SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL - BOT FILE NO 520345063This Instrument Prepared By:
Celeda Wallace
Action No. 41002
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL
BOT FILE NO. 520345063
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to City of Clearwater, Florida, hereinafter referred
to as the Lessee, the sovereignty submerged lands as defined in 18-21.003, Florida Administrative Code, contained within the
following legal description:
A parcel of sovereignty submerged land in Section 17,
Township 29 South, Range 15 East, in Clearwater Harbor,
Pinellas County, Florida, containing 2,819 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated June 26, 2009.
TO HAVE THE USE OF the hereinabove described premises from November 6, 2019, the effective date of this renewal
lease, through November 6, 2024, the expiration date of this renewal lease. The terms and conditions on and for which this lease
is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3 -slip docking facility with a boat lift to be
used exclusively for mooring of rescue vessels in conjunction with an upland fire and rescue station, without fueling facilities,
with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental
Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in
paragraph 25, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection
Consolidated Environmental Resource Permit No. 52-0294534-001, dated November 6, 2009, incorporated herein and made a
part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease.
[29]
2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the permit(s) referenced in paragraph 1 of this lease. The Lessee shall
not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family
residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for
docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from
loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental
impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian
uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment
B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a
modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no
longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the
requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be
required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove
any structures which may no longer qualify for authorization under this lease.
3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the
effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of
Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900
Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida
Administrative Code. The submitted financial records shall be certified by a certified public accountant.
4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books,
records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph two (2) above.
5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:(i) gross
revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the
leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years.
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The
Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold
interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative
ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use
thereof, may be purchased, sold, or re -sold.
7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain
satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the
riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with
the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the
effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee
agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's
interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the
riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any
documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not
relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not
limited to, payment of all fees and/or penalty assessments incurred prior to such act.
Page 2 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent
of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and
provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other
transfer without prior written consent of the Lessor shall be null and void and without legal effect.
9. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its
expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of
that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time,
or any other law providing limitations on claims.
10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or
in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply
with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be
terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land
shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules
shall be sufficient if sent by U.S. Mail to the following address:
City of Clearwater, Florida
Post Office Box 4748
Clearwater, Florida 33758
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject
property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and
description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective
period of this lease.
12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area.
15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render
the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent
breach or breaches.
16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page 3 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that
time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The
term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does
not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an
affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B,
which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the
Lessee's successors in title or successors in interest.
18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph
18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state
lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian
upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland
property shall be enforceable in summary proceedings as provided by law.
20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian
rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove
the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall
constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at
the option of the Lessor.
21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged
and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of
the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the
Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee
obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the
mooring capacity of the facility.
22. ADVERTISEMENT/SIGNS NON -WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR
STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic
beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased
premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures
whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent
from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or
renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written
consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered
unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter
18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized
structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall
not exceed the activities authorized by this agreement.
Page 4 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to
the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the
prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized
by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month
period, nor shall any such vessel constitute a legal or primary residence.
26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments
thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used
principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and
return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction
of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships.
27. SPECIAL LEASE CONDITIONS:
A. The Lessee shall prohibit mooring, on either a temporary or permanent basis, along the west side of most western
28 -foot -long pier and along the east side of the 22 -foot -long most eastern pier. To ensure compliance, the Lessee shall place and
maintain: (1) a 3 -foot high railing along the west side of most western 28 -foot -long pier, and along the east side of the 22 -foot -
long most eastern pier, and (2) signs advising boaters that mooring at the above described locations, on either a temporary or
permanent basis, is prohibited.
B. Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located within
its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel
length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and
swim platforms.
[Remainder of page intentionally left blank; Signature page follows]
Page 5 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written.
SES:
Original Signature
Print/Type Name of Witness
Or
Print/Type Name o Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST F OF THE STATE
OF FLORIDA
BY: ��.�
Brad • Orson -'45', 'ef, 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.
(SEAL)
"LESSOR"
,-, The foregoing instrument was acknowledged before me by means of physical presence this t ' day ofl C
esit
20 2y, by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department
of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida. He is personally known to me.
R ED SUBJECT! TO PROPER EXECUTION:
7
DEP Attorney
10/22/2020
Date
Page 6 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
ry Public, S : to of Florida
Printed, Typed or Stamped Name
My Commission E •; u4*: •;;;!.:
Commission/Serial
KATHY C. GRIFFIN
MY COMMISSION # GG 927461
EXPIRES: November 27, 2023
Bonded Tin Notary Piihlic Underwriters
WITNESSES:
City of Clearwater, Florida (SEAL)
BY: _See attached signature page
Original Signature Original Signature of Executing Authority
Frank Hibbard
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Mayor
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of_ physical presence or _online notarization this .
day of , 20 , by Frank Hibbard as Mayor, for and on behalf of City of Clearwater, Florida.
He is personally known to me or who has produced , as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State of
Commission/Serial No. Printed, Typed or Stamped Name
Page 7 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
Sovereignty Submerged Lands Lease No. 520345063
Countersigned:
C 1--`--ek i
Frank Hibbard
Mayor
cir..m
Approved as to form:
L
Laura Mahony
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
1,) 1S61.4,w- i . AdA444.47_,r
William B. Horne II
City Manager
Rosemarie CaII
City Clerk
10 bing Maps
700 Bayway Blvd, Clearwater Beach, FL
33767
Cbbb 's?
k Bar ,& Oral.
U
Attachment A
Page 8 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
PROJECT
LOCATION
GULF OF
MEXICO
LEGAL DESCRIPTION:
UPLAND (PER CLIENT - FOR REFERENCE ONLY):
"LOT 24, BLOCK A, BAYSIDE SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGE 38
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA."
CLEARWATER
HARBOR
•
LOCATION MAP
(NOT TO SCALE)
PROPOSED SUBMERGED LAND LEASE:
A PARCEL OF LAND LYING WITHIN CLEARWATER HARBOR IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 24, BLOCK A, BAYSIDE SUBDIVISION NO. 5, AS PER MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID
LOT 24 AND ALONG THE APPROXIMATE MEAN HIGH WATER LINE OF CLEARWATER HARBOR ALONG THE ARC OF A CURVE CONCAVE
NORTHERLY, SAID CURVE HAVING A RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 02'55'19", AN ARC LENGTH OF 51.00 FEET AND A
CHORD BEARING AND DISTANCE OF N73'36'12"W, 50.99 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY AND APPROXIMATE MEAN
HIGH WATER LINE N16'39'18"E FOR 55.00 FEET; THENCE 573'36'12"E FOR 50.99 FEET; THENCE SI 6'39'18"W FOR 55.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,819 SQUARE FEET, MORE OR LESS.
CERTIFIED TO:
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
WOODS CONSULTING
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS A TRUE REPRESENTATION OF A SPECIFIC
PURPOSE SURVEY, PERFORMED UNDER MY DIRECT SUPERVISION AND MEETS THE INTENT OF THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO SECTION 472.027 FLORIDA STATUTES.
SUNRISE SURVEYING & MAPPING SERVICES LLC, LB NO. 7710
K1op� DATE
(0/7401
CYNTHIA E. KNOPKA
PROFESSIONAL LAND SURVEYOR NO. 6070
STATE OF FLORIDA
SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURVEY - THIS IS NOT A FIELD SURVEY.
SUNRISE SURVEYING &
MAPPING SERVICES LLC
1 142 2ND AVENUES • ST PETERSBURG, FL 33715
PHONE: 727.631.9754 • WEB: WWW.SUNRISESURVEYING.COM
E-MAIL: SUNRISESURVEYING@TAMPABAY.RR.COM
PROPOSED SUBMERGED LAND LEASE
700 BAYWAY BOULEVARD, CLEARWATER, FL
PID: 17/29/15/05004/001/0240
DRAWN BY:
CEK
DWG DATE:
May 22, 2009
rev: June 26, 2009
APPROVED BY:
CEK
FIELD DATE:
N/A
FILE NAME:
09121-LL.DWG
PAGE:
1 OF 2
Attachment A
Page 9 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA
THE SURVEY DEPICTED HERE IS NOT COVERED
BY PROFESSIONAL / CLEARWATER
o HARBOR 2� /
EXISTING O Q /
OPILING (TYP) / o J
cd.T
.z
Y
20' 10' 0
SCALE: V = 20'
LOT 23
20'
PROPOSED SUBMERGED
LAND LEASE
AREA = 2,819 SF±
4 ti)
4)
ZLI
C%
APPROXIMATE MEAN
HIGH WATER UNE AT
FACE OF SEAWALL
LOT 24
BLOCK A
BAYSIDE SUBDIVISION NO. 5
(PLAT BOOK 38, PAGE 38)
#700 BAYWAY BOULEVARD
PID: 17/29/15/05004/001/0240
CURVE TABLE
CpNC
SEA R,gRETf
POB
+/ NE CORNER LOT 24
LAT: 27'58'02.8"
LONG: 82'49'24.1"
PROPOSED
LEASE LINE AT
RIPARIAN LINE
LOT 25
CURVE
DELTA
RADIUS
ARC LENGTH
CHORD BEARING
CHORD LENGTH
Cl
02'55'19"
1000.00'
51.00'
N 73'36'12" W
50.99'
MAP NOTES:
1. NORTH ORIENTATION SHOWN HEREON IS ASSUMED.
2. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID UNLESS EMBOSSED WITH THE
UNDERSIGNED SURVEYOR'S SEAL.
3. PROPOSED INFORMATION SHOWN HEREON PER DESIGN PROVIDED BY WOODS CONSULTING.
4. NO SHORELINE VEGETATION WAS OBSERVED ON THE PROJECT SITE.
5. SHORELINE 1000 FEET IN EITHER DIRECTION OF SITE IS 100% SEAWALL.
6. MHW LINE SHOWN HEREON IS APPROXIMATE ONLY & IS NOT INTENDED TO DEPICT THE
LEGAL BOUNDARY BETWEEN PRIVATE AND STATE LANDS.
7. TOTAL LINEAR FEET OF SHORELINE OWNED BY RIPARIAN UPLAND OWNER IS 60 FEET±.
0
LEGEND
LAT LATITUDE — SCALED
LB LICENSED BUSINESS
LONG LONGITUDE — SCALED
MHW MEAN HIGH WATER
f� PROPERTY LINE
POB POINT OF BEGINNING
SF SQUARE FEET
TYP TYPICAL
± APPROXIMATE ONLY
SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURVEY - THIS IS NOT A FIELD SURVEY.
SUNRISE SURVEYING &
MAPPING SERVICES LLC
1 142 2ND AVENUE 5 • ST PETERSBURG, FL 33715
PHONE: 727.631.9754 • WEB: WWW.SUNRISESURVEYING.COM
E-MAIL: SUNRISESURVEYING@TAMPABAY.RR.COM
PROPOSED SUBMERGED LAND LEASE
700 BAYWAY BOULEVARD, CLEARWATER, FL
PID: 17/29/15/05004/001/0240
DRAWN BY:
CEK
DWG DATE:
May 22, 2009
rev: June 26, 2009
APPROVED BY:
CEK
FIELD DATE:
NJA
FILE NAME:
09121-LL.DWG
PAGE:
2 OF 2
Attachment A
Page 10 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
87117935
PERSONAL REPRESENTATIVES' DEED
0.-!.6,19011:C. 997
;Li.rw. A.tgf
THIS INDENTURE, Made this 50) day of —)7111,4140 )1193*1i4 1 H'81
between JOHN S. WAGSTAFF, MICHAEL A. SPIRTOS, GARY W. LYONS, SYD
SNAIR and HENRY HF.NRIQUEZ, of Pinellas County, Florida, as Personal
Representatives of the Estate of LOUIS ALEXANDER VANECH, a/k/a
LOUIS A. VANECH, Deceased, Party of the First Part, and CITY OF
CLEARWATER, FLORIDA , whose mailing address is: P.O. Box 4748, ,
Clearwater, Florida 33518 , Party of the Second Part:
15 15391140 71 1. 111487
W I T N E S S E T H: TOTAL MASH
WHEREAS, by his Last Will and Testament, the said LOUIS
A. VANECH did appoint JOHN S. WAGSTAFF, MICHAEL A. SPIRTOS, GARY W.
LYONS, SYD SNAIR and HENRY HENRIQUES as Personal Representatives of
his Last Will and Testament; 'L
WHEREAS, said Testator did die a resident of Pinellas
1<V County, Florida, on August 11, 1985);/,and
G�U
gg`�a � WHEREAS, on August 14, 1985 tthe Last Will and Testament
'of said decedent was duly admitted to probate in the Circuit Court
Y= M
(( U
gN ";for Pinellas County, Florida, Probate Division, in Probate number
ito=%
'% yo ;85 -5145 -ES 003, and JOHN S. WAGSTAFF, MICHAEL/A. SPIRTOS, GARY W.
d&clLYONS, SYD SNAIR and HENRY HENRIQUEZ were appointed and qualified
as personal Representatives of said estate;
•NOW THIS INDENTURE. WITNESSETH, That in pursuance of the
authority granted them by Court Order, and in consideration of the
sum of Ten Dollars and other valuable considerations to them in hand
paid by Party of the Second Part, receipt whereof is hereby
acknowledged, the said Party of the First Part, as the duly
qualified and acting Personal Representatives aforesaid, do hereby
grant, bargain, sell and convey to the said Party of the Second
Part, the following described property situate in the County of
Pinellas, State of Florida:
Lot 24, Block A, BAYSIDE SUBDIVISION NO. 5, and riparian
rights, according to Plat Book 38, page 38, public
records of Pinellas County, Florida.
Subject to restrictions and easements of record and taxes
for 1987 and subject to the conditions in the attached
Exhibit 'A'.
11 CH 1 Cash i1_Cho
40 R_ �' 41 p
OS
46 11.37 014( 43 int
Tota_�����-' Tot
,(U
Docvmen+try T.. Pd- S
Int.,g 4 Tu ad.
Karteen F. p ,9 ter, Clerk Melo County
ocouty Cut
Attachment B
Page 11 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
o.:. 6190 mr 998
TO HAVS AND TO HO[.D the same unto the said Party of the
Second Part, their heirs and assigns, in as full and ample manner as
the same was possessed and enjoyed by the said LOUIS A. VANECH in
his lifetime.
IN WITNESS WHEREOF, the said Party of the First Part, as
Personal Representatives aforesaid, has hereunto set their hands and
seals the day and year first above written.
In the r Bence of:
(SEAL)
JO S. WAGSTAFF, Pero al
Re resentative o' th ''state of
LOUIS A. VANECH, De .e'� ed.
�1L. (SEAL)
MICHAF., f SPIRTOS, Personal
Representative of the Estate of
LOUIS A. VANECH, Deceased.
(SEAL)
ersonal
Represen•ativ- of the Estate of
LOUIS A. VANECH, Deceased.
(SEAL)
SYD(;NAIR, Personal
Representative of the Estate of
LOUIS AZVANECH, Deceased.
((i
Y'�1•a!'�C: (SEAL)
HENRY HENRIQUEZ P. rson1
Repres&aative hof=the Estate of
LOUIS A. VANECH, Deceased.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned officer, duly authorized to take
acknowledgments and administer oaths, personally appeared, JOHN S.
WAGSTAFF, MICHAEL A. SPIRTOS, GARY W. LYONS, SYD SNAIR and HENRY
HENRIQUEZ, to me known and known by me to be the persons described
in the foregoing instrument, and they acknowledged that they executed
the same as their free act and deed for the purposes therein expressed,..
WITNESS m hand and o €ficial seal at Clearwater, sai{t.Countjl.
and state, this my
day of }11.0Ae(:. ./ 1987. = _
,///
My Commission Expires: Notary Public
1oMNUeUC STA1E Of FIOtVDI
Mf CCM., tEJ S JAY 23 ':1I
tCA.ND IE.i.J amt.". )L L Vti)
_2_
Attachment B
Page 12 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063
L
EXHIBIT "A" TO DEED OF CONVEYANCE FROM
THE ESTATE OF LOUIS A. VANECH
TO THE CITY OF CLEARWATER
°•'.o 190 999
This property is nevertheless conveyed upon the
following conditions: the real property and improvements as may
be situate thereon from time to time shall in perpetuity be used
for a public purpose or purposes for the use, education and
benefit of the citizens of Clearwater, including, but not limited
to, a police substation involving customary police activities and
other programs provided through such an entity, including but not
limited to, public safety and information programs involving
crime prevention, child abuse, rape intervention, drug and
alcohol abuse, neighborhood crime watch, juvenile diversion, the
"Officer Friendly" program, and may not be sold, transferred or
conveyed, in whole or in part, directly or indirectly to any
entity or individual for a commercial enterprise or private
ownership for any use whatsoever. This restriction does not
preclude the City of Clearwater from leasing space or sharing
space with other governmental, regulatory or municipal or
charitable bodies or entities, nor, after 20 years from the date
hereof, does it prevent the,City from selling the property for
fair market value and paying,the net proceeds received therefrom
to the other charitable beneficiaries of said estate, then in
existence, as the same have<heen, or were, determined in the
probate court file in and for✓ttie Sixth Judicial Circuit for
Pinellas County, Florida, CaseNo X85 -5145 -ES 003, payment to be
made on a prorata basis. As a further condition, the Grantee
shall not raze the existing structure for a period of ten (10)
years from the date hereof; provided;/nevertheless, in the event
the structure is substantially destroyed, or becomes or is
rendered unsafe for occupation, through :no fault of the Grantee,
within the said 10 -year period provided/Grantee shall not be
obligated to rebuild the structure. As lcfurther condition of
this grant, the said Grantee shall at all(times maintain in good
condition a plaque or other visible evidence that the property
was donated by Louise A. Vanech and/or is used—in memory of the
said Louis A. Vanech and the building shall be,dedicated and
known as the Louis A. Vanech Building or Center( ,),In the event
the City of Clearwater should violate the terms and provisions of
this Deed or the Court Order approving this transfer;n then the
property, together with any and all improvements situate thereon,
shall thereupon immediately revert to the other charitable
beneficiaries of said estate, then in existence, as the same have
been, or were, determined in the probate court file in and for
the Sixth Judicial Circuit for Pinellas County, Florida, Case No.
85 -5145 -ES 003.
Attachment B
Page 13 of 13 Pages
Sovereignty Submerged Lands Lease No. 520345063