CREATIVE CONTRACTORS INCCONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on
, a / ) a O app -2e1.91 ("Effective Date"), by and between CREATIVE
CONTRACTORS, INC., a Florida corporation, joined by Alan C. Bomstein and Nancy S.
Bomstein, individually, (herein "Creative Contractors"), of 620 Drew Street, Clearwater,
Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of
the State of Florida (herein "City"), whose post office address is P.O. Box 4748,
Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager,
(collectively "Parties") hereby agree that the Parties shall exchange the following real
property ("Real Property") (CITY's Property and CREATIVE CONTRACTORS Property,
as defined below, is sometimes collectively referred to herein as "Property") upon the
following terms and conditions.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: Property to be conveyed by CREATIVE
CONTRACTORS to CITY consists of three certain parcels of real property as
described on Exhibit "A" attached hereto and made part hereof ("CREATIVE
CONTRACTORS Property"). Property to be conveyed by CITY to CREATIVE
CONTRACTORS consists of two certain parcels of real property as described on
Exhibit "B" attached hereto and made part hereof ("CITY Property").
2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as
between the Parties and there is no additional monetary consideration to be paid by
either party at Closing. At the time of Closing, CREATIVE CONTRACTORS shall
convey to City, pursuant to the terms herein, CREATIVE CONTRACTORS Property,
and CITY shall convey to CREATIVE CONTRACTORS the CITY Property. The
conveyance of the CREATIVE CONTRACTORS Property shall constitute full
consideration for the conveyance of the CITY Property. The conveyance of the CITY
Property shall constitute full consideration for the conveyance of the CREATIVE
CONTRACTORS Property.
3. MANNER OF PAYMENT/CONSIDERATION: CITY Property shall be conveyed to
CREATIVE CONTRACTORS by Special Warranty Deed. CREATIVE
CONTRACTORS Property shall be conveyed to City by Warranty Deed and closing
costs shall be attributed to the Parties as provided for herein.
4. PURCHASE PRICE: The Full Purchase Price is based upon appraisals of both the
CREATIVE CONTRACTORS Property and the CITY Property by Tobias Realty
Advisors dated February 13, 2019 and February 26, 2019 respectively, both of which
are on file with the City Real Estate Department.
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5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by CREATIVE CONTRACTORS, the price, terms and
conditions as contained herein shall remain unchanged and be held unconditionally open
for a period of 45 days following delivery in duplicate original to City Manager of the City
of Clearwater for acceptance and approval, counter-offer, or rejection by action of the
Clearwater City Council ("Council"). If this agreement is accepted and approved by the
Council, it will be executed by duly authorized City officials and delivered to CREATIVE
CONTRACTORS within 10 days thereafter. If a counter-offer is approved by the Council,
it shall be delivered to CREATIVE CONTRACTORS in writing within 10 days of such
action by the City Council, and CREATIVE CONTRACTORS shall have 10 days
thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-
offer. If written notice of acceptance is not timely delivered, or if the counteroffer is rejected
by CREATIVE CONTRACTORS, this contract shall thereafter be null and void in all
respects. If this contract is rejected by the Council upon initial presentation to the Council,
this contract shall be null and void in all respects and CREATIVE CONTRACTORS shall
be so informed in writing within 5 days of such action.
Contingencies: The exchange proposed in this contract shall be contingent upon
and/or subject to: (1) the declaration of the City Property as surplus in accordance with
the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating
ordinance which vacates a right-of-way easement as recorded in O.R. Book 5870, Page
761, of the Public Records of Pinellas County, Florida. (as more particularly described in
Exhibit "C-1" attached hereto and incorporated herein); (3) City Council approval of a
vacating ordinance which vacates Drainage and Utility easements as recorded in Book
5858, Page 1539, of the Public Records of Pinellas County, Florida (as more particularly
described in Exhibit "C-2" attached hereto and incorporated herein); (4) City Council
approval of a vacating ordinance which vacates a portion of 10' and 15' Drainage and
Utility easements as recorded in Book 4082, Page 117, of the Public Records of Pinellas
County, Florida (as more particularly described in Exhibit "C-3" attached hereto and
incorporated herein); (5) City Council approval of a vacating ordinance which vacates a
Drainage and Utility easement as recorded in Book 5950, Page 1028, of the Public
Records of Pinellas County, Florida (as more particularly described in Exhibit "C-4"
attached hereto and incorporated herein; (Said vacation ordinance(s) shall be conditioned
upon, among other things, the Closing of the property exchange as contemplated herein);
(6) the reservation of new easements by City (as more particularly described in Exhibit
"D-1", Exhibit "D-2", Exhibit "D-3", and Exhibit D-4, attached hereto and incorporated
herein); (7) Certain "Wellhead Restrictions" as provided for in Exhibit "E-1", Exhibit "E-
2" and Exhibit "E-3" (attached hereto and incorporated herein); (8) Utilities on, and
available to, the City Property are as identified in Exhibit "F"; (9) the City being granted
adequate access to the CREATIVE CONTRACTORS Property in accordance with the
timeframes contemplated herein for purposes of conducting inspections and
investigations, including environmental investigations, as provided for herein. Should
CREATIVE CONTRACTORS, fail to provide access to the City, this Contract shall be null
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and void in all respects with neither party having any further obligation to the other, except
obligations under provisions expressly intended to survive termination.
6. TITLE
CREATIVE CONTRACTORS warrants that at the time of closing, CREATIVE
CONTRACTORS shall have legal capacity to and shall convey marketable title to the
CREATIVE CONTRACTORS Property by Warranty Deed, subject only to matters
contained in Section 7 which are acceptable to CITY. Otherwise title shall be free of liens,
easements and encumbrances of record or known to CREATIVE CONTRACTORS, but
subject to property taxes for the year of closing; covenants, restrictions and public utilities
easements of record; and no others provided there exists at closing no violation of the
foregoing and none of them prevents CITY's intended use of the CREATIVE
CONTRACTORS Property for downtown redevelopment purposes. CREATIVE
CONTRACTORS warrants and represents that there is ingress and egress to the Real
Property sufficient for the intended use as described herein.
CITY warrants legal capacity to and shall convey marketable title to the CITY Property by
Special Warranty Deed, subject only to matters contained in Section 7, which are
acceptable to CREATIVE CONTRACTORS. Otherwise title shall be free of liens,
easements and encumbrances of record or known to CITY, but subject to property taxes
for the year of closing; covenants, restrictions and public utilities of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents
CREATIVE CONTRACTORS's intended use of the CITY Property for redevelopment
purposes. CITY warrants and represents that there is ingress and egress to the Real
Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Each party shall, at the expense of the party granting title and within 15 days prior to
closing date, deliver to the other party, a title insurance commitment issued by a Florida
licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set
forth in this Contract, and those which shall be discharged by CITY or CREATIVE
CONTRACTORS as may be appropriate at or before closing for both the CREATIVE
CONTRACTORS Property and the CITY Property, as their interests may appear. The
parties shall convey marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to
applicable Title Standards adopted by The Florida Bar and in accordance with law. The
other party shall have 5 days from receiving evidence of title to examine it. If title is found
defective, the objecting party shall, within 3 days thereafter (a total of 8 days), notify the
other party in writing specifying defect(s). If the defect(s) render title unmarketable, the
granting party will have 120 days from receipt of notice within which to remove the
defect(s), failing which the objecting party shall have the option of either accepting the
title as it then is or withdrawing from this Contract. CITY or CREATIVE CONTRACTORS,
as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s)
in title within the time provided therefore.
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8. SURVEY
The Parties, at their own expense, within time allowed to deliver evidence of title and to
examine same, may have the CITY Property or CREATIVE CONTRACTORS Property
surveyed (by CREATIVE CONTRACTORS or CITY, respectively) and certified to the
other party and closing agent by a registered Florida land surveyor. If survey shows any
encroachment on the respective parcel, or that improvements located on real property
encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title
defect. The survey shall be performed to minimum technical standards of the Florida
Administrative Code and may include a description of the property under the Florida
Coordinate System as defined in Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
[ ] CREATIVE CONTRACTORS [X] CITY shall designate closing agent and this
transaction shall be closed in the offices of the designated closing agent in Pinellas
County, Florida, on or before October 1, 2020. If either party is unable to comply with any
provision of this contract within the time allowed, and be prepared to close as set forth
above, after making all reasonable and diligent efforts to comply, then upon giving written
notice to the other party, time of closing may be extended up to 60 days without effect
upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Closing Agent, on behalf of City, shall furnish closing statements for the respective
parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments for both conveyances.
The appropriate parties shall deliver resolutions or applicable documents authorizing the
sale and delivery of the deed and certifying the resolution or documents and setting forth
facts showing the conveyance conforms to the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the CREATIVE CONTRACTORS Property deed, unless this
transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by
CREATIVE CONTRACTORS. Documentary stamps on the CITY Property deed, unless
this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by
CREATIVE CONTRACTORS. Each party shall also pay the costs of recording any
corrective instruments required to insure marketable title of the property being conveyed
by that party. Recordation of the deeds shall be paid by the respective grantee.
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12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated
through the day before closing. Closing agent shall collect all ad valorem taxes
uncollected but due through day prior to closing and deliver same to the Pinellas County
Tax Collector with notification to thereafter exempt the Property acquired by the City from
taxation as provided in Chapter 196, Florida Statutes (2019) subject to a determination
by the Pinellas County Tax Collector that the lease back to CREATIVE CONTRACTORS
is taxable; (in which case CREATIVE CONTRACTORS will be responsible for taxes under
the lease). If the amount of taxes and assessments for the current year cannot be
ascertained, rates for the previous year shall be used with due allowance being made for
improvements and exemptions. Any deposits held in trust for third parties in occupancy
of the Properties shall be credited to the other party at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full
by respective owner/seller.
13. OCCUPANCY
The parties warrant to one another that there are no parties in occupancy on the
respective Properties, unless as otherwise disclosed herein. If Property is intended to be
rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and
the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to
deliver occupancy of the respective Property at time of closing unless otherwise stated
herein. If occupancy is to be delivered before closing, the Party taking occupancy
assumes all risk of loss to Property from date of occupancy, shall be responsible and
liable for maintenance from that date, and shall be deemed to have accepted Property in
its existing conditions as of the time of taking occupancy unless otherwise stated herein
or in separate writing.
14. LEASES
The parties acknowledge that the CREATIVE CONTRACTORS Property is currently
subject to a lease agreement between CREATIVE CONTRACTORS and Alan and Nancy
Bomstein (collectively, "CREATIVE CONTRACTORS") as Landlord and Creative
Contractors, Inc. as Tenant (the "Existing Lease"). CREATIVE CONTRACTORS
covenants to the CITY to terminate the Existing Lease at Closing.
Notwithstanding the provisions above, the Parties acknowledge and agree that CREATIVE
CONTRACTORS will continue to occupy the CREATIVE CONTRACTORS Property under
a Business Lease Contract to be entered into between the CITY and CREATIVE
CONTRACTORS simultaneous to closing, and as provided for in paragraph 33 below.
15. PROPERTY CONDITION
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The parties shall deliver the respective Properties to the respective grantee party at time
of closing in their present "as is" condition, ordinary wear and tear excepted. Neither
party makes any warranty other than as is disclosed herein in Paragraph 21
("WARRANTIES") and marketability of title.
Each Party's covenant to exchange the respective Properties "as is" is more specifically
represented in either subparagraph 1. a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present "as is" condition.
b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90
days following the Effective Date ("Inspection Period"), conduct inspections, tests,
environmental and any other investigations of the Property it is acquiring as it deems
necessary to determine suitability for its intended use. The other Party shall grant
reasonable access to the Property to said Grantee, its agents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such persons
enter the Property and conduct the inspections and investigations at their own risk. Each
Party will, upon reasonable notice, provide utilities services as may be available for
Grantee's inspections and investigations. Each Party shall not engage in any activity that
could result in a mechanics lien being filed against the Property without respective
Grantor's prior written consent. Grantee may terminate this contract by written notice to
the respective Grantor prior to expiration of the Inspection Period if the inspections and/or
investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless
the respective Grantor elects, in its sole discretion, to repair or otherwise remedy such
conditions to Grantee satisfaction. If this transaction does not close, Grantee agrees, at
Grantee expense, to repair all damages to the Property resulting from the inspections and
investigations and return the Property to its present condition.
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to
closing, the parties may conduct a final "walk-through" inspection of the Properties to
determine compliance with any obligations under Paragraphs 8, 13 and 15. No new
issues may be raised as a result of the walk-through.
17. HOLD HARMLESS
CITY is self-insured, and subject to the limits and restrictions of the Florida sovereign
immunity statute, F.S. 768.28, agrees to indemnify and hold harmless CREATIVE
CONTRACTORS from claims of injury to persons or property during the inspections and
investigations described in Paragraph 15(b) resulting from CITY's own negligence only,
or that of its employees or agents only, subject to the limits and restrictions of the
sovereign immunity statute.
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CREATIVE CONTRACTORS agrees to indemnify and hold harmless the City from claims
of injury to persons or property during the inspections and investigations described in
Paragraph 15(b) resulting from CREATIVE CONTRACTORS own negligence, or that of
its employees or agents only.
18. RISK OF LOSS
If any of the property is damaged by fire or other casualty before closing and the cost of
restoration does not exceed 3% of the assessed valuation of the property so damaged,
the cost of restoration shall be an obligation of the grantor party and closing shall proceed
pursuant to the terms of this contract with restoration costs escrowed at closing. If the
cost of restoration exceeds 3% of the assessed valuation of the improvements so
damaged, the respective Grantee shall have the option of either taking the Property "as
is", together with either the 3% or any insurance proceeds payable by virtue of such loss
or damage, or of canceling this contract. Cancellation by one Grantee shall constitute a
bilateral cancelation.
19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deeds to the CITY Property and CREATIVE CONTRACTORS Property shall be
recorded upon delivery of all deeds and other required closing documents, and payment
and clearance of funds payable for title insurance and other closing costs. Proceeds of
sale shall be held in escrow by CITY'S attomey or by such other mutually acceptable
escrow agent for a period of no longer than 5 days from and after closing, during which
time evidence of title shall be continued at the respective owner's expense to show title
in the other party, without any encumbrances or change which would render the
property's title unmarketable from the date of the last title evidence. If title is rendered
unmarketable through no fault of the other party, the objecting party shall, within the 5
day period, notify the other party in writing of the defect and the non -objecting party shall
have 30 days from the date of receipt of such notification to cure the defect. If the defect
is not timely cured, all funds paid by or on behalf of the other party shall, upon written
demand made and within 5 days after demand, be returned to the other party and
simultaneously with such repayment, the property shall be reconveyed by the same type
deed of the original conveyance. If the objecting party fails to make timely demand for
refund and reconveyance of property, objecting party shall take title "as is", waiving all
rights against the non -objecting party as to any intervening defect except as may be
available to objecting party by virtue of warranties contained in the deed. The escrow and
closing procedure required by this provision may be waived if title agent insures adverse
matters pursuant to Section 627.7841, F.S. (2016), as amended.
20. DEFAULT
If this transaction is not closed due to any default or failure on the part of either Grantor,
other than to make the title marketable after diligent effort, the respective Grantee may
seek specific performance or unilaterally cancel this agreement upon giving written notice
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to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting
party shall be liable for such fee.
21. RESPECTIVE GRANTOR WARRANTIES
Respective Grantors warrant that there are no known facts that would materially affect
the value of the Properties, or which would be detrimental to the Properties, or which
would affect parties desire to exchange the properties except as follows:
CITY Property: Creative Contractors acknowledges and hereby agrees to
accept the CITY Property subject to the following, which may materially affect the value
of the City Property: 1) the reservation of certain easements burdening the CITY Property
as more particularly described in Exhibits "D-1", D-2, D-3, D-4, ; 2) Wellhead Restrictions
applicable to the CITY Property as reflected in Exhibits "E-1", "E-2", and "E-3"; the
state of the utilities present on, or absent from, the CITY Property, as the case may be,
as reflected in Exhibit "F".
The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection
Period") to investigate said matters as disclosed by the other party, and shall notify the
granting party in writing regarding closing on this contract notwithstanding said matters,
or whether the contract shall be cancelled. Failure to notify the other party within said
time period, the respective Grantee shall be deemed to have waived any objection to the
disclosed matters and shall have the obligation to close on the contract.
22. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as
amended, the parties are hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained
from your county public health unit.
23. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This
contract shall bind and inure to the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and one gender shall include
all.
24. NOTICE
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All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
party to be notified, including the parties to this contract, the parties attorneys, escrow
agent, inspectors, contractors and all others who will in any way act at the behest of the
parties to satisfy all terms and conditions of this contract.
25. ASSIGNABILITY; PERSONS BOUND
This contract [X] is not assignable [ ] is assignable; however, this contract is assignable
by CREATIVE CONTRACTORS to an entity controlled by Alan Bomstein. The terms
"CITY", "CREATIVE CONTRACTORS", and "Broker" (if any) may be singular or plural.
This Contract is binding upon CITY, CREATIVE CONTRACTORS, and their heirs,
personal representatives, successors and assigns (if assignment is permitted).
26. ATTORNEY FEES; CREATIVE CONTRACTORS
In any litigation arising out of this contract, each party shall be responsible for its own
attorney's fees and costs.
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in
conflict with them.
28. BROKER REPRESENTATION
Neither party is represented by a real estate broker.
29. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect
the validity of any other provision. In the event that any provision of this contract is held
to be invalid, the parties agree that the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.
30. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by,
construed, and enforced in accordance with the laws of the State of Florida. In any
litigation arising out of or relating to this Contract, the Parties agree that venue shall be in
the United States District Court, Middle District of Florida, Tampa Division, or the Circuit
Court located in Pinellas County, Florida.
31. COUNTERPARTS; FACSIMILE COPY
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This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and any written modifications
hereof, and any initials or signature thereon shall be deemed an original.
32. EXHIBITS ATTACHED
Exhibit "A" - Legal description of CREATIVE CONTRACTORS Property
Exhibit "B" - Legal description of CITY Property
Exhibit "C-1" - Easement at O.R. Book 5870, Pg. 761 to be vacated
Exhibit "C-2" - Easement at O.R. Book 5858, Pg. 1539 to be vacated
Exhibit "C-3" - Easement at O.R. Book 4802, Pg. 117 to be partially vacated
Exhibit "C-4" — Easement at O.R. Book 5950, Pg. 1028, to be vacated
Exhibit "D-1" — (new) Drainage and Utility Easement to be reserved
Exhibit "D-2" - (new) Ingress/Egress, Drainage and Utility Easement to be reserved
Exhibit "D-3" - (new) Utility Easement to be reserved
Exhibit D-4 — (new) Drainage and Utility Easement to be reserved
Exhibit "E-1" - Wellhead restrictions
Exhibit "E-2" - Wellhead restrictions
Exhibit "E-3" - Wellhead restrictions
Exhibit "F" - City Property — Availability of Utilities
Exhibit "G" - Lease form for CREATIVE CONTRACTORS leaseback of CREATIVE
CONTRACTORS Property
33. BUSINESS LEASE CONTRACT ADDENDUM
It is agreed by and between the Parties that the leaseback of the CREATIVE
CONTRACTORS Property by CREATIVE CONTRACTORS in accordance with the terms
and provisions of that certain Business Lease Contract ("Lease") (attached hereto and
incorporated herein as EXHIBIT "G") in its substantial form, is integral and appurtenant to
this Contract and will be executed and effective simultaneous to closing, allowing
CREATIVE CONTRACTORS to remain in occupancy of the CREATIVE CONTRACTORS
Property post -closing.
34. ENTIRE AGREEMENT
Upon execution by CREATIVE CONTRACTORS and CITY, this contract shall constitute
the entire agreement between the parties, shall supersede any and all prior and
contemporaneous written and oral promises, representations or conditions in respect
thereto. All prior negotiations, agreements, memoranda and writings shall be merged
herein. Any changes to be made in this agreement shall only be valid when expressed in
writing, acknowledged by the parties and incorporated herein or attached hereto.
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35. COOPERATION OF CITY
The CITY acknowledges that CREATIVE CONTRACTORS desires to file applications
for development during the pendency of this Contract for Exchange of Real Property.
The CITY agrees to cooperate with CREATIVE by executing an Affidavit to Authorize
Agent as required by the City of Clearwater Planning & Development Services
Department, in order to allow CREATIVE to pursue such applications prior to Closing.
CREATIVE shall pay any and all costs in connection therewith, and hereby assumes all
risks related thereto, including the outcome of any such applications. CITY makes no
guarantee or warranty as to the outcome of the regulatory processes associated with
the applications.
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City Signature Page to Contract for Exchange of Real Property — CREATIVE
CONTRACTORS AND CITY OF CLEARWATER
Countersigned:
— R&D rkt.f\Cr VALOS
George N. Cretekos
Mayor
CITY OF CLEARWATER, FLORIDA
By: wagl,,,,,„.4116,-..,-m--
William B. Home II
City Manager
Approved as to form: Attest:
Laura Lipowski Mahony
Assistant City Attorney
[GM19-1313-133/246421/1]
Rosemarie Call
City Clerk
GM19-1313-133/244323/1 Page 12 of 43
Creative Contractors, Inc. Signature Page to Contract for Exchange of Real Property —
CREATIVE CONTRACTORS AND CITY OF CLEARWATER
Witness:
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Print Name
Witness:
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Print Name
Witness:
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Print Name
CREATIVE CONTRACTORS, INC.,
a Florida cor+ l.tion
By:
Print Na e: ALA.-) c 150.4sMAJ
Title: CO*
Alan C. Btein, i f ally
14
Nancy S. Bomstein, individually
[GM19-1313-133/247152/11 GM19-1313-133/244323/1
Page 13 of 47
EXHIBIT "A"
CREATIVE CONTRACTORS, INC. PROPERTY
Real Property ID Nos.: 09-29-15-44352-006-0030
09-29-15-44352-006-0050
09-29-15-44352-006-0070
As more particularly legally described as:
The real property, buildings and improvements located
on the East 1/2 of Lot 2; all of Lot 3; Lot 6 less North 62.5
feet thereof, and that part of Lots 4 and 5 lying West of
ACL Railroad right-of-way, Block 6, JONES
SUBDIVISION OF NICHOLSON'S ADDITION TO
CLEARWATER HARBOR, according to the map or plat
thereof as recorded in Plat Book 1, Page 13, of the Public
Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, together with that
certain vacated alley lying between said Lots 3, 4, 5, and
6; as more fully described in O.R. Book 1522, Page 34,
Public Records of Pinellas County, Florida.
AND
Easterly 60 feet of Lot 7, and North 1/2 of Lot 6, Block 6,
JONES SUBDIVISION OF NICHOLSON'S
ADDITION TO CLEARWATER HARBOR, according
to the map or plat thereof, as recorded in Plat Book 1,
Page 13, Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part.
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EXHIBIT "B"
CITY PROPERTY
Real Property ID No's: 17-29-16-00000-130-0900 AND 17-29-16-34650-000-0340
As more particularly legally described as:
Beginning at a point 530 feet East of the Southwest corner cf the SW 1/4
of the NE 1/4 of Section 3.7, Township 29 South, Range 16 East, run
thence East 200 feet, thence North 1320 feet to the north boundary line
of said SW 1/4 of NE 1/4 thence West 200 feet to a point S30 feet East
of the NW corner of said SW 1/4 of NE 1/4 of said Section, thence South
1320 feet to P.O.H., all in SW 1/4 of NE 1/4 of Section 17, Township 29
South, Razsge.l6 East. The above dimensions approximate more or less.
LESS AND EXCEPT that portion reserved for right of way of State Road #60
known as,GUl£ to May Boulevard.
LESS AND EXCEPT, :lnt, FOLLOWING DESCRIBED PROPERTY:
A portion of lana;' iyiag in the SW 1/4 of the NE 1/4 of Section 17,
Township 29 South ;Range 16 East, Pinellas County, Florida, and being
more particularly described as follows:
Commencing at the:Sout west corner of the SW 1/4 of the NE 1/4 of said
Section 17; thence run.N. 89°46'01° E., along the South line of the SW
1/4 of the NE 1/4 a<distance of S30.00 feet to a points thence run N.
00°20'15" W., a distance,of•60.00 feet to a point where the Northerly
right-of-way line of C t— to -Bay Boulevard intersects with the East line
of GULF TO BAY GARDENS, aavrecorded in Fiat Book' S0, Page 60, public
records of Pinellas County,rFl`orida said point being the Point of
Beginning; thence run N. 00620'19,W., along said East line of GULF TO
BAY GARDENS, a distance of 225.004feet to a point; thence nus in an
Easterly direction a distance,of 200:00 feet to a point; thence S.
00°20'15" E., a distance of 225.00.fest to a point on the Northern,
right-of-way of Gulf -to -Bay Boulevards7thence S. 89.45'01" W., along
said right-of-way a distance of 200:00 feet to the Point of Beginning.
AND
The North 300 feet of the East 100 feet or the West 830 feet of the SW
1/4 of the NE 1/4 of Section 17, Township 29=South, Range 16 East,
TOGETHER WITH AND INCLUDING an easement for ingress and egress to and
from the above granted property over and upon. the rear property in
Pinellas County, Florida, owned by gr2nntor'hereii and described as: The
East 15 feet of the East 100 feet of the *est(930 feat of the SW,1/4 of
the NE 1/4 of Section 17, Township 29 South, R`nge,16 fist, less- and
excepting the South 330 feet thereof.. nd *less and,e cepting the North
300 feet thereof.
AIM
North 60 feet of Lot 34, GULF TO BAY GARDENS, according to the map or
plat thereof as recorded in Plat Book 50, Page 60, public records of
Pinellas County, Florida.
[GM19-1313-133/246421/1]
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EXHIBIT "C-1"
GM19-1313-133/244323/1 Page 17 of 43
POINT OF
COMMENCEMENT
NE corner of Gulf to Bay
Gardens
Gulf to Bay
Gardens
Plat Book 50,
Page 60
NTA
POINT OF
BEGINNING
S 89' 5724"E 2101100'
This is not o survey
Shc9'5T24"E MOO'
East 30' —ow -
g
N
isa
w
IVB9.5TT/"W 1AD.X'
Legal Description
A 30' Right -of -Way Easement described as follows:
The South 280' of the East 30' of the following described tract:
Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County
Florida run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00';
thence S 00° 20' 15" E, a distance of 300.00" thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of
300.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit Cl
Vacation of 30' Right -of -Way Easement
O.R. 5870 PG. 761
DWG HO
Lg1_2019-19
SHEET
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/13/2019
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EXHIBIT "C-2"
POINT OF
COMMENCEMENT
NE corner of Gulf to Bay
Gardens
Gulf to Bay
Gardens
Plat Book 50,
Page 60
NTA
POINT OF
BEGINNING
S119°57'24"E 1101x00'
SW 5724"E 100.00' j
North 20'
1
N89°57'2I'w MOO'
South 15'
This is not a survey �
Legal Description
Drainage and Utility Easements described as follows:
The North 20' and South 15' of the following described tract'
t
Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County
Florida; run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00';
thence S 00° 20' 15" E, a distance of 300.00'; thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of
300.00' to the Point of Beginning.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Jim Benwell
CHECKED BY
Tom Mahony
Exhibit C2
Vacation of 20' & 15' Drainage and Utility
Easements, O.R. 5858 PG. 1539
owo Ho.
Lgl 2019-19
SHEET
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/12/2019
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Page 19 of 43
EXHIBIT "C-3"
NW Corner of the 4r
SW4ofthe NE4
Sec 17 -29S -16E
Mist 730'
West 545'
Gulf to Bay
Gardens
Plat Book 50,
Page 60
Legal Description -
A 15' Drainage and Utility easement described
as follows:
The East 15 of the West 545' of the SW of the
NE * of Section 17, Township 29 S, Range 16 E,
less the South 285'.
AND
A 10' Drainage and Utility easement described
as follows:
The East 10' of the West 730' of the SW of the
NE of Section 17, Township 29 S, Range 16 E,
less the South 330'.
This is not a survey
South line of the SW 4 of
I 1
I I
I I
111
9e�
eS
I I
1 I I
/ /
/ /
I__
GULF TO BAY BOULEVARD
( -Wa, V Isi)
East 1O' -
Lout 15'
South
265'
MTA
South
330'
North Right -of -Way Line
the NE 4 Sec 17 -29S -16E
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
N. Jim Benwell
CHECKED BY
Tom Mahony
Exhibit C3
Vacation of 15' & 10' Drainage and Utility
Easements, A Portion of O.R. 4082 PG. 117
D. HO
141 _2019-19
SHEET
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/13/2019
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Page 20 of 43
EXHIBIT "C-4"
West 730'
East 200'
NW Corner of the
SW1jofthe NE4
Sec 17-295-16E
NTS
&Oita
Gwd.=
Plat Book S6,
Pape
This is ct a survey
I
Legal Description
Garb Bay
Gordon
Plat Book SO,
Pail* 60
North 20'--1
A Drainage and Utility Easement described as follows:
The North 20' of the East 200' of the West 730' of the SW33 of the NE of Section 17,
Township 29 South, Range 16 East
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit C4
Vacation of 20' Drainage and Utility Easement
O.R. 5950 PG. 1028
DV. PO
Lg1_2019-19
SHEET
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/13/2019
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Page 21 of 43
EXHIBIT "D-1"
Note.'
Reeving basis obtaiaedhom David Avenue Property
Boundary Surrey by Land Precision Cavporadon, Job
019237 on 10/14Y2019.
Gulf to Bay Gardens
Plat Book 50, Page 60
Legal Description —Th
A 30' Drainage and Utility easement described
as follows:
Commence at the SW corner of the SW of the
NE of Section 17, Township 29 S, Range 16 E;
thence N 89° 46' 01" E, along the South line of
the SW + of the NE 4 of Section 17, Township 29
S, Range 16 E, a distance of 530.00'; thence
N 00° 20' 15" W, a distance of 285.00' to a
Point of Beginning; thence N 00° 20' 15" W, a
distance of 1046.24'; thence S 89° 57' 24" E, a
distance of 30.00'; thence S 00° 20' 15" E, a
distance of 1046.10'; thence S 89° 46' 01" W, a
distance of 30.00' to the Point of Beginning.
9
Line Table
Line #
Beating
Distance
LI
S89°57'24"E
30.00'
L2
S89°46'01" W
30.00'
POINT OF COMMENCEMENT
SW Corner of the SW i of
the NE a Sec 17-295-16E
Lf
//
1 L2
POINT OF
'BEGINNING 14.1
wg
JL
SOUTH CINE - SE; OF THE NE;
OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E
N89'46'Of" W 530.00'
30'
NTA
1
GULF
6•TO�BAY BOULEVARD
(R""s•e-way Yards)
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
.kg. Lee Cheek
CHECKED BY
Tom Mahony
Exhibit DI
Reserve 30' Drainage and Utility Easement
This is not a survey
2019-19 1 OF 1,
NO
Lg' "
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/13/2019
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Page 22 of 43
r
EXHIBIT "D-2"
This is t2p1 a survey
/
/
Lot 32
Gulf to Bay Gardens
Plat Book 50, Page 60
Lot 33
g
13/09
NTA
Legal Description
A 60' Ingress/Egress, Drainage and Utility Easement described as follows:
The North 60' of Lot 34, Gulf to Bay Gardens, as recorded in Plat Book 50, Page 60, of the
Public Records of Pinellas County, Florida.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TL.M
Exhibit D2
Reserve 60' Ingress/Egress, Drainage
and Utility Easement
ONn NO
Lg1_2019-19
SHEET
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/12/2019
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EXHIBIT "D-3"
Lot 33
ITNI
Ic
I
«W
W a
'-
Nthr.20'f6'W S I N8903S'45'E MBO'
4200'
Lot 34
Existing 16.15' Drainage and Utility Easement
OR 10541-111
POINT OF
BEGINNING
Lot 38
Gulf to Bay Gardens
Plat Book SO, Page 60
POINT OF COM11 ENCEMENT
SW Corner oftheSW of the
NES Sec 17-29S-I6E N89'd6'01"E 00.00'
A Utility Easement described as follows:
889'39'45'W fes'
13/09
0
Existing 10' Drainage and Utility Easement
Nota
Bsw*gboaabtvow6
obtained front P C grrnatory
Survey by Land
LorporotIon, Job /19237, on
Dodd A
10/13/1019
This is not survey NTA
Legal Description
Commence at the SW corner of the SW of the NE of Section 17, Township 29 S, Range 16 E: thence N 89° 46' 01" E, along the
South line of the NE } of Section 17, Township 29 S, Range 16 E, a distance of 530.00'; thence N 00° 20' 15" W, a distance of
359.00' to the Point of Beginning; thence N 00° 20' 15" W, a distance of 42.00'; thence N 89' 39' 45" E, a distance of 136,00';
thence S 00° 20' 15" E, a distance of 42.00'; thence S 89° 39' 45" W, a distance of 136.00' to the Point of Beginning.
CITY OF CLEARWATEIR
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit D3
Reserve Utility Easement
OTNG NO
Igl 2019-19
SHEET 1
1 OF 1
SEC-TWNSP-RNG 17 - 29 5 - 16 E
DATE DRAWN 12/13/2019
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Page 24 of 43
EXHIBIT "D-4"
POINT OF
COMMENCEMENT
NE corner of Gulf to
Bay Gardens
N00°20' 15"W
20.00'
Gulfto Bay
Gardens
Plat Book 50,
Page 60
NTA
POINT OF
BEGINNING
S 89° 57'24"E 81010.07'
Nola
6lsarihy boas Waked born
David Ampere Prepaid yy Boundary
SLrwy by Land P echiar►
Corporation, Job jf92JT, on
fO/23/2Of9
Existing 15'Dralnage and Ultility Easement OR 4082-117
N80'57'24"W 801.07'1
Existing 10' Drainage
and Utility Easement
OR 4082-117
This is agt a survey
11—
Legal
1—
Legal Description
A Drainage and Utility Easement described as follows:
Continence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County
Florida, also being the Point of Beginning; thence S 89° 57' 24" E, a distance of :300.07; thence S 000 20' 15"E, a distance of
20.00'; thence N 89° 57' 24" W, a distance of 300.07': thence N00° 20' 15" W, a distance of 20.00' to the Point of Beginning.
S 010°20' 15"E
20.010'
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit D4
Reserve 20' Drainage and Utility Easement
DV. PO
Lg1_2019-19
SHEE*
1 OF 1
SEC-TWNSP-RNG 17 - 29 S - 16 E
DATE DRAWN 12/13/2019
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Page 25 of 43
EXHIBIT "E-1"
WELLHEAD RESTRICTIONS
• A Wellhead Protection Permit application (EXHIBIT "G-2") must be submitted to
the Engineering Department of the City of Clearwater with all the
attachments requested for approval before construction can occur around the
wellsite.
• Sanitary sewer cannot be placed within 100' radius of the well.
• Reclaimed water cannot be used within 75' radius of the well.
• Contractors cannot build within 100' of existing wells mainly meaning structures
or items that are deemed high risk to ground water quality and public health.
• All rules, regulations, law or policy by any applicable governmental agency that
may apply to activities or impacts on Wellheads, as may be amended from time
to time.
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lk:11''I AND MAI !IIIii1• LAY f[181A( If
EXHIBIT "E-2"
Permit No:
Well No.:
Expiration Date:
For Det. Use On
APPLICATION FOR WELLHEAD PROTECTION PERMIT
City of Clearwater - Engineering Department
Owner's Name : Applicant's Name :
Owner's Address : Applicant's Address :
Owner's Phone No: Applicant's Phone No:
Project Name :
Project Address :
ID No. (s) of Adjacent Potable Water Well (s)
For all applications provide the following attachments:
1. Location map showing the potable water well, 500 feet surrounding the well and the property boundaries for
this application.
2. The location and identification of all uses within 500 feet for a commercial use or within 100 feet for a residential
use.
3. A list of all contaminating materials to be used or stored on the subject property.
If contaminating materials are proposed to be used or stored on the subject property, a Protection -
Containment Plan shall be submitted that includes the following:
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(1) A list of all regulated substances, including quantities, which are to be stored, handled, used or produced in the
activity being permitted.
(2) A detailed description of the activities that involve the storage, handling, use or production of the regulated
substances indicating the unit quantities in which the substances are contained or manipulated.
(3) A description of the containment, the emergency collection services and containers and the emergency plan
that will be employed.
(4) A description of the daily monitoring activities that have been or will be instituted.
(5) A description of the maintenance that will be provided for the containment facility, monitoring system and
emergency equipment.
(6) A description of the groundwater monitoring wells that have been or will be installed, other pertinent well
construction information and the arrangements which have been or will be made for certified analyses for
specified regulated substances (if required).
(7)
The extent of employee safety training and practices.
I hereby certify that the information contained herein is true and accurate and that I am the legal owner of the subject
property or have legal authority to execute this application on behalf of the property owner. I agree to indemnify and
hold the City of Clearwater harmless from any and all claims, liabilities, causes of action, or damages arising out of the
issuance of this permit. I am aware that any deviation from the information submitted with this application or the
conditions attached to the permit shall be considered a violation of Chapter 24, Article Ill, Clearwater Code of
Ordinance.
OWNER'S SIGNATURE: APPLICANT'S SIGNATURE
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EXHIBIT "E-3"
City of Clearwater Code of Ordinances
Wellhead Protection
Chapter 24 — Public Health
Article III — Wellhead Protection
Sec. 24.61. - Purpose and intent of article.
The purpose and intent of this article is to protect and safeguard the public health, safety, and
welfare by providing a wellhead protection program which regulates the use or storage of contaminating
materials within a prescribed protection zone surrounding potable water supply wells within the City of
Clearwater.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.62. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section:
Contaminating material means any physical, chemical, biological, or radiological formulation, mixture
or substance, wet or dry, natural or synthetic, that could be introduced into the public potable water
supply in quantities and concentrations that could violate the standards assigned to potable water as
established in Chapter 62-550, Florida Administrative Code (F.A.C.), of the Florida Department of
Environmental Protection (FDEP).
Engineering director means the director of the engineering department of the city, or an employee
within the engineering department authorized by the director to exercise authority or to carry out any of
the duties under this article.
Potable water well means any water well that supplies water for human consumption and that is
connected to the City of Clearwater Public Water System.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.63. - Permit—Required.
(1) A wellhead protection permit shall be obtained from the engineering director for any new business,
commercial, industrial or other activity that has the potential to store or discharge harmful quantities of
known contaminating materials if any portion of the subject property is within 1,000 feet of a potable
water well. A wellhead protection permit shall be obtained from the engineering director for any new
residential construction on property located within the city if any portion of the subject property is within
100 feet of a potable water well. A wellhead protection permit may be issued by the engineering
director after review of the application and protection -containment plan (if required) submitted by the
applicant. No business tax receipt or building permit shall be issued for any activity for which a wellhead
protection permit is required until such permit has been issued. Permits shall have a term not to exceed
[GM19-1313-133/246421/1] GM19-1313-133/244323/1 Page 29 of 43
12 months and shall expire on March 15 of each year. Applications for annual permit renewal shall be
submitted no later than 30 days prior to permit expiration.
(Ord. No. 7800-07, § 1, 9-6-07; Ord. No. 8070-09, § 15, 12-3-09)
Sec. 24.64. - Permit requirements.
(1) Activities within a 500 -foot radial distance around a potable water supply well shall conform to the
requirements of Chapter 62-521, F.A.C., Wellhead Protection.
(2) Activities defined as potentially high risk to ground water quality in Chapter 62-555.312, F.A.C. shall
not be permitted within 100 feet of an existing potable water supply well.
Activities defined as a moderate risk to ground water quality in Chapter 62-555.312, F.A.C. shall not
be permitted within 50 feet of an existing potable water supply well.
(4) If any new activity is proposed within 1,000 feet of a potable water supply well that has the potential
to store harmful quantities of known contaminating materials, a protection -contamination plan shall be
submitted. If any contaminating material is proposed to be used or stored for residential use within 100
feet of a potable water supply well, a protection -containment plan shall be submitted.
A wellhead protection permit application shall at a minimum include a location map of the potable
water well and 1,000 feet surrounding the well, plans for the proposed development or
expansion/change of an existing use (if applicable), the location and identification of the proposed
activity, a listing of any contaminating material to be used or stored on the site and a protection -
containment plan if necessary.
(3)
(5)
(Ord. No. 7800-07, § 1, 9-6-07; Ord. No. 8070-09, § 16, 12-3-09)
Sec. 24.65. - Review of protection -containment plan.
(1) In reviewing a protection -containment plan submitted by an applicant for a wellhead protection permit,
the following factors shall be considered when determining the sufficiency of the plan:
(a) The amount, character and intended use of the contaminating material involved;
(b) Storage, conveyance and handling techniques to be employed by the applicant;
(c) The extent of any propensity to spill, break, lose or discharge contaminating material;
(d) The type of containment devices to be employed;
(e) The extent of employee safety training and practices; and
(f) Any other consideration appropriate to the protection of the wellhead.
(2) No wellhead protection permit shall be issued unless the protection -containment plan and permit
application fully addresses all contamination and safety matters to the satisfaction of the engineering
director. A wellhead protection permit may be issued subject to conditions related to the protection of
the public potable water supply.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.66. - Permit denial.
If a wellhead protection permit application is denied, a notice of denial, including the reasons for such
denial, shall be provided to the applicant. The applicant may appeal a permit denial or may appeal a
condition imposed in conjunction with a permit approval, within 30 days following receipt of notice of
denial or approval by filing a request for review with the city manager. The request for review shall
[GM19-1313-133/246421/1] GM19-1313-133/244323/1 Page 30 of 43
include, among other things, a statement of the grounds upon which the applicant seeks review. The city
manager shall conduct a hearing within 45 days of receipt of a request for review. The city manager's
decision regarding the application shall be deemed the final administrative action of the city, and such
review shall be deemed a necessary administrative remedy prior to seeking judicial relief.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.67. - Sale of property, change of use.
(1) A wellhead protection permit shall be nontransferable and nonassignable. A new wellhead protection
permit shall be required whenever the property or business is conveyed. A new protection -containment
plan (if previously required or if required for new proposed activities) shall be submitted with the new
wellhead protection permit.
(2) A new wellhead protection permit shall be required whenever there is a change of use on the property
as defined in section 8-102 of the City of Clearwater Community Development Code. A new protection -
containment plan shall be submitted if required for the use, handling, conveyance or storage of
contaminating material on the property.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.68. - Enforcement of article—Inspections.
The engineering director shall designate employees within the engineering department as inspectors
for the purpose of enforcing this article. Such inspectors may inspect the premises of a wellhead
protection permit holder during normal working hours of the permit holder for the purpose of determining
compliance with this article and with any condition imposed in conjunction with the issuance of a permit.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.69. - Revocation of permit.
A failure to comply with any of the requirements of this article or a failure to comply with any
condition imposed upon the issuance of a wellhead protection permit shall constitute grounds for the
revocation of a wellhead protection permit. The engineering director may revoke a permit by providing
notice of revocation to the permit holder, which notice shall state the reasons for revocation. A revocation
shall be subject to review by the city manager in the same manner as a denial of a permit application, and
such review shall be deemed a necessary administrative remedy prior to seeking judicial relief.
(Ord. No. 7800-07, § 1, 9-6-07)
Sec. 24.70. - Violations and penalties.
(1) A failure to obtain a wellhead protection permit by any person required to obtain such permit, a failure
to comply with any of the requirements of this article, or a failure to comply with any condition imposed
upon the issuance of a wellhead protection permit shall constitute a violation of this article.
(2) Violations of this article shall be subject to punishment by a fine not to exceed $500.00 per day. The
city may take any appropriate enforcement action, pursuant to Section 1.12 of this Code and Article 7
of the Community Development Code, in any available judicial or administrative forum to enforce the
provisions of this article.
(Ord. No. 7800-07, § 1, 9-6-07)
[GM19-1313-133/246421/1]
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EXHIBIT "F"
CITY PROPERTY - AVAILABILITY OF UTILITIES
Potable Water Access
• For fire protection the Fire Department requires fire hydrants to come off a 6"
water main. Note the locations of the 6" water mains because the water mains
do reduce down to 4" water mains on both David Avenue and Elizabeth Ave (see
map attached). The Fire Department will also require a certain amount of fire
hydrants depending on the construction plans. Fire protection will also need to
have a certain flow reached and inspected for.
• Potable water can be accessed from either Elizabeth Ave or David Ave. The
system will need to be looped.
Sanitary Sewer Access
• Sanitary sewer can be accessed from either Elizabeth Ave or David Ave. The
facility that the sanitary sewer is going to be able to handle this addition to the
system.
CREATIVE CONTRACTORS acknowledges and agrees that the CITY has provided the
above information based on its records and the best information available to it; however,
the CITY makes no warranties as to the location or sufficiency of utilities for CREATIVE
CONTRACTORS use of the Property or future development.
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Page 32 of 43
EXHIBIT "F" (page 2)
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Exhibit "G"
Lease form for Creative Contractors to lease back CREATIVE CONTRACTORS Property
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT entered into this day of , 2020
("Effective Date"), by and between the CITY OF CLEARWATER, FLORIDA, and Florida
Municipality, as Lessor, and CREATIVE CONTRACTORS, INC., a Florida Corporation,
as Lessee (individually referred to herein as "Party" or collectively as the "Parties").
WITNESSETH:
That the Lessor does lease to the Lessee the following described property located
in Pinellas County, Florida:
See EXHIBIT "A" attached hereto and by this reference incorporated herein.
Such property shall hereinafter be referred to as the "Leased Premises" or the
"Demised Premises" or the "Leased Property."
1. LEASE TERM.
The term of this lease shall commence on the day of closing of that certain Contract
for Purchase of Real Property by and between the Parties entered into the day
of , 2019 and shall remain in full force and effect for a period of
Eighteen (18) months from the Effective Date ("Lease Term"). If Lessee is not in default
of any lease provision, Lessee shall further have the privilege and option of terminating
this Lease prior to its expiration upon giving Lessor not less than sixty (60) days written
notice and fully paying any and all costs, including, but not limited to, rent, utilities, taxes
and insurance expenses for which Lessee is responsible, through the effective date of
termination.
2. RENT
(a) For the enjoyment and use of the Leased Premises referred to and
described in Exhibit "A", Lessee covenants and agrees to pay to the Lessor, without
demand, rent as provided herein. Rent payments shall begin to accrue on the Effective
Date of this Lease. Lessee shall pay to Lessor monthly rent in the amount as indicated
below, together with all applicable Florida and/or Federal Sales Tax due thereon.
(b) Commencing on the Effective Date, annual rent shall be paid in the
amount of Forty Nine Thousand Eight Hundred and 68/100 Dollars ($49,868.00) (the
"Annual Rental Amount") computed by calculating a percentage/factor of seven point
two eight percent (7.28%) of the appraised value of the parcel, which at the inception of
this lease is valued at Six Hundred Eighty -Five Thousand and xx/100 Dollars
($685,000.00) ("Appraised Value") which annual rent amount shall be payable in
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advance in monthly installments. The first monthly rent installment of Four Thousand
One Hundred Fifty -Five and 66/100 Cents ($4,155.66) plus applicable Florida and/or
Federal sales tax due thereon shall be paid to Lessor on the Effective Date, and the
remaining annual rent installments shall be paid monthly, in advance, on or before the
first day of the month during the term of this Lease Agreement. Said installments shall
be paid when due, without demand, to the order and in the name as directed by Lessor.
The first or any partial months' rent shall be prorated if the Effective Date does not fall
on the first of the month or for any partial month.
3. SECURITY DEPOSIT.
Lessee shall deposit with Lessor on the signing of this lease the sum of Four
Thousand One Hundred Fifty -Five and 66/100 Cents ($4,155.66) as security for the
performance of Lessee's obligations under this lease, including without limitation the
surrender of possession of the premises to Lessor as herein provided. If Lessor applies
any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit
with Lessor the amount so applied so that Lessor shall have the full deposit on hand at
all times during the term of this lease.
4. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use
can be made of the premises during the term without the written consent of the Lessor:
The premises will be used by Lessee in continuance of its business operation as a
construction company. Further, Lessee may not sublease the property.
5. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to
Lessee and are or shall be individually metered for the subject premises. All deposits for
such utilities shall be the sole responsibility of Lessee.
6. COMMON AREA MAINTENANCE AND TAXES.
Lessee shall be responsible for the common area maintenance expenses the on
the Leased Property, if applicable. If any ad valorem taxes, intangible property taxes,
personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully
on the Leased Property, based on the Lessee's use of the Leased Property during the
Lease Term, the Lessee agrees to pay all such taxes, assessments or liens, within thirty
(30) days after receiving demand for same or within thirty (30) days after receiving written
notice from the Lessor, whichever is sooner. In the event the Lessee fails to pay all such
taxes assessed or levied on the Property within thirty (30) days after receiving written
notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, subject
to immediate reimbursement thereof together with any interest, calculated at the
maximum rate allowed by law, and any administrative costs incurred by the
Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this paragraph
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will constitute a material default of this Lease.
7. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during
the Lease Term, all laws, rules, requirements, orders, directives, codes, ordinances and
regulations of governmental authorities and agencies and of insurance carriers which
relate to its use or occupancy of the Leased Premises.
8. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, which Lessor
may grant or withhold in its sole discretion, assign, mortgage, pledge, or encumber this
lease, in whole or in part. This covenant shall be binding on the legal representatives of
Lessee, and on every person to whom Lessee's interest under this lease passes by
operation of law, but it shall not apply to an assignment or subletting to the parent or
subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by
a consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee or current
tenants, and Lessee is in material default hereunder, or if this lease is assigned by
Lessee, Lessor may collect rent from the assignee, unauthorized subtenant, or
unauthorized occupant, and apply the net amount collected to the rent herein reserved.
No such collection shall be deemed a waiver of the covenant herein against assignment
and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee,
or a release of Lessee from further performance of the covenants herein contained.
9. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or
improvements which are part of the Leased Property without the written consent of the
Lessor, and any such modifications or additions to said property shall become the
property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee
shall restore the Leased Property at Lessee's expense to its original condition. The
restrictions of this paragraph shall not apply to maintenance of the Leased Property, but
shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture
to any part of the Leased Property which cannot be removed without damage thereto. In
the event Lessee desires to make any alterations or modifications, written notice shall be
given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee
within twenty (20) days after written notice from Lessee, the proposal shall be deemed
approved. Lessee shall have no power or authority to permit mechanics' or materialmen's
liens to be placed upon the Leased Property in connection with maintenance, alterations
or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge
any mechanic's liens for materials or labor claimed to have been furnished to the premises
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on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by
Lessee which have not become the property of Lessor, including trade fixtures and the
like. All property remaining on the premises after the last day of the term of this lease
shall be conclusively deemed abandoned and may be removed by Lessor and Lessee
shall reimburse Lessor for the cost of such removal.
10. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the
Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for
any loss or damage that may be occasioned by or through the acts or omissions of
persons occupying adjoining premises or any part of the premises adjacent to or
connected with the premises hereby leased or any part of the building which the Leased
Premises are a part of or any Toss or damage resulting to the Lessee or its property from
bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due
to the negligence of the Lessor, its agents, servants or employees.
11. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable
hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to
exhibit said premises. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions, which do not conform to this agreement.
12. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable
condition for use by Lessee. Lessee's acceptance or occupancy of the Leased Premises
shall constitute a recognition of such condition. Lessee hereby accepts the premises in
the condition they are in at the beginning of this lease and agrees to maintain said
premises in the same condition, order and repair as they are at the commencement of
said term, and to return the premises to their original condition at the expiration of the
term, excepting only reasonable wear and tear arising from the use thereof under this
agreement. The Lessee agrees to make good to said Lessor immediately upon demand,
any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or
neglect of Lessee or of any person or persons in the employ or under the control of the
Lessee.
13. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in
Exhibit "B" attached hereto and made a part hereof as if said document were fully set
forth at length herein.
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14. MAINTENANCE.
Lessor shall keep the foundation, outer walls, roof and buried conduits of the
premises in good repair, except that the Lessor shall not be called on to make any such
repairs occasioned by the negligence of the Lessee, its agents, express or implied
invitees, or employees. Lessee shall keep the inside of said premises and the interior
doors, windows and window frames of said premises in good order, condition and repair
and shall also keep the premises in a clean, sanitary and safe condition in accordance
with law and in accordance with all directions, rules and regulations of governmental
agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs
used on the premises. The plumbing facilities shall not be used for any other purposes
than that for which they are constructed and no foreign substances of any kind shall be
thrown therein, and the expense of any breakage, stoppage or damage resulting from the
violation of this provision shall be borne by the Lessee. The heating and air-conditioning
system and plumbing facilities shall be under the control of Lessee, and Lessee agrees
that all operation, upkeep, repairs and replacements will be at Lessee's expense, except
where the repairs or replacements shall be caused by the negligence or misuse by Lessor
or its employees, agents, invitees, or licensees. In the event Lessor pays any monies
required to be paid by Lessee hereunder, Lessor shall demand repayment of same from
Lessee and Lessee shall make payment within ten (10) days of receipt of said demand.
Lessee's failure to make such repayment within the ten (10) day period shall constitute a
default under the terms of this lease and all monies due shall become additional rent.
15. DESTRUCTION OF PREMISES.
In the event the building should be partially or totally destroyed by fire, earthquake
or other cause, either party may terminate this lease. Lessor shall have no obligation to
rebuild.
16. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public
authority under power of eminent domain, then the term of this lease shall cease on the
part so taken from the date title vests pursuant to such taking, and the rent and any
additional rent shall be paid up to that day, and if such portion of the Demised Premises
is so taken as to destroy the usefulness of the premises for the purpose for which the
premises were leased, then from that day the Lessee shall have the right to either
terminate this lease or to continue in possession of the remainder of the same under the
terms herein provided, except that the rent shall be reduced in proportion to the amount
of the premises taken. The parties agree that the Lessee shall not be entitled to any
damages by reason of the taking of this leasehold or be entitled to any part of the award
for such taking, or any payment in lieu thereof.
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17. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises
by the Lessor and any other owner provided, however, that such mortgages will not cover
the equipment and fumiture or furnishings on the premises owned by the Lessee. The
Lessee further agrees to execute any instrument of subordination which might be required
by mortgagee of the Lessor.
18. DEFAULT; REMEDIES.
(a) The Lessee further covenants that, if default shall be made in the payment of
rent, or any additional rent, when due, or if the Lessee shall violate any of the other
covenants of this lease and fail to correct such default within fifteen (15) days after a
written request by the Lessor to do so, then the Lessor may, at its option, deem this lease
terminated, accelerate all rents and future rents called for hereunder and Lessee shall
become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of
the premises as provided by law.
(b) In case the Leased Property shall be abandoned, as such term is defined by
Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the
Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force
or otherwise, without being liable to any prosecution or claim therefor, and may relet the
Leased Property as the agent of the Lessee and receive the rent therefor and apply the
same to the payment of such expenses as Lessor may have incurred in connection with
the recovery of possession, reduction, refurbishing or otherwise changing or preparing
for reletting, including brokerage and reasonable attorney's fees. Thereafter, it shall be
applied to the payment of damages in amounts equal to the rent hereunder and to the
cost and expenses of performance of the other covenants of Lessee as provided herein;
or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15)
days' written notice of such intention served upon the Lessee or left upon the Leased
Property, and the term hereof shall absolutely expire and terminate immediately upon the
expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter
be liable to the Lessor for any deficiency between the rent due hereunder for the balance
of the term of this lease and the rent actually received by Lessor from the Leased Property
for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the
occurrence of any or all of the following events: an assignment by Lessee for the benefit
of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under
any law for the purpose of adjudicating Lessee bankrupt; or for reorganization,
dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the
appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each
of the foregoing events shall constitute a default by Lessee and breach of this lease.
(d) Lessor, at its option, may terminate this lease in the event the Clearwater
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City Council determines at a duly constituted City Council meeting that the lease
premises are needed for other municipal purposes and serves the Lessee with one
hundred twenty (120) days -notice of such intended use.
19. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time,
and in the event of such assignment, the Lessor shall be relieved of all liabilities
hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the
Lessee and assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the
essence of this contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent
by certified or registered mail, or hand delivered to the Lessee hereunder, shall constitute
sufficient notice to the Lessee, and written notice sent by certified or registered mail or
hand delivered to the Lessor shall constitute sufficient notice to the Lessor, to comply with
the terms of this contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on
the part of the Lessor to exercise promptly any rights given hereunder shall not operate
to forfeit any of the said rights.
(f) It is hereby understood and agreed that Lessee shall abide by all applicable
rules, regulations and law regarding signs.
(g) It is understood that no representations or promises shall be binding on the
parties hereto except those representations and promises contained herein or in some
future writing signed by the party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from
Lessee is not received by Lessor within five (5) days after such amount shall be due,
Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue
amount. The Lessor shall not be required to accept any rent not paid within five (5) days
subsequent of the date when due absent the simultaneous payment of this late charge.
The requirement for a late charge set out herein shall not be construed to create a curative
period or a grace period for the timely payment of rent.
20. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended
coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the
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Leased Property or property of Lessor. Each party shall look first to any insurance in its
favor before making any claim against the other party. Nothing contained herein shall in any
way be considered or construed as a waiver or release by the Lessor of any and all of the
other covenants and conditions contained in this lease to be performed by the Lessee.
21. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a
requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the
lender verifying the standing of the lease, the terms thereof, and all amounts paid
thereunder and such other matters as may be reasonably requested.
22. PARKING SPACES.
Lessee shall have the right to use available parking.
23. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses
incurred by the Lessor arising out of or related to the Leased Premises or Lessee's use
or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its
agents, to perform any provision, term, covenant or agreement required to be performed
by the Lessee under this agreement; (b) any occurrence, injury or personal or property
damage which shall happen in or about the Leased Property or appurtenances resulting
from the occupation of, condition, maintenance, construction on or of the operation of the
Leased Property; (c) failure to comply with any requirements of any governmental
authority or insurance company insuring the Leased Property or its contents; (d) any
security agreement, conditional bill of sale or chattel mortgage or mechanic's lien
connected with Lessee, its obligations or operations, filed against the Leased Property,
fixtures, equipment or personalty therein; and (e) any construction, work, alterations or
improvements by Lessee on the Leased Property. Such indemnification shall include
reasonable attorney's fees for all proceedings, trials and appeals.
24. "AS IS" CONDITION.
The Lessee accepts the Leased Premises on an "as is" basis, and Lessor shall
have no obligation to improve or remodel the Leased Premises.
25. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises
unless Lessee shall have first notified Lessor in writing of the condition or conditions giving
rise thereto and, if the complaints be justified, unless Lessor shall have failed within a
reasonable time after receipt of such notice to remedy such conditions.
26. JANITORIAL EXPENSES.
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Lessee shall obtain janitorial services for the Leased Premises at its expense.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect
the remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of
reference only and are not to be considered in the construction of this lease or in the
interpretation of the rights or obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials,
hazardous waste, or other hazardous substances will be used, handled, stored or
otherwise placed upon the property or, in the altemative, that such materials, wastes or
substances may be located on the property, only upon the prior written consent of the
Lessor hereunder, and only in strict accord and compliance with any and all applicable
state and federal laws and ordinances. In the event such materials are utilized, handled,
stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or
damages as may be assessed against Lessor in connection with or otherwise relating to
said hazardous materials, wastes or substances at any time, without regard to the term
of this lease. This provision shall specifically survive the termination hereof.
30. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the
life of this Contract.
31. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at
law, then the parties agree that each party shall bear its own attomey fees and costs
unless otherwise specifically provided for herein.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought
by either party shall lie in Pinellas County, Florida.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the
date set forth above.
Countersigned:
By:
CITY OF CLEARWATER, FLORIDA
George N. Cretekos William B. Home II
Mayor City Manager
Approved as to form: Attest:
Laura Lipowski Mahony
Assistant City Attorney
Attest:
Print Name:
By:
Rosemarie CaII
City Clerk
Creative Contractors, Inc.
Print Name:
Title:
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13464906v1
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