SIXTY MONTHS LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX AND ADDITIONAL HALLWAY SPACE
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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
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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.
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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.
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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:
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City Clerk
Witnesses:
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As TO CITY
a~ df. ~~~_j1
ALLEN R. BEACH
(SEAL)
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