SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE - BOT FILE NO 520345063 - 3 SLIP DOCKING FACILITYr �
�
This Instrument 1'repared By:
Tiana Brown
Recurring Revenue Section
Bureau oP Public Land Administration
39D0 Commonwaalth Boulevard
Mail Statian No, 125
Tallahassee, Florida 32399
K�N BURKE, CLERK OF CaURT
PINELU4S CDUNiY FLURIDA
INST# 2U70145550 05/26/2010 at 09:42 AM
OFF R�C BK: 16926 PG; 1407-1479
DoCType:AGM RECORDING: $112.00
BOARD OF TRUSTEES OF 7'HE INTERNAL IMPItOVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVERETGNTY SUBMERGED LANDS FEE WAIVED LEASE
BOT FILE NO. 520345063
PA N�. 52-0294534-001
THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvamant Trust Fund of the Stata of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: Thai' 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 Citv of Clearwater, Florida, hereinafter referred to as
the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Sections 1'1 ,
Township 29 South, Range 1 S East, in Clearwater 1-�arbar,
Pinellas County, containing 2 819 square feet, more nr 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 5 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:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip docki� facilitv with a boat lift
exclusivaly to be used for moorin of rescue vessels in conjunction with an upland fire and rescue station, without fueling
facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of
Environmencal Protection or State oF Florida Department of Health, whichever agency has jurisdictian, and without
liveabaards as defined in paragxaph 24, as shown and conditioned in Attachment A, and the State of Florida Departrnent of
Environmental Protection, Consolidated Environmental Resource Permit Na. 52-029�53�1-001, 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 campleted within the initial term hereoi or within the first 5 years of the initial term if the initial term is For a periad
greater than 5 years. The failure to complete the construction of all authorized structures within this time period shall
constituta a material breach of the lease causing the lease to automatically terminate upon the expiration of the iniCial term or
first 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining condiCions of this
lease.
[ 29 l
2. AGREEMENT TO �XT�NT OF US�: 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 af 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
regulatary permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permitJmodified permit, if applicable, and the I.essor's written authorization in the form of a modified lease,the payment of
additional fees, if applicable. Tf at any time during the lease term this lease no lon�er satisr�s the rec{uire►nents of
subparagraph 18-21.0] 1(1)(b)7., �'lorida Administrative Code, for a fee waived lease, the Lassee 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 authorizatian 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 leasa 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 ravenue 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. pitOPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use ther�of, and all title and interest to said land hereinbefore described is vested in the Lessor,
The Lessee is prohibited from including, ar 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 noC 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. INTER�ST IN RIAARIAN UPLAND PROPERTY: During the term of this lease, the i.essee shall maintain a
leasehold or fee simple title interest in tha riparian upland property and if such interest is tertninated, 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 sa 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. A5SIGNMENT OF LEAS�: 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 withaut prior written consent of the Lessor shall be null and void and without legal effect.
8. INDEMNIFICATTON/INVESTIGATION OF ALL CLAIMS: The Lessee shall invastigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage ariributable to the negligent acts or
omissions of that pariy 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 5ection 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 I.essar and Lessee shall be initiated and maintained only in Leon County, Florida.
Pag� 2 of 12 Pages
Sovereignty Submerged Lands Lease No. 520345063
10. NOTICES/COMALIANCE/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 I.essee fails or refuses to comply with the provisions and conditions herein set forth,
ar in the event the Lessee violates any oithe 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 oFreceipt of the Lessor's notice to correct, this lease
may be terminated 6y the Lessor upon thirty (30) days written notice to the I,essee. lf canceled, all of the above-described
parcel of land shall revert to the L,essor, All costs and attorneys' fees incurrad 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 474$
Clearwater, FI 33758
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 I,essee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvaments thereon, including any and all drainage ar 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 ILI,EGAL OPERA'fIONS: 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 specifed unless such proposed use and occupancy are
consented to by the Lessor and the lease is modiiied accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANC� OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a gaod state of repair in the interests of public haalth, 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 I.,essor or its designated agent at any raasonable time.
14. NON-DISCRCMINATION: 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 ta 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 responsibiliry of tha Lessee to post the placard in a manner which will
provida 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 thereofl, to notify the I.essor in writing, so that a replacement may be provided.
15. ENPORCEMENT OF PROVISTONS: 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. PERMI55TON GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page 3 of 12 E'ages
Sovereignty Submerged Lands Lease No. 520345063
17. RENEWAL PROVISIONS: Renewal af 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. 5uch applicatian for renewal must be received by Lessar no sooner than 12Q 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 I.essar 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 I,essce's successors in title or succcssors in
interest.
18. REMOVA�, OF STRUCTURES/ADMINISTRATIVE FTNES: If the Lessee does not removs 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 Lessar 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 I,essor 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 Che right to compel removal of all
structures and the right to impose administrative frnes.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal
of any structures and equipment constructed or maintained an state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the interest of the Lassee in the riparian upland property enforceable in summary
praceedings as pravided by law.
20. RECORDATION OF LEASE: The I..essee, 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 (1�3) days after receipt, and
shall provide to the Lessor within ten (10) days following the recardation 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 DICATION: 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 ar 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. �'ailure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination af 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 Lessar, 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 fortnal modifcation af 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/STGNS/NON-WATER DEPENDENT ACTIVITi�S/ADDITIONAL
AC7"TVITIES/MINOR STRUCTURAL REFAIRS: No permanent or temporary signs directed to the boating public
advertising the sala of alcoholic beverages shall be arected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. Tha Lessee shall ensure that no permanent, temporary or flaating structures,
fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted ovar savereignty
submerged lands without prior written consent from the Lessor. Na additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or aver
sovereignty, submerged lands without prior written consent from the I.essor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unautharized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 15-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the autharized structures in a good state of repair in the interests of pubNc health,
safety or welfare; provided, however, that such activities shall not exceed the activiCies authorized by this agreement.
Page 4 af 12 Pages
5overeignty Submerged Lands Lease No. 520345063
24. AC�E 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. COMPI.IANCE WTTH FI.ORIDA LAWS: On or in conjunction with the use of the leased premises, the I,essee
shall at all times comply with all Florida 5tatutes 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 °liveaboard" is defined as a vessel docked at the facility and inhabited by a person vr
persons for any five (5) consecutive days or a total of ten (1�) days within a thirty (30) day period. If liveabaards are
authorized by paragraph one (1) af 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 nowh�re," where
the ships leave and return to the state of Florida without an intarvening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to cany passengers to and from such
gambling cruise ships.
28. SPECIAC, 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 I,essee
agrees to place and maintain: (1) a 3-foot high railing alang the west side of most western 28 foot long pier, and along the east
side of the 22 foot long mast eastern pier, and (2) signs advising boaters that mooring either on a temporary or permanent basis
is prohibited.
B. Any vessel moored at the dacking 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.
Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and
Page 5 of 12 Pages
Sovereignty Submerged Lands Lease No. 520345063
WI ES; �
Original Signature
b� �. � BY
Print/'-f�✓t�e Natna of Witness „
Origit�al Si nature � �
���' I lX� f l n
Prin Name of Wifiess �
S'I"A"T'E OF FLORIDA
COUNTY OT� LEON
, ..t :,• .li !"r..y,
BOARD O'� "fRUSTEES OF THE Tl'��'�dtN.�.L ��` � `
IMPKOV�MLNT TRUST FUND,'O�;"�'HE S�ATE -,.'� ',;; ,= .
OF FLORIDA - °' (���-! -`7� -
_! '� J .
� ' * �`; (JCo�~ 1 .-_
r'-� `:9 ' � . ., r•Gl .�
Jeffery . Gen , perations and M�ri�agem `�Cons�4tan��'�
Manager, Bureau af Public T.and Adininisi`ratinn,. •--� .�•'
,,: ,
Division of State Lands, State ofFlorida�Dej�$rn�eti�'df ,'"
Enviranmental Protection, as agent for and on beha}f'of th� Board
of Trustees of the Internal Cmprovement Trust Fund of the Statc
of Florida
The foregoing instrument was acknowledged before me this
M. Gentrv Operations and Mana�ement Consultant ManaQer,
Lands, State of Plorida D�artment of Environmental Pri
Internal Improvement Trust Fund of the State of �'l�rida.
APPRO ED AS TO I�OR A1CID LEGALITY:
� -
DEP Attorney
WITNESSES:
Original Signature
Typed/Printed Name of Witness
Original 5ignature
Typed/Printed Name of Witness
STATE OF
COUNTY OF
"LESSOR"
day nf
Bureau of I'ubli�
�, 20�, by
�ecnon, as agent ror ana on venau oi �r�e rsoaru oi i rus�ees u� �nu
I�e is perso nown to me.
.
Notary Public, State of Florida
,,,,��, ,,
Printe � � ; �r $s� l�ne
r s�xplres M� 16� 878$g7
My .. n ���� y� , 2013
''���o
Commission/Serial Na
Citv �FClearwater, Florida __�AL)
E3Y:
Uriginal Signature af Executing Authority
C'rank V. ��ibbard
'I"yped/Printed Name of Executing Authority
Title of Executing Authority
"LESSE�"
`,
The foregoing instrument was acknowledged before me this ��_.,,� day of'_____\:� _ , 20 , by
Frank V. Hibbard as M�or, for and on behalf of Ciry of t:learwai�r, -� lorida. I ie is personally khown to me or who has produced
_, as identification. ''��
My Commission Expires: ____ __... - ._ .._ �'� ---:�
;.—
_.ry..._.. ,_-- -- -
_... . :._ _:;.:_ - .. _..,. _i�lota � Sign�ture `\
- --• -.. - - \
Notary Yublic, State of '
Commission/Serial No
Page 6 of 12 Pages
Sovereignty Submerged Land Lease No. 52U345063
Printed, Typed or Stamped Namc
Resolution No. 10-1 a
Board of Trustees of the Internal Improvement Trust Fund
of the State of �lorida
Sovereignty Submerged Lands Fee Waived Lease
No. 520345063
Countersigned:
CITY OF CLEARWAT�R, FL�ORIDA
���''� � By: �
Frank V. Hibbard William B. Horne II
Mayar City Manager
pr ved as to form:
.�
L.aura Mahony
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
hia E. Gaudeau
Clerk
�C�`�.� //.•��.��r,����,
� � ..c
� � Q
i��� � �
�y �� ��
' �'�� � . �C�'�
The f�regoing instrument was acknowledged before me this � day of
, 201v, by FRANK V. HIBBARD, Mayor of the City ofi Clearwater, who is
p anally known to me.
. � � ��
Print/Type Nam � i��� . .���t�
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
;�"y�;; DIAN� E MANNI
'�� ;'= MY �pMM1881CN � C1p95201a
•., � • EXPIRES M�rch 09, 2014
(407) 399.p163 Fbrlda 8ervl�a.�
`The foregoing instrument was acknawledged before me this ��' day of
!�SO t� � , 20 1�D, by WILLIAM B. HORNE II, City Manager of the City of Clearwat�r,
who is personally known to me.
�,-- —��` ,
Print/Type Nam�: � SANDRA HARi�G�R
NOtary PubIIC � n,rycor�iss�oNeonns69i
e��r�s: ��r �• zo�z
��TAkY
r�. r�a,.> k� "r°�, co-
Page 6b of 12 pag�s
Sovereignty Submerged l.ands Lease No. 520345063
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700 Bayway Blvd, Clearwater, FI 33767
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Attachment A
Page 7 of 12 Pages
SSLL No. 52034SOb3
_ i �----_�v+wr e�,e � _ -M...,..,.. � ^ �
���`-�. �r --__--� � .. _ � a;�,r,�n � �.
. . -s
�. __._---�� . j,
� Clearwal�r. �-._��_J�� J
LEGAL D�SCRIPTION:
���
��
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELI�AS COUNTY, FLORIDA
L�CATION MAP
(NOT TO SCALE)
UPLANp (PER CLIENT - FOR REFERENCE ONLY):
"LOT 24, BLOCK A, 6AY51DE SUBDIVISION N0. 5, ACCORDING TQ THE MAP OR PLAT THEREOF, AS RECORDEb IN PLAT BOOK 38, PAGE 38
OF 7HE PUBLIC RECORDS OF PINELLAS COUNTI', FLORIPA."
PROP05Ep SUBMERGED LAND LEASE-
A PARCEL OF LANfJ LYING WITHIN CLEARWATER HARBOR IN SECTION 17, TOWNSHIP Z9 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLpWS:
BEGIN A7 THE NQRTHEAST CORNER OF L�T 24, 6LOCK A, BAYSIQE SUBDIVISIQN N0. 5, AS PER MAP OR PLAT iHEREOF AS RECORDED IN
PLAT BQQK 38, PAGE 3$ OF TNE PU6LIC RECORDS OF PINELLAS COUNTY, FLQRIDA; THENCE ALONG THE NQR7HERLY BOUNDARY OF SAID
LOT 24 AND ALONG THE APPROXIMA7E MEAN MIGH WATER LINE OF CLEARWATER HARBOR ALONG l'HE ARC OF A CURVE CONCAVE
NORI"HERLY, SAIb CIJRVE HAVING A RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 02'S5'19", AN ARC LENGTH OF 51.00 FEET ANd A
CHORb BEARING AND DI5TANCE OF N73'36'12"W, 50.99 FEE7; THENCE LEAVING SAID NORTHERLY BQUNDARY AND APPROXIMATE MEAN
HIGH WATER LINE N16'39'18"E FOR 55.00 FEET; THENCE S73'36'1 z"E FOR 50.99 FEET; THENCE 516'39'18"W FQR 55.00 FEET 70 THE
POIN7 OF BEGINNING.
CONTAINING 2,$19 SQUARE FEET, MORE OR LESS.
CFRTIFIED TO:
60ARD pF 7RUSTEES OF 7HE INTERNAL IMPROVEMENT TRUST FUND
WQODS CONSULTING
SURVEYOR'S C�RTIFICATE:
I HERE6Y CERTIFY 1"HAT THE INFORMATION SHOWN HEREQN IS A TRUE REpRESENTA710N OF A SPECIFIC
PURPpSE 5URV�Y, PERFORMED UNbER MY DIRECT 5UPERVI510N AND MEETS THE INTENT OF THE MINIMUM
7ECHNICAL STANDARDS A5 5ET FORTH IN CNAPTER 61 G17-6, FLORIDA ADMINISTItATIVE CODE, pURSUANT
TO SECTIQN 472.027 FLORIDA STATUTES.
SLINRISE SURVEYING & MAPpING SERVICES LLC, LB NO. 7710
�� �7LAa��� �C,��c -��. DATE Q
CYNTHIA E. KNOPKA
PRQFESSIONAL LANp SURVEYOR NO. 6070
STATE OF FLORIDA
SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURV�Y - THIS IS NOT A FIELD SURV�Y.
S U N R I S E S U RV EYI N G& PR�POSED SUBMERGEp LAND LEASE
700 6AYWAY 60ULEVARD, CLEARWATER, FL
MAPPING SERVICES LLC PID:17/29/15/05004/001/D240
DRAWN pY: CEK DWC7 DATE: May 22, 2009
1 142 2Nd AVENUE S• ST PETERSBURG� rL 3371 5 ev: June 26, 2oos
PHpNE: 727.631.9754 • WEB: WWW.SUNRI5ESLIRVEYING.CpM APPROVED 8Y: CEK FIELD DATE: N/A
�-MAIL- SUNRISESURVEYINGC�?TAMPABAY.RR.COM FILE NAME: 09121-LL.pWG PAG�: 1 OF 2
Attachment A
Page 8 of l2 Pages
SSLL No. S20`b3
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FI�ORIDA
Th� F 5U �.VEY D�P��TEi� � ERE I� Nft��T ����RED
�Y P��FESSIt�i�AL L��4�ILNT1� iN�UR��i+��
� CL.EARWAT�R � �
o / HAR60R 2 �
zo� � o� o Zo� �XISTING �o Q �
PILING (lYp) � PROPOSED SU6MERGED = � /
° �.� / LANp LEASE fi Q/
� _ � AREA = 2,819 SF± � �o � �r
SCALE: 1'-- 20' �/ � ° U� �?
� � o ° ,J3s��2~ � . � ze /��
�
�/ � �'-�- � ^ s0. gg � r/ a� o
� � a
� ''��" ~ ~PROP05ED Q T5'
� . LIF'T
/ /''3.
ISTI o �, O
i � 4J UfT / �/% ��
/ �
/ �
� ISSI �
:'� 3' N LIFT � / 0.7•
/ �
1 .?' ��
�or z 3
��
��`E�r�����; .�.
APPROXIMATE MEAN
HIGH WATER LINE AT
FACE dF SEAWALL
- . - � - � ��E,,�,�. -
r • f�, ,.., ,�.
�: ,:;�'�e�
, a'` `.�
�-,..,,r
� �� 3 f� �!,�Y' � .�9<e��
},¢' � �:�.�45'• ^ ::ubp
y�ii��'{9'�q�� ��
.}��� • I, p�/
� P y,f� �� ,
. �
I
I
LOT 2�4
BLOCK A
BAYSIDE SUBDIVISION Np. 5
(PLAT BOOK 38, PAGE 38)
#700 BAYWAY BaULEVARD
PID:17/29/15/05004/001/0240
+i
3 PROPOSED
LEASE LINE AT
� RIPARIAN LINE
�
� ...'`_
POB
NE CORNER L07 24
L,AT: 27'S8�02.8„
LONG: 82`49'24.1 "
/ LOT 2 5
CURVE TABLE
CURVE DELTA RADIUS ARC LENG7H CHOR� BEARING CHORp L.ENGTH
C1 02'55'19" 1000.00' 51.Op' N 73'36'12" W. 50.99'
MAP NOTES: �.EGEN�
1. NORTH ORIENi"A710N SHOWN HEREON IS ASSUMEb. LAT LATITU�E -- SCALED
2. REPRODUCTI�NS OF TH15 SURVEY ARE NOT VALID UNLE55 EM6055ED WITH TME LB LICENSED BUSINESS
UNDER5IGNED SURVEYOR'S SEAL. LONG LONGITUDE — SCALED
3. PROPOSEb INFORMATIQN SHQWN HERE�N PER DESIGN PROVIDED BY WOODS CONSULTING. MWW MEAN HIGH WATER
4. NQ SMqRELINE VEGETATION WAS OBSERVED QN THE PROJECT SITE. f� PROPERTY LINE
S. SMORELINE 1000 FEET IN EITMER DIRECTION OF SIT� IS 100% SEAWALL. POB POINT OF BEGINNING
6. MHW LINE SHOWN HEREON 15 APPROXIMATE ONLY & 15 NOT INTENDED TO pEPICT THE SF SQUARE FEET
LEGAL BOUNDARY BETWEEN PRIVATE AND 5TATE LANDS. 7YP TYPICAL
7. TOTAL LINEAR FEET OF SHORELINE OWNED BY RIPARIAN UPLAND aWNER 15 60 FE�T±. � APPROXIMATE ONLY
SP�CIFIC PURF'OS� SURVEY - THIS IS NOT A BOUNDARY SIJRVEY - THIS 15 NOT A FIEL.D SURVEY.
S U N RI S E S U RV EYI N G& PROPQSED SUBMERGED LAND LEASE
700 BAYWAY BOULEVARD, CLEARWATER, FL
MAPPING SERVICES LLC P�o: »/z9�is�osoaa�oo��ozao
DRAWN BY: CEK DWG DA7E: May 22, 2oos
1142 2ND AVENUE S• 5T PETERSBURG, FL 33715 rev:June26
PMUNE: 727.631.y754 • WE6: N/WW.SUNRI5F'SURVtY1NG.COM APPROVED BY: CEK FIELb DA7E: N/A
E•MAII: SUNRISESURVEYING@TAMPABAY.RR.CdM FILE NAME: 09121-LL.DWG PAGE: 2 QF 2
Attachment A
Page 9 of 12 Pages
SSLL No. 5203450b3
�
�V
�
��r���r��s �. � .�.���,.�,, s�z
PERSONAL REpR�SF..NTATTVES' DEF.D
:�:�.���.�. �4r,:�•��
,f? • T.� - �-^'�:�.
�u.�:�.. ' ti'' •-' _'�
THTS Ti�E]EGNTURE, Made khis �t' '" dap o# ir; r� r• I�fAy � � 19� �� F� �aT
her�reen �OHN S. WAGSTAFF, MiCHAEL A. SPIRTOS� GARY W. i,YONS, SYD
SNAIR snd HENRY H�'NRIQiIC�,�, oF Pinel.las County, Florida, as Personel
Represenka�.ives of the Estate of LOIlIB ALFXAN�ER VAN6CH, afk/a
LOUTS A. VANFCH, D�ceas'ed, Party oE the Firsk Part, and CI'T'Y uF
CI,E�RWA'I`k�R, Cf.URIdA , whos� maili.ng address is: f'.r]. Bai; 4738,
Clzarwa�er, Ylorida 3]518 , Party aP the Secand Pa�k;
35 lsi8�^t1411 il l. lt�i�57
W i T N E S S E 7' H: TGiG� E�.50 GA:.'H
WFi�REAS, by his Last Will and Testament, the said LOGZ6
A. VANF.CH did appolnt JOHN S. WAGS'PAFP, MiCktA6[� A. 52IL�TOS. GP,RY W.
LYONS, SYD SNAIR and HrNRY HENRTQI]EZ as Fersanal Representatives of
his Last Will and T�stament; and
� WHFREA�,.said 'Cestator did die a resident oE C'inellas
County, Florida, pn August 11, 1J65; and
J
�.. WH'ERBAS� on August 14, 1995, kh? Last Will and T estam:�nt
� : = , .
4_E.:� of said decst�ent was duly admitted ro probate in the Circuit Court
4 L : : 1
"�.for Pinell�s County, F�.crids, Probate bivisien, in Erabate number
�,..�:-
�'��' c 85-51�5-E5 pa.3, and �OHN S. �^1AGSTAF'F, MICHAGL A. SPIR'POSR GARY W.
'C - 'Y
� : :
� � LYONS, SYD SNATR and HENRY HT?NRLQlTF;2 were appain�ed and qwalified
F
� as PeCS4na1 Represantatives �E sai8 estate;
�
� NqW Tt#I3 INDEN'CURC WITNF.SSE'fH, `Thak in pursuance of the
authority granh�d Lhem 6y Court qrder, and in consid�arakfan aF the
sum oE Ten �allars and other valuable con�id��rations to therm in hand
paid by Party pf the Sacond Part, r�ceint whereox i� hereby
acknawledged, kh� said parky oP Ghe First Park, as the duly
uualiEiea and acting Persorral �epresentetives afcresald, do hereby
grant, oargain, s�11 and canvey ta the said pr�rky,'of the Second
part, Cl�e f�+llowing described pra��erL•y siruake in khe Caunty v�
Pinellas, State aF Flarida:
Lok 2A� $iock A. BAY5I1]E SuBUIVIS[pN N�. 5, and rip�ri.�n
rights, accQrding to ?lat fl ook 38, page 3B, public
recards oE Pinellas County, Flocida,
5ubject ta restrictions and eas�m�nts oE r.eC�.Cd and taxe�
Epr 1hB7 and subjeCt to the cvnditians in the aktached
Fxhibit "A".
��
51 CNu �
d0 R@� c ,
4fi Po - . Z� (�
Total ,
' '. r
�� Cash 11_Cha ,
ao Fec
At bS �-�
q3 In! ��
Tn! _ �-.�t?.rL� I �
� ,
poeuinen�ary T�Y Pd. f...:.��.•..^�
5 .................... Inunylble Taa Pd.
Kadcen F. p���Mar. dcrk E��alla� Caunry
gys 4{�';`...�:�':i�c.0 �p��l' C1erY
Attachment B
Page l0 of 12 Pages
SSLL No. 520345063
�
1
�
N
0.�. ����D Pd�[ 938
TO HAVw AND TO fiOLD the same unko the said Party e.f the
Second Fart, their heirs and assigna, in a� Eull and amPle manner as
the sarne was possessed and enjoyeci �y Chm �ai�3 LpUI5 A. VANECH in
his lifptime.
iN WTTNESS WHFREQF, the said Party o� �he FLt'st Part, as
Personal RepKesentatives aforesaid, has ltpreunko s�t thair hands and
seals the day and year E�rse ahove wrikten.
in Che resence at:
��1 -� �
.Z
ti[['�//.i( �( �' //%!C•i�
. II
� �_ -1 , ,
-! i(�i• ,'/i. ( � (' `!�� f -
\ 1
4I
[.'f•:i(i. ;f..� ._,J; .
��� � 1f �'
, �_
, �,, , �.
:!�/:-s�� � � '-!'.•lS..
, �, `
i. _ .
J i
�'_:r�r . �:. �', ; ;,..:: �
S�AT� OF FL4RIDA
CQUNTY QE' PiNELLAS
`� 1 :
( ' �r i �...,�./ (SEAL)
JOHN'S. WAGSTAFF, Per o�ial
Reptesentakive nf th�rstate of
LDUIS A. VANECH, Deceased.
"i r (5EA4)
j, . r•. i r�� � �- -
MICktAFL A. SPTR'f05� ParsonaL
Representative oP rha Eskate oE
GOUTfi A. VANECH, Dece�spd.
� � (SEAL1
� . 0 5, er'sonal
Represen ariv of the Estake QE
GOtlIS A. VANECH, Decease�l.
.� =) (5EAL 1
SYD �IAIR, Personal
Rep[esentative �F the �state oF
LaUiS A. VANECH, deceased.
(SEAL1
HENRSP F[ENI�TQLJ�Z, Persanal
R�presenGative nE thE �atate oE
T,pUiS A. VANECH, peCessed.
BEFORE ME, tt�e undersigned officer, duly autharized to kake
acknowledgmants and administer aa�hs, p�rsanally appeared, JOHN, S.
WAGSTAPF, MICLaA�I, A. SPiRT�S, GRRY W. LY4N5, SYD SNAIR and fIENRY
HENRS(�UE2� td m�? known and known by rne to be the perspns des�ribed
in the forqgoing instrumenti, and th�y acknowledc��d that they execured
the same as their �ree act and deed for lhe purpases therein expressed.
WITN�S5 my hand and official seal at Clearwatet, sei�d':county
and state, �his �=7 r� d�y of ' ., ,, 1987. •- • .
� ' . ' . :
�i!/tr�ri�' l' ' •C- '
N1y Commission Expires: t3otary Puhlic - °.--�T�
i ,
�J0T;4RY OU6LIC iTATE OF FL00.10► • , •
MY COMMI551aN [I(91iE5 R1LY 20 59H1
Bpr+0E4 iHRU GENERnL IHSI1Wa.VC: UNV
Attachment B
Page 11 of 12 Pages
SSLL No. 5203_ 4�
_Z�
�.a.���iOPaCE 999
EXHIBIT "A" TO DEED OF C�lNEYANCE FROM
'Z'HE ESTATE QF LQUT5 A. VANECH
TO Tt1E CITY OF CLEARWATER
This �roperty is neverkheless eunveyed upon the
Eollowing vanditions: the real praperty and impravements as may
be situete khereon Eram time to time shall fn perpetuity be used
�ar a pu6lia pur�aose ar purposes for the use, education and
bene�it of the citiaens a� Clearwater, inctudLng, but not Limited
to, a police substakion l.nv�lving custamary police activities and
other prograins provided through such an entity, including but not
limited to, public saFeGy and information programs involving
crime preventfon, child abuse, cape fnterv�ntion, drug and
alcohol abuse, neighbocheod �rime watch, juvenile diversion, th�
"OfEicer Friendly" �rogcam, and may not be sold, transferred or
conveyed, in whole ar in p3rt, directly ac indirectly to any
entity or inciividual fdr a caaunercial enterprise or nrivate
ownexship Por any use whatsaever. This.rQskriction does nat
preclude khe City of Clearwater fram leasing space or sharing
s�ace with athar governmental, regulatary or mu�icipal or
charitahle bodles ar entiti�s, nar, after 20 ye�rs from the date
h�reoE, does it prevent the City from selling the property �ar
fair market value and paying the net praceeds received therefrom
to khe otber charitable benefi�iaries aE said eskat�, then in
exisrence, as tha same have been, or were, determined In khe
prabate caurt File in and Eor the 5ixth Judicial Circuit for
pinellas Caunty, L'larida, Case No. 85-5145-ES 003, payment to 6e
made on a prorata has3s. As a further condition, the Grankee
sha11 nc�� raze the existinq etructure �ar a period oE ten (1Ul
yeacs from the date hereof; prnvidecl. nevertheless, in th� event
the struC�ure is suhstantially destroyed, ar becomes or is
rendered unsafe Por occuaation, khrough no �ault oE the Grantee,
wi.thin the said LO-year period pcovided, Grantee shall not be
o6�igatec7 to rebuild the structure. As a Eurther condition o�
this grant, khe said Grantee shall at all tiines maintain in good
condition a plague ar oth�c visible evidence that the property
was donat?d by Louise A. Vanech and/or is used in memory of the
said Louis A. Vanech and the building shall 6e dedicated znd•
known as the Lpuis A. Vanech Building or Cantar. in the event
the City oE Clearwater shauld vialale the terms and provistons oE
this need or the Court Ordec approvin� this transfer, then khe
propezty. together wikh any and all improvements situate th2rean,
shall thereupon i��mediately revert to the athar ahartL•able
benePiciaries of said estate, then in existence, as the same have
been, or were, deker�ined in the pro6ate court Eile in and Eor
the Sixkh Judicial Circuit Eor Pi,nellas Caunty, Florida, C�se yo.
85--5195-ES Op3.
Attachment S
Page l2 of 12 Pages
SSLL No. 5203450G3