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99-13 ," .\ ',' . '1' , , , , ,~ ' 'L Ir" ,', ." : ,i, i ,,' . '. " .' , 1>' ., . " " c \. . , . . " ,i :1,' I .. ;.' . ,# , J " , < , ' ' , . , . . .....RESOLUTIONS " .f 3 ~......',... "...., .......~""'-.W"~....r".......y...:a..v...~;~<.i"i,,~..,~..~.... ;'c'_I> , ,~,. "",' -L.'."."L';...t.H.~...':' " . ! &~ .', .' ,I," .' Resolution No. 99~13 r1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CITY MANAGER TO REQUEST THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ENTER INTO A LEASE AGREEMENT WITH THE CITY OF CERTAIN DEPARTMENT OWNED LANDS TO BE UTILIZED AS A PUBLIC RECREATION AREA AND AUTHORIZING THE CITY MANAGER TO SIGN A LEASE; PROVIDING AN EFFECTIVE DATE. ,I WHEREAS, the City of Clearwater, Florida (/lCiti'), desires to enter into a public purpose lease, a copy of which is attached hereto as Exhibit "A/ for a portion of the Courtney Campbell Causeway; and WHEREAS, the Florida Department of Transportation ("FDOT") has offered to make a certain parcel of real property as legally described in paragraph one of EXHIBIT "A" available to the City of Clearwater, at no cost, 'for use as a public recreation area, provided the City requests a lease from the FOOT; and WHEREAS, the leasing of the real property described in EXHIBIT NA" will enable the City to assume greater regulatory authority over the activities occurring (--" on the property so as to enhance the public's safety; now therefore, ',--'" BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby authorizes the City Manager to provide written notice to the Florida Department of Transportation of the City Commission's desire to enter into a five (5) year lease with the FOOT of real property as legally described in EXHIBIT "A" attached hereto. The City Commission hereby further authorizes the City Manager to sign the public purpose lease attached hereto, subject to any additional terms and conditions as may be negotiated between the parties prior to final execution. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this , 1999. Approved as to form: Rita Garvey Mayor-Commissioner o Rcsolulion 99.13 .. ..:;;.~. -~, ..l'....'......~'~ ,~ WPI NO.: N.A. SECTION/JOB: 1504-150(202), (15040-2510-NEW) COUNTY: Pinellas STATE ROAD: 60 PARCEL: Right of Way DESCRIPTION: Public Recreation Area PUBLIC PURPOSE LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this _day of , 199 ,by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter called "Lessor't and the City of Clearwatert Florida, a Municipal Corporation, hereinafter called "Lessee". WITNESSETH: For and in consideration of mutual covenants contained herein the parties agree: ., \ 1. Lessor hereby leases to lessee, and Lessee hereby leases from Lessor certain lands located in Pinellas Countyt State of Florida, and more particularly described as a location approximately 1600 feet East of the intersection of McMullen Booth Road, following along the shoreline in an Easterly direction encompassing the area to the South edge of the pavement of SR 60, to a point approximately 2120 feet East of the beginning point. A map depicting the area is attached hereto as Exhibit "A" and made a part hereof by reference. 2. The term of this lease shall be for a period of five (5) years and shall commence on the day of , 199_, and shall automatically renew annually unless Lessee gives written notice to the Lessor of its intent to terminate within sixty (60) days of renewal. 3. If the Lessor determines that all of the lease premises is needed for public transportation purposes, or if such portion thereof is needed that would render the existing improvements "non-conforming" to the then current zoning requirementst Lessor may terminate this Lease Agreement upon one hundred eighty (180) days notice to Lessee, at which time the Lessee shall quit and peaceably surrender such property to Lessor. If the L~ssor determines that only a portion of the lease premises is needed for public transportc;~!on purposes, and such portion does not render the existing improvements IInon-conforming" to the then current zoning requirements, then Lessor may terminate this Lease Agreement upon sixty (60) days notice to Lessee, at which time the Lessee shall quit and peaceably surrender such property to the Lessor. Lessee may terminate this Lease Agreement upon sixty (60) days notice to Lessor in any instance in which Lessee determines the lease premises is insufficient or unusable for the purposes herein intended. o 4. The leased premises are to be used as a site for a public recreation area. Lessee agrees to restrict the use of said premises to such purposes, and not to use, or permit the use of the premises for any other purpose without first obtaining the written EXHIBIT A -.........__c...~. ' . . .~ -"1 J '~, '--.-/) consent of Lessor. Lessee also agrees to observe and comply with alt laws, ordinances and regulations of public authorities. If, however, Lessee uses the lease premises for any purposes other than specified herein, or for any unlawful purpose, Lessor shall have the right to immediately terminate this lease. 5. No improvements, changes, alterations or additions shall be made to the lease premises without the prior written consent of Lessor. Upon final termination, all additions and improvements, inclUding but not limited to structures, foundations, fencing, pavement and utility services shall be removed by and at Lessee's expense. The lease premises shall be returned to Lessor cleared to the immediately surrounding grade. The lease premises shall be returned to its original condition as it existed when Lessee took possession as of the date of this lease. Erosion and drainage control shall comply with the then current standards as established and promulgated by Lessor. 6. Lessee agrees not to assign this leaae or any interest therein, or sublet the leased premises or any part of the premises without the prior written consent of Lessor. Lessee further agrees that Lessor's consent to said sublease or anyone assignment or sublease shall not be deemed a consent to any subsequent assignment or sublease. 7. Improvements authorized per paragraph five (5) above that are to be constructed on the leased premises will be erected in accordance with local applicable building codes and not be used for the manufacture or storage of hazardous materials, or for any occupation which is deemed by the Lessor to be a hazard to highway or non-highway uses. The occupancy and maintenance of the lease property will be subject to regulation by Lessor to protect against hazards which would impair the use, safety and appearance of the highway. Further, the occupancy and use of the lease premises shall not be such as to permit hazardous or objectionable smoke, fumes, vapors, or odors to rise above the grade of the highway. Lessee shall obtain all necessary permits to conduct its activities. 8. In the event Lessee breaches any of the terms and conditions of this lease. or abandons the maintenance of the premises, Lessor shall have the following remedies: (A) Lessor may occupy the premises immediately and terminate the lease; (8) Lessor may give Lessee written notice that Lessee is in breach of the agreement and allow Lessee 30 days to cure breach. If the Lessee fails to cure within the specified time-period set forth in such notice, Lessor may immediately terminate this lease. Upon termination of the lease, Lessor may recover from Lessee all damages proximately relating from the breach, inCluding the cost of recovering the premises. 9. Lessor and Lessee agree that Lessee will require any contractors conducting construction or maintenance contemplated by this lease to maintain public liability insurance with coverage in the amount of not less than Two Hundred Thousand Dollars ($200.000.00) for each person and Five Hundred Thousand Dollars ($500,000.00) for any one (1) accident and One Hundred Thousand Dollars ($100,OOO.OO) for property damage, as required by the State of Florida under the Worker's Compensation Law. A certificate ..~ of insurance for such insurance shall be filed with the District Seven Office of the Department and shall contain an endorsement naming the Department as an additional insured. 10. It is understood and agreed by the Lessor and Lessee that representatives of the Department of Transportation have rights to ingress and egress over, upon and across the leased premises for the purpose of conducting inspections. maintenance. and . reconstruction of the highway and adjacent facilities, and for any other purposes that are necessary to carry on the conduct of the Departmenfs business. 11. Lessee agrees to maintain at its sole expense the leased premises and any improvements thereon in a good, clean and safe condition. Lessee further agrees that such maintenance will be accomplished in such a manner so as not to cause any unreasonable interference with highway facilities. In the event Lessee fails in its maintenance obligations, Les~or is authorized to enter the premises and perform the necessary maintenance at Lessee's expense. 12. Lessee to the extent provided by F.S. 768.28, Lessee shall indemnify. defend, save and hold Lessor harmless from any and all liability, loss, damages or claims for injury to persons or property of any nature arising out of, because of, or related to Lessee's occupancy of the leased premises. " \ 13. All notices required hereunder be given in writing and shall be deemed to have been given only if delivered personally or sent by registered or certified mail to the mailing address to the parties set fo~h below: Department of Transportation District VII 11201 North McKinley Drive Tampa, Florida 3361 Attn.: Property Management City of Clearwater P.O. Box 4748 Clearwater, Florida 34618 Attn.: City Manager 14. Florida Law shall be used to interpret this lease and determine the rights of the parties hereunder. 15. This lease shall bind and benefit the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. LESSOR: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: BY: BY: . Kenneth A. Hartmann, P.E. District Seven Secretary Executive Secretary .1 ~: . ' ,. -<l'r'P;'\.h ~ty . , : ' ,''"'':"'\ I": i .: } I", ,...~,. .'. I, : ' ',. " ~'c 'l.' ~,/: ". ;: . ~ ~,. . ,~, . \. .,. '. !:'>. ' ,--.. . . \ ',:,~_) .: .' ,., , ,:.] (,.. ~__~.u,... . i ,', . . LESSEE: . CITY OF CLEARWATER, FLORIDA Approved as to Form: ~~~ Robert J urette, . Assistant City Attorney ), . Approved as to Legal Sufficiency: Assistant General Counsel .~" , . , '"'-''' -~-,.................!iII ,., "'_,~. "',_., .' _..-_~-=-..:..,.::...:- By: ~ichael J. Roberto, City Manager ATTEST:. Cynthia E. 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