FIFTY-TWO MONTH LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX
~.
I
I
LEASE
~
THIS LEASE, dated this /, day of ~ ' , , 1978,
by and between the CITY OF CLEARWATER, FL RIDA, a mUlllclpal corporation,
hereinafter called the Lessor, and NEIL E, KNOUASE, hereinafter called
the Lessee;
WITNESSETH: That in consideration of 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 Lessee and the Lessee hereby leases from the
Lessor according to the terms, conditions and covenants herein contained,
the following described premises located in the City of Clearwater, Pinellas
County, Florida to wit:
Room No. Six (6) in the Clearwater Marina Building,
located on Lots 11 and 12 of CITY PARK SUBDIVISION,
according to the map or plat thereof as 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 term of this lease shall be for a period of Fifty-two (52) months,
beginning on the 1 st day of June, 1978, and ending on the 30th day of September,
1982.
2. The Lessee hereby covenants and agrees to pay rental therefor
in the total sum of $6,240.00, payable $240.00 in advance, receipt of which
is hereby acknowledged by the Lessor as a deposit for the faithful performance
of the Lessee's obligations hereunder, which deposit shall be credited to the
prepayment of rental hereunder, in the event of the faithful performance of
the Lessee's obligations hereunder; the balance shall be payable in equal
monthly installments of $120.00 each, payable in advance on or before the
1 st day of each month during the term hereof, commencing with the 1 st day
of June, 1978, to be payable until the total rental hereunder has been paid in
full. The Lessor may deduct from the aforementioned deposit any amounts
which might become due from the Lessee to the Lessor for rental, damage to
the premises, or for any other reason or cause whatsoever. Advance payment
of $200.00 made under previous lease.
3. The demised premises shall be used only for the purpose of
conducting therein the business of a Barber Shop.
4. The Lessee hereby covenants and agrees to make no unlawful,
improper or offensive use of said premises, not to as sign this lease nor to
sublet all or any portion of the demised premises without the written consent
of the Lessor. The Lessee hereby covenants and agrees to pay the rental
promptly on the day same becomes due, and that if said Lessee shall fail to
pay any rental installment within ten (10) days of the day same becomes due,
or if the Lessee shall violate any of the covenants, agreements or obligations
hereunder, the Lessee shall immediately without notice, become a tenant at
sufferance, and the entire principal amount of rental for the entire term 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 Lessee by his default, waiving all rights of notices, and the Lessor shall
have other remedies as are available to him under the laws of the State of
Florida.
-1-
1/) J 1'-
"1' , I' ,I
I '- f -Il;<....
I
I
5. The Lessee shall pay to the proper public authorities taxes and
license fees levied upon the personal property located in and the business
conducted on the demised premises, including taxes levied upon the leased
premises, prior to the date upon which payment of the same would be delinquent,
including taxes of the City of Clearwater; provided, however, that the Lessee
shall have been presented with bills therefor, and provided further that nothing
herein contained shall obligate Lessee to payor to reimburse Lessor for the
payment of any such assessment for permanent improvements or betterments,
such as sidewalks or sewers or other imII' ovements or betterments or to
reimburs e Les sor for any portion of any tax not allocable to the term of this
lease.
6. The Lessee hereby covenants and agrees to keep and maintain the
premises and fixtures located therein in good condition and repair during the
term of this lease and any extension hereof, and to return the premises to the
Lessor upon the expiration of the term hereof in as good condition as they now
are, ordinary wear and tear and damage by the elements only excepted. No
alterations or improvements may be made to the premises without the written
consent of the Les sor. Any and all fixtures attached to the premises shall
revert absolutely and become the property of the Lessor, upon the expiration of
the term hereof; provided, however, that the Lessor at its option may require
the Lessee to remove all of the fixtures, partitions, racks, shelves or other
improvements from the premises upon the expiration of the term hereof at the
cost of the Lessee and without leaving any scars or marks whatsoever.
7. The Lessee may place an appropriate sign on the plate glass window
in front of the demisedpremises and an appropriate neon or lighted sign on the
inside of the plate glass window in front of the demised premises so long as
said signs conform to the ordinances of the City of Clearwater, Florida, presently
in force or passed during the term hereof regarding signs; provided, however,
that no sign other than the signs as aforesaid shan be painted, erected, constructed
or maintained by the Lessee and provided further that the Lessee 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 hereof.
8. Lessor covenants that Lessor is well seized and has good right to
lease the premises, will warrant and defend the title thereto, and will indemnify
Lessee against any damage and expense which Lessee may suffer by reason of
any lien, encumbrance, restriction or defect in the title to or description herein
of the premises. The Lessor further covenants and agrees to allow the Lessee
peaceful and quiet enjoyment of the premises during the term hereof. The Lessor
further agrees to furnish free of charge all water used by the Lessee on the demised
premises and agrees to furnish a refuse disposal location outside of the premises
for the use of the Lessee, and also to furnish heat for said premises.
9. The Lessee hereby covenants to pay all bills for electric current,
gas, heat and other services to the premises requested by the Lessee within
ten (10) days after each of said bills shall have been rendered. The Les see
further covenants and agrees prior to taking possession of said leased premises
to obtain liability insurance from a responsible insurance company protecting
all persons and property entering upon said premises during the period of this;.. .'
lease, and Lessee shall assume full responsibility and absolve the Lessor of (\){'!'/
any and all liability or damages for injuries to persons or property whatsoever ./
in connection with the use and occupancy of said premises. The Lessee further
covenants and agrees to obtain and keep in force during the term of this lease
adequate plate glass window insurance. The Lessee further covenants and
agrees to operate the business conducted on the premises during the entire
year of each year of the term hereof and during each and every month of the
term hereof. Lessee further covenants and agrees to furnish Lessor with
copies of the aforementioned insurance policies.
-2-
I
I
10. If the demised premises are declared by the City Commission to
be needed for any public purpose, then this lease may be cancelled by the City
upon six (6)months wirtten notice to the Lessee and the Lessee waives any
claim for damages from the City as a result of such cancellation and the Lessee
may cancel this lease for any reason upon giving six (6) months written notice
to the Lessor. In case of demolition and reconstruction of the Marina or
major renovation by construction, the Lessee shall be given the first opportunity
to bid for similar space, provided that space for Lessee's type of business
is allocated therein.
11. 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 for whom intended at such party's address first herein
specified or to such other addres s as may be substituted therefor by proper
notice hereunder.
12. This lease merges and supersedes all prior negotiations,
representations and agreements, and constitutes the entire contract between
Lessor and Lessee concerning the leasing of the premises and the consideration
thereof. This lease shall be binding on and inure to the benefit of the successors
and assigns of the respective parties hereto. No waiver of any breach or default
or failure of the Lessee hereunder shall be deemed a waiver of any subsequent
breach, default or waiver of the Lessee hereunder and any said breach, default
or waiver shall be deemed to be continuing unless and until specifically waived
in writing by the Lessor.
13. In the event the Lessor retains an attorney to enforce any of the
provisions of this lease, or renewals of or addenda to this lease, or to effect
the enforcement of any legal right of the Lessor against the Lessee, the
Lessee hereby agrees to pay to the Lessor all costs of said enforcement
including court costs and reasonable attorney's fees.
IN WITNESS WHEREOF, this lease IS executed as of the date first
herein written.
By
Attest: :,
cfJdL~'..
City CJ'~k'___'_'~h~ .,'
LESSOR
WITNESSES:
~
.~/
./1/17 E~UlAJ.[)
Neil E. Knou se
(SEAL)
LESSEE
-3-