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16-11RESOLUTION NO. 16 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, APPROVING SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL NO. 520010893 WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING EXECUTION BY THE CITY MANAGER AND THE MAYOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida ( "City ") has constructed and operates Pier 60, a public, recreational pier on Clearwater Beach extending from City -owned lands onto submerged, sovereign lands and waters of the State of Florida in the Gulf of Mexico; and, WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ( "TIIF ") has administrative authority over such submerged, sovereign lands and waters; and, WHEREAS, the City has applied to TIIF for a 5 year renewal of the lease for such submerged, sovereign lands and waters beneath Pier 60; and, WHEREAS, the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of TIIF, proposes renewing such lease with the City via Sovereign Submerged Lands Lease Renewal No. 520010893, which is attached hereto as "Exhibit A;" and, WHEREAS, said lease renewal has been duly considered by the City Council; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council approves renewing the agreement attached hereto in Exhibit "A" for a term of five (5) years, and the City Council finds that the City's purpose for this lease is a valid, public one. Section 2. The City Council authorizes both the City Manager and Mayor execute the agreement attached hereto in Exhibit "A," on behalf of the City of Clearwater. Section 3. This resolution shall take effect immediately upon adoption. [A04 -01371 /182413/2] A04 -01371 /182413 /2Resolution No. 16 -11 PASSED AND ADOPTED this a /'+ day of L , 2016. Camilo Soto Assistant City Attorney [A04 -01371 /182413/2] CV- ork,en Cr& \QS George N. Cretekos Mayor Attest: rx_Ct,L -- Rosemarie CaII City Clerk A04 -01371 /182413 /2Resolution No. 16 -11 This 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 terms 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(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. 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 3of19 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 4 of 19 Sovereignty Submerged Lands Lease No. 520010893 24. 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. 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. LNEABOARDS: 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 Signature Print/Type Name of Witness Original Signature PrintType Name of Witness STATE OF FLORIDA COUNTY OF LEON BY: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) 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 Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of , 20 , 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 Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APP OVED SUBJ CT TO PROPER EXECUTION: DEP Atto ey Date Page 6 of 19 Sovereignty Submerged Lands Lease No. 520010893 Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. WITNESSES: City of Clearwater, Florida, a Florida municipal corporation (SEAL) BY: Original Signature Original Signature of Executing Authority George N. Cretekos Bill Horne Typed/Printed Name of Mayor Typed/Printed Name of Executing Authority City Manager Original Signature Title of Executing Authority Typed/Printed Name of Witness STATE OF COUNTY OF "LESSEE" The foregoing instrument was acknowledged before me this day of , 20 , 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: Commission /Serial No. //) App;toved Signature of Notary Public Notary Public, State of Printed, Typed or Stamped Name o form: Attest: Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Page 7 of 19 Sovereignty Submerged Lands Lease No. 520010893 NTERIOR VEY '18 STATE OF FLO .dap Ili SF. '71 (OI /NFDIN>J- [idal; Fl, c m r l i N Clearwater Beach / iei • Clew lia8Ar Pass J. Light Bann Key Pal+ Ltellt Baer - ..Nat.: ale ti Attachment A Page 8of19 Sovereignty Submerged Lands Lease No. 520010893 L GAL DESCRIPTION: A :1ARCEL OF SUBMERGED LAND LOCATED IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, FNELLAS COUNTY, GULF OF MEXICO CONTAINING 1,450 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 0 PO VT O < (pET ■-t rip .■ (1-6• 1—■ a ro c.F4 0- 03 03 0 CD co U. 0) 0> coo AC V ;uautgosud aaaa • a a E' E "?'. az 0 r7, ?.■ n X TT, 0 £ T.1 r.? 1 --] z-. ' LEGAL DESCRIPTION: A' . A T'CACTI. OF SuBmERGED LAND LOCATED N 41 I'''! ' stc-r/ON 8 "(ANSI-IF 25 sc/07A, CANOE 45 EAST. 1-IF LLAS DOLAT Y, GULF OF ME 4)0 CONTAINING rn .1,450 SOUARE FEET. AS T.007 CII THE AT TACGEO 5FF.TOT LABELED AS EXHIBIT A AND 'T I '''t4 , - DA TED FEB. A92, LOCATED' MME TELY WA TEP4AFC 1,' I j ! OF THAT OLAND .40PERTT RECORC A PLAT N I BOOK T/ 3. PAGE :TT, Pa/LK: RECORD OF 41NELLAS FLOROA. 4FT. T4.61 ■44 11.0 - MEM= =Ea al T 'Ts SCUNDNOS 5 :EET M. H. W. COASTAL ,.— CONS T RUC CON CONTROL LINE 1 EAST — WEST SECTION ALL ELE":ATIONS REFERENCED TO NA 1 IONAL GEODE" C VERTICAL, DATUM 5070) 7-1.325,300 BELOW M. L. W.. 0.0 Y-232.200 5, 10.0 GULF OF MEXICO 8'2 9.0 84— , ( \ L W,)090V0) IM. H. W 1.8 2 \ \ \ i rTtT+7•11+TrrIhrh-Frr IIIIF M—F1 I III II 111111111141i't I CLEARWATER BEACH 357 -6" ,115' • 0.;; ,11,Y EBB FLOW 67.7,-6" STA 11-03 / BEGIN HER / 11,00'-fr OVERALL PLAN 'SA NEW PIEJISLO TOTAL SQUARE FEET: 22, 150 mica.E4 LEASE FRE/A/TED AREA: ® 660' ;6' - 10560' SF 045" 32' - 1440* SF 0122.5' 2 - 2450' SF TOTAL: ;4,450 SQUARE FEET CCTA72TAL CONSTRUCTION CONTROL "41. LINE CONC. APPROACH RAMP EXHIBIT A LL N APPLICANT: CITY OF CLEARWATER WATER BODY: CULF OF Mf %iC0 COUNTY:._ PINELLAS. DATUM: U'CS PURPOSE: REPLACEMENT CF EEtS NC PN-R _ ORIGINAL WORK MAINT CNANCJ : I___1 SHEET NO. :._ DATE: FF'3RUARY 992 REVISED APRIL 1992 Attachment A Page 11 of 19 Sovereignty Submerged Lands Lease No. 520010893 INST r 96- 063149 MAR 8, 1996 2:14PM Prepared by &, \'mil Earl Barrett Engineering Administration City cf Clearwater P. 0. Box 4748 Clearwater, F1. 34618 -4748 DECLARATION OF UNITY OP TITLE PINELLAS COUNTY FLA. OFF.REC.BK 9271 PG 1152 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: °b_ 1. That the aforesaid plot or plots, parcels, acreage or portions /Sa(jzegarded as and is hereby declared to an indivisible building site. TC,.. 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 .Qne plot or parcel of land, and that no portion thereof shall be assigned, transferred, conveyed or devised separately except ,__i, 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 binding upon the undersigned, and the successors and assigns of the undersigned, and all parties claiming under it until such time as /5, co same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned agrees that this ./4- 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. / RETURN TD: CITY CLERK POST OFFICE BOX 4748 CLEARWATER. FL 34 615 -4748 Page 1 of 2 Attachment B Page 12 of 19 Sovereignty Submerged Lands Lease No. 520010893 Page 2 Declaration of Unity of Title By: The City of Clearwater, Fl. Date , 1996 PINELLAS COUNTY FLA. OFF.REC.BK 9271 PG 1153 Signed, witnessed and acknowledged this a/ day of , 1996, at Clearwater, Florida. WITNESSES: Print n me Caro //n 4. BRINK l � �int name . / P,.rr. t/S STATE OF FLORIDA COUNTY OF PINELLAS . CITY OF CLEARWATER, FLORIDA By: dci L� ElibethA. Deptula City Manager Th pregoing instrument was acknowledged before me this IL day of , 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. DENISE A WILSON MY COt.NSS ON 0 CC 201408 MIMS June 18. 1996 Ail A1,4/ 4 . . /(/_ /c otary Publi - ate of lorida Attachment B Page 13 of 19 Sovereignty Submerged Lands Lease No. 520010893 Scot.. 1-.200• EXHIBIT "A" PINELLAS COUNTY FLA. OFF.REC.BK 9271 PG 1154 23/ot f l MARIANNE S. 5 BLVD PIER 60 PARK LEGAL DESCRIPTION: 1 A parcel of land being o portion of Section 7 and 8, Township 29 South, Range 15 Eost, Pinellos County, Florida. being more particularly described os follows: Commence at the Southwest corner of Lot 28, Block A, BARBOUR — MORROW SUBDIVISION, as recorded in Piot Book 23, Page 45, of the Public Records of Pinellos County, Florida sold corner being o found X cut in concrete and also being o point on the North right —of —way line of Marianne Street; thence S 88'55;52" W along the Westerly prolongation of the South boundory of said BARBOUR- MORROW SUBDIVISION for 80.42'; thence N 06'33'12" E for 55.96': thence N 27'31'52" 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 a point on the Coostol Construction Conrol Line os recorded in Coostol Construction Control Line Book 1, Poge 4 of the Public Records of Pinellas County, Florida; thence along said Coostol Construction Line the follo.ing 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 a point of curvature of o curve; thence Northerly along the arc of sold curve concave Easterly, having for its elements o radius of 283.00, o central angle of 2226'49 ", on arc length of 110.87', and a cord bearing end distance of N 16'18'28" E for 110.16' to point of tangency; thence N 27'31'52" E for 167.86' to the POINT OF BEGINNING. Containing 2.54 Acres, more or less. NOTE — This is not 0 Su, 1/29/96 — A.C. 95143n. dog Attachment B Page 14 of 19 Sovereignty Submerged Lands Lease No. 520010893 7s ms`s 4 r g4 tHM li#t.e`a ems hw *ed,end toil op.` 1912) B•t ee.s, • iq pltif fldt ipa: ;w pa ¢t7 A to'tliss an �; 1 1X •seat 6j end itoiglW 14.0 erde4 o :ps6f'$4 -fP Pu t.1‘4 bol4eaa 4A' 4 t Petersburg. Fi•l�ida, parties of h . re ltpa Itaf 1i party at,tdie e,oegd Forlt +.> , sJ TIII EEBETttr That the parings e1" '041 1 i p•llat'dna •thpr v4lueb1. eepeld.ra% ft i' abound patio the xeoelpt.ehergef 1e':hereby: 9i Al!P .d! 04 imed, iaad`dot:he 'ebr remie4, rbtehoa iad`gt 11 p #St,pp rr d• borne and de slime torever, a11.tho r�! t., notate sPtie• e'7`-the fl at pert' -S1die''ei',`'evar, -AiQ, i n lit t•d.11O Finellos C.unt7, 8t to if Plerida, • 1►i L. tt numbered, reepeetive , r'oukt .A'%t141' `a# **ell S1ibeivi� ion, aooerding t.,ttheplat there.f ra Site ;'terk_e- e!�tioe- of tare pl�pai% Cepst-uof Rill beroly* irptr,,Flefld�t.a, To• $AVE atiQ TO $ALD The .limo't; nitp:.0l2 the; •p urtariena•s tbeteyJna .O ti1,n itn , estate, terra title,- intoeel and ;stie ljk4t ever4l -thi pe?ties f# t1+! 4Lr41� sit, - the /udiag oeatifgenk right S f: d•wer JDs •pr fp• gd s�OIAt, uata.,the Qa�l fi' -e part, hie -hesEs and a.eigpi S•t•iterx 'r } . '� s WIT'HEss 911P.REOP, the pnrttes •t Eh• first: rt d• berete ekhe4ribe� itAli r,_ ,IA!!!!** -:24121 ;affix their goals,- the= and yasa}tir• op• as�ttta. ter_ j .�i8ne$ sEd.7Pd and delivered '1_A f��irbdb��•�- - T•+-• � r „r� ' Si+ 1i4 =fir• ��'1t :b Gbrteu, t TtioIDSa3onr' Ut .DF }'� �a "r 1 t use Igood •; f , t t h+e e a ' " ud9rg g •f`4r ? t fi jdj pp Ot4 0.tot! !dC. nF .fPd 1 that .tEy$ th ,frain tgs Qlat 4,.6. ,` nt, p 4 616 i74, .atP �&a na aid upon being =41i 11 a P art, me d #cal a "09444.-11,14 de9d trtxaiteff• uttfX h 1 Bto. 4 apitehoneien oD leer et " o Aer 1. ana U107,90401 th at ..tthe ad R • s. a4 d C,`s^ t aas4;i 9 II. Dent era kaofitt ts a ie b`a` the' 4;t!4 tors ed in e ndIt e el ed tie 4 lr JIB jtillE trhDo i 2ade end entered i�►te' r ielve X19121 Ct tJle.rna _ o , Qtat +.ar Plesid® partied • of tl2• rtret pg ,C*Cuitlr Pineilne "stale our A " tt 'st: ei b111./V:$SET3 a^hhtttllte ?Pi `psrtt4 Qt' tI f }�e gma.of Ti4"Thpuesad Doil44. {02 000/44 `tq Ceti 7iater, patty- ot►'t4e eegond` iA , at `4Ad,:.�e#Dpt_ geetnterethe reeeigt r'hereet` #4't:a7ehy4ok4914444 23 Y! b rgainned told. "riirdef1, ; lea4e4 9u rga +► eel1 a P' fie , se saA• -sink tore seten at0,44411apt ass a 1,L I � �4pr o 1• (41;141 x ,le Lit •Str•e- {3), of 84ettfgaool tt i , ttre•x Par a Piet tls40 t ) of loo -i: i s } }'$o�t�h, Rance Fift4ei . ( at5b z4 ` iapt kaprin 405 gaaoribed.PY ptsfi.spd ¢ 9a aeg ar.(.boin i in .Cioormite; SaFbo ar �. q lld "f.:p Sa BDtn the'e`aaf ettatie 1at3 ant ;;e t e� th4 pate pertiee tt' a,t n fu3ii oaid, psrtxewt the °eeoond part, ne a. tlµAiol $a - ; fit 6Ad �,ohoot end ta1ave,;apd hoi4_eind p4# lak evq. Yejod 2ri.,ti;e rue e,e-tu d'r the baggy 9Jtix; calY9a partioe of the "_`iret p rt sorevsr �' • • IN rrl2rlE51 sP i;4p, ' E4. paid lick q !t ti: hands and artiaef :their, oeal*, rho day endjyier Pir eilps.dt sealed rnd;t ity. red•!# t etl"'pre.11t /tiered �.gNaertn uop +i 148tt04I11$ 14174PP,4311llad.ABe WIRY i ant ia3 1, tbl#"i13tq d 'r4L4n ty ,tessele1�W'spp410,1. o tai• tp, sttttit.Pifri45, loa.+nt:' e t cpirpizotre inetzlidentO aiod pe7 • 01194.1e. tr s rfet hand deed .r# • rteo.4 4pii a Pl04 231ao1<,' wire PS e gold' sirs ap .P.07,110, 441.d he Ot :. ltQ,-• • A ..aa e?+i 4a tbe.t..i.r f., - e .. Attachment B Page 15 of 19 Sovereignty Submerged Lands Lease No. 520010893 r 01 Qa ,}mi he C1ty..r, i at ontT et pa�40f genaide .�ttana bin.. ,eta$ he iiid i#as e d 4 3tvf )1a'krtl4:peettai dr1.l 4tettea9!`} pr tliaa `�1i ' t w tr_ gg3sd.p. 8) .$li 4iipiisi p , 11:::;::1"c*1.::;;*C::;:4P4'4:j:sjR;4 t` ' pti4W` tjo I1.'ire . psf}►0 xi Att4 b grin% '44,48t114.4 I sirat..Vitt kevt e>g&t.‘„~ shop itt••: .- 74.0e L ,•q(.��T Sa9 _":',110,:. - c,,,,,r,114„../'.1.1r: 11.7: )1,-. 49 C ',,ii 4F Stet. of Placid*, County of 1'111011AS. SS. Personally . appeared before no the undersigned authority, thin day of July,' 1917, M. Flint ' to no yell known to be the President of the Pain inrestment Company, • corporation. and Claude Flint to ne well known tO be the Secretary or arid corporetion, who severally eCienowledged that the3er- ecuted the foregoing deed as the President and Secretary respectively, for and on LOA', of said corporation, and in its act And deed and no their own free net and deed, for the uses and purposes therein expressed; that they lid to under tad by virtue of Authority lawfully conferred upon then by mid cooperatIon; that the tat so-exed thereto is the true and genuine corporate Seel or sold corporation, eni was affixed thereunto by tn Secretary, he heing the proper custcdten therelf. -witness ny hand end of:trial s••1 th. date afor-seld. M. Endicott i:otary Pun ic my lonniesich expires Cct. l5-1,17. Piled July 30th. 1l7 J. N.bruvr, fl•dy, naniel 0. e. 17i1S. Muds and entered into r t''. Oer of Ju17 19!7, by and between . Rebert. Sever Mose., Joined. hv 0. r P,sbend, C-orlls 7. Us.s,e, C. frpp.rcl If f, ^arede..p.,rtiss et t.00 first pirt end Th. unn of fleareestr, 1 nontcipel no'* tim. In Pis,: i'cooty...10.cride, o' to second pert; 'ohn '.'e fn:n P ishel 1, party cf Frrle t. t,rr, p. rt or t,c 'if our th ;art; 00.0.0 ,r the ':'t p,,t; !Intl T. tool act, ;,..rty of t. ototu part, witheeseth thot, n th 12th. lapo f 'ogolt the ,f 'I 4f 1! f 'led its bill of Partition in t fi ion of fn-lies en'-, ;rtd., to ,honr.ry. vs .",stir -Who'll .t a', rod 171!.=_Tr the r inA ft. 0 an t.a f'1.:th. day :f more+, '00000 0 073 ore In doily erh:c Int, d, glade 00, 10 whlrh old report in led to Ulhot.s 54cik '2', Foos i and ILI:, rec raw of Acid Court and Witch shin reoiocrt wen thereinafter doly c,nfino.ed dy the fourt In and by whir?, Proceedings eort•th ienorined . A rurniti,nea !I.. parties to said pro- Ceiling', and ' SXFPEAS the ,..-',terty It.lolrfter d,serlhod W., L. and by said proc,^41nes, set over to the • lot:Lien by the dentription as hereinafter set forth, and fiNE3FAS on account of failure of the Clerk or the Court to properly docket certain f the field proceedings, there has opts.. a qUestiOn at to the sufficiency of the proceedings as to he partial of the first pert herein, end the parties of the tint, port having Accepted Said decree,' *Sires to confirm the sane and justifying the parties of the tand, third. foorth, fifth and irth pert herein In the title. 7415 occrtIrRs wirin.wrt: t.r.•t. for and in Achstderation of the prwmiies, the perttee of the trot part do hereby accept and acknowledge thy proeeedings in the suit hereinbefore mentioned to be orr.ot and for that pUrposs, do hereby reale,: release and qat It-cl ales unto the paiLien of the toond, third. fourth. fifth and eleth pert, and their heirs, •soigne and stiteeei.ors:'ell ;he' Attachment B Page 16 of 19 Sovereignty Submerged Lands Lease No. 520010893 .ia.a r•')3n•pide} as1 4u)I� �ioft l y))tt to"�asp,'to £ha p► 4 as ?.ft: hs ;I r .Lx C ••a nut oi'I' „Cy'`Yi��3ttt bf? �Lb.+,L'7Crj^ {.1 rY� ♦ ' L;r•`)•v1•lr') -! > Sautb,850 lee} arson. a..ht L,y;3 8acti plr Tomiahip 8. ;Rand. 1p• 8 bounded'bby' r'wM,f `' r. it 't )� . "t''r; tyt)t 4,f azf q_,gp tl» . and C !. tsi.Baay �'ths Pte! and - t I e t t .,r , of +� f t hTntnot } a J - 'qo �M ¢c.,TJ of t t�tir4 yn 7,3u iaa at a gola 15715 T, kor tL of the South boundary ltne ot,Ooosrnaent`Lat 3, 9lrytiat 8 dr}un'Irg- .ltorbb 025 -lent and extending trca and sx r y' " t x ''jj `botadod by •the ratara'•ot the Oulf of Mo on the Scat and eater. of CI .aiwater Say on the East•' and be lnd in ° Tpi 29 8. R.M. 1S B . •' .4 i ).. xd :.l 1 t l y.� t � To the pertiss of the fourth part th. North 252 teat of doveroJa.nt •Lot 3 of - etiox. Sr.anti the South 248 fart of Qo•arca:nt Lot •6of. 8ectiop 5 Township 25.'8 Rinse -15 E. bounded the 5..','by. the re!t.pot ths,QOulf of )lexiop` and on the Snot, tjyalearwatir 'Doi, and `•To.the part ley of they'fift(t -part; beginning 'at a potatr 240 tett North of the South Boundary Lift. of Qo■remoont Lot 6 ;Sootioi 3, 4.126 running.Nertije 50f{J.et and extending. freen the • water. of the (hilt of lbaop' on :the Neat'to the liters of - Clearwater Nay on the Raet,•117 in Sect ton 5, Township 29 3. Range 15 N. and . To the parties of the sixth part, b.t'inning at a point .of 741 feet North of the ' South .Boundary lino of Covertvanxt {.ot 6 and running North 1042 tett and Wending froo the waters of Gulf or tteztoo on the - -tl. at to %b. waters . of Clearwater pay' oa :the East, he Bag iet Section. 5, Township 29 3. Rands 15 8. tog.th.r pith Ube ripsalan rights 'p.rtaintpg to said property. TO HAYS AND tQ BOLD unto the 'aid parties of the second, third, fourth, fifth and sixth part, together lrlth every right,• title, interest,' claire and demand of the ''parties at the first part, either to ls. or I. equity In and to the ;suns. _ --• . ii is intended by this in.trwaent to release 'any interest of the partly, of t2+- -• rirat part. In and to the lends sat apart In the aforesaid proceedirs a.ntioned above to the parties: of the second, third,•fourth, fifth. and sixth port, or to t'nir successors in in".eras4•in the event any or the .said` parties shah -haws swede deed to any part Or 3.14 prtp.rty. • ` „ft. IS 7I•f'IES4 iNi ErF tto parties or the first pert, he . hereunto not the IT hands 1. and sarIs, this the day and year aforesaid. Rrberte Davey Mss (5 °AL) S ITNVSSSt • • • Ches. P. Upson • - (SEAL) Thos. St.ddert J. leder* DOMINION OP. CANADA . ._ PROVIDCR OP ONTARIO •,.. • — • • • I hereby o rtlty thatDitor, us, the undersigned eut'ority personally appeared,. Cb.rles P: Mason and Roberts Davey Laaon, his "wife, known team and known to be the peraens lop axeaut.d tpe foregoing fartroteent. and separately acknowledged the iieeuttoa thereof to be • their tree set and dead fo » r ..t nays and purposes 'therein oat- forth. That Roberta 0500 Mesta. on en .xeainati • taken and boa aeparat.ly and apart from her husband, acknowledged that she executed the.eane for the purpose at relsasinewhatever title she night have is and to the said property to the Berries therein•. deso$thed, :freer and voluntarily without any eanpulsioh, ooastratnt and apprehension or tsar• of 'f. or trim bay said'SUiband, % wiTtstSs MY RAND AND OPPICIAL SEAL,•tato Sb. 25 day of July 1.917.-. • 4 .t Thos.•Stoddaft, watery- PUblip .. 'Hy Ctoseiesion held suiting the p1 GerikrnOr, p'rovinos,of pats! re Attachment B Page 17 of 19 Sovereignty Submerged Lands Lease No. 520010893 EXII1BJT A PARCEL NO. 1 Starting at the Sauthwesterly corner of Block 1 of SALERNO SH0R S, according to the plat thereof filed 2 Florida, re corderdin P1st Book 11, Page 33, Palm Beach County, 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 gay; (3) 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; (d) 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 s:ay for public roads no existing, but including all riparian rights thereunto appertaining. I'ARCLL N0. 2 Thi South ISO feet of the hest Halt of Block 1, and the South 150 feet of the hest 5 feet of the as Half of Block 1, Salerno Shores, according to the pint thereof filed 2 March 1 +525, and recorded in Plat Book 11, Page 33, public records of Palm Beach County, Florida. 510 'i'•F15598 Attachment B Page 18 of 19 Sovereignty Submerged Lands Lease No. 520010893 c-o.v 6 /0c, r1 SiDr5TOR, mo<114 th 1,0 9ils day ofvreaber, A !) t i7 betaosiC, tit*/ ontlitafiedi '1. T. to!. the Denny r Jaelisoni'lltstd;Of ifintaiesti Sit i eArviit.tlesolast.irt ...and testament of Augtin Xivehalla ditties, artlei of the first putt, pied s iiiiNfilleiftes ectinielpal terporation, created said on'tot 4O Uwe of 4. etoioi Ot erecnd party 4. lyiTrE9TRITit that the partite* of the flint liart, for and in •assitteratien Of the ewe of (41; roller (44.1,0) and other valuable consideration, in 'fiend paid by the 6.14 party et ,tbe imeond part, the reeelft whirler in hereby actneeledged, have reteiged, feleased, and wilt-ale Load, •and by %bean preeerts de remise, 0•41,ro, :re the party of the oSiond part, it* su•teesors•and a-- tr"- fertver, all the right, title, intereat, and demand; Wttah the rat&partles of the • 7 ; '" • tt. the foilesing lot, irest, or•werssi eland, Izetm sing aelJciste ;'d'• • • in the edUtIty of Pinellas. State of Plerlde, to watt . / . • facet of government 114ZW',44130friCrall)P40,400110,41641t*Iritilfre' rindilos • Pounty, F1 ort4e. :.• TO HAVE ArlD TO Ant/ the sane, and all the entito, right, title, interest, and cicala seer of the parties or the first part, either in law or in equity, is the only proper use, herpitit and behrot pt cold party of the reorne part, its sutesenorn and *soigne, farever." ill I T',fl TrArliP:OP: the sale part tea of the fleet part have hereunto oat their -hands and ,pule this the 417 any !err tiret above icritten. in tl4 presonse of tie' J. V . r itrt, al ( co al) to. ittomi U‘tlen (tool) F. A' , Ferguson Mt MI OF tr'f," r', rtt'.10:1*.117 tetere Mishall axe Varian hie wife, to Re Vail kavorh to he the 1, :eribee IA *Ad woo executed the foregoing inifteusent, and Severally sok- HAI:lodged that they szetutel the rent, as devisees Irides* the last will Icipi testament of Attitis . ,:etettred, freely enl voluntarily far the Sada and purposes thlrein expre.sritd._ Mtn t purron entin that the said'ilatiees.94, Kimball, inem to me to be thealfe of ties ' 'Said ,i,itsivied141), en S separate end pfivato ■issinntion, taken and made by and before Iropetrais- t ly end apart treat her sold husband, dtd.aekneitodwi: that she esseuted the foregoing deed t or the Vapors of reieasing, r linqutwhins, allosatisi and Cool-eying, all her right, title, and interest, eth+1.',M, of donor, lconeetind et ,of repasts iceoperty, statutsry or •1-2.4.table, in and to the lands . itoserthed thereto, and that she exteuted, c.ld dad 'freely and voluntarily. and without any tascOul- . ,saon, constraint, apprehension. or fear, of OP from her said huobahri. M1I hand and vfrielal seal .et Floats City in the County of Sallkson, .8tate at ". Its,aconci, this the 9th dry of lioreesSer, A.D. 1917. Iii .!, Attachment B Page 19 of 19 Sovereignty Submerged Lands Lease No. 520010893