TWO YEAR TEMPORARY MAIN LIBRARY LEASE AGREEMENT
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TEMPORARY MAIN LIBRARY LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made and entered into this I S- day of
ht'.li6A~ ,200Z- by and between Arnold-Brown Properties, a Florida General
Partnership, 21 North Osceola Avenue, Clearwater, Flonda 33755, herein called the "Lessor",
and The City of Clearwater, a Florida Municipality, 112 South Osceola Avenue, Clearwater,
Florida, 33756, herein called the "Lessee".
WITNESSETH:
WHEREAS, the Lessor has ownership of and control over the use of and the Demised
Premises (defined below) located at 121 North Osceola Avenue, Clearwater, Florida 33755;
and
WHEREAS, Lessor desires t<? lease the Demised Premises; and
WHEREAS, Lessee desires to use the Demised Premises for public purposes;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained in this Lease, the Lessor and Lessee hereby agree as follows:
1. TITLE. The title of this lease is the Temporary Main Library Lease.
2. TERM. The term of this Lease shall be for a period of two (2) years commencing on
~arch '1, 2002, (the "Commencement Date") and continuing through January 31, 2004,
(the Termination Date), unless earlier terminated under the termsof this Lease. Lessee, at
hits option, may extend this Lease for up to six (6) additional months under the same terms
and conditions if Lessee's new Main Library is not completed. Any option to extend shall
be in writing and delivered by Lessee to Lessor at the address listed below on or before
one (1) month prior to expiration of the term of this Lease.
3. RENT.
Lessee agrees to pay the sum of $8,792.50 monthly due on the 1st of each month
beginning March 1, 2002, 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 and last month's rent, plus applicable sales tax.
4. REAL ESTATE AND PROPERTY TAXES.
Lessee agrees to pay all real estate and property taxes due on the Demised Premises
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:
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Legal Description:
Parcel NO.1: Beginning at a point 1683 feet West and 233.3 feet
South of the Northeast corner of Section 16, Township 29
South, Range 15 East, for a point of beginning, which point is
in the East line of Osceola Avenue, and thence run North 65
feet, thence East 150 feet, thence South 65 feet, thence West
150 feet to point of beginning.
Parcel NO.2: Beginning at a point 1683 feet West and 90.3
feet South of the Northeast corner of Section 16, Township 29
South, Range 15 East, same being a point on the East line of
Osceola Avenue in the City of Clearwater, Florida, thence run
South along the East line of Osceola Avenue 60 feet, thence
run due East 150 feet, thence run due North 60 feet, thence
due West 150 feet to the point of beginning on East line of
Osceola Avenue.
6. USE OF PREMISES. Lessee shall use the Demised Premises for a temporary Main Library.
Lessee shall have the use of the entire five story building located on the Demised Premises,
consisting of approximately 21,102 square feet. Lessee covenants and agrees to make no
unlawful, improper or offensive use of the Demised Premises. At the termination of this lease,
Lessee agrees to return the Demised Premises to the Lessor in as good condition as on the
Commencement Date, subject to normal wear and tear and subject to the existence of the agreed
improvements listed in Exhibits "A" and "B." In addition, Lessee shall have the use of the entire
parking area to the north of the Demised Premises and the driveway to the south of the Demised
Premises. ~ In the event that amendment to the Arnold-Brown Properties, Parking Lot # 7 Lease is
necessary to allow such use, Lessor and Lessee agree to execute such an amendment. Parking
lease payments and obligations to the City of Clearwater shall be paid by Lessee or a credit
against parking lease payments shall be given to Lessor.
7. MAINTENANCE OF PREMISES. The Lessee shall properly maintain the Demised Premises
in a clean and orderly condition, except for those repairs that are expressly assumed in this Lease
by the Lessor. Lessor shall be responsible for elevator maintenance and repair with response
time as set forth in the elevator maintenance contract for the Demised Premises. Lessee shall
be responsible for all other maintenance of the Demised Premises, parking lot, and driveway.
8. REPAIRS AND IMPROVEMENTS; WARRANTY OF STRUCTURAL SOUNDNESS.
a. Lessee agrees to make those improvements described in Exhibit "A" at Lessee's
expense. If any item exceeds the estimated cost, or if funding is not available, then
Lessee may, at its sole discretion, modify (subject to Lessor's approval, which
approval shall not be unreasonably withheld) or decide not to make such
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improvements. Lessor agrees to allow Les~Et~occupancy access t94Floors 1/1 f<J
.a J I of the Demised Premises beginning ~ l' 2002 in order for lessee to
undertake the improvements described in Exhibit "A."
b. Lessor agrees to make those improvements described in Exhibit "B" by March IS t:J
2002, at Lessor's expense. h '(]
c. THE DEMISED PREMISES ARE BEING LEASED "AS IS, WHERE IS,
WITH ALL FAULTS." LESSOR MAKES NO WARRANTY OR
REPRESENTATION WHATSOEVER WITH RESPECT TO THE DEMISED
PREMISES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LESSEE SHALL BE GIVEN ACCESS TO THE DEMISED PREMISES FOR
THE PURPOSE OF INSPECTION AND TESTING PRIOR TO
OCCUPYING SAID DEMISED ~MISES.
9. UTILITIES. For the month Of~~:ry 20~~~ sbl assume payment of a pro rata share 'I ~
of utility payments representing utilities.fer r166fB 1 a"d ~. Beginning March 112002, Lessee shall ~
pay all bills for electrical and utility services before such bills become delinquent. <f::>
10. 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 Demised Premises for the term of the Lease without hindrance or
interruption by the Lessor.
11. INSURANCE; INDEMNITY.
11.1 Property Insurance - Lessor. Lessor shall at all times during the
term hereof, at its expense, maintain a policy or policies insuring the Demised
Premises against loss or damage by fire, explosion, and other hazards and
contingencies. Lessee shall not do or permit to be done anything that will
invalidate the insurance policies referred to in Section 11.1 of this Lease. Lessee
agrees to pay any increase in the amount of insurance premiums over and above
the rate how in force that may be caused by Lessee's use or occupancy of the
Demised Premises.
11.2 Commercial General Liability Insurance - Lessee. Subject to the
provisions of Section 11.5 hereof, Lessee shall, at Lessee's sole expense, obtain
and keep in force during the term hereof a policy of bodily injury and property
damage insurance, insuring Lessee and Lessor against any liability arising out of
the use, occupancy or maintenance of the Demised Premises and the parking
areas, walkways, driveways, landscaped areas and other areas exterior to the
Demised Premises and appurtenances thereto resulting from the negligence of
Lessee, its agents, business invitees, servants and employees. Such insurance
shall be in an amount not less than Five Hundred Thousand and no/100 Dollars
($500,000.00) each occurrence, Three Million and no/100 Dollars ($3,000,000.00)
general aggregate for bodily injury and One Hundred Thousand and no/100
Dollars ($100,000.00) property damage.
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11.3 Insurance Policies. Any Insurance provided by Lessee shall be with
good and solvent insurance companies authorized to conduct an insurance
business in the State of Florida. Lessee shall deliver to Lessor a copy of a
certificate of insurance or a letter of self-insurance or self-funding together with a
certificate of insurance or a photocopy of the policy declaration page showing any
additional applicable liability insurance maintained by Lessee. No such policy
shall be cancelable or subject to reduction of coverage or other modification
except after thirty (30) days' prior written notice to Lessor. Lessee shall, at least
thirty (30) days prior to the expiration of such policies, furnish Lessor witl}
renewals or "binders" thereof.'
11.4 Waiver of SubroQation. Lessee and Lessor each hereby release and
relieve the other, and waive their entire right of recovery against the other, for loss
or damage arising out of, or incident to the perils actually insured against under
Section 11.1 of this Lease, which perils occur in, on, or about the Demised
Premises, whether due to the negligence of Lessor or Lessee or their agents,
business invitees, servants, and employees. Lessee and Lessor shall, upon
obtaining the policies of insurance required hereunder, give notice to the
insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
11.5 Lessee's RiQht to Self-Insure. Any provision of this Lease to the
contrary notwithstanding, Lessor agrees that Lessee may, at Lessee's sole
discretion, self-insure or self-fund any part of the insurance required of Lessee in
this Lease.
11.6 Indemnity. Lessee shall indemnify and hold harmless Lessor from
and against any and all injury, expense, damages and claims arising from
Lessee's use of the Demised Premises, whether due to damage to the Demised
Premises, claims for injury to the person or property of any other Lessee of the
building (if applicable) or any other person rightfully in or about the Demised
Premises, from the conduct of Lessee's business or from any activity, work or
things done, permitted or suffered by Lessee or its agents, servants, employees,
licensees, customers, or invitees in or about the Demised Premises or elsewhere
or consequent upon or arising from Lessee's failure to comply with applicable
laws, statutes, ordinances or regulations, and Lessee shall further indemnify and
hold harmless Lessor from and against any and all such claims and from and
against all costs, attorney's fees, expenses and liabilities incurred in the
investigation, handling or defense of any such claim or any action or proceeding
brought in connection therewith by a third person or any governmental authority;
and in case any action or proceeding is brought against Lessor by reason of any
such claim, Lessee upon notice from Lessor shall defend the same at Lessee's
expense by counsel satisfactory to Lessor. This indemnity shall not require
payment as a condition precedent to recovery.
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11.7 Exemption of Lessor from Liability. Lessee hereby agrees that
Lessor shall not be liable for injury to Lessee's business or any loss of income
therefrom or for damage to the goods, wares, merchandise or other property of
Lessee, Lessee's employees, invitees, customers, or any other person in or about
the Demised Premises, whether such damage or injury is caused by or results
from fire, steam, electricity, gas, water or rain, or from the breakage, leakage,
obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air
conditioning or lighting fixtures, or from any other cause, whether the damage or
injury results from latent defects or other conditions arising upon the Demised
Premises or upon other portions of the building(s) of which the Demised Premises
is a part, or from other sources or places and regardless of whether the cause of
such damage or injury or the means of repairing the same is inaccessible to
Lessee. Lessor shall not be liable for any damages arising from any act or neglect
of any other lessee of the building in which the Demised_Premises is located.
12. REPARABLE DAMAGE. If the Demised Premises are damaged by fire or otherwise to such
extent so as to interfere with their 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 floor space made unusable bears to the floor space leased to the Lessee prior to the damage.
If the Demised Premises are totally destroyed or rendered untenantable, Lessor shall have the
right, but no obligation, to render the 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. If the Demised
Premises are not rendered tenantable within that period, either party may cancel this Lease, and
in the event of cancellation rent shall be paid only to the day of the fire casualty.
13. LIABILITY AND INDEMNIFICATION. Lessee shall defend, indemnify, save and hold the
Lessor harmless from any and all claims, suits, judgments and liability for death, personal injury,
bodily injury, or property damage, including legal fees, court costs, or other legal expenses
arising directly or indirectly from use of the Demised Premises by Lessee, its agents, business
invitees, servants, and employees, provided, however, that the Lessee shall not be legally liable
for any negligence of the Lessor, its agents, business invitees, servants, and employees, or for
the negligence of other lessees occupying the Demised Premises or their agents, business
invitees, servants, and employees. However, nothing herein shall constitute a waiver by Lessee
of its sovereign immunity and the limitations set forth in Section 768.28 Florida Statutes.
14. 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, which consent
shall not unreasonably be withheld, except that Lessee may assign said lease to the Community
Redevelopment Agency (eRA) without Lessor's consent. It is understood and agreed that the
Lessor may, at any time, with 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
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event of anyone 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 undertake 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 in good faith that such funding is not available, then Lessee can
terminate the Lease with thirty (30) days written notice to Lessor, provided,
however, that the right to terminate this Lease under this provision cannot be
exercised during the first twelve (12) months of the Lease.
c. If at any time during the term of the Lease, an independent licensed structural
engineer certifies that the Demised Premises are unsafe for use as a Temporary
Main Library, and Lessor shall have failed to cure the unsafe condition within a
reasonable time after being notified of the unsafe condition, the Lessee may, at
its sole option, give Lessor thirty (30) days' prior written notice of the
circumstances and its desire to terminate this Lease and this Lease shall become
null and void at the end of the thirty (30) day notice period.
16. DEFAULT BY LESSEE; REMEDIES. In the event of any default or material breach hereof
by Lessee, Lessor may (but shall not be obligated) at any time thereafter, with or without notice
or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may
have by reason of such default or material breach:
16.1 Terminate Lessee's right to possession of the Property by any
lawful means, in which case this Lease shall terminate and Lessee shall
immediately surrender possession of the Property to Lessor. In such event Lessor
shall be entitled to recover from Lessee all damages incurred by Lessor by reason
of Lessee's default, including the cost of recovering possession of the Property
and delay damages;
16.2 Perform any of Lessee's obligations on behalf of Lessee in
such manner as Lessor shall deem reasonable, including payment of any moneys
necessary to perform such obligation or obtain legal advice, and all expenses
incurred by Lessor in connection with the foregoing, as well as any other amounts
necessary to compensate Lessor for all detriment caused by Lessee's failure to
perform which in the ordinary course would be likely to result therefrom, shall be
immediately due and payable from Lessee to Lessor, with interest at the Default
Rate; such performance by Lessor shall not cure the default of Lessee hereunder
and Lessor may proceed to pursue any or all remedies available to Lessor on
account of Lessee's default; if necessary Lessor may enter upon the Property
after ten (10) days' prior written notice to Lessee (except in the case of
emergency, in which case no notice shall be required), perform any of Lessee's
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obligations of which Lessee is in default; and/or
16.3. Take occupancy of the portion of the Property abandoned or
vacated by Lessee.
16.4. Pursue any other remedy now or hereafter available to Lessor
under state or federal laws or judicial decisions. Unpaid installments of rent and
other unpaid monetary obligations of Lessee under the terms hereof shall bear
interest from the date due at the Default Rate.
In addition to the foregoing, Lessor may terminate this Lease if Lessor determines in good faith
that the Demised Premises are 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:
1. If to the Lessor, addressed to:
Amold-Brown Properties
Clearwater, FL 3375
Copy addressed to:
Timothy A. Johnson, Jr.
P.O. Box 1368
Clearwater, FL 33757
2. If to the Lessee, addressed to:
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Copy addressed to:
City Attorney
P.O. Box 4748
Clearwater, Florida 33758-4748
18. 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 each party shall bear its own costs, including attorney's fees.
IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this
Lease on the date first above written.
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Its: Gu.JL P ~Et-
Countersigned:
CITY OF CLEARWATER
~~___-X
William B. Horne, II, City Manager
Approved as to form:
tA6~ei~
Leslie K. Dougall-' s
Assistant City Attorney
Attest:
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Cynthia E. G9udeau, City Clerk
s:/Forms/Agreements/LDS Temporary Main Library Lease Colliers Arnold
256104v1
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EXHIBIT "B"
IMPROVEMENTS TO BE MADE BY LESSOR
1. Removal of built-in counter along south wall in the southwest corner office on
Floor 5.
2. Removal of all office doors and hardware on Floor 4.
3. Removal of all chest-height walls currently dividing work areas on Floor 3.
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Temporary Main Library Lease Agreement
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EXHIBIT "A"
IMPROVEMENTS TO BE MADE BY LESSEE
1. Any and all necessary wiring and outlet modifications related to the library's
information technology needs.
2. Any necessary modification of first floor restrooms.
3. Any improvements necessary in order to allow ability to mount exterior signage.
4. Any necessary modifications in building lighting in order to make building
appropriate for temporary library use.
5. Any necessary removal or modification of non-structural interior walls.
6. Painting of any interior space.
Temporary Main Library Lease Agreement
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ARNaD
AREA TABULAll0~~e2~1l
Gross Are.&
. j AFfH FLOOR PLAN I
No! ,...0 SCALE'
7"
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THE ARNOLD
COMPANIES
OFFICE
BUILDING
121 NORTH
OSCEOLA AVENUE
CLEARWATER,
FLORIDA
-
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A-6
McCarthy & Assoc. Inc
2555 Nursery Road, #101
Clearwater, FL 33764,
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COAI'OII.r.TE
OIIeRHUD
Gross Area
AREA TABULATIONS
4715.57 sq n
f FOURTH R...OOR PLAN I
No, ,0 SCALE -.
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-
THE ARNOLD
COMPANIES
OFFICE
BUILDING
121 NORTH
OSCEO LA AVENUE
CLEARWATER
FLORIDA
-
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A-5
McCarthy & Assoc. Inc
2555 Nursery Road, .101
Clearwater, FL 33764
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~~ MCCarthy and
~ZJ Assodates, Inc.
CONSULTING.ENGINEERS
December 19, 200 I
Ms. Laura Klug
Colliers Arnold
121 North Osceola Avenue
Clearwater, FL 33755
RE: Colliers Arnold Building
Library Shelves Layout
Dear Laura:
The following guidelines are to be strictly followed in order for the existing building to safely support the
library book shelves:
1. The attached final library shelf layout plans, A-4, A-5, and A.6 for the third fourth and fifth
floors, show the maximum acceptable shelving allowed.
2. No additional shelving is pennitted.
3_ Book shelves must only be placed,along existing column centerlines.
4. The columns are located along the outside walls (between windows) and along each side of the
center corridor. This must be strictly adhered to. Call this office ifunsure of column locations.
5. The single-sided book shelf is 12" wide x 7'-6" high and is to be placed along the existing interior
partition walls as shown.
6. The double-sided book shelf is 24" wide x 7'.6" high and is to be placed along the open areas
between columns as shown.
7. The double-sided bookshelf is to have a maximum length of 12' between interior columns along
the center corridor.
8. No library shelves are to be placed on the second floor.
9. The ground level first floor may have any layout or as much shelving as desired. This only
applies to the first floor.
Please contact this office for any questions or clarifications.
Sincerely,
~an s
fll(~ le~e, P.E.
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