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SUBLEASE AGREEMENTThis Sublease was prepared by: Jay Sircy, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 AID#37550 PNS 1 [ 2,386 square feet +/-1 CITY OF CLEARWATER, FLORIDA SUBLEASE AGREEMENT Sublease Number 4799-01 THIS SUBLEASE AGREEMENT is made and entered into this JC! a y of J , 20j�, between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation hereinafter referred to as "SUBLESSOR", and U.S. NATIONAL SENIOR SPORTS ORGANIZATION, INC., a Florida nonprofit corporation, its successors and assigns, hereinafter referred to as "SUBLESSEE". WITNESSETH: In consideration of the covenants and conditions set forth herein SUBLESSOR subleases the below described premises to SUBLESSEE on the following terms and conditions: 1. ACKNOWLEDGMENTS: The parties acknowledge that title to the subleased premises is held by the Board of Trustees of the Internal Improvement Trust Fund (TRUSTEES) and is currently managed by SUBLESSOR for use as trail support activities under TRUSTEES' Lease No. 4799 2. DESCRIPTION OF PREMISES: The property subject to this sublease, is situated in the County of Pinellas,.State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "subleased premises". 3. TITLE DISCLAIMER: SUBLESSOR does not warrant or guarantee any title, right or interest in or to the subleased premises. 4. SUBLEASE TERM: The term of this sublease shall be for a period of ten years (10) years commencing on May 1, 2018 and ending on April 30 , 2028 , unless sooner terminated pursuant to the provisions of this sublease. 5. PURPOSE: SUBLESSEE shall manage the subleased premises only for the establishment and operation of its non- profit headquarters office, along with other related uses necessary for the accomplishment of this purpose as designated in the Operational Report required by paragraph 22 of this sublease. 6. CONFORMITY: This sublease shall conform to all terms and conditions of that certain lease between the TRUSTEES and SUBLESSOR dated August 16, 2017, a copy of which is attached hereto as Exhibit "B", and SUBLESSEE shall through its agents and employees prevent the unauthorized use of the subleased premises or any use thereof not in conformance with this sublease. 7. QUIET ENJOYMENT AND RIGHT OF USE: SUBLESSEE shall have the right of ingress and egress to, from and upon the subleased premises for all purposes necessary to the full quiet enjoyment by said SUBLESSEE of the rights conveyed herein, subject, however, to any pre-existing easements, rights-of-way and other third party interests which were in existence at the time that the subleased premises were conveyed to SUBLESSOR and which, pursuant to the terms of the operative instruments, remain in full force and effect. 8. ASSIGNMENT: This sublease shall not be assigned in whole or in part without the prior written consent of SUBLESSOR and the TRUSTEES. Any assignment made either in whole or in part without the prior written consent of SUBLESSOR and the TRUSTEES shall be void and without legal effect. 9. RIGHT OF INSPECTION: The TRUSTEES and SUBLESSOR or their duly authorized agents, representatives or employees shall have the right at any and all times to inspect the subleased premises and the works and operations of SUBLESSEE in any matter pertaining to this sublease. 10. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of SUBLESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of SUBLESSOR as to purpose, location and design. Further, no trees, other than non-native species, shall be removed or major land alterations done by SUBLESSEE without the prior written approval of SUBLESSOR. Removable equipment and removable improvements placed on the subleased premises by SUBLESSEE and which do not become a Page 2 of 27 R 04/15 Sublease No. 4799-01 permanent part of the subleased premises will remain the property of SUBLESSEE may be removed by SUBLESSEE upon termination of this sublease. 11. INSURANCE REQUIREMENTS: During the term of this sublease SUBLESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the subleased premises. The liability insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the subleased premises. During the term of this sublease, if Section 768.28, Florida Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein, SUBLESSEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name SUBLESSOR and the State of Florida as additional insureds. SUBLESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this sublease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. SUBLESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. SUBLESSEE shall immediately notify SUBLESSOR and the insurer of any erection or removal of any building or other improvement on the subleased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. SUBLESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this sublease. 12. INDEMNITY: In consideration of the privileges herein granted, SUBLESSEE hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, save and hold harmless the State of Florida, TRUSTEES, and SUBLESSOR from any and all claims, costs, expense, including attorney's fees, actions, lawsuits and demands of any kind or nature arising out of this sublease. SUBLESSEE shall contact SUBLESSOR and TRUSTEES regarding the legal action deemed appropriate to remedy such damage or claims. SUBLESSOR and TRUSTEES shall have the absolute Page 3 of 27 R 04/15 Sublease No. 4799-01 right to choose its own legal counsel in connection with all matters indemnified for and defended against herein at SUBLESSEE'S expense. 13. PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSOR shall assume full responsibility for and shall pay all liabilities that accrue to the subleased premises or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the subleased premises. 14. NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this sublease shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of SUBLESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by SUBLESSOR. 15. TIME: Time is expressly declared to be of the essence of this sublease. 16. BINDING EFFECT AND INUREMENT: This sublease shall be binding on and shall inure to the benefit of the successors, governmental and corporate sublessees and assigns of the parties hereto, but nothing contained in this paragraph shall be construed as a consent by the TRUSTEES and SUBLESSOR to any assignment of this sublease or any interest therein by SUBLESSEE. 17. NON-DISCRIMINATION: SUBLESSEE 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 subleased premises or upon lands adjacent to and used as an adjunct of the subleased premises. 18. UTILITY FEES: SUBLESSOR shall not be required to furnish to SUBLESSEE any services of any kind whatsoever during the term of this sublease except the SUBLESSOR shall furnish to SUBLESSEE water. SUBLESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, and other public utilities to the subleased premises and for having all utilities turned off when the subleased premises are surrendered. 19. MINERAL RIGHTS: This sublease does not cover petroleum or petroleum products or minerals and does not give the right to SUBLESSEE to drill for or develop the same. However, SUBLESSEE shall be fully compensated for any and all Page 4 of 27 R 04/15 Sublease No. 4799-01 damages that might result to the subleasehold interest of SUBLESSEE by reason of any such exploration and recovery operations. 20. RIGHT OF AUDIT: SUBLESSEE shall make available to the TRUSTEES and SUBLESSOR all financial and other records relating to this sublease, and the TRUSTEES and SUBLESSOR shall have the right to audit such records at any reasonable time. This right shall be continuous until this sublease expires or is terminated. This sublease may be terminated by SUBLESSOR should SUBLESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this sublease, pursuant to the provisions of Chapter 119, Florida Statutes. 21. CONDITION OF PROPERTY: SUBLESSOR assumes no liability or obligation to SUBLESSEE with reference to the condition of the subleased premises or the suitability of the subleased premises for any improvements. The subleased premises herein are subleased by SUBLESSOR to SUBLESSEE in an "as is" condition, with SUBLESSOR assuming no responsibility for bidding, contracting, permitting, construction, and the care, repair, maintenance or improvement of the subleased premises for the benefit of SUBLESSEE. 22. OPERATIONAL REPORT: SUBLESSEE shall prepare and submit an Operational Report to the TRUSTEES and SUBLESSOR within one year of the effective date of this sublease. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Operational Report for the subleased premises. The Operational Report shall be submitted to the SUBLESSOR in draft form for review and comments within ten months of the effective date of this sublease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the subleased premises. SUBLESSEE shall not proceed with development of the subleased premises in any way including, but not limited to, funding, permit application, design or building contracts, until the Operational Report required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this sublease shall be done at SUBLESSEE'S own risk. The approved Operational Report shall provide the basic guidance for all activities conducted on the subleased premises. SUBLESSEE shall not use or alter the subleased premises except as provided in the approved Operational Report without the prior written approval of the TRUSTEES and SUBLESSOR. 23. NOTICES: All notices given under this sublease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to Page 5 of 27 R 04/15 Sublease No. 4799-01 whom notice is to be given, as designated by such party in writing. SUBLESSOR and SUBLESSEE hereby designate their address as follows: SUBLESSOR: City of Clearwater, Florida 3204 Gulf to Bay Boulevard Clearwater, FL 33759 SUBLESSEE: National Senior Sports Association, Inc. 8919 World Ministry Avenue Baton Rouge, LA 70810-9006 With a mandatory copy to: Board of Trustees of the Internal Improvement Trust Fund c/o State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration 3800 Commonwealth Boulevard, M.S. 130 Tallahassee, Florida 32399-3000 24. DAMAGES TO THE PREMISES: (a) SUBLESSEE shall not do, or suffer to be done, in, on or upon the subleased premises or as affecting said subleased premises or adjacent properties, any act which may result in damage or depreciation of value to the subleased premises or adjacent properties, or any part thereof. (b) SUBLESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the subleased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this sublease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of SUBLESSEE'S failure to comply with this paragraph, SUBLESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the subleased premises, and (2) all off-site ground and surface waters and lands affected by SUBLESSEE'S such failure to comply, as may be necessary to bring the subleased premises and affected off-site waters and lands into full Page 6 of 27 R 04/15 Sublease No. 4799-01 compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. SUBLESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this sublease. This paragraph shall not be construed as a limitation upon SUBLESSEE'S obligations regarding indemnification and payment of costs and fees as set forth in paragraphs 12 and 13 of this sublease, nor upon any other obligations or responsibilities of SUBLESSEE as set forth herein. Nothing herein shall relieve SUBLESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by SUBLESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release or discharge of any contaminant, SUBLESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to SUBLESSOR, all within the reporting periods of the applicable agencies. 25. LAND USE PLAN: SUBLESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to SUBLESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of SUBLESSOR until the Land Use Plan is approved. SUBLESSEE shall provide SUBLESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to SUBLESSOR in draft form for review and comments within ten months of the effective date of this lease. SUBLESSEE shall give SUBLESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. SUBLESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by SUBLESSEE which are not in compliance with the terms of this lease shall be done at SUBLESSEE's own risk. The Land Use Plan shall emphasize the original management concept as approved by SUBLESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by SUBLESSEE and SUBLESSOR. SUBLESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of SUBLESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic Page 7 of 27 R 04/15 Sublease No. 4799-01 species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the SUBLESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease to establish all short-term goals developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The SUBLESSEE shall submit an updated Land Use Plan at least every ten (10 ) years from the execution date of the lease. 26. SURRENDER OF PREMISES: Upon termination or expiration of this sublease, SUBLESSEE shall surrender the subleased premises to SUBLESSOR. In the event no further use of the subleased premises or any part thereof is needed, SUBLESSEE shall give written notification to SUBLESSOR and the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 at least six months prior to the release of any or all of the subleased premises. Notification shall include a legal description, this sublease number and an explanation of the release. The release shall only by valid if approved by SUBLESSOR and the TRUSTEES through the execution of a release of sublease instrument with the same formality as this sublease. Upon release of all or any part of the subleased premises or upon termination or expiration of this sublease, all improvements, including both physical structures and modifications to the subleased premises, shall become the property of SUBLESSOR and the TRUSTEES unless SUBLESSOR gives written notice to SUBLESSEE to remove any or all such improvements at the expense of SUBLESSEE. The decision to retain any improvements upon termination of this sublease shall be at SUBLESSOR'S sole discretion. Prior to surrender of all or any part of the subleased premises SUBLESSOR shall perform an on-site inspection and the keys to any building on the subleased premises shall be turned over to SUBLESSOR. If the improvements do not meet all conditions as set forth in paragraphs 18 and 36 herein, SUBLESSEE shall pay all costs necessary to meet the prescribed conditions. 27. BREACH OF COVENANTS TERMS, OR CONDITIONS AND DEFAULT AND FORFEITURE: Should SUBLESSEE, at any time during the term of this sublease, suffer or permit to be filed against it an involuntary, or voluntary, petition in bankruptcy or institute a composition or an arrangement proceeding under Chapters 10 or 11 of the Bankruptcy Reform Act of 1978, as amended; or make any assignments for the benefit of its creditors; or should a receiver or trustee be appointed for SUBLESSEE'S property because of SUBLESSEE'S insolvency, and the said appointment not vacated within thirty days thereafter; or should SUBLESSEE'S sublease interest be levied on and the lien thereof not discharged within thirty days after said levy has been made; or should SUBLESSEE fail promptly to make the necessary returns and reports required of it by state and federal law; should SUBLESSEE fail promptly to comply with all governmental regulations, both state and Page 8 of 27 R 04/15 Sublease No. 4799-01 federal; should SUBLESSEE fail to comply with any of the terms and conditions of this sublease and such failure continues for thirty (30) days after SUBLESSEE'S receipt of written notice of the failure from SUBLESSOR; then, in such event, and upon the happening of either or any of said events, SUBLESSOR shall have the right, at its discretion, to consider the same a default on the part of SUBLESSEE of the terms and provisions hereof, and, in the event of such default, SUBLESSOR shall have the option of either declaring this sublease terminated, and the interest of SUBLESSEE forfeited, or maintaining this sublease in full force and effect and exercising all rights and remedies herein conferred upon SUBLESSOR. The pendency of bankruptcy proceedings or arrangement proceedings to which SUBLESSEE shall be a party shall not preclude SUBLESSOR from exercising either option herein conferred upon SUBLESSOR. In the event SUBLESSEE, or the trustee or receiver of SUBLESSEE'S property, shall seek an injunction against SUBLESSOR'S exercise of either option herein conferred, such action on the part of SUBLESSEE, its trustee or receiver, shall automatically terminate this sublease as of the date of the making of such application, and in the event the court shall enjoin SUBLESSOR from exercising either option herein conferred, such injunction shall automatically terminate this sublease. 28. BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best Management Practices for all activities conducted under this sublease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by SUBLESSOR, SUBLESSEE or other land managing agencies for the protection and enhancement of the subleased premises. 29. SOVEREIGNTY SUBMERGED LANDS: This sublease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 30. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the subleased premises is held by the TRUSTEES. SUBLESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the subleased premises including, but not limited to, mortgages or construction liens against the subleased premises or against any interest of the TRUSTEES and SUBLESSOR therein. 31. CONDITIONS AND COVENANTS: All of the provisions of this sublease shall be deemed covenants running with the land included in the subleased premises, and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. Page 9 of 27 R 04/15 Sublease No. 4799-01 32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this sublease shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33. ENTIRE UNDERSTANDING: This sublease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of the TRUSTEES and SUBLESSOR. 34. CONVICTION OF FELONY: If SUBLESSEE or any principal thereof is convicted of a felony during the term of this sublease, such conviction shall constitute, at the option of the TRUSTEES and SUBLESSOR, grounds for termination of this sublease. 35. EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted by TRUSTEES. SUBLESSEE is not authorized to grant any easements of any nature and any easement granted by SUBLESSEE shall be void and without legal effect. 36. SUBSUBLEASES: This sublease is for the purposes specified herein and subsubleases of any nature are prohibited, without the prior written approval of TRUSTEES and SUBLESSOR. Any subsublease not approved in writing by TRUSTEES and SUBLESSOR shall be void and without legal effect. 37. MAINTENANCE OF IMPROVEMENTS: SUBLESSEE shall maintain the real property contained within the subleased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, maintaining the planned improvements as set forth in the approved Operational Report, keeping the subleased premises free of trash or litter, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this sublease. SUBLESSOR shall be responsible for repairs greater than $500.00, with SUBLESSEE being responsible for all other obligations. 38. COMPLIANCE WITH LAWS: SUBLESSEE agrees that this sublease is contingent upon and subject to SUBLESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 39. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this sublease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Operational Report prepared pursuant to paragraph 18-2.018(3)(a), Florida Page 10 of 27 R 04/15 Sublease No. 4799-01 Administrative Code, may be reviewed by the State of Florida Department of State, Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the subleased premises. 40. GOVERNING LAW: This sublease shall be governed by and interpreted according to the laws of the State of Florida. 41. SECTION CAPTIONS: Articles, subsections and other captions contained in this sublease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this sublease or any provisions thereof. [Remainder of page intentionally left blank; Signature page follows] Page 11 of 27 R 04/15 Sublease No. 4799-01 CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation yy__ By: "CieDi tQ /‘CrG i'v (SEAL) Witness George N. Cretekos, Mayor Print/Type Witness Name Witness Print/Type Witness Name STATE OF FLORIDA COUNTY OF PINELLAS "SUBLESSOR" The foregoing instrument was acknowledged before me thisv day of ,20/8, by George N. Cretekos, as Mayor, of the City of Clearwater, Florida, a Florida municipal corporation, w is/are personally known to me or who has produced as Page 12 of 27 Sublease No. 4799-01 ication. 0 //r /IP v Notary Public, State of F orida Print/Type Notary Name Commission Number: Commission Expires: irNotary Public State of Florida Patricia A Kuligawski My Commission GG 131393 Expires 10/20/2021 R 04/15 City Signature Page Sublease Agreement between City of Clearwater and U.S. National Senior Sports Organization, Inc. Sublease Number 4799-01 Countersigned: -- qtAlle4ert\tt0j George N. Cretekos Mayor Approved as to form: uoi A44., Oven Kohler Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: L -e 6. i t64444) --e William B. Home, II City Manager Attest: Tot( Rosemarie Call City Clerk itnes�ct— ,1c.,- ) Print/Type Witness Name Witness C G..w cl-r Print/Type Witness Name STATE OF COUNTY OF U.S NATIONAL SENIOR SPORTS ORGANIZATION, a Florida nonprofit corporation By:% : �-� (SEAL) Marc T. Riker, Chief Executive Officer "SUBLESSEE" The foregoing instrument was acknowledged before me this 3 day of /Wye �7 ,20 /3 by Marc T. Riker, as Chief Executive Officer, of U.S. National Senior Sports Organization, a Florida rfonprofit corporation, who is personally known to me or who has produced Page 13 of 27 Sublease No. 4799-01 b4 as identification. Notary Public, State of F/brJo/w / �Print/Type Notary Name Commission Number: Commission Expires: :lit, Notary Public State of Florida Paul Roskey �` My Commission FF 993153 a n Expires 07/10!2020 R 04/15 Consented to by the TRUSTEES on r7 day of\.,) i.LN , 2Yg. APPROVED SUBJECT TO P By: DEP A OPER EXECUTION 04-27-2018 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: G4t4e�tI CherylT. McCall, ief, 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 Page 14 of 27 R 04/15 Sublease No. 4799-01 Page 15of 27 Sublease No. 479 EXHIBIT "A" Offices within: 3204 Gulf to Bay Blvd. Clearwater, Florida Exclusive Use: All of the 2nd Floor containing 2,386 SF a r 'p Ti:.4 4 V .p Obi +Uu fi 4 trf r r 10 I i A I v ev b•• 14. • • n. e E ti I ;e 2 s f! a 1111191 61 4 2;2!.:eZ?Will 2!T i!!!tftlin 3i fes }f!f!!1i1 fit! iIg:r, F:" 5411 a4?.SsST:ATiii 6 6 d-0 0.0 I EXHIBIT "B" This Lease was prepared by: Brad Richardson, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 AID# 32546 OALI [2.0 acres +1-] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lase Number 4799 f `' �� THIS LEASE AGREEMENT, made and entered into this 1011 * t` day of 2i by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and CITY OF CLEARWATER, FLORIDA, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease contains approximately 2.0 acres, is situated in the County of Pinellas, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter called the leased premises". 3. TERM: The term of this lease shall be for a period of 50 years commencing on uik Rt r Jon , and ending on IP5 2O(e7 unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: LESSEE shall manage the leased premises only for the establishment and operation of trail support activities, including but not limited to, a welcome center, parking, and restrooms, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. Page 16 of 27 Sublease No. 4799-01 S. OUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises Ear all purposes necessary to the full quid enjoyment by said LESSEE of the rights conveyed herein. f. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformity with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal efkct. & LAND USE PLAN: LESSEE shall prepare and submit a Land Use Plan for the leased premises, in accordance with Section 253.034, Florida Statutes. The Land Use Plan shall be submitted to LESSOR for approval through the Division of State Lands, State of Florida Department of Environmental Protection. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Land Use Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Land Use Plan for the leased premises. The Land Use Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Land Use Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE'S own risk. The Land Use Plan shall emphasize the original management concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Land Use Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter the leased premises except as provided for in the approved Land Use Plan without the prior written approval of LESSOR. The Land Use Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Land Use Plan. In accordance with Section 253.034, Florida Statutes, the LESSEE shall submit a Land Use Plan update at the end of the fifth year from the execution date of this lease to establish all short-term goals Page 2 of 12 Page 17 of 27 Sublease No. 4799-01 Lease Number 4799 ALD# 31449 developed under the Land Use Plan have been met in accordance with Section 253.034 (5) (i), Florida Statutes. The LESSEE shall submit an updated Land Use Plan at least every ten (10) years from the execution date of the lease. 9. EASEMENTS: AU easements of any nature including, but not limited to, utility easements are required to be granted by LESSOR. LESSEE is not authorized to grant any easements of any nature and any easement granted by LESSEE shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect 11. NIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees stall have the right to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT A(YQ REMOVAL OF IMPROVEMENTS: All buildings. structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees other than non-native species shall be removed or mejor land alterations done by LESSEE without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE before or upon termination of this lease. 13. INSURANCE REOUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. The liability insurance coverage shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. During the term of this lease, if Section 768.28, Florida Statutes, or its successor statute is subsequently amended to increase the amount of the liability coverages specified herein. LESSEE shall immediately obtain liability coverage for the increased amounts. Such policies of insurance shall name LESSOR and the State of Florida as additional insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date ofthis lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lends, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. In lieu of Page 3 of 12 Page 18 of 27 Sublease No. 4799-01 Lease Number 4799 AIM 31449 purchasing insurance, LESSEE may elect to self -insure these coverages. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self-insurance shall provide for casualty and liability coverage. I.LKSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: LESSEE shall ass* in the investigation of injury or damage claims either for or against LESSOR or the State of Florida pertaining to LESSEE'S respective areas of responsibility under this lease or arising out of LESSEE'S respective management programs or activities and shall contact LESSOR regarding the legal action deemed appropriate to remedy such damage or claims. LESSEE is responsible for, and, to the extent allowed by law, shall indemnify, protect, defend, save and hold harmless LESSOR and the State of Florida, its officers, agents and employees from any and all damages, claims, costs, expense. including attorney's fees, demands, lawsuits„ causes of action or liability of any kind or nature arising out of all personal injury and property damage attributable to the negligent acts or omissions of LESSEE, and its officers, employees, and agents. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768/8, Florida Statutes, as amended Som time to time, or any other law providing limitations on claims. In the event LESSEE subcontracts any part or all of the work performed inthe leased premises, the LESSEE shall require each and every subcontractor to identify the LESSOR as an additional insured on all insurance policies required by the LESSEE. Any contract awarded by LESSEE for work in the leased premises shall include a provision whereby the LESSEE'S subcontractor agrees to indemnify, pay on belaif, and hold the LESSOR harmless for all injuries and damages arising in connection with the LESSEE'S subcontract. 1S. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all taxes. assessments, liens or other similar liabilities that accrue to the leased premises or to the improvements thereon arising after this lease commences, including any and all ad valorem taxes and drainage and special assessments or personal property taxes of every kind and all construction or m aterialman's liens which may be hereafter lawfully assessed and levied against the leased premises subsequent to the effective date of this lease. In no event shall the LESSEE be held liable for such liabilities which arose prior to the effective date of this lease. Page 4ofl2 Page 19 of 27 Sublease No. 4799-01 Lease Number 4799 AID# 31449 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. 1S. NON-DISCRIMINATION. 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 leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having the utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to audit such records at any reasonable time during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PRElg1SES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is. condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. Page 5of12 Page 20 of 27 Sublease No. 4799-01 Lease Number 4799 AID# 31449 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR LESSEE: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, MS 130 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 City of Clearwater, Florida 3204 Gulf to Bay Boulevard Clearwater, FL, 33759 25. BREACH OF COVENANTS. TERMS. OR CONDITION4: Should LESSEE breach any of the covenants, teens, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, alt as amended or updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, Page 6 of 12 Page 21 of 27 Sublease No. 4799-01 Lease Number 4799 ADO 31449 assessment, cleanup, decontamination, remediation, restoration and monitoring of (l) the leased premises. and (2) all off-site ground and surface waters and lands affected by LESSEE'S such failure to comply, as may be necessary to bring the leased premises and affected off-site waters and lands into full compliance with all applicable federal, state or load statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to die occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon LESSEE'S obligations as set forth in paragraph 14 of this lease, nor upon any other obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused direcdy or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. This paragraph shall not be deemed to apply to any conditions existing prior to the effective date of this lease. 27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 28. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the lased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department ofEnvironmental Protection ("Division"), Mail Station 130, 3800 Commonweahh Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease instrument with the same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall beoome the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sok discretion. Prior to surrender of all or any part of the leased premises a representative of the Division shall Page 7of12 Page 22 of 27 Sublease No. 4799-01 Lease Number 4799 AID# 31449 perform an on-site inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements do not meet all conditions as set forth in paragraphs 19 and 36 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 29. !MST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for alt activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR, LESSEE or other land managing agencies for the protection and enhancement attic leased premises. 30. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and subsequently designate to the respective arthropod control district or districts within one year of the effective date of this lease all of the environmentally sensitive and biologically highly productive lands contained within the leased premises, in accordance with Section 388.4111, Florida Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of obtaining a public lands arthropod control plan for such lands. 31. PROHIB1TiONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or a cumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder ofthe provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obtiga ions pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division ofHistorical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identity, protect and preserve the archaeological and historic sites and properties on the leased premises. 34. SOVEREIGNTY SUBMERGED LAND: This lease does not authorize the use of any lands looted waterward of the mean or ordinary high water line of any lake, river, stream, creek bay, estuary. or other water body or the waters or the air space there above. Page 8 of 12 Page 23 of 27 Sublease No. 4799-01 Lease Number 4799 AIN 31449 35. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises end the improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, maintaining all planned improvements as set forth in the approved Land Use Ptah, and meeting all building and safety codes. LESSEE shall maintain any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 37. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 38. SIGNS: LESSEE shall ensure that the area is identified as being publicly owned and operated as a public facility in all signs, literature and advertising. If federal grants or Herds are used by LESSEE for any project on the leased premises LESSEE shall erect signs identifying the leased premises as a federally assisted project. 39. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 40. ADMINISTRATIVE FL: LESSEE shall pay LESSOR an annual administrative fee of S300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July Ito June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 41. BIGHT OF TERMINATION: Anything contained in this lease to the contrary notwithstanding, LESSOR shall have the right and option to terminate this lase, at will, for any reason whatsoever, by giving the LESSEE written notice of such election to terminate at least six (6) months prior to the effective date of such termination. LESSEE shall continue to honor its obligations under the lease until the effective date of the termination, including LESSEE's obligations concerning surrender of the leased premises. [Remainder of parge intentionally left blank; Signature page follows) Page 9of12 Page 24 of 27 Sublease No. 4799-01 Lease Number 4799 AID# 31449 IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA BY: U'UJL (jt( Cheryl C. M Chief, Bureau of Public Land Administration, Division of State 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 (SEAL) rk The foregoing instrument was acknowledged before me this 1" day of , 20 11 by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State o lor•da Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the t Improvement Trust Fund of the State of Florida She is personally known to me. "LESSOR" APPROVED SUBJECT OPER EXECUTION: DEP L Page 10 of 12 Page 25 of 27 Sublease No. 4799-01 06-05-2017 Date e of Florida Lease Number 4799 AID# 31449 Countersigned: —ckto r'Ur A445 George N. Cretekos Mayor m. sag • Assistant City Attorney STATE OF Fforidk" COUNTY OF –fi4%4t,LlAS CITY OF''CLEARWATEER, FLORIDA By: bJLIA. 6,t54.. William B. Horne, II City Manager The foregoing instrument was acknowledged before me this I day of ,20n , by William B. Horne, II and Rosemarie Call, as City Manager and City Clerk, respectively, for and on behalf of the City of Clearwater, Florida. They are personally known to me. 66\ bAk Notary Public, State o Florida Printed, Typed or Stamped Naazne My Commission Expires: t4.),=11-1 Commission/Serial No. F O 44" KAREN S VAuaww MY COMhMSSION I FF 046854 '3;. i EXPIRES: December 20, 2017 .,;q✓pk'„ Bended Ttuu Notary Pubbc Underwriters Page 11 of 12 Lease Number 4799 AID# 31449 Page 26 of 27 Sublease No. 4799-01 EXHIBIT "A" The following lands located in Pinellas County, Florida: Beginning at the SW coma oldie SE1/4 of NW %. of Section 16, Township 29 South, Range 16, East, said corner being the SW corner of US Lot No. 2 and also being the point of intersection of the centerlines of the Haines Road and Gulf of Bay Boulevard; run thence North 30 West, 50 feet; thence North 87° East along the North right of way line of the Gulf to Bay Boulevard, 1320.5 feet to point of beginning, said point of beginning being the line dividing US Lots 2 and 3; run thence North 3° West and at right angles to the Gulf to Bay Boulevard, 200 feet; thence North 87° East and parallel with the Gulf to Bay Boulevard, extending 463 feet to the shore line of the Old Tampa Bay; thence southwesterly along the shore line of Old Tampa Bay to point of beginning, said parcel being a part of US Lot No. 3, Section 16, Township 29 South, Range 16 East. Page 12 of 12 Page 27of 27 Sublease No. 4799-01 GATE March 2, 2017 Lease Number 4799 A[D# 31449 THIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO BE RELIED ON BY ANY PARTY. Data Sources: 1) FDOT Survey 2) Florida Conservation Lands 3) NAVTEQ Roads 4) Bing Aerials u:ject 'arcel City/County Managed Conservation Lands Sublease 4799-01 Pinellas County, Florida Fde Location. \\FLDEPI\tech_cd\Counties \ Pinellas \FDOT Meese of lease 1760\Lease 4799\Lease 4799.msd Date Saved: 2/5/2018 25058 PM Map Created By: GW Stella