SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO 520010893This Instrument Prepared By:
Christopher Crenshaw
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 LEASE RENEWAL
BOT FILE NO. 520010893
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 payment of the annual lease fees hereinafter provided and the
faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease
to the City of Clearwater, Florida, a Florida municipal corporation, 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 the Gulf of Mexico,
Pinellas County, containing 14,450 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated October 14, 1992.
TO HAVE THE USE OF the hereinabove described premises from April 1 2016, the effective date of this lease
renewal, through April 1, 2021, the expiration date of this lease renewal. The terns and conditions on and for which this
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a municipal fishing pier with non -water
dependent baithouse to be used exclusively for passive recreation and fishing in conjunction with an upland city park, without
fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of
Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without
liveaboards as defined in paragraph 26 as shown and conditioned in Attachment A. All of the foregoing subject to the
remaining conditions of this lease.
[0207]
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of $ 4,968.09, plus sales tax
pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice. The annual fee for
the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18- 21.011, Florida Administrative Code. The
State of Florida Department of Environmental Protection, Division of State Lands (the "Division ") will notify the Lessee in
writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease
fees due hereunder shall be remitted to the Division as agent for the Lessor.
3. WET SLIP RENTAL CERTIFICATION /SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18- 21.003(31), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6 %) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18- 21.011, Florida Administrative Code, for any
lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter /user/holder that if the wet
slip renter /user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to
transfer said wet slip shall contain a provision that requires six percent (6 %) of the annual gross income derived from said
instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter /user/holder that no interest in said wet slip may be further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter /user/holder. (C) The Lessee shall submit to the Lessor each instrument or
agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at
the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor.
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due
under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve
percent (12 %) per annum, calculated on a daily basis for every day the payment is late.
5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease renewal including any extensions thereto 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.
6. 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 entire term of this lease renewal 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.
7. 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. 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.
Page 2 of 19
Sovereignty Submerged Lands Lease No. 520010893
8. 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.
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease renewal, the Lessee shall maintain
satisfactory evidence of sufficient upland interest as required by paragraph 18- 21.004(3)(b), 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.
10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal 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 this lease, current 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.
11. 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.
12. 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
Office of Marine and Aviation
25 Causeway Boulevard
Clearwater, Florida 33767
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.
13. 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 renewal.
14. 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.
Page 3 of 19
Sovereignty Submerged Lands Lease No. 520010893
15. 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. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time.
16. 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 renewal or upon lands adjacent to and used as an adjunct of the leased area.
17. 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.
18. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder
shall cease and terminate.
19. 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 renewal 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.
20. 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 renewal, 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 12 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.
21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 20 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.
22. 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 renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor.
23. AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease renewal 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 docking facility.
Page 4of19
Sovereignty Submerged Lands Lease No. 520010893
24. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVII IES/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.
25. 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.
26. 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.
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 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 CONDITION(S): Should a field survey acceptable to the Lessor be required or obtained after
the effective date of this lease, the annual lease fees due hereunder shall be adjusted to reflect the increase or decrease in the
total preempted area shown by the survey. Any such adjustment shall be effective from the date of the acceptable survey and
shall be prospective only. No reimbursement or credit shall be given to the Lessee by the Lessor for overages, and no charge
shall be imposed by the Lessor for shortages unless the error resulted from inaccurate information supplied by the Lessee.
Page 5 of 19
Sovereignty Submerged Lands Lease No. 520010893
WITNESSES:
Original Sig ature
7 -'4-r h��r BY:
Che
Division of
PrintrType Nam of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE 14tERNAI,. ° ° •
IMPROVEMENT TRUST FUND OF THE STATE
OFF ORID
C. • .11, hief, Bureau of Public Land Administration,
S . e 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
, 20449 , by
C. McCall. Chief, Bureau of Public Land Administration, Division of State Lands S e of Florida
Cheryl Department of
Environmental Protection, as agent for and on behalf of the Board of Tru tees of the Internal Improvement Trust Fund of the State
of Florida. She is personally known to me.
APPROVED SUBJ1rCT TO PROPER EXECUTION:
DEP Attorney
3.3- -i
Date
Page 6of19
Sovereignty Submerged Lands Lease No. 520010893
ublic, State i f Florida
1.71t.t.
Printed, Typed or Stamp
My Commission Expire
KATHY C GRIFFIN
Notary Public - State of Florida
•3 Commission # FF 917725
" My Comm. Expires Nov 27, 2019
Commission/Serial No. sn•
WITNESSES:
- cue° keacrAckos
Original Signature
George N. Cretekos
Typed/Printed Name of Mayor
Original Signature
Typed/Printed Name of Witness
STATE OF
COUNTY OF
City of Clearwater, Florida,
a Florida municipal corporation
(SEAL)
By to.a JQt.e J , 4, , lAt,(,w-
Original Signature of Executing Authority
Bill Horne
Typed/Printed Name of Executing Authority
City Manager
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this day of 1" t l , 20 ILY , by
Bill Horne as City Manager, for and on behalf of the City of Clearwater, Florida, a Florida municipal corporation. He /she is
personally known to me or who has produced , as identification.
My Commission Expires:
�• °��RYPU��� AnneMarie Wills
COMM ZION #EE843159
; '? EXPIRES: N01124, 2016
'•n.;n +`•• WWW.AARONNOTARY.com
Commission/Serial No.
Camilo Soto
Assistant City Attorney
Page 7of19
Sovereignty Submerged Lands Lease No. 520010893
Si
N
ublic
Notary Public, State of e ida
!,-.r Li [kill IS
Printed, Typed or Stamped Name
Attest:
Rosemarie Call
City Clerk
s
INTERIOR
VEY
SIB
STATE OF FLO
Attachment A
Page 8 of 19
Sovereignty Submerged Lands Lease No. 520010893
GAL DESCRIPTION:
A PARCEL OF SUBMERGED LAND LOCATED IN
SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PNELLAS COUNTY, GULF OF MEXICO CONTAINING
v1,450 SQUARE FEET, AS DESCRIBED ON THE
ATTACHED SKETCH LABELED AS EXHIBIT A AND
DATED FEB. 1992, LOCATED IMMEDIATELY WATERWARD
OF THAT UPLAND PROPERTY RECORD IN PLAT
BOOK 23, PAGE 37, PUBLIC RECORD OF PINELLAS
COUNTY, FLORIDA.
Attachment A
Page 9 of 19
Sovereignty Submerged Lands Lease No. 520010893
Cn b
O AD
CD • CD
F.41•
K -3
�r
troCS'
CD
(3
0.
0.
(D
(D
CD
z
O
N
00
00
0)
B
>° 0
•
n 2
tn
z
m
1
tn'
m
:A008 H31101
:1NY3I1ddY
p o
m
a
SI -o
z M
r ..
X
1
cs
LJ4
11.0
4c -o 1
(TYP.) �\ \
SOUNDINGS IN FEET
BELOW M. L. '+t: • 0,0
10.7
GULF
OF
MEXICO
0
9.0
EAST — WEST SECTION
o w
ALL ELEVATIONS REFERENCED TO
NATIONAL GEODETIC VERTICAL DATUM
190001
11111e111111411111/
CLEARWATER BEACH
0- 1,327.300
\ 41
4,0 IN. L. 10 I iIiGVDY
5.0 NEW 1M. H. W. 1.8
\ Ii, —
BNTHOUSE \
2.O
357' -6•'
45
EBB
11
FL3N
1
1`.
420` -0"
COASTAL
CONSTRUCTION
CONTROL
LINE
111111 wrs
320' -0
677,_6„
STA 11-03
/ BEGIN PIER
i/
LEGAL DESCRIPTION:
A ^'ARCEL OF SUBMERGED LAND LOCATED N
Sti4TI0N 9, 70 61666 29 SOOT,,, RANGE 1$ EAST.
F.NELLAS COUNTY, GOLF OF MEXICO CONTAINING
.4,450 707AP.E FEET. AS D"- SCRIBED ON THE
32220600 SKETCH LABELED AS EXHIBIT A AND
DATED FEB. 1992. LOCATE" •MMEOIATELY 6ATER9ARD
OF THAT :)PLAND, 3ROPERTY 550060 IN PLAT
6006 23. PAGE 37, PUBLIC RECORD OF PINELLAS
COUNTY. FLORIDA.
1100' -0"
OVERALL PLAN
a +x
NEW PIER 6Q
TOTAL SOUARE FEET: 22.450
- ---- - - ---- 4490440550 LEASE
BOUNDARY
PREHPTED AREA:
®660' M 16' • 10560' SF
0451 r 32- - 1440' SF
0122.5' a 20' 2450' 5F
TOTAL: 14.450 50U4RE FEET
COASTAL
CONSTRUCTION
CONTROL
LINE
` --- CONC.
APPROACH
RAMP
EXHIBIT A
APPLICANT: CITY OF cLEARwATER
MATER BOOYt GULF OF IAEX ICO
COUNTY: P)NELLAS
DATUM: USGS
PURPOSE: REPL. ACE ENT OF E ;IS'5t P'LB
ORIGINAL WORK I X a MAINTENANCE r
SHEET NO. :..._ 6 — OF :— ........--__6 .__...._.__.
DATE: fE9RUARY ?942 REVISED APRIL 1992
Attachment A
Page 11 of 19
Sovereignty Submerged Lands Lease No. 520010893
INST # 96- 063149
MAR 8, 1996 2:14PM
PreBared by rµ .>W
Earl Barrett
Engineering Administration
City of Clearwater
F. 0. Box 4748
Clearwater, F1. 34618 -4748
PINELLAS COUNTY FLA.
OFF.REC.BK 9271 PG 1152
DECLARATION OP UNITY OP TITLE
KNOW ALL MEN BY THESE PRESENTS, that pursuant to the
ordinances of the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, pertaining to the issuance of building permits and
regulating land development activities, the undersigned, being the
fee owner of the following described real property situated in the
City of Clearwater, County of Pinellas and State of Florida, to
wit:
SEE EXHIBIT "A" ATTACHED HERETO AND A PART HEREOF
does hereby make the following
limitations restrictions said lands
referred to as a DECLARATION OF UNITY
particulars:
oau7 C 1. That the aforesaid plot or
tfplots, parcels, acreage or portions
/.5 Q0_xegarded as and is hereby declared to
_.,__.an indivisible building site.
declaration of conditions,
, hereafter to be known and
OF TITLE, as to the following
combination of separate lots,
thereof, shall hereafter be
be unified under one title as
2. That the said property shall henceforth be considered as
—clue plot or parcel of land, and that no portion thereof shall be
assigned, transferred, conveyed or devised separately except
its entirety, as one plot or parcel of land.
✓- -' 3. That this Declaration of Unity of Title shall constitute
a covenant to run with the land, as provided by law, and shall be
____ finding upon the undersigned, and the successors and assigns of the
undersigned, and all parties claiming under it until such time as
/6, co same nay be released in writing under the order of the City Manager
of the City of Clearwater. The undersigned agrees that this
.D instrument shall be recorded in the Public Records of Pinellas
County, Florida.
4. Upon execution hereof, this Declaration of Unity of Title
shall supersede and supplant that previously executed by the
undersigned authority on December 4, 1995 and recorded in Official
Records Book 9183, Page 1606 of the Public Records of Pinellas
County, Florida, which is hereby declared null and void in all
respects.
1
RETURN TO
CITY CLERK
POST OFFICE BOY, 4748
CLEARWATER, FL 34818.4748
Attachment B
Page 12 of 19
Sovereignty Submerged Lands Lease No. 520010893
Page 1 of 2
Page 2
Declaration of Unity of Title
By: The City of Clearwater, F1.
Date , 1996
PINELLAS COUNTY FLA.
OFF.REC.BK 9271 PG 1153
Q Signed, witnessed and acknowledged this fa i , day of
, 1996, at Clearwater, Florida.
WITNESSES: `Uf CITY OF CLEARWATER, FLORIDA
Print n me Cara/yn L. $i "NK
STATE OF FLORIDA .
COUNTY OF PINELLAS .
By: Ae l�jjZ7
Eli eth/M. Deptula
City Manager
Th,,ppregoing instrument was acknowledged before me this gl
day of i1ru�Ql1.(4.- , 1996, by Elizabeth M. Deptula, as
City Manager of t City of Clearwater, Florida, who is personally
known to me, for the City of Clearwater, Florida, a Florida
Municipal Corporation.
& .jjn, aeasn A. wnsau
' / ~ MY C00.9ASSON # CC 201408 ExPIHES
otary Publi - ate of lorida
Attachment B
Page 13 of 19
Sovereignty Submerged Lands Lease No. 520010893
L
Sorge: 1-.200•
EXHIBIT "A"
PINELLAS COUNTY FLA.
OFF.REC,BK 9271 PG 1154
PIER 60 PARK LEGAL DESCRIPTION:
A parcel of land being o portion of Section 7 and 8. Township 29 South, Range 15 East,
Pinellas County, Florida, being more particularly described as follows: Commence at the
Southwest corner of Lot 28. Block A, BARBOUR— MORROW SUBDIVISION. as recorded in Plot
Book 23, Page 45. of the Public Records of Pinellos County, Florido said corner being o found
X cut in concrete and also being o paint on the North right —of —way line of Morionne Street;
thence S 88'55 ;52" W along the Westerly prolongotion of the South boundary of said BARBOUR-
MORROW SUBDIVISION for 80.42'; thence N 06'33'12" E for 55.96'; thence N 2711'52" E for
6.22', to the POINT OF BEGINNING; thence S 88'36'12" W for 298.06'; thence N 01'04'08" W
for 62.63'; thence S 88'55'52" W for 74.50' to point on the Coostol Construction Conroe Line
os recorded in Coastal Construction Control Line Book 1, Poge 4 of the Public Records of
Pinellos County, Florida; thence along soio Coastal Construction Line the following two (2)
courses; 1). S 09'51'29" W for 281.59'; 2). S 05'06'27" W for 76.11'; thence S 85'39'46" E for
29.04'; thence S 55'39'46" E 33.96'; thence S 04'20'14" W for 34.91'; thence S 85'41'41" E for
110.00'; thence N 04'20'14" E for 43.10'; thence S 85'39'46" E for 15.49': thence N 04'20'14" E
for 34.00'; thence S 85'39'45" E for 131.27'; thence N 05'05'04" E for 43.50' to point of
curvoture of o curve; thence Northerly along the orc of said curve concove Easterly, hoving for
its elements a radius of 283.00', o central angle of 22'25'49 ", on orc length of 110.87', and
a cord bearing and distonce of N 16'18'28" E for 110.16' to o point of tangency, thence
N 27'31'52" E for 167.86' to the POINT OF BEGINNING.
Contoining 2.54 Acres, more or less.
NOTE " Ibis is not Su' ny
1/29196 — A,C.
95143A.dnq
Attachment B
Page 14 of 19
Sovereignty Submerged Lands Lease No. 520010893
_LNTi148t 1} thA fifteen$
theyeendi a hundred and trrope 1..912) 6e#, pA r<: Q.
..� 8k' Petereiburg. Florida, Banta, sf $.h sst,;
11 ;at irESinisr coral .t the ass erid pAlf, x `r
4 ?. !ITNEfSk S That thePnrttes -Af At 1J. 4.
Dga Peller8nd label' va#uablt oeneideratIf�igl# f
sbeend part',- the reeelpt.Rherpef ,haAerehyZleek oWledB]41 4, i A. _ l►► /e T ,.
stained , land da hereby rerief, ,Mehl a 4nc'"Ruif R 41`un4t
to bens 8414.4i-dips' forever, a),l.tbe r a t, 1444%4 t, ela and 4 4 # Wks a!11
tie. sf the fire$ part 11.4Y. p ar! "44er,14Ql •ib"15hd tf 41i sXttl► t►�f�ral ¢ 1 s
AStuated,Zts. 'inellos County, State of_Plfrida,-{t,, F'i ** a. , ,-
LoVnumbored 'reepeettve11F, !stir$ *etigl4} A eeri ‘16):1414 kree (2O 1!t Q?FI
Qeviad `1,bet4lsion,� aaeerding t► the'pla ' hereof $ ended 0-Pan "$4.4; Plat RA4 ii
9 1' the- ;plonk's Office of .t4 ¢,tram$ Copst-i4f•1itxijboraugh gdur�tr,4Plefld#er*•. ''�
TO J1i,VE 4%)? To }10LD no itSpp', "t4tb.,a1.1`_tlit spjartelanosa;tbete t4 pelsngtn?,'
roar -1; the 74srt ar tt tb fle
WsY � .psnt, unto the t�� }f:
qr- 11; estate,; right title,= tnt area t and A ;+ita r of
dart, including centlryrent' "right if:doxer ft :4! .�if�,
- -±poenrl- pdrt,•his hei ;a and e®ei(psi f,rWer, -""
• IN }"ITNESS �SftEFEOF, 'be psi -toes it tba 'test . art di beret* atil oripe i it
fu`s ape affix -their seals, tine dad andryKr lira$ sys arltWa -'-'-r..
A.`C, Bahl .f s5 14,
Btgned staled and delivered in4 cur rezenpr Ta
,311..
T -y, Dent ; (SEAU }.
Q, B:'' Lafleur - ' ,,,t-,1". a. - "��` 1 . °-•
C,- ThoziASson. 4Y w 4
MU OP. PI,OR1LL� �p = �
OP-1121 O P'YHFi. AS c f I Y
jr;$pe kmderaigasd effia #al„ So®rtAti "kttf1t ff :Wilt; Vas day pppe4Iei!lk4f ►r+
tide said" County', °aad aekni elodgad that b ,Xea4ii.sii: the f,CT.Co f gyit 4lalo $teal,
arid" that, '. Pent, 8€fe . tb . !Aide r nfo t e aPP.�' tope tie` nt`. s d ,
(lsuat7 aid upen.beiag 'Rnnipad » tae,`eeptrat,ly a, r,pa tram,Aar,�and, m knewls4:
'led that 'she, **acute said ese4 rraly,aatt- olVnterl and 4^Sthout a. scene donetra
3aet, •apPr4honeien op'f ;ar of '.r i;ooi der >itx� band` <i thgr oerttfy that the ifatd R. Oa
Dept and ••--y tt Bent era knots/ to ne to b4 the gra tor! naked to and 'tb8 3ipsed the
said dead t. Zahn Pol (lm ' 7 41 `�';
19177.43 dy hand and effioia1 soa1, tbia fir 5th A ..,t4 1912 'n .
4.144,44.; 6EIr4L }.
'notary Pubita rtate at Lt�rca 9�Cers4e sm E f?s Apg Qtat 1916
Ft1r s
eQ ,7u1p`21 191.24.---.,, t t4
ektne. Clerk. aBaea 8frearps
1,1I8 I111:El tron.£,a 1'n�°e and entarad into
red and '#?relve {1912} A. Ey anti beteeen , °0,�Bt�
Clesrester, Stat ±:of Pieriet -pe tias'sf t4. ri;rs• p
Cocwty sf'' Pinellas Siete or
an{1d4; PrtE1 a3,'trt�a 4
vflinSSE2"d; That tqe raid pertiAI or. tbi t'
nj4 tl%gea4l4SP$
e a U Of 2e.Tsiouaan4- Dolia;e' (e2 DOOR 0p ta' i ii► pptri k11 4 br'Vjt ast,d;..
eater, party of the seoend, part, at use pets ;g he eni tng a}rA 4t)#vart=
te,'the receipt ,hereof is' he°roty`4A94?+ex1ad44 Ah4 r►�td: parti,iUrsot ,.1419'
°
t, have p.rg3laed, sold redact, -r 1ca044 and Tot td$4144A i{0d "t.b e4'rregr
nib d k�'initt" 4 dace Pars
;$ ttt€a ►$er a
�BtiNesnil r• �15it4d}i
�1�►rpaia, sell t <Z iee,'rejac4e e}nd torero deter
#� seee>a4 per, an a i$uti4i 41'pPrParat }s t 411 41t
;at- bras -(3) of Beetian.al t (8,jt an tbbe eau'
rook' (l�4 & ) or zrat, i :}, sa peof �:Sb
)..4304th, Dana Miten (4) - Lat,1444,,k4O b,,,40G��`sii
*harY ts4� 4nd.aeeoribIQ-AY ¢ tarie`and titta��tlprrenJt,'Up1
fQ and being' In' Cleerilate • Unrber-c p ♦ p
i •r ,: ;' 0 RAYS /''P Q Evx.,} the 'two tette tp�i+4th.a
4 iii; great a' the said parties "et &ha iirolt Pont
ante partrasf the.'eecond Dart, se a 04nlotpr♦t rpq
tit o.1 pehaaf anri`te'tcve and h,e 4_end p Pt4R sot
Yoiod by tit
'r udtesa.undor tno i,as rr131 ft T „lfioa
parttoe of the Piret p.rt forever :. a
It; lTITNES0 iTL i:OP,- ?he paid RaFt ft. b.
hands and affixed theta seals ,the day and,
Stp+`adt sealed cad delivered” in t's, preen e_end f
Alfred'R-1ieenrn
I€(17I11.4z .PICTLL AR :,
kAfIERYOY if -ttiii edit€'
ad a3tber ty'Rersoriatlp apppIg %,;o
a t C1* RR 4r, Efate er•Plgr4dei kn'ae,
i►vut,Et t�e #woos c in it t4 4F o�p
5} F1)tR rmeplp.-
r *bt- s..Bas sincTa1 -
a s,4104241401-:K.;
lad- QQuAVe flagt!'f,
1 and triACular.Yt`s'eleflis`ji
Nether to la'r 410.444$4.
tlopt to its a, ,preper
ziat.1ERd vr$411R
xgbu p.dessas ,ia gy
trat•tot bent e#1,`1
ear fir' aho4tlritts
ti e us n 4' v
,, , ♦ 4 and "deed.t.r 4,119 ,less +gpl.
tca ii B13AK,' 14;4 43 $ne 11414 .1.-°P,1:4
Or: ,•s .r" * frou'her said i =}iQke
s44 . �nj� ep .xtNe Prio f> 1 ' a
Attachment 13
Page 15 of 19
Sovereignty Submerged Lands Lease No. 520010893
at* of Florida, •i
ounty of Fin* Ilan. SS.
?groom. lly. appeared before eta the undersigned authority, this day of July,* 1917, M. irl.int_r,
to we von known to ba the Proaident of the Paid inoesteent Ste :Any, a corporet:10n.ond Claud* ?lint .
'to Ile roll known to b• the Socr•tory of npid corporation. who noverally 001thowledged thot thtses-
ocuted the foresails& deed oa the Pr•aident oiral Secretory reapeetively, for and la tohatf of said
corporation, and es its act and deed on/ so their omi free sot and d•ed, for the u9414 and purposes
therein expressed; th,t they ,114 so und‘r told hy virtue o^ onthorlty lawfully conrerrect upon
there by entd eoeperotion; that tto .0.1 an-eited thereto is the true and r.enuins corporate seal
!")
of ontd corttoration, on wed affixed thereiinto by ttio Secretory, he he 1h.g the proper cotton..
thorelf.
•.Witneas ny Tani! nnd officio' s••1 the date afor•said.
J. H. Prietrott
rotor, Publ le
Ailed July 301h. 1917
ii.hroard
sled 9.11.1 9.
Ily 'Icrrolostan expires ilot. 13-117.
,t1S. l`r."F‘'S^Ri. Made and **tithed Into r. t' la,' Orr d•y o" luly 191", hr and tatineln
5•b. rta Dove II.3en, JO Ired ).r P .sband, C^Iirle S. Uss-n, 6 ^.1e?.rc if "0-oda, y -t1 .. cf
t. "fret pert ir,d Th. ;o r fltoro-ter, n tnictte) coon...1 It-nr 1r .ine. ttro,,fr"ider.
et t 4 seta-A 2,0.; 'attn. n na-'y of t‘o e•-ti Fria T. rorr, p• rt r tee
fourt`• Nat tin:. 1.11, ,10.11? rt; end T. tti..10ek, p-sth of t • ,loth
pert, witness,...) that,
fl t'. 12th. de:, cf 1'15. V', t.tr, a". letr,-*e^ ^tied its hill of
Fortition in t-- ^tre t ".• ter-. e• I,-llos •-•1 rd, ti 'It-x.1dr. '')f•tir. rid
041.4116.1,r on t "t;th. clny r. lithe) , ,1oesti- : 'era tt ere d,1 aft,tc j.4 ,
D04. tnalr r•p•ht a`11.:"■ aLld raea-t 1 e.r).4 Pt, it., tIt,ok Sava 1_1 end 1.1. roe rels rf.
sold Court ond Le sold report eras thersint`ter dl y c.nifienrd Sy to ,tort in and 1.r whirr.
Proceedings cartsin ,ro iorty.theretr ienerthed V A rol.tti,n4d •mong the peptide to said pro-
'rev:tinge, and
Vrr...:/$ the ,.:--.erly heritinaft•r d•seriesd wee 1,1 .o4 1,7 aeld proce..dinzs, set Over to the
arties by the dentription As hereinafter set. forth, and •
rtelEAS on account Of failure of the Ciwrk or this Court to properly docket certain -
f the proteedings, there has trfeen 'a ..01.31,146 as to the aufficiLencyof the prowoodings as to
ha portion of the first port bereir, and tite pertlas ot the first part having accepted told decree,'
*lire' to confirm 11it sane and justlfying LInt pertits of :b. e•tond, foneth., flfth and
irth port herein la the title. .
T41-9 INDC'trt.M.S. dired:S.SETR that far and In eciletderation of the prestsen. the portion or ebb
list port to hereby seeept and acknowledge the proee•dinits in the suit hereinbefora nontioned to b.
orrbbt .401 toy that purposes �o hereby Ironies; rteleoss 'ant quit-elatn unto tit* poitiss of the
third, ft:earth. fifth find iilttle pert, and thole' heirs, alealgns and Outeeinors, all tie
* - . 4 411b.i.gitit-kt ' i.
Attachment B
Page 16 of 19
Sovereignty Submerged Lands Lease No. 520010893
•waters of the O•alf of Nealeo' oq;the Nast to the: waters of 'Cl a sr Mats r Ray on the Fast,. b11ng In ,
Section 5, Township 29 5, Roma 15 S. and • 1\
To the parties of the sLeth part, beginning et • point :Of 'M feet 'icrtb of tl
Sout11 Boundary lino of novrnr•ant I.ot 6 and running North 109'2 feet end eet•nding from the eaters 'of:
Sulf of hesiao on the [last to 11a wet• rs _ of Cleervntar say on'the East, hein1 1n Sactlon_ 5, Township
_"29 S. Range .15 B. t4etLer ath the riparian right. p•rtointng *to said property,
TO RAYS AN7 'CO 'SOLD D unto the eald.p.rt isa*of the second, third, fourth, fifth ends
sixth 'part, together .1tb •very right, title, .interest., claim.and demand _ of the parties of the first
pert, • 11her in 1a+ or 13 equity Sn end to the sour, - _ —
It Se intended by this instrument to release any tnt•raat of the Pardee of tja- -•
first pert, in and to the lands sat apart, in the aforesaid procaadlrs n•rtloned ►hove to the parties
of the eacood, third, -fourth, fifth. a td eLet11 pert, or to t:.e it suc:•asers in intereetlln the ,v.r.t
•ay of On •aid parties 3holl have teed. deed to any part. of 5.14 prdperty. ', •
'sIT'IESS it;t_1BP1, 1 he parties of the f3rat part,h. • hereunto rot their Soeds
and as tla, th1e the day and y. sr aforesaid. ,
Rcb•rt• Oewey Ues :n
IT /rMSSS: • Chas. P. Lnson
TP.os. St.ddnrt
J. Rr ;.n ..
• DCtt IN ION OF. CANAtt• . •_
PRovrucB 0? ONTARIO
_ • ' ' I hereby certify that 11 fore tee, tba underslgn•d euthorlt'y personally appear.d
Charles P: Mason and Roberta Davey 3laaon, his wife, kaowa to n. end known to be the par•ons s�o
eseauted-t }• foregoing fnetrosent and separately acknowledged th• ii.cution ther•of to be. their free
•eL an
taken and boa separately and apart frog her Ruaband, aoknowl.dg.d that :she executed the.eam. for the
purpose of relsastoz'whatever title eh* atglot have to sad t0 tau. said property io tha'p..rtlse therein'
described, freely and voluntarily without any tteepulsion, oonatrotnt and appr•h.naloa or tsar of
or from h.; raid Bueband.•
!STRESS 11Y 040» AND °PPtCIAL SEAL, this the 25 day At July 1917.
T•oe. Btoddaft, Votary- Publ Spe ?,. (SEAL).
Uy Comae/ion bold during eha platrlire •PYjhe
M:..•.t 0ovarnor, Froeina• of tat
Attachment B
Page 17 of 19
Sovereignty Submerged Lands Lease No. 520010893
EXHIBIT A
PARCEL NO. 1
Starting at the Ssuthwesterly corner of Block 1 of SALERNO S110R1'S,
according to the plat thereof filed 2 March 192S, recorded in Plat
Book 11, Page 33, Palm Beach County, Florida, public records, thence
run in a Northerly direction along the West line of said Block 1,
a distance of 150 feet to the point or place of beginning; (1) thence
run Easterly at right angles to the Westerly line of said Block !,
a distance of 65 feet; (2) thence run Northerly parallel to the
Westerly line of said Block 1 to the waters of Manatee Bay; (5)
thence meander the shore of Manatee Bay in a Westerly direction to
a point where the Westerly line of said Block 1, if extended,
would intersect the South shore line of said Manatee Bay; (4) thence
run Southerly along the Westerly line of said Block 1, and the
aforesaid extension thereof, to the point or place of beginning;
excepting therefrom any rights of +:ay for public roads nox existing,
but including all riparian rights thereunto appertaining.
PARCEL NO, 2
The South 1S0 feet of the West halt of Block 1, and the South 150
feet of the West 5 feet of the East half of Block 1, Salerno Shores,
according to the plat thereof file4 2 March 1925, and recorded in
Plat Book 11, Page 33, public records ' f Palm Beach County, Florida.
Attachment B
Page 18 of 19
Sovereignty Submerged Lands Lease No. 520010893
510 '1a i598
1,
wie.to the douniy ,.f Jse6sen441r.teei iiinsiuti,Cd4,80ineti:gmder.thiliamt,a1
TWO INDrITOR„ thi0 Pits dty '04.;01,164117'i' Ai6t-il betiiiC'J'17-*SPOIViitAgi#1,4*
•
•
itI,Ii ht 014 testament of Austin Wimhell, demote, *Alin of tho first nett, nad 15/4 10
mthieipel •erporation, created *id •xprUng oodet the Lama of_the "eta or Newt, ot the
Isretad parts .
WiT7'PIRE1'110 that the partite of the fit Oori, for Anti in •essieleritlien Of the *wager e,.
I roil" (1•00) and ether esivehle •onsidoratioa, to hnnd veld by 014 *ILO pert/ of the emeond port,
0 the reeetrt wirer in hereby seksosledged, have *wised, reltesati, and glit-slelotil and br iheee
rro*Prts do remise, role.ro. ,r4 vit-elaim.'Anto the party of the second pert, 00 tutteesooruand
forever, all the riiht, title, intereet, •tim, and astute, Whieh the eald:Parties ef the
11-'1 I" te. 014 f011441M4 i biit jvt trwsi, er.m•rtel of land, 1.1140; tolf $1tqlt, 1
in the ttunty of Pinellas, State of Florid*, to *it, . ' ..;!‘ . ,
• •
6.....iteSpei of 904 4 rinerftnil koksatoctiorl:avilkowitsio twit,*
count, '1,14.. ;
TO AVE R AD To RaD the seem, end all the estkio, right, title, interest, and times i,stae .
ever la the parties of the fired part, tither in lew or in equity, to thO only Proper use, behifit
and beheof of Xlm Avid porty or the second part, its suetessoro end 'soigne. fortver. .
IA MVP:OA WIMP: the Raid parties of the first part have harounto.set their anti
eetla this the etr and veer fire! above itritttn,
ya th present* of us.
F. W. fore/ion
nTAft sesr4'r',
rl:"7
terleeell/ e1re-0-1.: tefert as J. V. ltivbell art Parish P. 7inhall, bin *If., to is well
listen to 4 th4 p tt 4.•:tribod 111 end oho ereeotod the foregoing instrument, bud waren,
l'nollediad that they tedetutel the remo,as deristts under the last will and tottoment ofAultis
,teeeamed, freely and voluntarily for th6 awes and purposts therein expreestd.
.AD t 11JITUW1 CW,TIKT teat tb seld1Wiam•Pc Kimball, Vn:en to we to be the wits of the
4,ttiltiwhel/, en etperat. eni ;tints •imatit41on, taken and soda by and Defer. me, separate-
tied 'part trod hat said hUshtnd, diCeeknowlodin that she exoeutod the fortieths flood or the
P.&/Pose ef reitasini, nlimqviwhing, ellosetisi snd,Oionveying. oil her right, title, end Intl/Net, • ,
J.V.Wimhall (stet)
Wien P.Ximbell (etal)
0! *tether el davit, hsomottlid 0,0f ittyarsts PropeitY, •itetwtoft or el•litehles in and to the lands
CottrIbtd tilitraisto and thet she •xecuted WA died treat7 and oolootorilf, and without any tompul-
:
teen. constraint annrehtnelon. or firer, of or :rem her • staid tuaband.
mp hand and wffIsial soul et rantes Oily in tit. County ef fathoms, State of -
Nit:earl, this the Oth 4,4 of November, A.O. 1917.
I .C7
Attachment B
Page 19 of 19
Sovereignty Submerged Lands Lease No. 520010893