10-10
RESOLUTION NO. 10-10
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING SOVEREIGNTY SUBMERGED LAND LEASE NO.
520345063 WITH THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA; AUTHORIZING EXECUTION BY THE MAYOR AND
APPROPRIATE OFFICIALS OF THE CITY OF CLEARWATER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida ("City") is operating a three slip
docking facility with a boat lift at 700 Bayway Blvd over sovereign submerged lands of
the State of Florida in the Intercoastal Waterway of Clearwater Harbor; and,
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida (TIIF) have administrative authority over such sovereign lands; and,
WHEREAS, the State of Florida Bureau of Public Land Administration of the
State Department of Environmental Protection has prepared and delivered a lease
document effective November 6, 2009 for a period of five years to the City identified as
Sovereign Submerged Lands Lease No. 520345063; and,
WHEREAS, said lease agreement has been duly considered by the City Council;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City hereby enters into Sovereign Submerged Lands Lease No.
520345063 with the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida for a lease through November 5, 2014.
Section 2. The Mayor of the City of Clearwater and other appropriate officials,
as applicable, are authorized to execute said lease in the form attached hereto as
EXHIBIT "A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 31st day of March
,2010.
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Frank V. Hibbard
Mayor
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Approved as to form:
Attest:
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Laura Mahony
Assistant City Attorney
Resolution No, 10-10
This Instrument Prepared By:
Tiana Brown
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
BOT FILE NO. 520345063
PA NO. 52-0294534-001
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, Florida, hereinafter referred to as
the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Sections ---1.L,
Township 29 South, Range 15 East, in Clearwater Harbor,
Pinellas County, containing 2,8 I 9 square feet, more or less,
as is more particularly described and shown on
Attachment A, dated June 26, 2009.
TO HAVE THE USE OF the hereinabove described premises for a period of ~ years from November 6,2009, the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
I. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip docking facility with a boat lift
exclusively to be used for mooring of rescue vessels in conjunction with an upland fire and rescue station, without fueling
facilities, with a sewage pump out facility if it meets the regulatory requirements of the State of Florida Department of
Environmental Protection or State of Florida Department of Health, whichever 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 Environmental Resource Permit No. 52-0294534-001, dated November 6, 2009,
incorporated herein and made a part of this 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.
[29 ]
EXHIBIT "A"
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 Environmental 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 18-21.0 I I (I )(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. INDEMNIFICA TION/INVESTIGA TION 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 -L of -1L Pages
Sovereignty Submerged Lands Lease No. 520345063
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
P.O. Box 4748
Clearwater, FJ 33758
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (I 0) days before the change is
effective.
I I . 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.
Page 2- of --1L Pages
Sovereignty Submerged Lands Lease No. 520345063
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 ~, 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.
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. ADVER TISEMENT/SIGNS/NON- WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR 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.
Page -.L of -.lL Pages
Sovereignty Submerged Lands Lease No. 520345063
24. ACOE AUTHORIZA nON: 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.
26. LIVEABOARDS: The term "Iiveaboard" 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 often (10) days within a thirty (30) day period. Ifliveaboards 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. The Lessee shall prohibit any mooring, on either a temporary or permanent basis, along the west side of most
western 28 foot long pier and along the east side of the 22 foot long most eastern pier. To ensure compliance, the Lessee
agrees to place and maintain: (1) a 3-foot high railing along the west side of most western 28 foot long pier, and along the east
side of the 22 foot long most eastern pier, and (2) signs advising boaters that mooring either on a temporary or permanent basis
is prohibited.
B. Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located
within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises.
V essellength shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and
swim platforms.
Page -.L of -1L Pages
Sovereignty Submerged Lands Lease No. 520345063
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature
(SEAL)
Original Signature
BY:
Jeffery M. Gentry, Operations and Management 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
Print/Type Name of Witness
Print/Type Name of Witness
"LESSOR"
STA TE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ____._ day of ,20_, by
Jeffery M. Gentry Operations and Management Consultant Manager. Bureau of Public Land Administration, Division of State
Lands, State of Florida Department of Environmental Protection, as agent tor and on behalf of the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
ater, Florida
(SEAL)
WITNESSES:
Original Signature
BY:______
Original Signature of Executing Authority
Typed/Printed Name of Witness
rd
ame of Executing Authority
Original Signature
yor
Title of Executing Authority
Typed/Printed Name of Witness
"LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged belon: me this _________ day of ____ ,20____, by
Frank V. Hibbard as MaYQI, for and on behalf of (:_Lty_QL(,,]i.;!:lrwateJ~IJ.Q.ci.Qi\. He is personally known to me or who has produced
, as identification_
My Commission Expires:
Notary Signature
Notary Public, State of
Commission/Serial No.
Printed, Typed or Stamped Name
Page ..Q.. of .J2_ Pages
Sovereignty Submerged Land Lease No. 520345063
Resolution NO.1 0-1 0
Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida
Sovereignty Submerged Lands Fee Waived Lease
No. 520345063
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Frank V. Hibbard
Mayor
~~ved as to.!orm:
@Li^-,,~ 'rfv.-j----C'(f
Laura Mahony l
Assistant City Attorney /
Attest:
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
,20_, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
personally known to me.
Print/Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
,20_, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
Print/Type Name:
Notary Public
Page 6b of 12 pages
Sovereignty Submerged Lands Lease No. 520345063
't..,
Section 17, Township 29 South, Range 15 East
Quad - Clearwater, 178-B, 1987
700 Bayway Blvd, Clearwater, FI 33767
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Attachment A
Page 7 of 12 Pages
SSLL No. 520345063
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
GULF OF
MEXICO
CLEARWA TER
HARBOR
LEGAL DESCRIPTION:
UPLAND (PER CLIENT - FOR REFERENCE ONLY):
"LOT 24, BLOCK A, BAYSIDE SUBDIVISION NO.5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGE 38
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA."
LOCATION MAP
(NOT TO SCALE)
PROPOSED SUBMERGED LAND LEASE:
A PARCEL OF LAND LYING WITHIN CLEARWATER HARBOR IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 24, BLOCK A, BAYSIDE SUBDIVISION NO.5, AS PER MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID
LOT 24 AND ALONG THE APPROXIMATE MEAN HIGH WATER LINE OF CLEARWATER HARBOR ALONG THE ARC OF A CURVE CONCAVE
NORTHERLY, SAID CURVE HAVING A RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 02'55'19", AN ARC LENGTH OF 51.00 FEET AND A
CHORD BEARING AND DISTANCE OF N73'36'12"W, 50.99 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY AND APPROXIMATE MEAN
HIGH WATER LINE N16'39'18"E FOR 55.00 FEET; THENCE S73'36'12"E FOR 50.99 FEET; THENCE S16'39'18"W FOR 55.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,819 SQUARE FEET, MORE OR LESS.
CERTIFIED TO:
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
WOODS CONSULTING
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS A TRUE REPRESENTATION OF A SPECIFIC
PURPOSE SURVEY, PERFORMED UNDER MY DIRECT SUPERVISION AND MEETS THE INTENT OF THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 61 G 17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO SECTION 472.027 FLORIDA STATUTES.
SUNRISE SURVEYING & MAPPING SERVICES LLC, LB NO. 7710
(1 (\'\:t:tAA ~ e. Kh f)0t Q...
DATE
(olZlD1ocr
I
CYNTHIA E. KNOPKA
PROFESSIONAL LAND SURVEYOR NO. 6070
STATE OF FLORIDA
SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURVEY - THIS IS NOT A FIELD SURVEY.
^
~
~
SUNRISE SURVEYING &
MAPPING SERVICES LLC
1142 2ND AVENUE 5 ' ST PETERSBURG, FL 33715
PHONE: 727.631.9754 . WEB: WWW.SUNRISESURVEYING.COM
E-MAIL: SUNRISESURVEYING@TAMPABAY.RR.COM
PROPOSED SUBMERGED LAND LEASE
700 BAYWAY BOULEVARD, CLEARWATER, FL
PID: 17/29/15/05004/001/0240
CEK DWG DATE:
APPROVED BY: CEK FIELD DATE:
FILE NAME: 09121-LL.DWG PAGE:
DRAWN BY:
May 22, 2009
rev: June 26. 2009
N/A
10F2
Attachment A
Page 8 of 12 Pages
SSLL No. 520345063
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
THE SURVEY DEPICTED HERE IS NOT COVERED
BY PROFESSIONAL LIABILITY INSURANCE
/, C LEA R W ATE R i:i:f /
HARBOR ~ I
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PROPOSED SUBMERGED "'- ~
LAND LEASE /] ::ij
AREA=2,819SF:t &6 ,-1-1
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LOT 23
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PROPOSED
LEASE LINE AT
RIPARIAN LINE
/
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APPROXIMATE MEAN
HIGH WATER LINE AT
FACE OF SEAWALL
LOT 24
BLOCK A
BAYSIDE SUBDIVISION NO.5
(PLAT BOOK 38, PAGE 38)
#700 BAYWAY BOULEVARD
PID: 17/29/15/05004/001/0240
POB
NE CORNER LOT 24
LAT: 27'58'02.8"
LONG: 82'49'24.1"
/
LOT 2 5
DELTA
02"55"9"
CURVE TABLE
ARC LENGTH CHORD BEARING CHORD LENGTH
51.00' N 73"36'12" W 50.99'
MAP NOTES:
1. NORTH ORIENTATION SHOWN HEREON 15 ASSUMED.
2. REPRODUCTIONS OF THIS 5URVEY ARE NOT VALID UNLES5 EMBOSSED WITH THE
UNDERSIGNED SURVEYOR'S SEAL.
3. PROPOSED INFORMATION SHOWN HEREON PER DESIGN PROVIDED BY WOOD5 CONSULTING.
4. NO SHORELINE VEGETATION WAS OBSERVED ON THE PROJECT SITE.
5. SHORELINE 1000 FEET IN EITHER DIRECTION OF SITE IS 100% SEAWALL.
6. MHW LINE SHOWN HEREON IS APPROXIMATE ONLY & IS NOT INTENDED TO DEPICT THE
LEGAL BOUNDARY BETWEEN PRIVATE AND STATE LANDS.
7. TOTAL LINEAR FEET OF SHORELINE OWNED BY RIPARIAN UPLAND OWNER IS 60 FEET:!:.
LEGEND
LAT LATITUDE - SCALED
LB LICENSED BUSINESS
LONG LONGITUDE - SCALED
MHW MEAN HIGH WATER
It. PROPERTY LINE
POB POINT OF BEGINNING
SF SQUARE FEET
TYP TYPICAL
:I: APPROXIMA TE ONLY
SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURVEY - THIS IS NOT A FIELD SURVEY.
A
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SUNRISE SURVEYING &
MAPPING SERVICES LLC
1142 2ND AVENUE S . ST PETERSBURG, FL 33715
PHONE: 727.631.9754 . WE8: WWW.SUNRISESURVEYING.COM
E-MAIL: SUNRISESURVEYING@TAMPA8AY.RR.COM
PROPOSED SUBMERGED LAND LEASE
700 BAYWAY BOULEVARD, CLEARWATER, FL
PID: 17/29/15/05004/001/0240
CEK DWG DATE:
May 22, 2009
rev: June 26, 2009
DRAWN BY:
APPROVED BY: CEK FIELD DATE:
FILE NAME: 09121-LL.DWG PAGE:
N/A
2 OF 2
Attachment A
Page 9 of 12 Pages
SSLL No. 520345063
81/1 i '/935
~.3
......6490~-JI 997
PERSONAL REPRES8NTATIVES' DEED
;t"l.oil:.-.!j. fi<.b:.';:,:,..J
I.... T I . .'; : 'l:::.;
~ I 1;:L'; ";'. '. '1.' F...: .: ~
THIS INDP.NTURE, Made this .::,- ~-. day of
II: {~:. MAl J 119~1,4 fM '87
between JOHN S. WAGSTAFF, MICHAEL A. SPIRTOS, GARY W. LYONS, SYD
SNAI~ and HENRY HENRIQUEZ, of Pinellas County, Florida, as Personal
Representatives of the Estate of LOUIS AL~XANDF~ VANBCH, a/k/a
CITY Of
LOUIS A. VANECH, Deceased, Party of the First Part, and
CLEARWATER, FLORIDA
, whose mailing address is: ~~ Box 4748,
C1earwiH:er, Florida 33518
, Party of the Second Part:
WIT N E SSE T H:
l~. 1:'81>111.0 71
..0
TOHL
1. 1 Hhi87
IJ.50
0.:':;0 CA~H
WHF,RE~S, by his Last will and Testament, the said LOOIS
A. VANECH did appoint JOHN S. WAGSTAFF, MICHAEL A. SPIRT05, GARY W.
LYONS, SYD SNAIR and HENRY HENRIQUEZ as Personal Representatives of
his Last Will and Testament; and
.<
"'
~.
CI
WHE~EAS, said Testator did die a resident of pine lias
~
County, Florida, on ~ugust 11, 1985; and
WHER8/:\S, on ~ugust 14, 1985, the Last \~ill and Testament
~ ~.:: I.
~,i'.:~of said decedent was duly admitted to probate in the Circuit Court
Yo : :- ,.,..;
1. <::~~. ~ for P inellas County I Flocida, probate Division, in Probate number
1 ~~. ~B5-5145-ES 003, and JOHN S. W~GSTAFF, mCHAEL A. SPlwrOS, GA.~Y N.
~ =t t ?-
t .t"'-LYONS, SYD SNAIR and HENRY HF.NRrQU"'.Z were appointed and qualified
c
~
:::
as Personal RepresentRtives of said estate;
NOW THIS INDENTURE WITNESSETH, That in pursuance of the
authority granted them by Court Order, and in consideration of the
sum of Ten Dollars and other valuable consid~rations to them in hand
paid by Party of the Second Part, receipt whereof is hereby
acknowledged, the said Party of the First Part, as the duly
~ualified and acting pergonal qe~resentatives aforesaid, do hereby
~
(\j
grant, bargain, sell and convey to the said Party of the Second
Part, tile tollo~Jing described prOlJerly sltuat.e in the County of
Pinellas, State of Florida:
Lot 2'4, Block A, al>.YSTlJE SUBIJIVISlON NO.5, and ripad~n
rights, according to Plat Book 38, page 38, public
records of pinellas County, Florida.
Subject to rest! ietions ,"nd easements of record and taxes
for 1987 and subject to the conditions in the attached
Exhibit "p.".
. c;6
)"-0
OocumlCf\Ury Tu Pd. S...:......u.....-
$.................... 101'''H;"I. Tu Pd.
1("\""0 f. ~~Jl<er. O.rk fIU.ell.. Couory
By~u.(.-.~..~.{:.k:.LA o.:pul)' a.,1
. ~ -UZl. '1fJ
11 CHG~
-~
"OR'ilC~.
~6 P~l~
Tolal -
./ .
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,) Cash 1l.Cho
40 Rae
41 DS
43 Int
Tot =---~'\\. \ -\
I
Attachment B
Page 10 of 12 Pages
SSLL No. 520345063
D.~. G,WO P~G~ 898
TO HAV~ ~ND TO HOLD the same unto the said Party of the
Second Part, their heirs and assigns, in as full and ample manner as
the same was possessed and enjoyed by the ~dld LOUIS A. VANECH in
his lifstime.
TN WI'l'NESS WHEREOF, the sa id Party of the Pirst Part, as
Personal Representatives aforesaid, has hereunto set their hands and
seals the day and year first above written.
Tn the ~esence of:
t"i ~\L '
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" . / I /"': / ( ! !/... " ~. I ::
(/:,1.-/ < ,;rH'/./ /SEALl
JOHN S. W~GS'l'AFF, pe~oral
Representative of thr ~state of
LOUIg A. VANECH, Deceased.
/, , I, ; " ~,/' - ( S EI'. L )
MICHA8L A. SPIRTOS, Personal
Representative of the Estate of
LOUTS A. VANECH, Deceased.
(SEAL)
~[I
. '. ;. . "':.- ,J
\;{(I.!':-'r: (/ ,t. ''/;.'(1-
\!"\ V ~-
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ersonal
ativ of the Estate of
VANECH, Deceased.
')..('" (
SYD, NAIR, Personal
Representative of the Estate of
LOUIS A. VANECH, Deceased.
<SEAL)
(SEAL)
HENRY HENRIQUEZ, Personal
Representative of the Estate of
LOUIS A. VANECH, Dece3sed.
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S'fATE OF FLORI D.l>.
COUNTY OF PINELLAS
BEFORE !-lE, the undersigned officer, duly authorized to take
acknowledgments and administer oaths, personally appeared, JOHN S.
WAGSTAFF, HICHAEL A. SPIRTOS, GARY IV. LYONS, SYD SNAIR and HENRY
HENRIQUEZ, to me known and known by me to be the persons described
in the foregoing instrument, and they acknowledged that they executed
the same as their free act and aeed for the purposes therein expressed.
\-lITNESS my hand and official seal at Clearw.ater, sal,',d,..~:.:c,!unty
and state, this ,"'j I!,~ day of . ,,,I ,.1987.
!-ly Commission Expires:
" ..; (. ( (( (' ( L 1/
Notary Public
',,' /
, ,( - "
",.
NOTARY pUelic S't A H OF flO~IO)
MY COMMISSION (X;>IlIS Jul Y 20 19H
&O/-lOEO THI.U GENt/AL I"SUltANa UND
...
-2-
Attachment B
Page I 1 of 12 Pages
SSLL No. 520345063
o,~, 6..190 p~G[ 889
EXHIBIT "p," TO DEED OF CmNEYANCE FRO~1
THE ESTATE OF LOUIS A. VANECH
TO THE CITY OF CLEARWATER
This pro~erty is nevertheless conveyed upon the
foLlowing conditions: the real property and improvements as may
be situate thereon from time to time shall in perpetuity be used
for a public purpose or purposes for the use, education and
benefit of the citizens of Clearwater, including, but not limited
to, a police substation involving customary police activities and
other programs provided through such an entity, including but not
limited to, public safety and information programs involving
crime prevention, child abuse, rape intervention, drug and
alcohol abuse, neighborhood crime watch, juvenile diversion, the
"Officer Friendly" program, and may not be sold, transferred or
conveyed, in whole Dr in part, directly or indirectly to any
entity or individual for a commercial enterprise or priv~te
ownership for any use whatsoever. This restriction does not
preclude the City of Clearwater from leasing space or sharing
space with other governmental, regulatory or municipal or
charitable bodies or entities, nor, aEter 20 years from the date
hereof, does it prevent the City from selling the property for
fair market value and paying the net proceeds received therefrom
to the other charitable beneficiaries of said estate, then in
existence, as the same have been, or were, determined in tne
probate court file in and Eor the Sixth Judicial Circuit fer
Pinellas County, Florida, Case No. 85-5l45-ES 003, payment to be
made on a prorata basis. ~s a further condition, the Grantee
.shall not raze the existing structure for a period of ten (101
years from the date hereof; provided, nevertheless, in the event
the structure is substantially destroyed, or becomes or is
rendered unsafe for occupation, through no fault of the Grantee,
within the said lO-year period provided, Grantee shall not be
obligated to rebuild the structure. As a further condition of
this grant, the said Grantee shall at all times maintain in good
condition a plaque or other visible evidence that the property
was donated by Louise A. Vanech and/or is used in memory of the
said Louis A. Vanech and the building shall be dedicated and.
known as the Louis A. Vanech Building or Center. In the event
the City of Clearwater should violate the terms and provisions of
this Deed or the Court Order approvin3 this transfer, then the
property, together with any and all improvements situate thereon,
shall thereupon immediately revert to the other charitable
beneficiaries of said estate, then in existence, as the same have
been, or were, determined in the probate court file in and for
the Sixth Judicial Circuit for pinellas County, Florida, Case No.
85-5145-ES 003.
Attachment B
Page 12 of 12 Pages
SSLL No. 520345063