entrance to the docking facility which are clearly visible to passing boaters and the
general public. The signs shall contain language clearly indicating that no less than ninety percent (90°/n) of the wet slips at the
docking facility are available for rent to the general public. Any dockage rate sheet publications and dockage advertising for
the docking facility shall clearly state that no less than ninety percent (90'/0) of the wet slips at the docking facility are open to
Page 5 of 13 Pages
Sovereignty Submerged Lands Lease No. 520344583
WITH SSES:
Or final Signature
Pnnt/T e of Witness-
Print/ ype Name f Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL.
IMPROVEMENT TRUST FUND OF THE STATE'
OF FLORIDA
(SEAL)
BY:
Jeffery M. Ge , Operations and Manage;rCient?Consultant .
Manager, Bureau of Public Land Administration;
Division of State Lands, State of 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
"LESSOR"
The foregoing instrument was acknowledged before me this day of,
M.
20 011
Printed, Typed or Sta. µ
Notary Public State aT Florlda
My Commission Expi Kathy C Griffin
My Commission 00727692
%Cmdl Expires 10/30/2011
0, 08,
Commission/Serial No.
Page 6 of 13 Pages
Sovereignty Submerged Land Lease No. 520344583
Resolution No. 04-49
Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida
Sovereignty Submerged Lands Fee Waived Lease
No. 520344583
Countersigned:
CITY OF CLEARWATER, FLORIDA
?- By: 9"LW--`7Er
Frank V. Hibbard William B. Horne II
Mayor City Manager
Appr ed as to form:
ura Mahony
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
City
is E. Goudeau
??'?oFTyE?
The foregoing instrument was acknowledged before me this day of
200 , by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
personally known to me.
Ott? -9,-N24cx-?
Print/Type Nam 44y
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
E MANNI
9 7DIANE
OMMISSION # DD526033
•??tpFo° EXPIRES: Mar. 6, 2010
(40713BB 0153 Flodda No" SwAcexom
The foregoing instrument was acknowledged before me this 0"* day of
4- -A' 20 U , by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
Co. ,
Print/Type Nan* CE ??Mo."p,*
Notary Public
DIANE ^ w .. n
i' MYCOMMIS'AC11 ;'T" 60.`43
EXPIP-ri; N'i:;-.'
(?W1399-0153 Flodr„'c.s'^... _ :•r.Ce.Gnm
Page 6b of 13 Pages
Sovereignty Submerged Land Lease No. 520344583
SPECIFIC PURPOSE SURVEY
VICINITY MAP
(Not to Scale) MAY Z 9 2009
.- .. ? ?., . uthwe
CERTIFIED Yo: SUC>RGED LAND LEASE BY DATE DESCRIPTION
WGR 4/14/0 REVISE LEASE BOUNDARY, ADD RIPARIAN
Board of Trustees(TIIF.)-.1 ;; :;,DCCEMWATFR BAYFRONT MARINA LINE AND DOCK TIES
SECTION -1 TOWNSHIP 29 5- RANGE 15 E.
_,_j
INRIALS PATE ; I7 P y? JOB N0.
CREW CHIEF George F. Young, Inc. 0913031600
DRAWN WGR 04/13/09 - ;' { - 299 DR. MARTIN LUTHER KING JR. STREET. N. ST. PETERSBURG, FLORIDA 33701 SHEET NO.
CHECKED GSN 04 13 D9 TDA SM. .B3= PHONE (727) 822-4317 EAX (727) 822-2919
FIELD BOOK ? BUSINESS ENTITY LU21
S1IIC6 iB1U ARCHITECTURE-QdGMEERING-ENVIRONMENTAL-LANDSCAPE-PLANNING-SURV"NG-U-nU-nE5 1 OF 3
FIELD DATE _ GAINESVILE•LAKEWOOD RANCH-ORLANDO-PALM BEACH GARDENS-St. PETERSBURG-TAMPA-VENICE
Attachment A
Page 7 of 13 Pages
SSLL No. 520344583
SPECIFIC PURPOSE SURVEY
SUBMERGED LAND LEASE DESCRIPTION
A parcel of submerged land in State Sovereign Lands of Clearwater Harbor, lying and
being in Section 16, Township 29 South, Range 15 East, Pinellas County, Florida.
Commence at a FLDT Monument "HARRIS K", located at the Southeast corner of the
junction of U.S. Alt 19 and S.R. 590, in the City of Clearwater; thence 5.81'42'42"W.,
1263.94 feet to a point on the Southerly line of Deed No. 17,500, Tract 18. Said point
also being on the face of seawall and the Mean High Water Line; thence along said
Southerly line of Deed No. 17,500, Tract 18 N.89'14'27"W., 56.43 feet to a point on
the Westerly line of Deed No. 140230 and the Point of Beginning; thence along said
Westerly line of Deed No. 140230, 5.20'27'55"W., 139.93 feet to a point on the North
Right of Way Line of Memorial Causeway, thence along said North Right of Way Line of
Memorial Causeway N.63'23'56 W., 259.10 feet; thence leaving said Right of Way Line
N.28'51'24"E., 192.32 feet; thence N.05'00'23"E., 37.68 feet; thence 5.84'42'58"E.,
116.06 feet to a point on the Westerly line of said Deed No. 17,500, Tract 18; thence
along said Westerly line of said Deed No. 17,500, Tract 18 5.29'00'12"W., 186.58 feet;
thence continue along said Westerly line. of said Deed No. 17,500, Tract 18
5.07'00'00"W., 15.00 feet; thence along the Southerly line of said Deed No. 17,500,
Tract 18 5.89'14'27"E., 161.23 feet to the Point of Beginning.
Containing 39,801 square feet or 0.914 acres more or less.
LEGEND:
EL. Elevation
FLDT Florida Department of Transportation
PSM Professional Surveyor and Mapper
R/W Right of Way
Sq. Ft. Square Feet
NOTES:
1. This is not a Boundary Survey.
2. The face of seawall as shown hereon represents the
approximate Mean High Water Line.
3. Lease Area contains 39,471 square feet or 0.906 acres
more or less.
4. Site has approximately 0 feet of linear shoreline.
5. Basis of Bearing is Grid North.
8. As per field inspection the approximate
Mean High Water Line appears to be at the
seaward face of the existing seawall. The
approximate Mean High Water Line as shown
on this map is not a tidal property boundary
and was not located in accordance with
procedures specified in the "Florida Coastal
Mapping Act of 1974 Chapter 177, Part II
of the Florida Statutes and the "Rules of
the Department of Environmental Protection
Chapter 18--3 of the Florida Administrative
Code.
6. Elevations refer to the North American Vertical Datum 9. Shoreline 1000 linear feet North of subject
of 1988. Benchmark: City of Clearwater Bench Mark property consists of 97% seawall and 3%
"F-05 Elevation= 6.5075 feet NAVD 88. sandy shoreline. Shoreline 1000 linear feet
7. State Plane coordinates shown hereon are based on South of subject property consists of 100%
NAD 83 (North American Datum of 1983). Point of seawall. Scattered seagrosses exist throughout.
Beginning coordinates based on sub meter GPS and 10. Location of Deeds 17,496, 17,496-A, 17,500,
scaled from drawing. 17,500-A and 140230 as shown hereon provided
by the City of Clearwater.
CERTIFIED To: SUBMERGED LAND LEASE JE! GR 1?4 D REVISE LEASE BOUNDAnRY, ADD RIPARIAN
Board of Trustees (111F) CLEARWATER BAYFRONT MARINA LINE AND DOCK TIES
INNWLS DATE JOB NO.
rFIE CHIEF George F. Young, Inc. 0913031600
NOTE: SEE SHEET NO. 1 FOR
N WGR 04/13 09 SIGNATURE AND SEAL. 290 OR MARTIN LUTHER RING .R. STREET. N. ST. PETERSBURG, FLORIDA 33701 SHEET NO.
KED GSN 04 13 ()<J PHONE (727) 822-4317 FAX (727) 822-2910 I%f BOOK BuSrNESS Elanrr u12t
ARCLO7ECMRE•EWR4 RNO-ENVOtOMMFNTAL•LANDSCAPE-PLANNING-SURVEMNG•UMUMES 3 OF
DATE GAINISI E•LAKEVXM RANCH-ORLANDO-PALM BEACH GARDENS-ST. PEfERSBURG•TAUPA•VENICE 31
Attachment A
Page 8 of 13 Pages
SSLL No. 520344583
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LINE TABLE
LINE LENGTH BEARING
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L2 37.68' N05'00'23"E
13 15.00' S07-00'00"W
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CERTIFIED To: /14 0 REVISE LEASE BOUNDAR
WGR I
NDAR
, A
Board of Trustees (TIIF) CLEARWATER BAYFRONT MARINA LINE AND DOCK TIES
SECTION 1 TOWNSHIP 29 5. RANGE 15E-
INDWS
DATE
Inc.
George F. Young JOB NO.
091303160
0
CREW CHIEF
WGR
DRAWN 04/13/(19 ,
NOTE: SEE SHEET NO- 1 FOR 298 DR MARTIN LUTHER KING JR- STREET- N. ST. PETERSBURG, FLORIDA 33701
SHEET NO.
6
CHECKED GSN
04/1309 SIGN
SIGNATURE AND SEAL- PHONE (727) 822-4317 FAX (727) 822-2919
FIELD BOOK BUSINESS EHTTTY LB21
ARdi1TEMRE?ENGINEERING-ENMRGNIAENTAL-LANUSCAPE-PLANNING-SURVEYING-UTILITIES
SinCB 1919
2 0'3
a
FlELD DATE GAINESVILLE-LAKEWOOD RANCH-ORLANDO-PALM BEACH GARDENS-57_ PLIFRSBURG-TAMPA-VENICE
Attachment A
Page 9 of 13 Pages
SSLL No. 520344-583
UI
t:? + ¢ APPROXIMATE MEAN HIGH WATER LINE
(0.65 FEET NAVD 88) as per lden 69
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Tract 14 % w
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EL. 5.19
MEAN 1-1101-I J
WATER LINE
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L. 0.65
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GROUND - ?
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i:?rt? PAGE 281
QUIT (. CALM 171-1"1 U
r t?.
THIS INDENTi1RL made this day of 3y A., D. 19bZ,
between SALINE HOFFPAUIR, unmarried, of Lht- Ctsuntyof loincllas and
r
State of Florida, party of the first. part, and CITY OF CLEARWATI:17,
YLORID.A, a Tnun.icipal t:urp0r•d1k2», wl.ose mailing address is 1•'O Ilo+
1348, Clcarwatc:r, PjnellU$A Cnuirty, Florida, party of the sce;crltd port.
VI ITN 1 SSE"rH
That the said party of t1ju first part, for and in consideration of
the sum of One Dollar and outer valuable cunsiduration, in lr.tnd paid 1ty
the said party of the second pant, the receipt whereof is herQby acl now-
ledged,'bas rarYtised, released and cjuitc_lairned, and by theac: tat • s. ril8 do ,:i
remise, rtAease and r;niLclairn runtu Elie said party of the second part all.
the right, title, interest clairn axed dunrand which. the said party of 1.1o: first
part has in and to the following described parcel of land, situatc lyirrr_ and
being in the County of Pirtella», StaW of Florida, to wit:
Beginning at the NW comber of Lot 2 of Jefford's
and Srnoyerrs Subdivision of Clearwater. Florida;
thence West 500 feet to the lath edge of the channel
of Clearwater Bay; Lhencc Sotahwcsterly along the
E,.st edge of said channel to a point 500 feet West
of the Southwest Connor of Lot Z; thence Last .500
feet to the high water mark on Elie East shore of
Clearwater Bay .at the Southwest Corner of Lot 2;
thence Northeasterly along said high water mark to
the Northwest corner of said Lot the point of
beginning first above described. Containing 1. 0
acre, more or less, and lying and being in Section
16, Township 29 South, Range 15 East, Pinellas
County, State of. Florida-
The purpose and intent of this conveyance is to
clarify and correct the deseri.ption of certain sub-
merged lands tnclttdud' in tho descripttoa of Elie
property previously convt;yvd by the Grantor to the
City of Clearwater. Florida, by Warranty Dead
dated Mauch 30, 1962, which was recorded on
April -1, 1962, in OR Boolc 1396, page 575 of the
Public Records of Pinellas County, Florida.
} STATE ?FFLOP A
DOMMEtlZAp" SSrAJP TAX
? ? ntrte?az 1a 4 . ?
i t:oMP747LECH _ _
P.B.ta?aa ? ?
Attachment • B
Page 10 of 13 Pages
SSLL No. 520344583
-l-
o, k. 1427 pni 282
This conveyatrace. shrtll not affect the lien or validity
of that certain Mortgahe [torn the City, of Clearwater.
Florida, as Mortgagor to Saline Hoffpauir, as
Mortgagee, dated March 10, 1962, and. recorded
in the Public Records of Pinellas County, Florida,
which -Mortgage enc'ubibe:rs the above described
property together with certain additional described
property.
TO FIAVI ANll To Ho-u) the same, together with all and sing;til.ar
the appu2Lenarncas thereuntu belonging or in anywise appurtaiu.i."'g, and all.
ilia estate, right, title, interest and claim whatsoever of the said party of
the first part, either in law or crluity, to the only proper use, benefit and
belauor of lht said party of the aecoad part.
IN WI'T'NESS WBEREOF, the said. party of the first part hus here--
unto set hur band and seal the day arid year (i.rsl above written,
Signed, Sealed and Delivered in
our Presence:
STATE OF FLORIDA 1
Z9P 'X4? -S>~AL,
1
COUNTY OF PINEI.LAS )
I lIE1tEBY CERTIFY, that on this day personally appeared before .
rne:, an officer duly authorised to administer oaths and take, acknowledgments,
SALINE I-IOFFPAUIR, unarnarriud, to me well known to be the person described
in and who executed Lhe foregoing insLrttment and she acknowledged before me
that she executed the same freely and voluntarily for the purposes thercin
expressed.
WrrNESS my hand and ?Yicial seal at Clearwater, County of Pinellas,
and State of Florida, this day of , A. D, 1962.
My Commission Expires:
Nn4.ry Public f5we of FNrkC 71 _,rx
' fts Cum,n:51tforn Exp.ras F-o, 9- 1rr'
?tpAli'f711?M tl
GTAIJ,
r' U 13 1,
No ry Public
_2_
Attachment B
Page 11 of 13 Pages
SSLL No. 520344583
U- -M.rt"- Wt th +•J7 .nrJ..,e. 1k+ r -4 P•
en. --e #Ar w/.•Lr.- AM y ,f .., ,?.,f.• .An o! , :..d?
ah. a.,n '.nl.' IM,r .NrJ?.dr a,J,A.'n?nrel Jrw ?, a• •r+efr,M,r y! .-..•
.J: ,rnrrr.• n14, r.? _d
.Aladc this (lay of Or'Io},?_•r .5l" I1. 1,9 f,5
3['.1.11r('('.Il r?1.,F'fr,l.I_') F'. NARS11ALL and J1:e?; 11 C;, MAFr_` HAL.1_,, his
Pinellas
rr f fire County of
'
(rrr(1 Nftit eof F-IoridA parry of the, first pr+.rl,
and
G'1'T'Y OF' CL.F-Af21hAT'I':fr., F.LORIIM. a Vlc•rida Jrmni 11-J•-tl a:,l r1,J ralion,
, o f t. lr.r' (.:`c? rr rr t r/ rr f
PinelIn S rrrr.rl Q.01te ryC F 1.0Tida f,rl.,frr of t.h-c
r?
Iii11?55t1.:1III llu.-uf fh.r- ;raW, party of (Ire frrrf Pr711, for rrrrr! in cm'Is?W.rrrrz.ftitrrr of.
OW UM, of One anti nn 1 0--------------------------------------------- i,n. ]ra.rr,rl. ?u.i.cl Irrl till srirrl Pcrrtr,^ of (.Ir.r-sr?cnrr.rl. Iru,,-t, fire rr•r'rril.rl r,h'.r,•r.'(,f i.s' lrr'.r'r'lrrl rrr;k-rrnr.rl?
r(l_#cd, has r•rmi.vrrd, relr•a.scd rr.?+d quitclainted, and l,l1 lirn;r I rc;r•rr.t,s rl,.rrrrc rrnr.ise,
rrlc:ase and qtr-itrlaim rt•,r.tr;r flit. ,srri.rl party of thesfc'on.(l Irrrrt rrl,lIbe rigl+t, tifjr, itarrest
claim, and rlerr),or,rl it Irrr:lr, the anirt party of the first part has i„ (r,;.rr'. to th,er follotvi.?r,d
rlesrrihrrd lot , Xrirr.r r,r IJt+rr-nl of lr+.r+rl, sr:trrt7fc lltier rr.rrrf l,r?irrr? irr. tree ("orl.rrty (If
Pinellas Statr• of Florid(., to rr.vl.
Any and .. 11 ia,r,J}ti, 1, e:tirer uplands or suLrn? r?r •1 l.Jn lr:. ?
lying, :3rrd s: [,r_rrdtrr? West of the West boundary litrr- r,t C ?-?
Lot ",B" of ,51JN1 -•)=T COURT SUBDIVISION. acrnrdmp
to snap of plat t.h!: r e-of , recorded in Plat F3o- A--. 1, 1 ? lac ?
?_
a
Public Ri-c, 'r,ls of Pin(,,lla?s County, Plori.da.
74 :.
, r ?•7
,._. ,
C
;7 7
e? - 7 T ATE w: FLOPIDA
i.,. CIO UMENI TADvt IOTA MP T A 5
NUV-1 is
M.,
x
To 1.1ave aril to 1 -fl fhr srx:nte, to?*r,thrr rrriilr rill r+.n,d- slrrjular the
appurtencanres fb,er(rrrn.fo be:1r.3rr.fi•nff or in. anywise r+T,jc,crfrt.i.rrr:?r1?, and, a1l th.e est-atc,
right, tftlB, interest av,d r•.l;zirrr• r[-rlrtZtsr?ft?er of the saitl trait-r/ of the fl"-,Zt ltoxf, citlrrr- ill
Trrw or equ.i•ty, to f.1w rrrr.ly proper use, ben.sfr:t and behoof of rrrr- .rrr.r'rl lrax y of the seccrrr.d
part,
IF] W1DICSS 1` llCrf-0f, Me said party of (hr fl.r.st luxel bees lucreu.rrto sof h.is
lrttnd a,?td gca.l thr day and year first above urn,tt-en.
Sign 54Ca11cd anc/l?Qcli'rvrr,-r r(l in Otir Prcoence: t- /
•??L?i???L.l'.t?2?-/ ?.?t; _(.,._?.?ti ? .t' _ .....i-J' -?- r, ? ; i -•? 7...?1 r i ?-! `.`-?',??`,
^Alfred T'_ T•';.trsh?-tll I'` 'r-
Jrrr.F.rr rslra11
r
State-, of Florida,
f,nurtt? of P1N:F'.1-LAS
I 'HEREBY (.'FHT11,1, That oil ,.iris (lay person-erlly ajprarcod before me, rrrr of cer
duly auth.orizeil, to (,rltninisfer oaths cr.rr.d take nc1,,»nrc.rlc.l?rrr(rr,f.v'.
Alf red P. 1R4ar0-ia,i1 ta.t,tl 11-!Ssic C. Mal-s1ta11. 110. ,-ife,
ti,,Jl:uru,r,.
tsr; ?rr.c'=Fell xrirrtrrrr. fir bt, the, persons drticriberl in. and I.rrh-n rxe..ctr.tr.d the foregoi.rr.et
rlr.,l;.n.r.,+ra.riltte(1 before. ni.e tlul-t they
ins tr?erlt..rrvt a.rrd they
rxcca?,rd Line 5arrt.r frr.erly arr(1 + o7untari1y for Ou, jtrcrl!rr?r.•c t hrrr,ir+ r•r..l,ressed.
rn.r/ liand and o flxr,al mil at
Gle_arrua tcr
Co11,rr.t]t *of Pir-1eIla s amel ,State of Floriela, this .-Z,7
drrrl r'if ; CJt:l.cai;Jr:.,• +1. l.). 1965
"ntrr.r+t d'r,.lrl.rr
G? '1•nt;rr"}+ 1°IIt31JC. St•,1(• Pt rIOr.t1L 1[ I_vrr',
11 rt C'om rrr r r sioll ?x'tr , r-?t , cr r? y. I ;
rti,,.n,. r,, r. ,.. ,, r,•r nr rr )
Attachment A B
Page 12 of 13 Pages
SSLL No. 520344583
r,..w uu+ rt.,a. r,a.l(Y CI. hl,+l UCLr> Q ?
f r,
' ?4 932 ru rrf!f 0, ., ,,.:.,4," .„f
120,71
QUO 11t T
rllucle lilts T,? da q o/ --- IL_ n) 61
B t.lti`'e , ?s I Il.tt.rl
I
H. HANCOCK
al.Ney Ir,nea:rli
dS 1'IG\Nl:l,`i M:11d1,1
IlrlNCOCK, joined by her husband, C1 YbE 11 .aNC'00 h,
0 ke. :: IfoI.NQu
,erttl titute:lrf
H01-i,la r,f the Courtly (rf
lrrtrtllol' thelir.vt pari
U rr (1 ,
C!"C'r' i1 h' CL-'AR'rl.i'l•I,:k1 d rllelilic.lpaal. corporation,
')f l it e, t. •u a rt l rl b f
Vi,ncllas N-144 'Wale If FIoridil l;.tr1y of lhe,.•••f•urrr'1 prrt,
r;
Y, G'j,i?,':"i1ril%,, l/...I the w1i."I llerl'ly a l1le //f,0 l,rrrt, /1,1 .rrref ilr rr+rr,?erlrlntifrlr rr/.
tlrr•.hilrlfr rr/' ONL' DOLLAR and othe[• uablC L011sijr.rAtion----------/?yl?{pr•.,;
ill b0fol l .l1101 hot thr• .h•rri,l llr'tr'tll of file, Xo'rwu,l lrrrr'l, M r, 1.'rl,1 ,r hrr-rrrf i,. hi' 'rh+l lerf.'Ir0,fv1-
r•rlrrrr/, l,lr.i l,'rl:,:,r.1, I'clrrr.vrtl trltrl r arilr•Irrtrlrrrl ur+t! !,l r[ ••r' !rr•e'nr•rrl,v el:
1 I •r' ,rs rrvlri,,r
1r`lr',l,hr',rlrrt r/rrrl,'l rrlrl rfrrly the sftirl pur•ty trf thr `.r'r'•lllrl 1 rll/(hr• Iiy,Irl• Itllr, llrt!'f':'.'t
r'l,lrrrr ,Irrrl r/ r+1 r:,rrl rrllitar the segitl l:rr.r'I// u/' Ili<' lir.,l lr,rrf horn irr rlrlrl (u l/rr' fi'.,Ilr,tr'Ir:r
rlta't.ltlrrre? f, lricrre. ur•/ill rcel er)• hrrlrl, .e'ilrrfrle 11Irrr_a Arilt hriu;l' irr the: Cfirtrtty u/
Ll,t:l l.es 'Patio of !'loop/fl, Ic, Wtl
Trac t 1.h. &:-ill at a point 50 feet `30elt:h tnd 31Ei feet
tti'e?st Lire intet-scctiorl of the center line of Drew Street
and tha. „rest line of Osceola titruct; thrnct: West GOtI feet ?m
to lhl? Last edge of the channel of Clearwater Bay; thence
iotlthf 19 deter(: S 30' 1¢i:st, 193.3 feet; thence 5uutlt 70 ?y
-40St la beet; thence LaSC 600 feet; thence Nurtll 10 Etst
]5 fuet; t.llence North .7. e)° 301 East 193.4 fe:ct r-o th4 point
of (,,:Ali in.; first above described c,-,nt.tini.n'• 2.. 52-
i ? acres , err--
niur'e, or .l.c,st and lying; and bein, in Township 29 South
ilalt,e ) { St, City of C1e arw.tcr•, County of nell.a3, , rU
5c?t? 1]f Florida.
r.
? ? h P
L•
e'.
t -
r1l,t) AUnd?t" Ip69Qp ItG ??t19t? Iltr+ .tiurrlr:+, tr,?+rllrfr tr'ith toll rrlrd si,N,6141rrl' Me!
r7ly,rrt!'tS'rtftr.=r.'d !!re'rr'r[1lfu Ili`1[IIt_?%I/g or ire frrr rr-F.h't' trlrl,e'I't,rlr,ll7ti, rrltrl fill the
ralrlir',
ridhl• li.llr', ref+'I'(',vl twirl churn rr'lr(tlsur+rr'r' Nf thr visid lobe i /' liar lbsl poill, t'ilhr-l-irr
lee.ta ot- eel rfl y, l.r lift e.rtrly lrl rrlx•r u+e, bewcfit listed to elroof of lh.• .hill+l l,er.rey orf' If e : reona
lilt rl.
r
I1 C b?r Ill?1v.,:i -`G?' `1t'0'uoill llle mill pal'tr1 o/• lire /it NI pact hfv% lrfv r'reNtrs •?wf hi,h
httrtfl ttrul ;r it thr• ;Ivey will yeu$.14st ubuua• rly'itlell,
?I?naael. Sculjrfl :u,el llllclin:rr_el iu l'reKCltta! „l:
'ya-Al, llancock °
c4p
t Clncur-k
At tachment )IkX ]3
Page 13 of 13 Pages
SSLL No. 520344583
7
-rte
-o
cart
Charlie nor
Florida Department of Governor
Environmental Protection Iell'Koakamp
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Michael W. Sole
Tallahassee, Florida 32399-3000 Secretary
November 10, 2009
Ed Chesney, P.E.
Environmental Manager
City of Clearwater
100 S. Myrtle Ave. #220
Clearwater, FL. 33756-5520
RE: BOT File No.: 520344583
Lessee: City of Clearwater
Dear Mr. Chesney:
RECEIVED
NOV 1 1
CITY OF CLEARWATER
FNGINE:EMNIG DEPA\i2]MENT
Enclosed is a lease instrument, which requires acceptance by the notarized signature of
Frank V. Hibbard as Mayor of the City of Clearwater (two witnesses required). Pursuant to Chapter 695,
Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary
public must be legibly printed or typewritten directly below that person's signature.
Please execute and return the enclosed instrument and any additional information requested within 30
days after receipt of this letter. Upon receipt and acceptance, we will transmit the lease instrument for
final departmental execution. A fully executed instrument will be provided to you for recording in the
county records where the facility is located.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please
feel free to contact me at the letterhead address above (Mail Station No. 125) or at (850) 245-2720.
Since
Tiana Brown
Government Operations Consultant
Bureau of Public Land Administration
Division of State Lands
nisi/tb
Enclosure (Lease)
By FedEx
"More Protection, Less Process"
w"w dep.state,//.us
Charlie nor
Florida Department of Governor
Environmental Protection Iel'I Kottkamp
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard Michael W. Sole
Tallahassee, Florida 32399-3000 Secretary
December 18, 2009
City of Clearwater, FL
Attn: Ms. Susan M. Chase
City Hall, 112 S Osceola Avenue
Clearwater, FL 33756
SOT Lease No. 520344583
Lessee: City of Clearwater, Florida
Dear Ms. Chase:
Enclosed is a fully executed original lease for your records. The lease requires the Lessee
to have the fully executed original lease (all pages) recorded within 14 days after receipt
of this letter. The original lease is to be recorded in the official records of the county
where the leased site is located. Please provide within 10 days following recordation, a
copy of the recorded lease to Michelle Brady at the letterhead address above (Mail
Station No. 125).
If the billing agent, address, phone or fax numbers change, or there is a change in the
Lessee's tax status, please notify the ACCOUNTING SECTION at (850) 245-2720 within
30 days of the date of any change.
Any future correspondence or inquiries should be directed to this office at the letterhead
address above (Mail Station No. 125) or at 850/245-2720.
Thank you for your assistance and cooperation in this matter.
h
y C. Grif in
Godernment Operations Consultant I
Bureau of Public Land Administration
Division of State Lands
/kcg
Enclosures
cc: File
DEP, SW District Office
'More Protection, Less Process"
wn w dep.-slate, Aus