PARKING USE AGREEMENT 10-15-83 TO 10-14-88
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PARKING USE AGREEMENT
THIS AGREEMENT, dated this
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Id day of n tyev-e-#.J",. /713.
A. D, 1983, between the CITY OF CLEAR v\.". TEE. FLORIDA, a municipal
corporation, hereinafter called "City", and PACT. Inc" a Florida not-
for-profit corporation. hereinafter called "PACT";
WITNESSETH:
WHEREAS, the City owns certain real estate adjacent to the
Performing Arts Center and Theater of PACT within the Richard B.
Baumgardner Center for the Performing Arts, more fully described
herein; and
WHEREAS, the City has granted to PACT an easement for ingress
and egreas over the land described on Exhibit A, attached hereto, and
an easement for parking over the land described on Exhibit B, attached
hereto; and
WHEREAS, the City is constructing an entry road and parking lot
on said land, the cost of which has been financed by the issuance of its
Parking Revenue Bonds, Series 1983, in the face amount of $950,000; and
WHEREAS, PACT has agreed to pay to the City a sum equal to
the debt service on said bonds, together with the costs of operation of
that parking lot, so that it becomes self-supporting financially;
NOW, THEREFORE. in consideration of the mutual promises
herein contained and of the prior actions taken in reliance on the parties
prior agreements which are now to be reduced to writing, the parties hereto
agree as follows:
1. The City will operate and maintain as part of its parking system
parking lots located on the land described on Exhibit B, such operation and
maintenance to conform with standards utilized on other lots and as required
by parking bond ordinances presently in effect.
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2.
PACT lrees to pay to the City on or belre the tenth (10th) day
of each month during the term of this agreement, the sum of forty cents
($.40) per ticket sold for each event held at the Performing Arts Center
during the preceding month. Both parties agree that prior to October 1 of
each year the parking fee set forth herein shall be subject to reexamination
by the City to determine whether or not it is consistent with the way being
charged throughout the parking system. The City reserves the right as a
part of such reexamination to change or adjust such fee following each
annual reexamination, provided, however, that the fee shall not exceed the
amount necessary to raise funds sufficient to service the parking bonds and to
pay for the maintenance required of the City hereunder.
3. The term of this Parking Use Agreement
years commencing on the J~:day of _0_ d
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ending on the _ / t/=--_ day of
shall be for five (5)
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19~_, and
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agreement is executed thirty (30) days prior to the expiration of the term.
4. As one of its operating expenses, PACT will maintain the grounds,
plant material and landscaping located at the entranceway, around and within
the parking areas and adjoining the Performing Arts Theater building.
5, City agrees to pay the cost of electricity associated with the
parking lots and entranceway, such cost to be included as part of the
parking system expenses,
6. PACT agrees to maintain records of all tickets sold at the various
events to be held at the Theater and to make such records available for
auditing purposes by representatives of the City.
7, This agreement shall not be interpreted or applied so as to
create any conflict with any bond ordinance presently applicable to the
parking system. Should it be found that a conflict does exist, then the
provisions of the bond ordinance shall control.
8, Notice relating to any provisions of this agreement shall be sent to:
CITY: City Manager, City of Clearwater
PO Box 4748, Clearwater, FL 33518
PACT: Executive Director
PACT, Inc,
1111 McMullen Booth Rd.
Clearwater, FI. 33519
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9. Should PACT default in the performance of the payment obligation
and maintenance function set forth herein, then the City shall have the
right to require PACT to post a bond to cover future payn,ents.
10. This agreement constitutes the entire agreement between the
parties and shall be governed by the laws of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written,
CITY OF CLEARWATER, FLORIDA
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City Mai agb
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Attest:
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City Clerk
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By
WITNESSES:
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That certain piece, parcel, or tract of land lying in and being part of
the North 1/2 of Section 9, Township 29 South, Range 16 East, Pinellas
County, Florida, being set aside for use as a permanent ingress and
egress easement, with access roads being constructed within the boun-
daries thereof as described as follows:
From the center of said Section 9. N 000 07' 43" E, and along the
North-South centerline of said Section, a distance of' 54.0 feet for
a P.O.B.; thence N 890 21' 08" W, and parallel with the East-West
centerline of said Section, a distance of 374.4 feet; thence N 000
07' 43" E, and parallel with the North-South centerline of said
Section, a distance of 556.57 feet; thence N 890 18' 31" W, a
distance of 911.28 feet to the West right-of-way of State Road No.
593 and/or f1d'1ull en-Booth Road, a 100 foot ri ght-of-way, as now
established; ~hence N 000 07' 00" E, and along said right-of-way, a
distance of 60.0 feet to the Southwest corner of Kapok Manor
Condominium Village One, as recorded in Condominium Plat Book
22, pages 48 through 51 inclusive, Public Records of Pinellas
County, Florida; thence S 890 18' 31" E, a distance of 1586.49 feet;
thence S 000 07' 43" W, and parallel with the North-South centerline
of said Section 9, a distance of 616.06 feet; thence N 890 21' 08" W,
and parallel with the East-West centerline of said Section, a
distance of 300.8 feet to the P.O.B.
EXHIBIT A
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A parcel of land lying in the South 1/2 of the North 1/2 of Section 9, Township
29 SOClth, Range 16 Easl, Clean.-ater. Pinellas County, Florida, and being more
particularly described as follows:
BEGIN at the center of said Section 9; thence N 89021'08" W, along the East-
\.lest centerline of said Srction, also being the North boundary of DEL ORO
ESTATES, 'as, recorded in Plat Book 46, Page 29, of the Publ ic Records of
Pinellas County, Florida, for 695.52 feet to a point lying 640.00 feet East of
the centerline of Mc~lULLEt;-BOOTH ROAD (STATE ROAD 593); thence N 0007'00" E
"640.00' from and parallel with the centerline of said road, for 610,82 feet to
a point lying 60.00 feet South of the southerly boundary of KAPOK MANOR CDliGO-
MI NlUN VI LLAGE ONE, as recorded j n PI at Book 22, pages 48 through 51 of the
Public Records of Pinellas County,,'Florida; thence S 89018'31" E, 60.00 feet
from and parallel with said South boundary for' 321. 25 feet; thence
5 0007'43" W, for 556.57 feet; thence 5 89021'08" E, for 374.40 feet, to a
point on the North-South centerline of said Section 9; thence continue
S 89021'08" E, for 300.80 feet; thence N 0007'43" E, for 616.06 feet; thence
N 89018'31" W, for "300.80 feet to the North-South centerline of said Section;
thence N 0007'43" E along said North-South centerline for 550.00 feet; thence
589017'05" E and parallel with the North boundary of said South half of the
North half of said Section, for 290.00 feet; thence N 0007'43" E, for 50.00
feet; thence S 89017'05" E, for 17.02 feet; thence S 0007'43" W along a line
307.00' easterly from and parallel to the North-South centerline of said
Section, fOr 1269.94 feet to a point on the East-West centerline of said
Section, also being the Norlh boundary of DEL ORO GROVES," as recorded in Plat
Book 12. Page 2, of the PubHc Records of Pinellas County, Florida; thence
N 89021'08" W along said centerline for 307_02 feet to the POINT OF BEGINNING,
"and contains 9.33 acres, more or less.
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