JAPANESE GARDENS MOBILE ESTATES INC
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LEASE AGREEMENT
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'7'L( v THIS AGREEMENT made on this Z-4 day of ,J-<JIUVAej' , '
19n, between JAPANESE GARDENS r10BILE ESTATE'S-;-'IN~., 'a'-'- ..--
Florida corporation of Clearwater, pinellas County, Florida,
herein referred to as "Owner" and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, County of Pinellas, State
of Florida, herein referred to as "City", as follows:
WHEREAS, Owner owns in fee simple the following
described land lying and being situate in the County of
Pinellas, State of Florida, to-wit:
Start at the Northwest corner of Govt. Lot #1 &
Section 20, Township 29 South, Range 16 East, run
thence South 88057'02" East, 100.00 feet to the
East right of way line of u.S. 19 (S.R.55); thence
run South 00052'25" West, 485.53 feet along said
East right of way line, for the point of beginning;
thence run North 71008'53" East 187.19 feet; thence
run North 89048'l3" East, 368.64 feet; thence run
North 00052'25" East, 27.42 feet; thence run South
89007'35"East, 284.11 feet; thence run South
27001'08" East 439.89 feet, thence along a curve to
the left, having a radius of 265.0 feet, an arc of
122.82 feet, and a chord bearing of South 40017'48"
East, 121.73 feet; thence run South 53034'27"
East, 644.16 feet; thence run North 89007'35"
West, 51.59 feet; thence run North 53034'27" West,
602.2l feet; thence along a curve to the right'~~~~N~w~~~
having a radius of 295.00 feet, an arc of 136.'2
feet and a chord bearing of North 40017'48" West,
l35.51 feet; thence run North 2700l'08" West,
-365.30 feet; thence run North 89007'35" West,
292.50 feet; thence run North 00052'25" East, 32.55
feet; thence run South 89048'13" West, 365.35 feet;
thence run South 71008'~3" West, 191.08 feet; to
the East right of way line of u.S. 19 (S.R.55);
thence along said East right of way lien North
On052'25" East 21.24 feet to the point of beginning.
AND, WHEREAS, City is desirous of leasing Owner's
said land for the purpose of installing and maintaining a
storm drainage system therein for the benefit of Owner and
the City of Clearwater,
AND, WHEREAS, City will be securing the services of
a General Contractor to construct said drainage system,
NOW, THEREFORE, in consideration of th~ mutual pro-
mises herein contained and other good and valuable con-
sideration, the receipt of which is hereby acknowledged, it
is agreed as follows:
Section 1: Owner agrees to lease to the City of
Clearwater, the above-described property for a period of
eighteen (18) months from the date hereof, for the installa-
tion and maintenance of a storm drainage system, at the
expense of the City of Clearwater.
Section 2: The City covenants, promises and agrees to
construct such storm drainage system, pursuant to contract
with a licensed qualified Contractor (which contract shall
incorporate this Agreement), across the leased premises
hereinabove described, in compliance with the plans and spe-
cifications and contract documents prepared by the
Engineering Department of the City of Clearwater dated
December 20, 1978, which are incorporated herein as Exhibit A.
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DJW:ev 1/17/79 1293.RP
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Section 3: City agrees to require as a part of any
awarded contract that the contractor to whom the contract is
awarded, perform the above-noted construction pursuant to a
provision to be included in the awarded contract requiring
construction work to commence on or before 5 days after City
Engineer gives notice to proceed, but no later than l2/3l/ ,
1979 and pursuant to a further provision to be included in
the contract requiring work to be prosecuted dilgently and
continuously to com~letion with such work to be completed
within 75 days following commencement of the'work excepting
therefrom delays outside of Contractor's control caused by
Act of God or inclement weather rendering such work contrary
to proper construction standards.
Section 4: City agrees that it will require In
said contract an agreement from Contractor not to file or
otherwise assert or prosecute or suffer or permit mechanics
or materialmen's liens to be filed or continued against any
property of Owner for services performed or materials, machi-
nery and equipment furnished in connection- with the project
referred to in said contract by Contractor or by any sub-
contractor or materialman. In the event that any such liens
shall nevertheless be filed, City agrees to take promptly all
steps necessary and proper for the release and discharge of
such lien in the mariner provided by the law of the State of
Florida. On receipt of demand from Owner and in default of
performing such obligation, City agrees to reimburse Owner on
demand fOr all monies paid by Owner in releasing, satisfying
and discharging of such liens, including reasonable
attorneys' fees. City agrees to supply each contractor and
subcontractor with a copy of this provision and of Section 5
hereinbelow.
Section 5: On completion of all work and before
final payment of any balance due to said contractor,
Contractor shall produce and deliver to City and to Owner a
full and compl~te release of any claims of lien or otherwise
against Owner or said land from all persons who have fur-
nished materials or labor in conne~tion with the making of
the improvement contemplated thereunder and shall also exe-
cute any and all affidavits which owner may require cer-
tifying the lack of right of any party or parties whomsoever
to have or maintain a lien or liens on said improvement or
the land on which the same is situated, resulting from any
material furnished or labor done in connection with the
improvement. The completed work herein contracted for shall
be delivered free from any and all liens, claims or
encumbrances of every description whatsoever, and no such
claim or lien shall be filed by anyone against the improve-
ment or the land on which it is situated. City shall, prior
to said final payment, secure waivers executed by contractor
and any and all subcontractors, laborers, materialmen or
other persons to effectuate the provisions of this section.
Section 6. It is further agreed by the Owner and
City that no alterations or extra work differing in any way
from the plans and specifications hereinabove mentioned
shall be done without a written order from City approved by
Owner.
Section 7. City agrees that it will require in
said contract that the contractor indemnify Owner and provide
insurance for the benefit of owner in limits at least equal
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to benefits provided City in contract with Contractor,
against any and all loss, claims or suits, including costs
and reasonable attorney's fees, for or on account of injury
to or death of persons, damage to or destruction of property
belonging to either Owner or others occurring by reason of
the act or neglect of contractor, his subcontractors,
employees or agents, in connection with performance of the
contract between contractor and the City.
Section 8: It is the agreement of the parties
hereto that said system shall be installed ~ith a minimum
amount of disruption of the lifestyles of the residents on
Owner's property, and that any and all work performed on the
contemplated improvements shall be done in a reasonable
manner and at reasonable times. City agrees that it will
require in said contract that contractor keep the premises
clean from accumulation of waste material and rubbish and any
items not necessary for the work and at the completion of the
work, contractor shall remove all rubbish and materials not
required and shall leave the whole of the premises clean and
neat. City agrees, and said contract shall require, that the
job site and any other property of Owner affected by said
work be immediately restored, to the greatest extent
possible, to its original condition; said restoration
including, but not necessarily being limited to, sodding and
landscaping of excavated areas, sprinkler system, and
blending in appearance of drainage equipment with the
surrounding features of the property as fully as possible.
Under said contract, Contractor shall provide and maintain
all passageways, guards, fences and lights and other facili-
ties necessary for the ample protection of the workmen
employed about the site and of anyone else at or near the
site, including as required by law or public authority.
Under said contract, persons not directly connected with the
work shall be kept entirely away from the site during the
execution of the work.
Section 9: City agrees at all times following
completion of- construction of said system, to promptly and
efficiently maintain the drainage system contemplated by this
Agreement in good condition fully operable to adequately
handle all water flowing through the system for the period
then remaining on the lease term. It is the intent of the
owner to grant an additional lease to the City of Clearwater
when necessary to clear obstructions such as result in the
system ceasing to function and which are of such a nature as
could result in drainage to the property of Owner and
surrounding property owners by reason of the obstruction.
Section 10: It is covenanted by City that the
plans and specifications attached to this Agreement as
Exhibit A will provide a system estimated by engineering
standards to handle properly drainage arising f~om a 25 year
storm in and from all areas surrounding Owner's property from
which' water may flow over or through Owner's property and
that an enlarged system may not be provided without Owner's
consent.
Section 11: Time is of the essence of this
agreement and of all the provisions hereof.
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IN WITNESS WHEREOF. the parties hereto have caused
these presents to be executed on the day and year first above
written.
JAPANESE GARDENS MOBILE ESTATES, INC.
Attest: ~ Q ~.Yf~
(CORPORATE SEAL)
Attest: ~...:Jb-. Lft~'~
City Clerk
(CORPORATE SEAL)
B
I, Lucille Williams, duly appointed City Clerk of the
City of Clearwater, Florida, certify the foregoing to be a
true and correct copy of Lease Agreement between Japanese
Gardens Mobile Estates, Inc. and the City of Clearwater
accepted by the City Commission on the 15th day of February,
A.D. 1979.
Witness my hand and the seal of the City of Clearwater
this 3rd day of July, 1979.
oe. J,... L J~.~ ~
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City Clerk
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