FIVE YEAR LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX (2)
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LEA S E
This Lease dated this IVt/J. day of January A. D. 1953, by and
between the CITY OF CLEARWATER, a mlmicipal corporation existing under the
laws of the State of Florida, hereinafter called the Lessor, and SAMUEL MODICA
and CATHERINE A. MODICA, hereinafter called the Lessees.
b'ITl\TESSErH: . That in considerationot the covenants herein contained
of the granting of this lease and of the sums paid and to be paid hereunder,
the Lessor hereby leases to the Lessees and the Lessees hereb.1 lease from the
Lessor according to the terms, conditions and covenants herein contained, the
following described prElDises located. in the City of Clearwater, Pinelias County,
Florida, to wit:
RoClll N\Dber Six (6) in the Clearwater Marina Building,
located on Lots 11 and 12 of CITY PARK SUBDIVISION,
according to the map or plat thereot' alS recorded in
Plat Book 23, Page 37, of the Public Records of
Pinellas County, Florida.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE AS FOLLOWS:
1. The tem of this lease shall be for a period of fiVe (5) Years,
beginning on the 15tb:lay of Janua.r:r A. D. 1953, and ending on the 14th day of
January A. D. 195 S .
2. The Lessees !hereby covenant and agree to pay rentaJ. therefor
in the total sum of $3,900.00, payable $130.00 in advance, receipt of which is
hereby ackno'Wl.edged btthe Lessor as- a.' deposIt for the faithful performance
of the Lesseest obligations hereunder, which deposit shall be credited to the pre-
~ent of rental hereunder, in the event of the faithful performance of the
Lesseest obligations hereunder; the balance shall be payable in equal monthly
installments of $65.00 each, payable in advance on or before the first day of each
month during the term hereof, commencing with the 1st dq of FebruarY It. D.
1953, to be pqab1e until. the total rental hereunder has been paid in tu1.l. The
Lessor mq deduct from the aforementioned deposit any amounts which might become
due fram the Lessees to the Lessor for rental, damage to the premises, or for
any other reason or cause whatsoever.
3. The demised premises shall be us~ for the purpose of conducting
therein the business of a Barber Shop; the demised premises shall not be used for
any other purpose during the term hereof.
4. The Lessees hereby covenant and agree to make no unlawful,
improper or offensive use of said premises, not to assign this lease, nor to
sub-let all or any portion of the demised premises without the written consent
of the Lessor. The Lessees hereby OOTenant and agree to pq the rental promptly
on the day same becomes due, and that, it said Lessees shall fail to pay any rental
installment within ten (10) days of the day. .s.ame becomesdue~ or if the Lessees
shal1 Tiolate alQ"of'1/;he ...-ants, agre.ents or obligations hereunder, the
Lessees shall immediately without notice, became a tenant at sufferance, and the
entire principle amount of rental for the entire tem hereof shall immediately
become due and payable without notice, and the Lessor shall be entitled immediately
to re-enter and retake possession of the demised premises, the Lessees by their
default, waiving all rights of notices, and the Lessor shall have other remedies
as are available to him under the l.aws of the State of Florida.
5. The Lessees shall pay to the proper public authorities taxes and
license fees levied upon the personal property located in and the business con-
ducted on the demised premises, prior to the da.te upon which payment of the same
would be delinquent including taxes of the City of Cl.earwater; proTided, however~
that the Lessees shall bave been presented with bills therefor, and provided
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further that nothing herein contained shall obligate Lessees to pq or to
reimburse Lessor for the pqment of arry such assessment for pemanent improvements
or betterments, such &s sidewalks or sewers or other iJIlprovements or betterments
or to reimburse Lessor for a:D7 portion of a:D7 tax not allocable to the term of
this lease.
6. The Lessees hereb7 covenant and agree to keep and maintain the
premises and fixtures located therein in good condition and repair during the
tera of this lease and any extension hereof, and to return the premises to the
Lessor upon the expiration of the term hereof in &s good condition as t.he;y now
are, ordina17 wear and t.ear and damage b7 the el_ant.s only excepted. No altera-
tions or improv_ents may be made to the premises without the written consent of
the Lessor. . Any and all 1'ixtures attached to t.he premises w.i.ththe exception 01'
barber chairs shall reyert. a~solutel7 and become t.he property of t.he Lessor upon
t.he expiration of the term hereof; pronded,however, that the Lessor at its
option may require the Lessees to remove all of the fixtures, partitions, raCks,
shelves or other 1mprovements from the p1'8llises upon the expiration of the tem
hereof at the cost of the Lessees and without leaving any scars or marks
whatsoever.
7. The Lessees mq place an appropriate sign on the plate glass
window in front 01' the demised prEllises and an appropriate neon or lighted sign
on the inside of the plate glass window in front of the demised premises so long
&s said signs conform to the ordinances of the City 01' Clearwater, Florida,
presently in force or passed during the term hereof regarding signs; provided,
however, that no sign other than the signs as aforesaid shall be painted,
erected, constructed or maintained b,y the Lessees and provided further that the
Lessees shall upon the expiration of ,the term hereof completely remove any and
all signs on the plate glass window, neon or lighted signs, and such other
signs as might be permitted during the term hereot.
8. Lessor covenants that Lessor is wll seized and has good right
to lease t.he prmses, 1dll warrant and defend the title thereto, and w.i.1l
indenm:i ry Lessees a&"inat flRiT. damage uduperlae which Lessees mq sutter b7
reason or any lien, encumbrance, restriction or defect in the title to or
description herein of the premises. The Lessor further covenants and agrees
to allow t.he Lessees peaceful and quiet enjoyment of the premises during the
term hereo1'. The Lessor further agrees to turnish tree of charge all water
used b7 the Lessees on the demised premises and agrees to furnish a refuse dis-
posal location outside 01' the preses for the use ot the Lessees.
9. The Lessees hereb7 COTenant to pay all bills for electric
current, gas, heat and other services to the premises requested by the Lessees
within ten (10) days after each of said bills shall have been rendered. The
Lessees further covenant and agree prior to taking possession ot said leased
premises to obtain liability insurance trom a responsible insurance COOlpany
protecting all persons and property entering upon said premises during the
period 01' this lease, and Lessees shall assume full responsibility and absolve
the Lessor 01' ~ and all liability or damages for injuries to persons or
property whatsoever, in connection with the use and occupancy ot said premises.
The Lessees further covenant. and agree to obtain and keep in force during the
term of this lease adequate plate gl&SS window insurance. The Lessees further
covenant and agree to operate the business conducted on the prEmises during
the entire year of each year of the term hereo1' and during each and eve17 month
ot the termhere.o.t.
10. Notices hereunder shall be given only by registered letter or
telegram and shall be deemed given when the letter is deposited in the mail or
the telegram filed with the telegraph company, postage or charges prepaid, and
addressed to the party tor whom intended at such party's address 1'irst herein
specified or to such other address as may be substituted therefor by proper
notice hereunder.
li. This lease merges and supersedes all prior negotiations,
representations and agreements, and constitutes the entire contract between
Lessor and Lessees concerning the leasing of the premises and t.he consideration
therefor. This lease shall be binding on and inure to t.he benefit 01' the
successors and assigns of the respective parties hereto. No waiver of any
breach or default or failure of the Lessees hereunder, shall be deemed a waiver
of aI:J.y subsequent breach, default or waiver of the Lessees hereunder, and any
said breach, default or waiver shall be deemed to be continuing unless and
until specifically waived in writing by the Lessor.
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12. In the event the Lessor retains an Attornq to enforce &D7
of the provisions of this lease, or renewals of or addenda to this lease, or to
effect the enforcement of &D7 legal right of the Lessor against the Lessees, the
Lessees hereby agree to pay to the Lessor all costs oi said enforc_ent including
court costs and reasonable Attorne,y's iees.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
CITY OF CLEARWATER, FLORIDA
(SEAL)
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Catherine A..Hocli.ca
Witnesses as to execution by Samuel Modica
and Catherine A. Modica, his wite:
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Approved &s to form and correctness:
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