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SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE - 520351083This Instrument Prepared By: Amy Horton 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. 520351083 PA NO. 52-0331344-001 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 Section 08, Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing 2,463 square feet, more or less, as is more particularly described and shown on Attachment A, dated January 21, 2015. TO HAVE THE USE OF the hereinabove described premises for a period of five years from July 10, 2015, 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 construct and operate a pubic observation pier to be used exclusively for passive recreation in conjunction with an upland municipal right -of -way, without fueling facilities, without a sewage pumpout facility, and without liveaboards as defined in paragraph 27 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Environmental Resource Permit No. 52- 0331344 -001, dated May 26, 2015, 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 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining conditions of this lease. [02/29] 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 Environmental Resource Permit. The Lessee shall not (i) 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.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18- 21.011(1)(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. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18- 21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. 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. 5. 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. 6. 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. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18- 21.004(3Xb), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and 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. Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 8. 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. 9. INDEMNIFICATION /INVESTIGATION 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. 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 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 Attn: Leroy Chin, Project Manager P. O. Box 4748 Clearwater, Florida 33756 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 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. 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. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 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 the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. 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 Lessee's interest in the riparian upland property more particularly described in Attachment B, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the 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 10 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: Subject to the noticing provisions of Paragraph 18 of this lease, 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 Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. 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. 21. 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. 22. ADVERTISEMENT /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 4 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE 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. 24. 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. 25. LIVEABOARDS: The term "liveaboard" 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 of ten (10) days within a thirty (30) day period. If liveaboards 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. 26. 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 CONDTION: Within 60 days of construction completion, the Lessee shall provide the Lessor with photographs documenting that the Lessee has performed all public interest activities described in the State of Florida Department of Environmental Protection Environmental Resource Permit No. 52- 0331344 -001, Specific Condition No. 22. Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: Original Signature Prin i' yp ame of Witness Print/Type Nam of Witness STATE OF FLORIDA COUNTY OF LEON BY: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FL Dmees,t( (SEAL) Cheryl C. McCal hief, 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 "LESSOR" The foregoing instrument was acknowledged before me this ' day of h-L V T 1 be-te 20 t5". by Cheryl C. McCall, Chief, 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 T , ees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPR r VED SUBJE TO PROPER EXECUTION: A-- (r (7115 - DEP ttorne Date Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 Public, State od'Florida Printed, Typed or Sta My Commission Exp Commission/Serial N . KA ' .?`'ar pie L Notary Public - State of Florida 4.5..: . Commission I FF 917725 ,,�, ,,41 My Comm. Expires Nov 27r, 2019 ' P;,;X Bonded through 143001131 143001131 v27 SSES: Signature Typed/Printed Name of Wi ' ss 0.---ateUre Original Signature cv Sa.n ce1as r Typed/Printed Name of Witness STATE OF f' l or j �t COUNTY OF Pr ietcl las City of Clearwater, Florida (SEAL) BY: CtV3r r\ct (>405 Original Signature of Executing Authority George N. Cretekos Typed/Printed Name of Executing Authority Mayor Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this 0111 day of 0C 'r' , 20 15 , by George N. Cretekos as Mayor, for and on behalf of City of Clearwater, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 7 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 Scott Burrows 64993 EXPIRES: October 1, 2018 WWW.AARONNOTARY.COM Countersigned: George N. Cretekos Mayor Approved as t; form: irf ew M.ri mith Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: .v� 8, tt William B. Horne, II City Manager Attest: ,r,LatncelAtt.. Caere. Rosemarie Call City Clerk SUBMERGED LAND LEASE SURVEY (THIS 1S A FIELD SURVEY) CERTIFIED TO: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA. CITY OF CLEARWATER, FLORIDA NOTES: THIS SURVEY WAS PREPARED FOR: CITY OF CLEARWATER SHOREUNE VEGETATION: NONE — SEAWALL SEC.08 , TWP. 295., RNG. 15E. PMELLAS COUNTY, FLORIDA LOCATION MAP NOT TO SCALE anPLOt En 'Momenta' PrOtQa JAN 262c soimmwmwM, POINT OF BEGINNING COORDINATES: — 82'49'30.88" W, 27'58'47.95N N (NAD83 /ADJJSTMENT 1999) COORDINATES WERE COMPUTED FROM STATE PLANE COORDINATES. THE CONTROLS UTIUZED TO ESTABLISH SAID DATUM WERE "H -02" AND "G -03", CITY OF CLEARWATER BENCHMARKS. UPLAND STRUCTURES — NONE, PUBUC STREET RIGHT OF WAY, OVER WATER STRUCTURE: PROPOSED OBSERVATION PIER — 1851.5 SQ. FT. PROPOSED LEASE AREA 2463.4 SQ. FT. (0.057 ACRES) ADJOINERS NOT FURNISHED SHORELINE LENGTH: APPROXIMATELY 40 FEET OF CONCRETE SEAWALL SHOREUNE CONDITION: SOUTHERLY OF PROJECT: 1000' CONCRETE SEAWALL AND DOCKS NORTHERLY OF PROJECT: 1000' CONCRETE SEAWALL AND DOCKS MEAN HIGH WATER ELEVATION = 0.62 FEET NAVD 88 (APPROX.), ACCORDING TO MEAN HIGH WATER SURVEY PROCEDURAL APPROVAL FORM, DATED 9/18/2014. ELEVATION STATEMENT: THIS IS TO CERTIFY THAT WE HAVE OBTAINED ELEVATIONS SHOWN HEREON, OF THE ABOVE DESCRIBED LAND. THESE ELEVATIONS ARE BASED ON CITY OF CLEARWATER BENCHMARKS: "H -02, WITH AN ELEVATION OF 5.21 FEET, AND "G -03 ", WITH AN ELEVATION OF 4.75 FEET, NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). SEE SHEET 2 OF 4 FOR EXISTING SHORELINE CONDITIONS. SEE SHEET 3 OF 4 FOR PARCEL DESCRIPTION. SEE SHEET 4 OF 4 FOR BOUNDARY DETAILS. THIS REPORT IS FUU. AND GdtP.ETE IRTHIOUT THE ATTACHED MAP • T AND ALL AOODIPANYING SHEETS. DEUEL ASSOCIATES CONSULTING ENGINEERS ' ,LAND SURVEYORS LAND PLANNERS 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 PH 727.822.4151 FAX 727.821.7255 W W WAEUELENGINEERING.COM CERfF1CATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUT. ER 107 I. JAMES R. MoMATM. THE SURVEYOR IN RESPONSIBLE CHARGE, CERTIFY THAT THE SKETCH REP 4TM HERE/N. WAS MADE UNDER MY SUPERVISION AND SUBMERGED ' I LEASE SURVEY M TECHNICAL STANDARDS SET FORTH BOARD OAF LAND AND TAO SESEC ION 472.027 PAPAY, STREET OF THE FLORIDA STATUTES AS PRESCRIBED IN CHAPTER 5J- 17.50 DEPARTMENT OF AGRICIR_TURE AND CONSUMER SERVICES. THIS DOCUMENT IS NOT VALID WRHour THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FIGRIDA LICENSED SURVEYOR AND MAPPER. CLEARNAIER FLORIDA N0. 1 CF 4 Jon 21, 2015 — 4aipm X: \CAD PnojectaVnajects\2012\2012-189 SR OD CAUSEWAY PMKING LOT\/ cad \SuvAwA2013- 1118SLE PAPA Attachment A Page 8 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 SUBMERGED LAND LEASE SURVEY (THIS IS A FIELD SURVEY) LOT 12, BLOCK C PB 21, PG 21 PAPAYA STREET z 0 _ 0 EL= 0 0 z0 J O it 6 o I x \ FOUKI CHISLED"X" N89'19'51'W(F) 0.70'(F) 40' RIGHT OF WAY LOT 1, BLOCK C PB 23, PG 45 FN&D N89'14'13'W(F) 0.61'(F) 0) 00 ' 0 \ W 0 SEC.08 , TRIP. 29S., RNG. 15E. PINELLAS COUNTY, UREA 30' SCAM r 30' SHORELINE CONDITIONS SEE SHEET 1 OF 4 FOR SURVEYORS REPORT. SEE SHEET 3 OF 4 FOR PARCEL DESCRIPTION. SEE SHEET 4 OF 4 FOR BOUNDARY DETAILS. THIS SURVEY IS NOT FU U. AND COMPLETE WITHOUT THE ATTACHED REPORT AND ALL AAOOIMANYNI9 SHEETS. DEUEL, CONSULTING ENGINEERS 565 SOUTH HERCULES AVENUE SSOCIATES Fs 727.22.4111N FAX 727821.725 CLEARWATER. FL 33764 CERTIFICATE OF AUTHORIZATION NUMBER 26320 0SURVEYORS LAND PLANNERS LICENSED BUSINESS NUMBER 107 1. JAMES R. MoPA1H. THE SURVEYOR IN RESPONSEILE CHARGE. CERTIFY THAT THE SURVEY REPRESDRED HEREON. WAS MADE UNDER MY SUPERVISION AND MEETS THE MINMUM TECHNICAL STANDARDS SET FORM BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS. PURSUANT TO SECTION 472 .027 OF THE FLORIDA STATUTES AS RESORBED IN CHAPTER 5J -17.50 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. THIS DOCUJDR E NOT VAJD WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR MD MAPPER. SUBMERGED LAND LEASE SURVEY PAPAYA STREET WORK ORDER42013 -1E8 DATE 10/02,/2014 DRAMt INC i fW SCALE 1'-30' CLEARWATER FLORDA SHEET NO. 2 OF 4 Jan 21. 2015 — 45Jpm /INGiAD Proj.cts\ProjscTa\2012\2012 -152 SR 50 MISER& PA IONS UDTNAcoO\Surv•Onq\2013- 105SU. PAPA dwq Attachment A Page 9 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 SUBMERGED LAND LEASE SURVEY (THIS IS A FIELD SURVEY) SEC.08 , TWP. 29S., RNG. 15E. PINEU.AS COUNTY, FLORIDA 2 I_4 LEASE AREA DESCRIPTION(; es .a A PARCEL OF SUBMERGED LAND LOCATED IN SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, CLEARWATER HARBOR, CONTAINING 2463.5 SQUARE FEET (0.057 ACRES), AS SHOWN ON THE ATTACHED SKETCH AND LOCATED IMMEDIATELY EAST OF THE EASTERLY TERMINUS OF PAPAYA STREET, IN THE CRY OF CLEARWATER FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 4" X 4" CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF LOT 12, BLOCK C, A REPLAT OF BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK "B" OF CLEARWATER BEACH PARK FIRST ADDITION, AS RECORDED IN PLAT BOOK 21, PAGE 21 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, GO ALONG THE SOUTH UNE OF SAID LOT, AND THE EASTERLY EXTENSION THEREOF, SOUTH 89'19'51" EAST 139.26 FEET TO A POINT ON THE WET FACE OF AN EXISTING CONCRETE SEAWALL THE MEAN HIGH WATER UNE OF CLEARWATER HARBOR AND THE POINT OF BEGINNING OF THE TRACT BEING DESCRIBED, SAID POINT BEING REFERENCED BY A CHISLED "X" IN SAID CONCRETE SEAWALL WHICH BEARS NORTH 89'19'51" WEST 0.70 FEET; THEN LEAVING THE SAID SEAWALL AND MEAN HIGH WATER UNE GO SOUTH 8919'51" EAST 15.84 FEET; SOUTH 38'15'20" EAST 4.50 FEET TO THE BEGINNING TO A CURVE TO THE RIGHT, HAVING A RADIUS OF 170.43 FEET, A CENTRAL ANGLE OF 13'25'48 ", SUBTENDED BY A CHORD OF SOUTH 85'48'40" EAST 39.86 FEET; THEN ALONG THE ARC OF SAID CURVE 39.95 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 24.21 FEET, A CENTRAL ANGLE OF 29'13'28 ", SUBTENDED BY CHORD OF NORTH 86'09'52" EAST 12.22 FEET; THEN ALONG THE ARC OF SAID CURVE 12.35 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 14.00 FEET, A CENTRAL ANGLE OF 48'31'56 ", SUBTENDED BY A CHORD OF SOUTH 84'18'18" EAST 11.51 FEET; THEN ALONG THE ARC OF SAID CURVE 11.86 FEET; THEN ALONG A RADIAL UNE NORTH 29'57'42" EAST 4.25 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 18.25 FEET, A CENTRAL ANGLE OF 196'22'29 ", SUBTENDED BY A CHORD OF SOUTH 38'08'57" WEST 36.13 FEET; THEN ALONG THE ARC OF SAID CURVE 62.55 FEET TO, THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 19.75 FEET, A CENTRAL ANGLE OF 36'53'42 ", SUBTENDED BY A CHORD OF NORTH 62'06'40" WEST 12.50 FEET; THEN ALONG THE ARC OF SAID CURVE 12.72 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 150.18 FEET, A CENTRAL ANGLE OF 11'02'46 ", SUBTENDED BY A CHORD OF NORTH 86'04'53" WEST 28.91 FEET; THEN ALONG THE ARC OF SAID CURVE 28.95 FEET; THEN ALONG A RADIAL UNE NORTH 01'36'16" WEST 4.25 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 154.4.3 FEET, A CENTRAL ANGLE OF 01'31'51", SUBTENDED BY A CHORD OF SOUTH 87'37'49" WEST 4.13 FEET; THEN ALONG THE ARC OF SAID CURVE 4.13 FEET; THEN SOUTH 51'49'29" WEST 6.17 FEET; THEN SOUTH 06'35'26" WEST 16.68 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH UNE OF LOT 1, BLOCK C, BARBOUR- MORROW SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 45 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA; THEN ALONG THE SAID EASTERLY EXTENSION NORTH 89'14'13" WEST 15.58 FEET TO A POINT ON THE SAID WET FACE OF SEAWALL AND MEAN HIGH WATER UNE OF CLEARWATER HARBOR, SAID POINT BEING REFERENCED BY A FOUND NAIL AND DISC IN SAID CONCRETE SEAWALL WHICH BEARS NORTH 89'14'13" WEST 0.61 FEET; THEN ALONG THE SAID SEAWALL AND MEAN HIGH WATER LINE NORTH 06'38'04" EAST 40.23 FEET TO THE POINT OF BEGINNING. CONTAINING 2463.4 SQUARE FEET, 0.057 ACRES MORE OR LESS. SEE SHEET 1 OF 4 FOR SURVEYORS REPORT SEE SHEET 2 OF 4 FOR EXISTING SHOREUNE CONDITIONS. SEE SHEET 4 OF 4 FOR BOUNDARY DETAILS. THE SURVEY IS NOT FULL NC COMPLETE WTHOIJT THE ATTACHED REPORT AND ALL ACCOMPANYING SHEETS. 585 SOUTH HERCULES AVENUE FUEL SSOCIATES ,,,1 1,5 CERTIFICATE OFAUTHORCATION NUMBER 28320 CONSULTING ENGINEERS ,LAND SURVEYORS LAND PLANNERS LICENSED BUSINESS NUMBER 107 I. JAMES R. MaMA1H. THE SURVEYOR N RESPONSIBLE CERROE. CEI1FY 1HAT THE SKETCH REPRESENTED HMI. WAS MADE UNDER MY SUPERVISION AND MEETS TIE uNIMOTA TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BARD OF LAND SURVEYORS MID MAPPERS. PURSUANT TO SECTION 472.027 OF THE FWRIDA STATUTES AS PRESCRIBED IN CHAPTER 5J -17.50 DEPARTMENT OF AGRICULTURE M D CONSUMER SERVICES. THIS DOCUMENT IS NOT VALID MOOT THE ORKWEAL SIGNATURE AND RAISED SEAL OF A FLOM' LICENSED SURVEYOR AND 'TAPPER. SUBMERGED LAND LEASE SURVEY PAPAYA STREET WORK ORDER12013 -168 DAIS: 10/02/2014 DRAB% LIMO RN SCALE N/A CLEARWATER FLORDA SHEET NO. 3 OF 4 Jan 21, 2015 - 459pm 7T: \CAD Projseb \Projacta\2014\2012 -159 SR 60 0.USEN1Y PAWONG LOTNAead\Irva ag \2013- 16SS1L PAPAYJtdw5 Attachment A Page 10 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 SUBMERGED LAND LEASE SURVEY (THIS IS A FIELD SURVEY) PAPAYA STREET Th E SSTNG SEAWALL E1-3.9' NAVD118 PROP08ED DOCK SEC.08 , TWP. 29S., RNG. 15E. PiIBIAS COMITY, FLORIDA FN10 FOUND NM- & DISC IINIWL MEN HIGH WMTER 111E 1'., • tain8 NORTH AMERICAN VERTICAL DATUM OF 1958 PLAT BOOK PG PB P.O.C. POINT OF OOMIENCEMENT h j#I G.82'1 6E DI W CC �I 0 I 21 OD 1 I W POC SW CORNER OF LOT 12, BLOCK C, A REPLAT OF BLOCK 'A" AND LOTS 1 TO 15 INCL BLOCK 'B' OF CLEARWATER BEACH PARK FIRST ADDITION (PB 21, PG 21) fCM 4x4' (NO ID) I- S89'19'51"E(F) 139.26'(F) SOUTH UNE OF LOT 12 PAPAYA STREET 40' RIGHT OF WAY BOTTO A- - -1.6' `'',,� •';- PROFILEY R�. •-�:; • • BOUNDARY DETAILS FACE OF SEAWALL & MEAN HIGH WATER UNE POB giN O 75.21' RIPARIAN 4 RIGHTS USE (PROPERTY LIE WIDER) Cl FOUND Ne0!'1x 0.70'(F) FHNd Nes 14'131M(F) N. UNE LOT 1 0.61XF) LOT 1, BLOCK C BARBOUR - MORROW SUB. PB 23, PG 45 CLEARWATER HARBOR C2 DEPTH VANES 2.2' TO 11.0' a 4 : �..••�•�, •. �• s N SCALE 1" ;14:-.42611' TO -0.- SNORE ,MP.) C6 0 CS 1.0'(TYP) 5.25' 0.2' FACE OF SEAWALL & MEAN HIGH WATER UNE RI MINI RIGHTS UNE (PROPERTY UNE EXTENDED) LINE TABLE UNE BEARING _ DISTANCE L1 S 8919'51" E 15.84' L2 S 38'15'20" E 4.50' L3 N 29'57'42" E 4.25' L4 N 01'36'16" W 4.25' L5 S 51'49'29" W 6.17' L6 S 06'35126" W 16.68' L7 N 89'14' 13" W 15.58' CLEARWATER HARBOR LEASE BOUNDARY O/ -1600. 10 --... SHORE CuJRVE TABLE CURVE RADIUS ARC CHORD CHORD BEARING DELTA ANGLE C1 170.43' 39.95' 39.86' S 85'48'40" E 13'25'48" C2 24.21' 12.35' 12.22' N 86'09'52" E 29'13'28" C3 14.00' 11.86' 11.51' S 8418'18" E 48'31'56" C4 18.25' 62.55' 36.13' S 38'08'57" W 196'22'29' C5 19.75' 12.72' 12.50' N 62'06'40" W 36'53'42" C6 150.18' 28.95' 28.91' N 86'04'53" W 11'02'46' C7 154.43' 4.13' 4.13' S 87'37'49" W 01'31'51" SEE SHEET 1 OF 4 FOR SURVEYORS REPORT. SEE SHEET 2 OF 4 FOR EXISTING SHOREUNE CONDITIONS. SEE SHEET 3 OF 4 FOR PARCEL DESCRIPTION. THIS SURVEY IS NOT FILL AND COMPLETE WTHOUT THE ATTACHE: REPORT AND ALL ACCOMPANYING SHEETS. DEUEL SSOCIATES CONSULTING ENGINEERS D SURVEYORS LAND PLANNERS 668 SOUTH HERCULES AVENUE CLEARWATER. FL 33764 P11 727.822.4131 FIX 727182 I .7255 W W W.DEUEELENGINEERING.COM CERTIFICATE Of AUTHORELATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 I, JAMES R. MaMATH. THE SURVEYOR N RESPONSIBLE CHARGE. CERTIFY TIMT THE SKETCH REPRESENTED HEREON. WAS MADE UNDER MY SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLfRIDA BOARD OF LAND SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027 CF THE FLORIDA STATUTES AS PRESCRIEED IN CHAPTER 5J- 17.50 DEPARTMENT OF AGRICULTURE AND CONSUMER SEWACES. THIS DOCUMENT IS NOT VALID WITHOUT THE ORXNNAL SIGNATURE AND RAISED SEAL OF A FLORIDA UCENSED SURVEICR AND MAPPER. CLEARWATER FLORIDA Jan 21, 2015 - 4ZEpm LAM Prolacfa\ProjeoW012\2012 -I62 SR BD &SWAY PARKING LOTVbad\S rvTTnp\2O13 -168AU PAPA dm; SUBMERGED LAND LEASE SURVEY PAPAYA STREET CR0E42013 -168 ATE 10/02/2014 W19 UGC • RM Attachment A Page 11 of 13 Pages Sovereignty Submerged Lands Lease No. 520351083 NO. 4 OF 4 V) by CD • CD g CD W tea' 'b UQ N to tto a a cn oeto oe PLf17 23 + opn U -14 RR c[leamaier [bead. d,Daoidl , IdV SU IV I SN aae0llai- (Dourly, Bo Id a. DESCRIPTION All Ikal part of the North 695fl., of the South /57.5/1., of the North one -half (Nit) of Section 8, Township 29 South, Rangel5East, wite'ch lies between the Center tine of the concrete pavement as cl now exists in the City of Clear waler, Florida, known as Mandalay Road (or Mandalay Boulevard), and the Government channel in Clearwater Bay. AND MORE 'SPECIFICALLY DESCRIBED A.7 POLLOWSt From Ike point of intersection of the meddle line of Gulf View Blvd., with the East and West half -. section line of said Section 8, as shown on the plat (Lloyd -White - Skinner Sub., recorded en Plat Book 13 Pages /2and13, of the public records of Pinellas Coa.nly, Florida, thence N27- 5529 "E 995.9Gf1. for P.O.B.,(which point is also BBOft. North of the South boundary of said East and West half - section line, at the terminus o a line at right angle thereto), thence N6 =3 /'E, 699.52ft, aZonyy the Center line of the concrete paving as a now eXelts on Mandalay Road (or Mandalay Blvd•), to the North boundary of above described tract, thence East 710/I.. more or less, parallel le -said East and West haZ /- .section Zine, to the above mentioned Cjovernment Channel, thence Southerly along the West Zine of sacdchannel to a point on the South boundary of -said tract 850/1 more or less East of the PO,B,, thence West along. said South boundary 850f4 more or less to. the P, 0.5. .DEDICATION I PAUi F. RANDOLPN aJ trustee or ,T. E. HARBOUR and Xsrn, RINE N. HARBOUR, husband and wife, hereby eerie /hat I am the owner of the above described tract of land plalled as HARBOUR - MORROW .Sveo/viclo.i and that Idedc'cate Ia Me public all streets, drives, boulevards and Public places as dhow", on this plat of the subdivision of"iced land. Sealed Signed and delivered inihe presence of• Kr ••d._ %1"„h•,,;b.Jew',r , l„e., ",,ass ACKNOWLEDGEMENT Pau / F RON al k as rai ee {or T. .I.19arbour and fa/henna V D,i-boor hv,band and wife• Stale of Florida, County o/ Pinellas: gL I hereby cerlfy /hal oir thesLL.day of Icily 1310A.D.,before me personally appeared Prat. F. RANDOL PH to me known to be the person described in and who eXecaled the {oreyocrr9 eeetsfccale and dedication and acknowledged the exeeulcon thereof to be his own free act and deed as trusfee for T. E.Dad-bear and Katharine N. Barbour, esbandana"w9, for the uses and purposes Ihereen men Feoned. � .�. mom. Notary table e Sfa le of Florida al large My commission expires IQ 1I Approved for the City of Clearwater Florida, this a -__ •6 1910 A.D. Ze y wager Approved for tkeleardofCounty Commissioners f Pine/l s County, Florida, this? day of fa Zy 1940 A.D. ze linty En9tn.yer I- gPALM L_ -J L_ Sr. R 4 AeO 4039 ..r.,. agranMr St Engineers Certification: I hereby certify that this is a correct repre- sentation of the land as suhdevided that the dimensions, angles and tenet", are correct, that permanent reference monuments hare been placed and cc?ahle.Jhed as called for under Section 7 Chap fee- 1027.5 of the Acts• of the • _Legislature of the Stale ofFloorrida,193y // July /A51940. .Registered Sur veyor''P5 G7 0 SD < 0 0 0 Crg co cD) CD U) 0 N O 0 00 w g 1uauigod 21. P'. r 2/ fI &PLAT Or9LOGAA A" 4/yo /aTi / TO /S_ /NGL. ,9LOGfl % -- OFCEi1fr'!//9TER 8E/Mir/ 9R11 �ii'.5 4OD /T /ON AS, RE60RDE0 /NP2,9p iook 7s P,964- 8o / '54/ /7E6oROS O/743/YELL/9S 6'U,YT y FL Off/ .0.1 //1NU/9RY /937 OE.SCi? /i°l /ON fje9 //rniny a/o o/n/an ///e 4 /i464..�ne /ari/dvaftrHiAro%//s7s,/ /• o'ae M,1of1/re eArfvoJh/ea/ ofrler8- T9S/Ps,- o//G/lar/ h-a /ee ."4/fZ /09d- C /eorwof<e/2b F frig //keeed/a °z9Es.7arz / /o%e fie //icsre .114a/apaar, ff•, /iiuioa Jiw.sleaaa //fare ,Eos/ f,7a arff /o /fag: onde/o o'esc/- /6esoa heir/ �/s //o s 6 /aek i9"on/o / /of6 /ow¢ %/ "C /eorwo,/erQeoc 1Br f '',46 arre - ai'ae/%' /3 /ego fjoo/f /s P,, / %s Gods/ ' Meco/1/1. QED /C,97 /ON /fi/ow,9 / //%0 /jyThesePesea /s: Tho / //k v/Idersi /qd 7 4../7orrow, /Ye / / %�son/forrow h/s w c I4 frir eel i(of #ovine /Y. rdear his wi /e, ¢eee4y ea/V/6; /Ia / //re/ ore /# e ownerei Jae sim/o /a o ffefree /of /ono'oescri/feo6oi/e am/ //feydaheee4yiq! ico/e /o /II/oe //oe /vo /vse o/ //ie/ov6 //c in9enera/o//s /tee% asol areal/es os s//owe an // /s o /a/ ///ir z9 //i ar 9/4aaoo/f- /ya/ o. d• Wifilesses' /1/20roved /ar refold hies /6-14 day olyiraary /93 oo'hy 1Ae /joor//o/ Gift Camn,fssioners (// o/ C /earl✓ / .i %trio. 41/..1 //7 /549orfor ohrsees RESOLUTION OF PARTIAL VACATION OF SUBDMSION HAS BEEN RECORDED IN 0. R. BOOK__________ ri.1u. PAGE It'IOIo ON 4 -V?- 1911! HAROLD MULLENDORE Clerk of tIR( uit Court __Deputy Clerk - - - ACf/AVA/ZEMWEA/T ..fh, off'/otth. at/4 oPekdes /lie v//deosiy/7e/ aafifori yfeta6y cer / /14/ air i 570/ f,%)r7 ,pr "fair rneoer cw /0 o�o�r• T9/Ta/row, N/ ,%6,FJOn/Yap/ ow fs hIA or 6vran//ix//r�ez,iitA0 /i > ///9, pee Arrow bale / k % Re dear /iiedir aaa'w/ro eeecv/ / /le jio,e - ywaf ins /torten/ ea/Jevero ahr e4eeo'fie exert e An,/% 6e /#6•••//re ad ando'/r4e v ✓es afar//oases /frere* rfr /1 /9a/ eo✓ yJV /iooss of re/n/ouc /ny rela9aat//sifio ov'/d canvyin OW/ er!a ' )4.6V: 000re/esion 0/tOOn /riot o/of/ /ar /def. ,sa /? J" try% /, /,//e on/ /ir /e /es/,✓6e%Ser o�ob/rer o /s�oro% /nd/i e soid/Ye/%afsa7/Yarrow and o/%/var //,arias/• o/ de/ay • J7 /%4/ rooe //ernse ves,es 4 file 6or <raridrc/,/f /eXOiie /,re�oa i /e/f a /o rfrom /Ia soi/Ids r,4 ozr%'os/efyes fn ono/% fie s //ee/s c7//0/ arendes s/o/✓/r /e/eon a exec/ /eo/soid ins /oran//ee/f 'vo/ /,v o�d.). • 4 ‘,mr/isrion �7,ires3- . 23, lq 31V1 , 1 e � nil a- "- • /Ya /O /f' /64c 4034 444-r ror /vc[vo$4) aaJ 3r.J .0 /5\/4\/3\/.2 //\/0\5 7 G S 4\3\ 2 € Po /a$477%/9 ST,QE.CT eau /5\14\./3\/2\l/\/0\9 B y G S 4 3 � ? Crr►sT 51/01r‘ &R/v6 10.19.6 es .S* 6h26f.hea let 4'5,e21E. /a fkre,6y ee/tfy/ /o /fjs, /J o c0/ - ree/ /epre,renfo/ion o / /le /on/ os sv6orio .o /ona',v/ /feo ./A/ ka//ar /77/eae/r //9e/eare /nan- //nen /i hove 6een,o/aceo'am/ es/o6 /ished/as s/ro/✓n oi/dco/%s Jar //'r/er /027s • ,Eery f1//%f /r //o leyir /a /a /e• /9ss t%naary 2B 7937 j/ • •• i*fArfereA,Eiyr/Ntrace ORDINANCE OF PARTIAL VACATION OF SUB^IVISION HAS B EN RECORDED IN 0. R. BOOS PAGE ON 44t6 19 ti KAR?.EEN F. Do BLARER ,DClerk,of the�Ci+,rcu/it Court BY"C: / epury Clerk