Illustration 6, 342 FW 5, Sample Lease



FWM#:     148 (new)
Date:        June 21, 1994
Series:      Real Property
Part 342:  Realty Operations
Originating Office: Division of Realty

UNITED STATES DEPARTMENT OF THE INTERIOR
U.S. FISH AND WILDLIFE SERVICE
______
LEASE

        THIS LEASE, made and entered into this first day of June, one thousand nine hundred and ninety-three, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, herein called the lessor, for itself and its successors and assigns, and the UNITED STATES OF AMERICA, acting in this behalf by and through the U.S. FISH AND WILDLIFE SERVICE, hereinafter referred to as the Service,

        WITNESSETH:

1.    In consideration of the mutual covenants herein and the benefits to such lands to be derived from their use pursuant to this lease, the lessor hereby leases to the United States, upon the terms and conditions hereinafter set forth, the lands, tenements, and hereditaments, together with all the rights, easements, and appurtenances thereunto belonging, owned by it and situated in Pinellas County, Florida, containing 347.00 acres, more or less, and more particularly described as follows:

Township 32 South, Range 16 East, Tallahassee Meridian

                    In Section 27, Lot 1
                    In Section 28, Lot 1

        II. That certain island known as Indian or Bird Key, described as follows:         The above two islands and waterbottoms are part of the area granted to Pinellas County by the State of Florida and described in Chapter 30400 (House Bill No. 1137) of the Acts of the Legislature of 1955, recorded in Pinellas County Book of Deeds, Book 1548, page 463, and further delineated by a map in said Book of Deeds, page 471.

2.     This land is being leased for the purpose of carrying out the provisions of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), as amended, and for the right to administer and protect the area as a part of the Pinellas National Wildlife Refuge, and the lessor herein binds itself, its agents and employees, to conform to and be governed by the rules and regulations pertaining to the protection of wildlife on national wildlife refuges as prescribed from time to time by the Secretary of the Interior, or his authorized agent, the Regional Director of the U.S. Fish and Wildlife Service.

3.     The lands are subject to the following exceptions and reservations:

        (a) Easements, if any, for all roads, drainage ditches, and public utilities as may now be located on or across the premises, or of record.

        (b) The reservation by the lessor of oil, gas, and other minerals, together with the necessary rights of ingress and egress, to explore for, mine, drill, and produce oil, gas, and other mineral resources.

4.     The following terms and conditions shall govern the lease of said lands:

        (a) This lease shall take effect the first day of the month following acceptance by the United States of America, and continue in force and effect until June 30, 1994, subject to renewal at the option of the United States for additional periods of 12 months each. Unless the United States shall notify the lessor in writing prior to the expiration of any yearly period, the renewal option in favor of the United States shall be deemed exercised and this agreement shall continue in effect for the ensuing year. This agreement shall continue in full force and effect from year to year until such time as either party hereto shall notify the other party in writing of its intention to terminate the same, whereupon the agreement shall terminate at the close of the then current yearly period.

        (b) The Service shall perform all work of construction on and maintenance of the area as may be necessary for administration and protection of the area at its own expense and in such manner as not to interfere with the lessor's remaining interest in the property.

        (c) All structures, facilities, and appurtenances thereunto belonging placed upon the land hereinabove described and necessary to the exercise of the privileges granted by this lease shall remain the property of the United States, and it shall have the privilege of removing the same within 90 days after the termination of this lease.

        (d) The lease shall not be assigned in whole or in part.

5.     Pursuant to Section 22, Title 41, United States Code, it is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, after his election or appointment, and either before or after he has qualified and during his continuance in office, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise
thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company.

6.     That the lessor, Pinellas County, acting by and through the Board of County Commissioners as aforesaid, enters, into the within contract, pursuant to the authority contained in the Resolution which was passed at a duly called meeting of the Board of County Commissioners, at which a quorum of said Commissioners was present, held at Clearwater, Florida, on the eighth day of December 1992.

    IN WITNESS WHEREOF, the lessor does cause this instrument to be executed by its Chairman of the Board of Commissioners and its seal affixed on the day first above written, with the understanding that this agreement for lease cannot be executed by the Secretary of the Interior until after it is reported to him for his consideration and therefore the lessor, for and in consideration of the premises, has and does hereby grant unto the United States of America by and through the Secretary of the Interior or his duly authorized agent, the Regional Director of the U.S. Fish and Wildlife Service, the option and right to enter into this agreement for lease within 12 months from the execution thereof by the lessor.

In the presence of                                                 PINELLAS COUNTY, FLORIDA

                                                                                        BOARD SEAL AFFIXED

/s/ ____________________                        By /s/                                                            (SEAL)
                                                                                    Chairman, Board of Commissioners

/s/                                                                Attest /s/                                                        (SEAL)
                                                                                    Clerk, Board of Commissioners

                                                                    By /s/
                                                                                    Deputy Clerk


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