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SIXTY MONTHS LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX AND ADDITIONAL HALLWAY SPACE ~ "..- , I .' ". , LEASE ~ THIS LEASE, dated this Ii day of ~~ ' 1980, by a.nd between the CITY OF CLEAR WA TER, FLORIDA, a municipal corporation, hereinafter called the Lessor, and ALLEN R. BEACH, hereinafter called the Lessee; WITNESSETH: That in consideratien of the covenants herein contained of the granting ef 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 ef Clearwate r, Pinellas County, Florida to wit: Room No. Six (6) and 92 square feet of additional hallway space abutting the South wall of Room 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 FUR1H ER COVENA.~T AND AGREE AS FOLLOWS: 1. The term of this lease shall be for a period of Sixty (60) months, beginning on the 1st day of October, 1980, and ending on the 30th day of September, 1985. 2. The Lessee hereby covenants and agrees to pay rental therefor in the total sum of $12,000.001 payable $400.00 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 instaUments of $200. 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 October, 1980, 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 $240. 00 made under previous lease. 3. The demised premises shall be used only for the purpose of conducting :f;herein the business of a Barber Shop and Beauty Shop. 4. The Lessee hereby covenants and agrees to make no unlawful, improper or offensive use of said premises, not to assign 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 become s 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 /<101/- /5' j .- I I -:'. 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 demi sed premise s, the Le s see by their default, waiving all rights of notice, and the Lessor shall have other remedies as are available to him under the laws of the State of Florida. Lessor agrees to install a partitien expanding the premises at Les sor' s expense. Le ssee agree s that any additional costs inCidental to modification of the premises shall be at no cost to the Lessor and that such modifications shall be subject to Lessor1 s approval. 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 thereforl 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 improvements or betterments or to reimburse Lessor 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 hereofl and to return the premise s 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 Lessor. 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 Clther imprpvements 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 glas s window in front of the demised premises 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 shall be painted, erected, con- structed 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 rl ght 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. -2- .. . ,. I I 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 Le ssee further covenants and agree s prior to taking posse s sion 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 er property whatso- ever in connection with the use and occupancy of said premises. The Lessee further covenants and agree s to obtain and keep in ferce 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 copie s of the aforementioned insurance policie s. 10. If the demised premises are declared by the City Commission to be need for any public purpose, then this lease may be cancelled by the City upon sixty (60) days written notice to the Lessee and the Lessee waives any claims for damages from the City as a result of such cancellation and the Lessee may cancel this lease for any reason upon giving sixty (60) days written notice to the Lessor. In case of demolition and reconstruction of the Marina or major re- novation 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 be registered letter or telegram and shall be deemed given when the letter is deposited in the mail or the tele- gram filed with the telegraph company, postage or charges prepaid, and addressed to the party for whom intended at such party's addre ss first herein specified or to such other address as may be substituted therefor by proper notice he reunde r . 12. This lease merges and supersedes all prior negotiations, represen- tations 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 Le s SOl' 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 attorneyf s fee s. -3- . ~ .' I , IN WITNESS WHEREOF.. this lease is executed as of the date first herein written. Countersigned: By ,jd/t4~ i/~' Mayor-Comnrlssioner Approved as to form & correc ess: Attest: '- '- . ~c:". ~ Lv~~.~~ City Clerk Witnesses: ~~/~ ~ ~_~L As TO CITY a~ df. ~~~_j1 ALLEN R. BEACH (SEAL) ..4-