CITY LEASES PARKING LOT FOR USE AS A PUBLIC PARKING FACILITY
LEASE AGREEMENT
~E AGREEMENT is made and entered into this .Jrt-ft day of
, 2004, by and between Arnold-Brown Properties, ~ General
~-iShiP' 17757 U.S. Highway 19 North, Su~e 275, Clearwater, Florida 33764, herein called
the "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 121 North Osceola
Avenue, Clearwater, Florida 33755, more particularly described in Exhibit "A", attached hereto
and incorporated herein ("Premises"), which consists of a parking lot ("Parking Lot") and a
building ("Structure"); and
WHEREAS, Lessee desires to lease from Lessor that portion of the Premises
constituting said Parking Lot for use as a public parking facility;
WHEREAS, Lessor desires to continue to occupy Structure; and
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 October 1, 2004,
("Commencement Date") and continuing month-to-month unless earlier terminated under
the terms of this agreement. Lessor retains the right to terminate this lease upon fifteen
(15) days written to Lessee.
3. RENT.
a. Rent: Lessee agrees to pay the sum of Fifteen Hundred dollars ($1500.00) per month,
due on the 1st of each month, 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, which shall be prorated if Lessee occupies the Parking Lot for less than the
full month.
b. Real Estate Taxes: Lessor shall be responsible to pay the real estate taxes on the
Premises.
c. Donation to City: Lessor and Lessee hereby agree that the fair market value of the
subject parking area is Three Thousand Two Hundred Forty dollars ($3,240) per month
or Forty-Five dollars ($45) per space, per month. Lessor has agreed to donate a
portion of the fair market rental rate totaling One Thousand Seven Hundred Forty
dollars ($1,740) per month to the City of Clearwater as Lessee and Lessee
acknowledges such donation.
4. LEASEHOLD. The Lessor leases to the Lessee the following described property,
located in Pinellas County, Florida, to wit:
SEE EXHIBIT "B" (INSERT A DIAGRAM OF THE LOT DIPICTING
PARKING SPACES)
Said property consisting of approximately seventy-two (72) parking spaces.
5. USE OF PREMISES. Lessee shall use the Parking Lot for parking to support its Main
Library facility which is located to the West of the Premises. 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 return the premises to the Lessor in as good condition as at the effective
date of this agreement, subject to normal wear and tear. Lessor hereby reserves three (3) parking
spaces, which shall be clearly labeled as such, to support Lessor's use of the Structure.
6. MAINTENANCE/REPAIR/IMPROVEMENT OF PREMISES. 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 such as paving, etc., and it is not contemplated hereunder
that Lessee will provide repair or 'improvement. The Lessee shall properly maintain the leasehold
in a clean and orderly condition. Lessor shall remain entirely responsible for the maintenance of
the Premises. Lessee may restripe, paint or otherwise mark or label parking spaces and install
signage in accordance with applicable law.
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 this lease. Nothing herein shall be construed as a waiver of Lessee's
right to sovereign immunity or any limitation of liability to which Lessee is entitled to pursuant
to 9 768.28, Florida Statutes. Lessor shall otherwise insure Premises at its cost and expense.
11. REPARABLE DAMAGE. If any portion of the 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 Premises is completed, shall be abated in the
proportion which the area made unusable bears to the overall area of the premises leased to the
Lessee prior to the damage. If the 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
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and Lessor shall be free of all restrictions as to proceeding with the work of repair or restructure.
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 Premises is completed
shall be abated. If the 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
casualty.
12. LIABILITY AND INDEMNIFICATION. Lessee agrees to assume all risks of the Parking
Lot and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, for all
claims related to its use hereunder. 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. SPECIAL EVENT PARKING REVENUES. Subject to Lessee's use hereunder Lessor
may, periodically request in writing, the right to utilize Parking Lot for Special Event Parking. Upon
written approval of Lessee for such use, Lessor shall be permitted to enter upon subject property
and allow for any use thereof not inconsistent with this Lease.
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. 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 Agreement shall be subject to termination by Lessee with
thirty (30) days written notice.
16. 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:
Arnold-Brown Properties
17757 U.S. Highway 19 North, Suite 275
Clearwater, FL 33764
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
17. 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 attorneys-at-law, or under advice
therefrom, the parties agree that each party shall bear its own costs, including attorney's fees.
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18. COMMISSIONS. The parties hereto warrant and represent to each other that they have not
dealt or consulted with any real estate broker or agent in connection with the property or this
transaction other than Colliers Arnold, who represents the Lessor. Lessor acknowledges that
Lessee shall not be responsible for any fee related to such representation.
IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute
this Agreement on the date first above written.
Countersigned:
CITY OF CLEARWATER
. sioner
By:~..;.@~a~ .a
William B. Horne, II, City Manager
Approved as to form:
~
Attest:
Laura Lipowski
AssistantCity Attorney
- [.
'a E. Goudeau,::City Clerk
- - '-
-'
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EXHffiIT A
Legal Description:
Parcel NO.1: Beginning at a point 1,683 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 the point of beginning.
Parcel NO.2: Beginning at a point 1,683 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.
Parcel NO.3: A portion of the Northwest X of the Northeast X of Section 16,
Township 29 South, Range 15 East, Clearwater, Florida being more particularly
described as follows:
Begin at the intersection of the south right-of-way line of Drew Street and the
west right-of-way line of North Fort Harrison Avenue for a Point of Beginning; run
thence south along the west right-of-way line of North Fort Harrison Avenue,
54.30 feet; thence west, 345.00 feet; thence north, 54.30 feet, thence east along
the south right-of-way line of Drew Street, 344.08 feet to the Point of Beginning.
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