TEMPORARY PARKING LOT LEASETEMPORARY PARKING LOT LEASE _ �
THIS LEASE is made and entered into this Jb� day of ��wth, 2008, by and
between SALT BLOCK 57, L:L.C., a Utah limited liability company, 1001 EastAtlanticAvenue,
Suite 202, Delray Beach, Florida 33483, herein called "Lessor", and The City of Clearwater,
a Florida Municipal Corporation, 112 South Osceola Avenue, Clearwater, Florida, 33756,
herein called "Lessee".
WITNESSETH:
WHEREAS, Lessor has ownership of and control over the use of that property located
at 430 South Gulfview Boulevard, Clearwater Beach, Florida 33767; and
WHEREAS, Lessor desires to lease portions of such premises; and
WHEREAS, Lessee desires to use such premises for public purposes;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this Lease, Lessor and Lessee hereby agree as follows:
1. TITLE. The title of this lease is the Temporary Parking Lot Lease ("Lease").
2. TERM. The initial term of this Lease (Lease Term) shall commence on April 4, 2008
(the Commencement Date) and continue until September 30, 2008, unless terminated earlier
under Paragraph 15 or 16 of this Lease. Lessee may at its sole option extend the Lease Term
on a month-to-month basis upon the same terms and conditions provided herein, so long as
Lessee initially exercises this option not fewer than sixty (60) days prior to the end of the Lease
Term and thirty (30) days prior to the termination of any subsequent month-to-month extension
of the Lease Term. During any month-to-month extension of the Lease Term, either party shall
have the absolute and unconditional right to terminate this Lease by giving thirty (30) days
written notice to the other party.
3. RENT. Lessee agrees to pay the sum of $120.00 per parking space, together with all
applicable sales and use taxes, monthly during the Lease Term, the first payment being due
on May 1, 2008 covering the rent from the Commencement Date through the month of May,
2008, and on each subsequent month payment will be made on the 1 st of each month.
Lessee agrees to lease a minimum of 94 parking spaces.
4. REAL ESTATE AND PROPERTY TAXES. Lessor agrees to pay all real estate and
property taxes due on the property during the term of the Lease.
5. LEASEHOLD. The Lessor leases to the Lessee the following described property
("Demised Premises"), including all improvements thereon, located in Pinellas County, Florida,
to wit:
A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT 36 OF
LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDAAND LANDS AND SUBMERGED LANDS LYING BETWEEN
AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER
MARK AND THE BULKHEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER NO,
22310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE, 542, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA , SAID TRACT BEING DESCRIBED AS
FOLLOWS:
FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77° 41' 16"
WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE
SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT
ON THE BULKHEAD LINE DESCRIBED ABOVE; RUN THENCE SOUTHEASTERLY
ALONG SAID BULKHEAD LINE ALONG A CURVE TO THE LEFT (RADIUS -1247.0 FEET)
AN ARC DISTANCE OF 296.79 FEET, (CHORD BEARING — SOUTH 19° 07' 51" EAST);
RUN THENCE NORTH 68° 55' 27" EAST A DISTANCE OF 402.14 FEET TO A POINT ON
THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY
ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35, 34 AND 33, WHICH
LINE IS A CURVE TO THE RIGHT (RADIUS - 847.0 FEET) AN ARC DISTANCE OF 235.76
FEET (CHORD - 235.0 FEET, CHORD BEARING — NORTH 20° 17' 10" WEST) TO THE
POINT OF BEGINNING.
BEING THE SAME PROPERTY AS: A TRACT OF LAND CONSISTING OF LOTS 33, 34
AND 35 AND PART OF LOT 36 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LANDS AND
SUBMERGED LANDS LYING BETWEEN AND SOUTHERLY, SOUTHWESTERLY OR
WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED
IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE
STATE OF FLORIDA DISCLAIMER NO. 22310, AS RECORDED IN OFFICIAL RECORDS
BOOK 765, PAGE 542, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE
NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT-OF-WAY MARGIN OF
GULF VIEW BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; SAID
POINT BEING THE PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEET
AND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE
LEFT AND ALONG THE WEST RIGHT-OF-WAY MARGIN OF GULF VIEW BOULEVARD A
CHORD BEARING OF SOUTH 20° 17' 10" EAST AND A CHORD DISTANCE OF 235.00
FEET TO AN IRON PIN: THENCE RUN SOUTH 68° 55' 27" WEST FOR A DISTANCE OF
402.14 FEET TO AN IRON PIN. SAID POINT BEING THE PC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; THENCE
RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 19° 07' 51"
WEST AND A CHORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN
NORTH 77° 41' 16" EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO
THE TRUE POINT OF BEGINNING.
6. USE OF PREMISES. Lessee shall have the use of the Demised Premises as a
temporary parking lot only and for no other purpose during the Term. Lessee covenants and
agrees to make no unlawful, improperoroffensive use of the Demised Premises. Lessee shall
have unfettered access to the Demised Premises starting on the Commencement Date for the
purpose of setting up the Demised Premises for its intended use as a temporary parking lot.
Lessee agrees not to use or permit the use of the Demised Premises for any purpose that is
illegal or is in violation of any applicable legal, governmental or quasi-governmental
requirement, ordinance or rule, or that, in Lessor's opinion, creates a nuisance or injures the
reputation of the Lessor. At the termination of this Lease, Lessee agrees to return the
Demised Premises, including all fencing and gates, to Lessor in as good condition as at the
effective date of this Lease, subject to normal wear and tear.
7. MAINTENANCE OF PREMISES. Lessee shall properly maintain the Demised
Premises in a clean and orderly condition. By taking possession, Lessee accepts the
Demised Premises as being free from defects and in good, clean and sanitary order, condition
and repair, and agrees to keep the Demised Premises in such condition, ordinary wear and
tear excepted, so long as the Lessor warrants that the Demised Premises, to the best
knowledge and belief of Lessor, is structurally sound for the intended use as a temporary
parking lot. Lessee shall, at its expense, keep and maintain the Demised Premises in good
order and repair and not commit or allow any waste to be committed on any portion of the
Demised Premises. Lessor shall not have any responsibility to maintain or repair the Demised
Premises.
8. Repairs and Improvements; WARRANTY OF STRUCTURAL SOUNDNESS.
a. Lessee agrees to make those improvements described in the "Proposed
Inventory" section of Exhibit "A" at Lessee's expense (the "Work"). The
following shall apply with respect to such alterations: (i) prior to the
commencement of the Work or the delivery of any materials to the Demised
Premises, Lessor understands and approves of Lessee conducting the Work,
and the Lessee shall provide Lessor proof of self-insurance; (ii) all such Work
shall comply with all insurance requirements, all laws, ordinances, rules and
regulations of all governmental authorities, and all collective bargaining
agreements applicable to the Demised Premises, and shall be done in a good
and workmanlike manner and with the use of good grades of new materials;
(iii) without limitation of the other provisions of this Paragraph 8, Lessee
agrees not to suffer any materialman lien to be placed or filed against the
Demised Premises. In case any such lien shall be filed, Lessee shall
immediately satisfy and release such lien of record. If Lessee shall fail to have
such lien immediately satisfied and released of record, Lessor may, on behalf
of Lessee, without being responsible for making any investigation as to the
validity of such lien and without limiting or affecting any other remedies Lessor
may have, pay the same and Lessee shall pay Lessor on demand the amount
so paid by Lessor, and (iv) if any item within the scope of the Work exceeds
the estimated cost, or if funding is not available, then Lessee may, at its sole
discretion, modify or decide not to make that particular improvement.
b. Any improvements installed by Lessee will be removed by Lessee, and Lessee
will return the Demised Premises to its original condition at the expiration of
the Term, excepting only reasonable wear and tear arising from the use
thereof under this Lease.
9. UTILITIES. There presently are no utility services on the Demised Premises and
Lessor shall not be obligated to provide any utilities.
10. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon
observing and performing the covenants, terms and conditions required by this Lease,
Lessee shall peaceably and quietly hold and enjoy the Demised Premises for the Term
without hindrance or interruption by Lessor.
11. INSURANCE. Prior to taking possession of the premises Lessee shall provide proof of
self-insurance against claims for injuries to persons or damage to property that may arise from or
in connection with this Lease. If Lessee allows any insurance required under this article to lapse,
Lessor may, at its option, take out and pay the premiums on the necessary insurance to comply
and Lessor is entitled to immediate reimbursement from Lessee for all amounts spent to procure
and maintain the insurance. Lessor shall not be required to maintain insurance against thefts
within the Demised Premises or any other insurance. Lessee shall, at Lessor's request from
time to time, provide Lessor with proof of current self-insurance evidencing Lessee's
compliance with the terms and requirements of this Paragraph 11.
12. LESSEE'S INDEMNITY. Lessee agrees to assume all risks relating to the Demised
Premises and all liabilitytherefor, and shall defend, indemnify, and hold harmless Lessorand
Lessor's Related Parties (i.e. Lessor's beneficiaries, mortgagees, stockholders, agents
(including, without limitation, management agents), partners, officers, servants and
employees, and their respective agents, partners, officers, servants and employees) from and
against claims arising out of, or because of, or due to negligent act or occurrence or omission
of Lessee, its agents, employees, guests, or invitees. Lessor shall not be liable to Lessee, or
to Lessee's agents, servants, employees, customers, or invitees for any injury to person or
damage to property caused by any act, omission, or neglect of Lessee, its agents, servants,
employees, invitees, licensees or any other person entering the Demised Premises under the
invitation of Lessee or arising out of a default by Lessee in the performance of its obligations
hereunder. If any damage to the Demised Premises or any equipment or appurtenance
therein belonging to Lessor results from any act or neglect of Lessee, its agents, employees,
guests or invitees, Lessee shall be liable therefor, and Lessor may, at Lessor's option repair
such damage, and Lessee shall, upon demand by Lessor, reimburse Lessor the total cost of
such repairs and damages to the Demised Premises. If Lessor elects not to repair such
damage, Lessee shall promptly repair such damages at its own cost. However, nothing
herein shall constitute a waiver by Lessee of its sovereign immunity and the limitations set
forth in Section 768.28 Florida Statutes.
13. DAMAGE TO PREMISES. If the Demised Premises is damaged by fire or otherwise
to such extent so as to interfere with its use by Lessee, the rent payable for the period
commencing on the date on which Lessee gives Lessor written notice of such damage, and
ending on the date on which restoration of the Demised Premises is completed, shall be
abated in the proportion which the parking space made unusable bears to the parking spaces
leased to Lessee prior to the damage. If the Demised Premises is totally destroyed or
rendered untenantable, Lessor shall have the right, but no obligation, to render the Demised
Premises tenantable by repairs within thirty (30) days from the date that insurance claims of
Lessor and Lessee shall have been settled and Lessor shall be free of all restrictions as to
proceeding with the work of repair or rebuilding.
14. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein, may
not be assigned, transferred or subleased by Lessee without the written consent of Lessor,
which consent may be withheld in Lessor's sole discretion. It is understood and agreed that
Lessor may, at any time, with thirty (30) days notice, assign or delegate any or all of its rights
hereunder.
15. TERMINATION BY LESSEE. This Lease shall be subject to termination by Lessee in
the event of any one or more of the following events:
a. Material default by the Lessor in the performance of any of the terms,
covenants or conditions of this Lease, and in the failure of the Lessor to
remedy, or unde�take to remedy, to Lessee's satisfaction, such default for a
period of thirty (30) days after receipt of notice from Lessee to remedy the
same.
b. Lessee is subject to annual budgetary appropriations, and if Lessee's City
Manager determines that such funding is not available, then Lessee can
terminate within thirty (30) days written notice to Lessor.
16. TERMINATION BY LESSOR. This Lease shall be subject to termination by Lessor in
the event of any one or more of the following events:
a
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Nonpayment by Lessee of payments required in this Lease or failure to timely
comply with the terms or conditions of this Lease.
Lessor determines that the Demised Premises is so extensively damaged by
some casualty that it is impractical to repair such Demised Premises.
17. NOTICE. Any notice given by one party to the other in connection with the Lease shall
be sent by certified mail, return receipt requested, with postage and fees prepaid:
If to Lessor, addressed to:
Copy addressed to:
If to Lessee, addressed to:
Copy addressed to:
Mark Walsh
1001 East Atlantic Avenue
Suite 202
Delray Beach, Florida 33483
Richard H. Critchfield, Esquire
1001 East Atlantic Avenue
Suite 201
Delray Beach, Florida 33483
Michael D. Quillen
Director of Engineering
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
City of Clearwater
City Attorney
P.O. Box 4748
Clearwater, Florida 33758-4748
18. SUBORDINATION TO MORTGAGE. Lessee accepts this Lease subject and
subordinate to any mortgage, deed of trust, or other lien presently existing or hereafter arising
upon the Demised Premises, and to any renewals, modifications, refinancings and extensions
thereof, but Lessee agrees that any such Mortgagee shall have the right (without seeking or
obtaining Lessee's consent) at any time to subordinate such mortgage, deed of trust or other
lien to this Lease. Lessee agrees to cooperate and execute and deliver such further
instruments subordinating this Lease or attorning to the holder of any such liens as Lessor
may request within fifteen (15) days of the date of such request. Lessee shall be responsible
for all costs, including, without limitation, attorneys' fees, incurred by Lessor in connection with
any changes Lessee requests to such subordination and/or attornment instruments.
19. TIME OF PERFORMANCE. Except as expressly otherwise herein provided, with
respect to all required acts of Lessee, time is of the essence of this Lease.
20. TRANSFERS BY LESSOR. Lessor shall have the right to transfer and assign, in
whole or in part, all its rights and obligations hereunder and in the Demised Premises and
property referred to herein, and in such event and upon such transfer Lessor shall be released
from any further obligations hereunder, and Lessee agrees to look solely to such successor in
interest of Lessor for the performance of such obligations, except those obligations of Lessor
with respect to which a default exists as of the effective date of such transfer or assignment.
21. ATTORNEYS FEES. In the event that either party seeks to enforce this Lease or to
interpret any provision of this Lease, by law or through attorneys-at-law, or under advice
therefrom, the parties agree that the prevailing party is entitled to recover reasonable
attorney's fees from the other parly, in addition to any other relief that may be awarded.
[Signature page follows.J
I�N�AIJ�NESS WHEREOF, the parties have authorized the below signed officers to execute
t is � on the date first above written.
ESSES:
Prin�Nam'Ls:�<<
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Countersigned:
SALT BLOCK 57, L.L.C.,
a Utah limited liabiliry company
By: GALLIVAN, INC.,
A,Utah corporation
By:_
Print
Title:
CITY OF CLEARWATER
� � ���
By. ,�
V. Hibbard William B. Horne, II
Mayor City Manager
Appr ed s to fo :
Camilo . o 0
Assistant City Attorney
2
Attest:
Cynt ' E. Goudeau
City C rk _ ��*�
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