SECOND MODIFICATION OF LEASE AGREEMENT
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County: Pinellas
Section: 15570..-2603
State Road: S-595-A
Parcel No.: 271 (part)
Item/Segment No.: 2581191
Managing District: Seven
SECOND MODIFICATION OF LEASE AGREEMENT
THAT CERTAIN LEASE AGREEMENT DATED JANUARY 19, 1976, between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, LESSOR, hereinafter called the "DEPARTMENT", whose address is 11201
North McKinley Drive, Tampa, Florida 33612-6456 to CITY OF CLEARWATER, 112 S. Osceola Avenue, Clearwater,
Florida 33756, LESSEE, hereinafter called the "CITY" is this day modified.
THE ORIGINAL LEASE IS PRIMARY AND REMAINS IN FULL FORCE AND EFFECT. A copy ofthe
Original Lease is attached with its original Attachment, marked Exhibit A, and Lease Modification dated January 28,
1986 with Exhibit 1, and is made a part of the this Second Modification of Lease Agreement, for reference.
THE PARTIES AGREE AS FOLLOWS:
The land area is modified and is legally described in Exhibit "B", attached hereto.
(See Exhibit "B" attached hereto and made a part hereof)
All the provisions of the Original Lease and Lease Modification dated January 28, 1986, apply and. are not
affected by this Modification except as specifically stated herein.
County: Pinellas
Section: 15570-2603
State Road: S-595-A
Parcel No.: 271 (part)
Item/Segment No.: 2581191
Managing District: Seven
This Second Lease Modification shall bind the successors and assigns of the respective parties.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By f)MJI ~ lkiIa-
Donald J. Sk ton, P .E. ....
j;:ct Seven S~~.. ..'
Attest:<~(Ut0/rYc..;~
Executive Secretary
Countersigned:
CITY OF CLEARWATER, FLORIDA
-~
auk Hibbard
Mayor ~eRBnis8MI\'lt
~11Jt-.~" <;6~ tJ
William B. Horne II
City Manager
Attest:
L~
Assistant City Attorney
C t 'a E. Goudeau
City lerk
H:\PMlSURPLUSlLEASEMOD-271-CL WI'R.doc
EXHIBIT "A"
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STATE ROAD:
PARCEL:
Pin e l1.a s
15570-2603
S-S9S-A
Part Parcel
Number
.,
LEASE AGREEMENT
THIS AGREEMENT, made' this L~day of
19 p, by and bet\Veen the STATE OF FLORIDA DEPARTI,Z{ T OF TRANS/ ORTAT Ie
hereinafter called the "Department", and CITY OF CLEARWATER, FLORIDA,
hereinafter called the "City";
WIT N E SSE T_ H
WHEREAS, the City is prepared to utilize certain Department
lands for public park purposes \'.'ithout thereby interfering h'ith the
necus of the Department in connection ,.:ith said lands.
NO\~, THEREFORE I in considera t1 on of the premises and the
covenants contained herein the parties agree as follows:
1. The DepartJnent leases to the City, far use as a public
p [n' k, the 1 (l n cl s des C l' i bed in Ex 11 i bit " A", a t t a c h e d her e to an c1 III ad e
a part hereof.
2. The lease term shall be for 99 years beginning with
the elate of execution herc(){, suLj eet to the right of each party to
t e nn in ate t his a g r c e In e II t up (l n 3 0 day s not ice.
3. The Department rescrv(~s the right to use the leased
lands as a water retentioll area and to overflow said lands and store
\Vater thereon to the extcllt deemed necessary or desirable by the
Department.
4. The City will maintain the leased lands, the parties
r~c0gTIi7in~ th~t the benefit 8CCTUin2 ~o thR Dpr8rtm~n~ ~y rp~5nn n~
such- JIlaintenan-ce is--greater than the economic rent obtainable for the
leasehold interest created by this agreeJllen~.
s. The City agrees to indemnify, defend, save, and hold
h~~JIlless the Department from all claims, demands, liabilities,
1
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of any il<:1tLlle ivhats0tY8f arising ou't of, because of " or uue to the
breach of thi 5 agreement by it, its subcon tr ac tors, age11 t5, or
employees, or due to any act or occurrence of omission or COITlllllSS10n
of the City, its su~cantractors, agents, or employees.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
WITNESSES:
tY~"I:ll\;U' <:" ,', ," t.;
Fi~.L"1.{"UPj\ !:!'-.f."'j":":"'!'~"l J!"J "F ~"t
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OF FLORIDA DEPARTMENT OF
RTATION
~ (SEAL
Secretary
CITY
FLORIDA
BY:
TI
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ATTEST:
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EXHIBIT "A"
Section 15570-2603
State Road S-595-A
Pine1las County
Part Parcel Number 271,1
That certain tract of land lying and being in Section 22, Township
29 South, Range 15 East; described as fol1ol^/s: Cegin at the nort.h-
west corner of Lot 57 (no block given) according to map of replat
of Third Addition to Salls Subdivision, as recorded in Pli.it Book,
36, pa~le 31. Pinellas County reCOl';]s, for a point of bcginningj
and ll'o;n the l~oint of beginning thll~'; established run thence \'!<:!sterly
alol'iQ tI':,~ east Gild '.Iest centerlin~ of SecUon) n, TOI'!I1ship 29 South,
H(Jn~Je l~) Fast, to Uil~ east. bcumL:\l'Y of Lot 10 in Block "A" of
Second t'\,;dit.'ion to S21l1s Subdi\'i,'~'ion as ,recOl'dcd 'in Plat Book 35,
pil~F G, Piriclll1s C!iunty reconJs, nm thence sOltth.il"l,y along the east
bOuil:LJr/ of L:.lod "i:,," of s,lic! SecOl~d (l,ddition te) Salls Subdivision
to t!-,c It()i-th\'ii~~:,i:. ccn!(~r of Lot 'I inSiock "[)" of said Second
,'\IJdit'~n!1 'u,'~:\nS S!ilj(iivisiDn; r\ln th::ncE e~,st.(:r'ly (11ong t.he north
bOi,InC::~,/ c:f l:>',',!, "fji' of said Second f,c\d'ition to Sll'\s S'Jbdivision
to th,-, !:i!,:,;: l'ii;(;: \Jf Let (A of sdh: \'::'!Jldt of Third f\ddition to
~'lJn:; ')'_:!.>:;;....~~;-ifJn; 1':)(1 ther:cf:: 1::Jrtil to the nortlr..;est corner of
Lot, :,f~' or ::::-1(\ l"ei)),\t of Third {I,dd'jt-jon to sans Subdivision; nm
"'I"{.',:-,,:, l.:;:.~,':;..t"!" ;':'\ '\'\.o ('oIJth",~,,-t', '-'{'ll"I''''~ 01~ la!' r:,',~ rJf' <":>l'd rr'!J'lc'I'''1..
LI.I,.......~.,\I...__l._ I~ ..\... ..11.....0.-1 I......) \....... I... ....,....\J.....:)u - .....
of '11!'!cel .t','~',1;i;Gll l;l Salls S'.1~)di,\'ision; run thEnce northerly to
t.l:c~ C:, t;\'~ll i ~,1-:,'(: fllJi nt of be's i nni 1'19,
L e :~ ~.;) l; n (~ C :'j: C .::_~: r~ t :
for;~';-~rly Lots 'i02, II):) i..riel '10'1 c,i"Udot'ado Subdivision, in Section
2?, '1,:r,;li:,;!dp ;":J So.:th, Ranq'-, 15 E'l~)L, as pel' plat thereof recor'dcd
-I it FI d t Eo 0 kl :'1 > iJ ,) 'J e (. 6. Pub 1 i c !~;~ c c~ r d S 0 f Pin c 11 i):; C f)'J n t y, F 1 0 l' i d (J,
b2i I:q descri k',;j a:,; frJllo\'Js: Bcqi Ii ;;t the SE COrIlE'l' of Lot 4,
010':':\: .''o, S(:cc.'I1,:1 r,ddit-Ion to Si.lll~; Sulldivision,in Side! Section 22,
as rcr p 1 at thCl'C;of recorded in Pl2t book 3S, pagr? 6, Pub 1 i c Records
of PinclL15 C(j~JJ1t.Y, Florida, }'un th~:i1c(; East 20 feet, thcnc~ NOt,th
138 fC2t, the West 20 feet, thence South 138 feet to the Point of
Beg i rlll i 1'10 )
Containing 437,550 square feet or 10.047 acre, more or less.
STATE OF FLORID;.\, DEPMffMENT OF TRANSPORTATIOf
F,IGt--Jl' Or- VIA Y 13l.}f~ EAU
OESCHIPTIQN API~kOVED j/n
COUNTY
SECTION/JOB
S'I'A'I'E ROAD
PARCELS
Piriellas
15570-2603
S-595-A
271 & 274
MODIFICATION OF LEASE AGREEMENT
THAT CERTAIN LEASE AGREEMENT DATED JANUARY 19, 1976,
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, LESSOR,
hereinafter called the "DEPARTMENT", and the CITY OF CLEARWATER,
FLORIDA, LESSEE, hereinafter called the "CITY" is this day
modified.
THE ORIGINAL LEASE IS PRIMARY AND REMAINS IN FULL FORCE
AND EFFECT. A copy of the Original Lease is attached with its
Original Attachments, marked Exhibits A, B, C, D, E, F, and is
made a part of this Modification of Lease Agreement, for reference.
THE PARTIES AGREE AS FOLLOWS:
1. The land area is increased to include that
legally described in Exhibit "1", attached h~reto.
The "CITY" accepts maintenance and liability
responsibilities for this additional property.
2. The right of each party to terminate this
Agreement upon "30 Days Notice", is extended to
a term of "One Year Notice".
3. The "CITY" may erect a free standing tJ:"ansmitter
antenna, and a transmitter building. The height of
the antenna (approximately 300 feet) will have a
30 ft. x 30 ft. base. The building dimension to be
approximately 20 ft. x 20 ft.. The location of the
antenna on this property to be longitude 82047'13"
West and latitude 27056'42" North.
Structures shall
not interfere with drainage and water retention use
and purpose of this property, nor the public park use.
4. In the event of termination by either party prior
to the expiration of the term of the lease, the
CITY may remove, at its expense, the transmitter
antenna, related equipment and all fixtures
installed by the CITY.
Page 1 of 2
The "CITY" to indemnify, defend, save, and hold.
harmless the "DEPARTMENT" from all claims, demands, liabilities
and suits of any nature whatsoever nrising out of, because of,
or due to the construction of these structures, or the use and
maintenance of same, now and in the future.
All provisions of the Original Lease apply and, are not
affected by this Modification, except as specifically stated
herein.
IN WITNESS WHEREOF, the parties hereto have caused these
1986
~
eH - day of r
1
presents to be executed, this
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WITNESSES:
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Title: City
RWATER,... FFt~ a.lrI~::.:"";,1:"
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CIO un -S~)?fil gned :
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;;t)7;};~) ?-71
Mayor-Commissioner
CITY O;f\ CLE
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By :~t'^-
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ATTEST: r u, ~ 2.. A J)", ~
Title: ~~lerk
_< Seal)
Approved as to Form
and Correctness:
~OVed: dJ;..
;1 [jj~d1tf'l
Attorney . 0.0.1:-
Page 2 of 2
EXHIBIT "1"
1. s. N/A, M. S. 16
SECTION 15570-2603
DESCRIPTION OF PROPERTY TO BE CONVEYED
PARCEL 271.1(Part) & 274.1
PARCEL 271.1(Part)
Those portions of formerly Lots 102, 103 & 104 of Eldorado Subdivision, in
Section 22, Township 29 South, Range 15 East, as per plat thereof recorded
in Plat Book 14, Page 66, Public Records of Pinellas County, Florida.
Being described as follows:
Begin at the Southeast corner of Lot 4, Block A, Second Addition to Salls
Subdivision, in said Section 22, as per plat thereof recorded in Plat Book
35, Page 6, Public Records of Pinellas County, Florida; thence North 138.00
feet along the East boundary of said Second Addition to Salls Subdivision
to the Northeast corner of Lot 5, said Block A; thence East 20.00 feet
along the prolongation of the North boundary of said Lot 5; thence South
138.00 feet parallel to said East boundary; thence West 20.00 feet to the
point of beginning.
Containing 2760 square feet, more or less.
ALSO
PARCEL 274.1
All of Lot 57, Replat to the Third Addition Salls Subdivision in Section
22, Township 29 South, Range 15 East, as per plat thereof recorded in Plat
Book 36, Page 31. Public Records of Pinellas County, Florida.
Containing 0.197 acre, more or less.
"This conveyance is made subject to all utilities ih place and in use, and
to the maintenance thereof."
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EXHI BIT B
iWPI-Si 2581191
DESCRIPTION
59S-A
PINELLAS
COUNTY
STATE
ROAD
PART OF EXISTING PARCEL 271
SECTION 15570-2603
LEASE AREA
Part of Parcel 271, Florida Department of Transportation Project -
Section 15570-2603, conveyed by instrument recorded in Official Record
Book 3877, Page 754 of the Public Records of Pinellas County, Florida,
described as follows:
"That certain tract of land lying and being in Section 22, Township 29
South, Range 15 East; described as follows: Begin at the Northwest
corner of Lot 57 (No block given) according to map of replat of Third
Addition to Salls Subdivision, as recorded in Plat Book 36, page 31,
Pinellas County Records, for a point of beginning; and from the point
of beginning thus established run thence Westerly along the East and
West center line of Section 22, Township 29 South, Range 15 East to
the East boundary of Lot 10 in Block "A" of Second Addition to Salls
Subdivision as recorded in Plat Book 35, page 6, Pinellas County
records, run thence Southerly along the East boundary of Block "A" of
said Second Addition to Salls Subdivision to the Northwest corner of
Lot 1 in Block "B" of said Second Addition to Salls Subdivision; run
thence Easterly along the North boundary of said Block "B" of said
Second Addition to Salls Subdivision to the West line of Lot 64 of
said replat of Third Addition to Salls Subdivision; run thence North
to the Northwest corner of Lot 59 of said Re-plat of Third Addition to
Salls Subdivision; run thence Westerly to the SW corner of Lot 58 of
said re-plat of Third Addition to Salls Subdivision; run thence
Northerly to the established point of beginning.
LESS AND EXCEPT:
That portion of Lots 102, 103, and 104 of Eldorado, a subdivision
recorded in Plat Book 14, page 66, of the Public Records of Pinellas
county, Florida, lying in section 22, Township 29 South, Range 15
East, conveyed by instrument recorded in Official Record Book 6275,
page 1880, of the Public Records of said Pinellas county, described as
follows:
"Begin at the Southeast corner of Lot 4, Block A, Second Addition to
Salls Subdivision, in said Section 22, as per plat thereof recorded in
Plat Book 35, Page 6, Public Records of Pinellas county, Florida;
thence North 138.00 feet along the East boundary of said Second
Addition to Salls Subdivision to the Northeast corner of Lot 5, said
Block A; thence East 20.00 feet along the prolongation of the North
EXHIBIT "B"
Comment [k1]: Written by lAH,
12121/05. Verified description with no
revisions orcommem. MAW, 12121/05
boundary of said Lot 5; thence South 138.00 feet parallel to said East
boundary; thence West 20.00 feet to the point of beginning."
ALSO LESS AND EXCEPT:
Part of Parcel 271, Florida Department of Transportation project -
Section 15570-2603, as per deed recorded in Official Record Book 3877,
Page 754 of the Public Records of Pinellas County, Florida, lying in
the Northwest 1/4 of the Southeast 1/4 of Section 22, Township 29
South, Range 15 East, Pinellas County, Florida; described as follows:
Commence at the Northwest Corner of the Southeast 1/4 of Section 22,
Township 29 South, Range 15 East, Pinellas County, Florida; thence
along the east - west centerline of said Section 22, S 89011' 22" E,
165.00 feet to the Northwest Corner of Parcel 271 , Florida
Department of Transportation Section 15570-2603, per deed recorded in
Official Record Book 3877, Page 754 of the Public Records of pinellas
County, Florida; thence continue along said east - west centerline,
S 89011'22" E, 662.13 feet; thence S 13042'32" W, 21.56 feet; thence
S 75016'06" W, 19.36 feet; thence N 88045'23" W, 290.83 feet; thence
S 88030'22" W, 140.04 feet; thence N 85056'15" W, 25.16 feet; thence
N 77059'30" W, 28.40 feet; thence N 79011'59" W, 42.71 feet; thence
S 80036'00" W, 51.18 feet to a non-tangent curve; thence 135.26 feet
along the arc of said curve concave to the east, having a radius of
85.98 feet, a central angle of 90007' 52" and subtended by a chord
bearing S 6049'18" W, 121.74 feet; thence S 45003'00" E, 139.28 feet;
to the POINT OF BEGINNING; thence N 33016'09" E, 49.98 feet; thence
S 41014'36" E, 65.17 feet; thence S 39050'07" W, 88.62 feet; thence
N 50048'08" W, 52.95 feet; thence N 33016'09" E, 49.98 feet to the
POINT OF BEGINNING.
Containing 432,065 square feet or 9.92 acres, more or less.
DESCRIPTION APROVED
Ol/03/06-NSL
EXHIBIT "B"