PARKING LEASE AGREEMENT
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PARKING LEASE AGREEMENT
THIS PARKING LEASE AGREEMENT is made and entered into this Q/h
day of 4a:POST , 2004, by and between 400 Cleveland, LLC, a Florida Limited
Liability Company, 400 Cleveland Street, Suite 900, Clearwater, Florida 33755, herein
called the II Lessor"" , and the City of Clearwater, a municipal corporation of the State of
Florida, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called the
"Lessee".
WITNESSETH:
WHEREAS, the Lessor is the owner of that certain property located at 400
Cleveland Street, Clearwater, Florida 33755, more particularly described in Exhibit "A",
attached hereto and incorporated herein ("Premises"), which consists of a parking lot
("Parking Lor) and a building ("Structure"); and
WHEREAS, Lessee desires to lease from Lessor a portion of the Parking Lot as
depicted in Exhibit "B", attached hereto and incorporated herein, for use as a public
parking facility to support its Main Library during the business hours the Main Library
facility is open to the public; and
WHEREAS, Lessor desires to continue to occupy Structure and remaining portion
of Parking Lot;
NOW, THEREFORE, in consideration of the Premises and the mutual covenants
contained in this Agreement, the Lessor and Lessee hereby agree as follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated in
and form a part of this agreement.
2. TERM. This term of this lease shall be one month commencing on
y-7'4 t1'~a5"T"""" , 2004 the ("Commencement Date") and continuing month-to-month unless
earlier terminated under the terms of this agreement.
3. RENT.
8. Rent: Lessee agrees to pay the sum of Two Dollars ($2.00) per year
plus applicable sales taxes for the term of this lease. Simultaneously with the execution
and delivery of this lease, the Lessee shall pay the first month's rent.
b. Real Estate Taxes: Lessor shall be responsible to pay the real estate
taxes on the Premises, including the entire Parking Lot.
4. LEASEHOLD. Subiect ot the terms hereof. the Lessor leases to the Lessee,
only during the business hours the Main Library facility is open to the public, the following
described property, located in Pinellas County, Florida, to wit:
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That portion of Parcell.D. #162915238140000070 which contains: Twenty (20) parking
spaces in Parking Lot as depicted in Exhibit "B."
5. USE OF PREMISES. Lessee shall use the designated Twenty (20) parking
spaces of the referenced portion of the Parking Lot for parking of automobiles for patrons
and employees of the Main Library facility which is located at 1 00 North Osceola Avenue,
Clearwater, Florida 33756 only during the business hours the Main Library facility is open
to the public. Lessee covenants and agrees to make no unlawful, improper or offensive
use of the leased premises. At the termination of this lease, Lessee agrees to retum the
premises to the Lessor in as good condition as at the effective date of this agreement,
subject to normal wear and tear. This Lessee shall have no right to such parking spaces
(i) at any time the Main Library facility is not open to the public, and (ii) at any time the
Lessor or Lessor's agent charges a fee for special event parking in the Parking Lot.
Lessee shall not do or permit anything to be done in or about the leased premises which
will in any way obstruct or interfere with the rights of Lessor or its employees, agents,
guests and invitees, or injure or annoy them or use or allow the leased premises to be
used for any improper, immoral, unlawful or objectionable purpose; nor shall Lessee
cause, maintain, or permit any nuisance in, on, or about the leased premises or commit
or suffer to be committed any waste in, on, or about the leased premises.
6. MAINTENANCElREPAlRIIMPROVEMENT OF PREMISe~. Parking Lot is
being leased in "as is" condition. Lessor and Lessee hereby agree that at the inception of
this lease, the Parking Lot does not require repair or improvement. The Lessee shall
properly maintain the leasehold in a clean and orderly condition. Lessor shall remain
entirely responsible for normal maintenance and repair of the Premises. Lessor agrees to
restripe, paint or otherwise mark or label parking spaces and install signage, in
accordance with applicable law, reflecting use of said parking spaces for City of
Clearwater Library patrons. Notwithstanding the foregoing, any restriping,painting,
marking or labeling of parking spaces or signage installation necessary for compliance
with applicable law, that would not otherwise be required but for this Lease Agreement,
shall be the sole responsibility of the Lessee. Lessee will not permit any construction lien
or liens to be placed upon the leased premises or improvements thereon during the
term hereof caused by or resulting from any work performed, materials furnished or
obligation incurred by or at the request of Lessee and, in the case of the filing of such
lien, Lessee will promptly pay same.
7. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon
observing and performing the covenants, terms and conditions required by the lease, the
Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the
lease without hindrance or interruption by the Lessor.
8. 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 which
may arise from or in connection with the use, occupancy or maintenance of the leased
premises or with this lease. Lessor shall otherwise insure Premises, Structure, and
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Parking Lot at its cost and expense, as it determines necessary.
9. LIABILITY AND INDEMNIFICATION. Lessee agrees to assume all risks for
portion of Parking Lot, as depicted in Exhibit "B" and all liability therefore, and shall defend,
indemnify, and hold harmless the Lessor, for all claims related to the use, occupancy or
maintenance of the leased premises. However, nothing herein shall constitute a waiver
by Lessee of its sovereign immunity and the limitations set forth in Section 768.28 Florida
Statutes.
10. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein,
may not be assigned, transferred or subleased by Lessee without the consent of the
Lessor.
11. TERMINATION BY LESSEE. This Agreement shall be subject to termination
by Lessee with thirty (30) days written notice, without cause.
12. TERMINATION BY LESSOR. This Agreement shall be subject to termination
by the Lessor with fifteen (15) days written notice, without cause.
13. 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:
Copy addressed to:
a. If to the Lessor, addressed to: 400 Cleveland, L.L.C.
Attn: Mr. Elias Jafif
400 Cleveland Street, Suite 900
Clearwater, FL 33755
b. If to the Lessee, addressed to: City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
City Attorney
P.O. Box 4748
Clearwater, Florida 33758-4748
14. ATTORNEYS FEES. In the event that either party seeks to enforce this
agreement or to interpret any provision of this agreement, by law or through attomeys-at-
taw, or under advice therefrom, the prevailing party shall be entitled to recover
reasonable attorney's fees and court costs from the other party.
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Signature Page Follows:
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IN WITNESS WHEREOF, the parties have authorized the below signed officers to
execute this Agreement on the date first above written.
400 Cleveland, L.L.C.
By: .fl2.. C?!0A'
~ Elias JafJf ~
.../"'"
Its: Manager
Countersigned:
CITY OF CLEARWATER
William B. Home, II, City Manager
Approved as to form:
Attest:
. owski
t City Attomey
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