Loading...
SUBLEASE AGREEMENT NUMBER 4799-002This 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# 38875 PNS 1 [First Floor office space, 1,700 sq. st +/-1 CITY OF CLEARWATER, FLORIDA SUBLEASE AGREEMENT Sublease Number 4799-002 THIS SUBLEASE AGREEMENT is made and entered into this'7 day of /Y) 4-7' , 20 / 7, between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation hereinafter referred to as "SUBLESSOR", and GREATER CLEARWATER CHAMBER OF COMMERCE, INC., a Florida not for profit 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 /11» 7 / .2c3 / and ending on "271/9->o , 02 0-2 % , 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 a welcome center and trail restroom facility, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan 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 26 R 04/15 Sublease No. 4799-002 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 26 R 04/15 Sublease No. 4799-002 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: SUBLESSEE 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 famish 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 26 R 04/15 Sublease No. 4799-002 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. 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 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 3204 Gulf to Bay Boulevard Clearwater, Florida 33759 SUBLESSEE: Greater Clearwater Chamber of Commerce, Inc. 600 Cleveland Street, Suite 204 Clearwater, Florida 33755 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 Page 5 of 26 R 04/15 Sublease No. 4799-002 23. 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 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. Page 6 of 26 R 04/15 Sublease No. 4799-002 24. 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 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. 25. 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 Page 7 of 26 R 04/15 Sublease No. 4799-002 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. 26. 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 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 Page 8 of 26 R 04/15 Sublease No. 4799-002 such application, and in the event the court shall enjoin SUBLESSOR from exercising either option herein conferred, such injunction shall automatically terminate this sublease. 27. BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best Management Practices for all activities conducted under this sublease in compliance with paragraph 18-2.018(2Xh), 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. Page 9 of 26 R 04/15 Sublease No. 4799-002 35. 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. 36. 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 Land Use Plan, 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. 37. 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. 38. 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 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, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 39. GOVERNING LAW: This sublease shall be govemed by and interpreted according to the laws of the State of Florida. 40. 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 10 of 26 R 04/15 Sublease No. 4799-002 CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation By: (SEAL) Witness George N. Cretekos, Mayor Print/Type Witness Name Witness Print/Type Witness Name STATE OF FLO COUNTY OF ht ei The foregoing instrument was acknowledged before me this day of Cretekos, as Mayor, of the City of Clearwater, Florida, a Florida municipal corporation who has produced as i ' ti ' ation. **SEE BELOW FOR CITY OF CLEARWATER SIGNATURES** "SUBLESSOR" Countersigned: —ckeow\ct t\ILVos George N. Cretekos Mayor App S astof Gni Owen Kohler Assistant City Attorney Page 11 of 26 Sublease No. 4799-002 20/"), by George N. ho is personally known to me or Commission Number: Commission Expires: CITY OF CLEARWATER, FLORIDA By: Attest: ?AUL.. hioa-ixtr2L— William B. Home II City Manager �d-C/1'tQkC, Rosemarie Call City Clerk R 04/15 rin pe Witness Name Nl Ci i rint/Type itness Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , .' ,20 `by Carol Hague, as President, for and on behalf of Greater Clearwa Chamber of Commerce, Inc., • Florida not for profit corporation, who is personally known to me or who has uced , j 1 as identification. GREATER CLEARWATER CHAMBER OF COMMERCE, INC., a Flo oda not for profit corporation By Carol Hague, P "SUBLESSEE" (SEAL) otary Public, to • f Florida aJ, -ewe Print/Typ tary Name Commission Number: Commission Expires: Page 12 of 26 Sublease No. 4799-002 :*.V.;i'fiz?, DARRYL J. HENDERSON .: = Commission # GG 265864 :a, Expltes February S, 2423 Bonded They Troy Fea Insurence0003 .7010 R 04/15 Consented to by the TRUSTEES on day of /71 i - t , 20/ APPROVED SUBJECT TO P ; OPER EXECUTION By: DEP 03-27-2019 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: Chery C. McCall, C of Public Land Adminis ation, Division of State L. • 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 13 of 26 R 04/15 Sublease No. 4799-002 EXHIBIT "A" Offices within: 3204 Gutf to Bay Blvd. Clearwater, Florida Exclusive Use of all of first floor containing 1,700 SF 1 31i Page 14 of 26 Sub ease No. 4799-002 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 +/-] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease Number 4799 rrt1 THIS LEASE AGREEMENT, made and entered into this I �1'1 day of 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 teens 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 fora period of 50 years commencing on PlUgU kt I(o, 030t1 , and ending on kS 20(Q1 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 15 of 26 Sublease No. 4799-002 S. OUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, tam and upon the leased premises fbr all purposes necessary to the MI quiet enjoyment by said LESSEE of the rights conveyed herein. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized thorized use of the leased premise: or any use thaeof 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 cons of LESSOR shall be void and without legal effect. 8 LAND USE PLAN: LESSEE shall prepare and subunit 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 that what is necessary for security and maintenance of the lased promises 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 lased premises. The Land Use Plan shall be submitted to LESSOR in drat 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 herrings 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, finding, 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 managemon 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 stnitegies 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 Phut 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 16 of 26 Sublease No. 4799-002 Lease Number 4799 Alta 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. $ASEMENTS: All easements of any nature including, but not limited to, utility mamas are required to be panted by LESSOR. LESSEE is not authorized to pant any easements of any nature and any easement granted by LESSEE shall be void and without legal effect. 10. $UBLEASES: This lease is for the purposes specified herein and subleases of any natore 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. RICHT OF INSPECTION: LESSOR or ib duly authorized agents, representatives or employees shall 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 AND REMOVAL OF IMPROVEMENTS: All buildings, structure 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 mayor 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 pennant part of the leased premises will renin the property of LESSEE and may be removed by LESSEE before or upon termination of this lease. 13. INSURANCE REOUIREMF.NTS: 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 loafed on the leased pretnises. The liability insurance coverage sba11 be in amounts not Tess than $200,000 per person and 8300,000 per incident or ocaantence for personal injury, death, and property damage on the leased premises. During the term of this lease, if Section 76828, 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 inswance 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 Admisisnatios, Division of State Lands, State of Florida Department of Environmental Protection, Mali Station 130, 3800 Commonweal h Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a fmaacially-responsible insurer duly authorized to do business in the State of Florida. In lieu of Page 3 of 12 Lease Number 4799 AIDS 31449 Page 17 of 26 Sublease No. 4799-002 purchasing insuuaace, 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-insuraooe shall provide for casualty and liability coverage. LESSEE 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 insaaar 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 cxdifcatte in the amounts set forth shall constitute a breach of this lease. 14. LIABILZ Y: LESSEE shall assist in the investigation of injury or damage claims ether 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 prog ens 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 front 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 attnlbutable to the negligent acts ar 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 7611.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. In the event LESSEE subcontracts any part or all of the work performed in the leased premises, the LESSEE shall require each and every subcontractor to identity the LESSOR as an additional insured on all insurance policies requited by the LESSEE. Any contract awarded by LESSEE for work in die leased premises shall include a provision whereby the LESSEE'S subcontractor agrees to indemnify, pay on belay and hold the LESSOR harmless for all injuries and damages arising in connection with the LESSEE'S subcontract 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all taxes, assessments, liens or other similar liabilities that accrue 10 the leased premises or to the improvements thereon arising after this lease commences, including any and all ad valoran taxes and drainage and special rests or personal propaty taxes of every kid and all cotslrnction or materialmads 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 aurae prior 10 the effective date of this lease. Page 4of12 Page 18 of 26 Sublease No. 4799-002 Lease Number4799 AID# 31449 16. JktO WAIVER OF BREACH: The failure of LESSOR to insist ins 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 coveants, trams or condition, but the same shall continue in full farce and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to Imre been made unless the waiver is set forth in writing, signed by LESSOR. 17. Tune is expressly declared to be of the essence of this lease. 18. PION -DISCRIMINATION,: LESSEE shall not discriminate against my individual because of that individual's race, color, religion, sex, rational 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 mans 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. J,tIGHT 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, papas, letters or other materials made or received in conjunction with this tease, pursuant to the provisions of Chapter 119, Florida Statutes. 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation 10 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 core, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WTI'H LAWS: LESSEE agrees that this lase is contingent upon and subject to LESSEE obtaining all applicable pennits and complying with all applicable permits, regulations, ordinances, mules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. Page 5 of 12 Page 19 of 26 Sublease No. 4799-002 Lease Number 4799 AID# 31449 24. 74OTICS: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of eny 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 CONDITIONS: Should LESSEE breach any of the covenants, terms, 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 troII force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE_PREMISBS: (a) LESSEE shall not do, or suffer to be done, in, on or upon the lased 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 aro 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 stattde, 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 LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, prompdy commence and diligently pursue any legally required closure, investigation, Page 6 of 12 Lease Number 4799 ALDO 31449 Page 20 of 26 Sublease No. 4799-002 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 LESSEES such failure to comply, as may be necessary to bring the leased premises and affected off-site waters and lands into fill 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 a 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 directly or indirectly by LESSEES 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 spot be deemed to apply to any conditions existing prior to the effective date of this lease. 27. ENVIRONMENTAL AUDIT: Al 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 die leased premises to LESSOR In the event no ting use ofthe 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 of Emriroumcntal Protection ("Division"), Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at last 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 dais lease, all improvements, including both physical structures and modifications to the leased premises shall become 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 solo discretion. Prior to surrender of all or any part of the leased premises a representative of the Division shall Page 7 of 12 Lease Number 4799 AIDS 31449 Page 21 of 26 Sublease No. 4799-002 perform an on-site inspection and the keys to any building on the leased premises shall be tumid 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. $EST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2Xh), Florida Administrative Code, which have been selected, developed, or approved by LESSOR, LESSEE or other land managing agencies for the protection and enhancement of the 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. PROHIBITIONS 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 encumbrance 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' 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 lea+ been obtained from the State of Florida Department of State, Division of Historical 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 loate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 34. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located wateiward 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 Lease Number 4799 Am# 31449 Page 22 of 26 Sublease No. 4799-002 35. iNTIRE UNDERSTANDING: This lease sets forth the entire understanding between the patties 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 and 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 Plan, 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 Rinds 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 Fla LESSEE shall pay LESSOR an annual administrative fee of $300 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 I to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 41. RIGHT OF TERMINATION: Anything contained in this lease to the contrary notwithstanding, LESSOR shall have the right and option to terminate this lease, 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 effctive date of the termination, including LESSEE's obligations concerning surrender of the leased premises. [Remainder of page Intentionally left blank; Signature page follows) Page 9 of 12 Page 23 of 26 Sublease No. 4799-002 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 (SEAL) BY:O,Lt `_. 4111 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 "LESSOR" The foregoing instrument was acknowledged before me this I day of . 20 11, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State o lorida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the ternal Improvement Trust Fund of the State of Florida. She is personally known tome. APPR ' VED SUBJECT OPER EXECUTION: 06-05-2017 Date Printed, Tye laa".• ff 4} ._ , KAfNY C SRIFRN My Co , a : i Countersigned: rrti1Cr tkik05 George N. Cretekos Mayor Assistant City Attorney STATE OF F lop 444542— COUNTY OF f ir't4•(S CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager The foregoing instrument was acknowledged before me this or r day of 1-1A-14-1 , 2011 , by William B. Horne, II and Rosemarie Call, as City Manager and City Cleric, respectively, for and on behalf of the City of Clearwater, Florida. They are personally known to me. Notary Public, State o Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No.F O If.ptiLgt .......yy.��p�.�.��p.- N..rr'riy��S KAREN B. VAUGHAN t 'x s MY COMPASSION A FF 0469x,4 .,�= EXPIRES: December 20, 2017 d, ` Bonded Nov Notary Pubic UndeNtraore Page 11 of 12 Lease Number 4799 AID# 31449 Page 25 of 26 Sublease No. 4799-002 EXHIBIT "A" The following lands located in Pinellas County, Florida: Beginning at the SW corner of the 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 3° 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. DATE: March 2, 2017 Page 12 of 12 Lease Number 4799 AMIE 31449 Page 26 of 26 Sublease No. 4799-002 Document Type: Current Upland Lease [CUL Coversheet] Linked FL-SOLARIS it DM H)# Sub-Lease # 4799-002 Instrument Desc. I SUBLEASE Amendment # Document Date I 5/7/2019 Original County I PINELLAS Section(s) 116 Township(s) 129S Range(s) [16E Total Area 1700 Area Unit (S) Square Feet Recording County B: P: Recording County Instrument _,.#.._l Comments: 10 YEAR SUBLEASE To GREATER CLEARWATER CHAMBER OF COMMERCE FOR FIRST FLOOR OF BUILDING __Date-p—r e—pp-e—d_:-------Flip- C_-r—d_:------------Land-Use ,SummaryF 5/22/2019 1 520380 DELEGATION OF AUTHORITY ACTION DOA Number- DSL -24 Lease No. 4799 38875 4799-002 Action ID: Instrument No. Type of Action: New ❑ Lease F-1 Road Right-of Way Reservation E] Amendment Easement 0 Canal Reservation n Release + 0 Sublease El Oil and Mineral Reservation El Partial Release 0 Use Agreement El Other Project Name: Clearwater Chamber of Commerce Sublease 4799-002 ........... ........................................——------ Title Worksheet ID- 110411 LITS Surplus ID: NA Applicant: Clearwater Chamber of Commerce County/Location: Pinellas Conservation Lands Yes No S/T/R- 16 ./ ti/?9S u Name of Facility/Park/Trait: Acreage: 0.0 19 acres or I,74(6 Gulf to Bay Welcome Center E] ARG/Mini-ARC Approval Date: Cons ide ra tion: None NPB/Additional Comp.Amount: Received- Satisfied per land manager Date: Date: STAFF REMARKS The Clearwater Chamber of Commerce has requested a Sublease for a term of 10 years for first floor of the building within Lease No. 4799 currently managed by the City of Clearwater, Florida to operate a welcome center.trai I head and restroorns. The City of Clearwater provided written consent for the Sublease. 13 DicJita6ly signed LAND by Jay DEgitally signed by Gary L Sircy, Gary L. Jay SiBallad rcyD0ate 2.1-009 12 Ballard 1 D. at41re 2018, 918 0 1 00 32 4W' 1, 43-0 4'00 Originator Date DEP Attorney Date Di,,Iall,signed by Brad Dqta0y signed by Cheryl Richardson Cheryl C. C McCall 10 28 28 Date 2018 04'00'D9 13 Mcat39 28-e 2019 G4�00'05 07 Call 1 DD 0MCM Date Executing Authority Date