FIVE YEAR LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX
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THIS LEASE, dated this /~ay of c?1I~-' 1973
by and between the CITY OF CLEARVlATER, FLORIDA, a municipal corporation,
hereinafter called the Lessor, and SAMUEL MODICA
hereinafter called the Lessee;
WITNESSETH: That in consideration of the covenants herein contained
of the granting of this lease and of the surns paid and to be paid hereunder, the
Lessor hereby leases to the Lessee and tlJC- Lessee hereby leases from the
Lessor according to the terms, conditions and covenants herein contained,
the following described pren1ises located in the City of Clearwater, Pinellas
County, Florida to wit:
Room No. Six (6) in the
Clearwater Marina Building, loca~ed on Lots 11
and 12 of CITY PARK SUBDIVSION, 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:
years,
on the
1. The term of this lease shall be lor a period of five
beginning on.;he 1st day of February , 19 73
31st day of January ,19 78 .
5
, and ending
2, The Lessee hereby covenants and agrees to pay rental therefor
in the total sum of $ 6, 600. oq._____, payable $_200.00 in advance,
receipt of which is h~reby acknowledged by the Lessor as a deposit for the
faithful performance of the Lessee IS obligations hereunder, which deposit
shall be credited to the prepayment of rental hereunder, in the event of the
faithful perform,ance of the Lessee IS obligc..tions hereunder; the balance shall
be payable in equal monthly installments of $ 110.00 each, payable in
advance on or before the 1st day of each month during the term hereof,
commencing with the 1st day of February , 1973
to be payable until the total rental hereunder has been paid in full. The
Lessor may deduct from the aforelue:c.tioned deposit any amounts which might
becolue due from the Les see to the Les SOl' for rental, damage to the premises,
or for any other reason or cause whatsoever. Adva~ce payment of $ 200.00
made under previous leas e.
3. Lessee hereby covenants and agrees that the monthly rental agreed
to be paid herein may be renegotiated on the thirtieth (30th) month of this
lease and the monthly rental thus agreed upon and as set by the City shall be
the rental to be charged for the last thirty (30) munths of the lease, and
the lease shall be amended to reflect the same.
4. The demised premises shall be used only for the purpose of
conducting therein the business of a Barber Shop.
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5. The Lessee hereby covenants a.nd agrees to Dla.ke no unlawful,
irnproper or offensive use of said premises. not to assi.gn thIS lease nor to
sublet all or any portion of the denlised prenlises without the written consent
of the Lessor. The Lessee hereby covenants and agrees to pay the rental
promptly on the day same becornes due, and that if said Lessee shall fail to
pay any rental installnl.ent within ten (10) days of the day same becomes due,
or if the Lessee shall violate any of the covenants, agreelnents or obligations
hereunder, the Lessee shall immediately without notice, become a tenant at
sufferance, and the entire principal amount of rental for the entire ternl hereof
shall imlnediately 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 hi.m under the laws of the State of
Florida.
6. 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, prior to the date upon which payment of
the same would be delinquent, including taxes of the City of Clearwater; pro-
vided, however, that the Lessee shall have been presented with bills therefor,
and provided further that nothing herein contained shall obligate Lessee to pay
or to reimburse Lessor for the payment of any such assessment for permanent
improvenl.ents or betterments, such as sidewalks or sewers or other iInprovements
or betterments or to reimburse Lessor for any portion of any tax not allocable
to the term of this lease.
7. The Les see here by 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 elenlents only excepted. No
alterations or improvements may be nl.ade to the prelnises without the written
consent of the Lessor. Any and all fixtures attached to the premises shall
revert absolutely and become the property (If the Les sor, upon the expiration of
the term hereof; provided, however, that the Lessor at its option may require
theLes see to remove all of the fixtures, partitions, racks, shelves or other
improvements from the prelnis es upon the expiration of the term hereof at the
cost of the Lessee and without leaving any scars or marks whatsoever.
8. The Lessee may place an appropriate sign on the plate glass 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 demise.d 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, cons tructed
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.
9. Lessor covenants that Lessor is well seized and has good right to
lease the prelnises, 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 deJect in the title to or description llerein
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 prenl.ises
for the use of the Lessee, and also to furnish heat for said premises.
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10. The Lesaee l1erebv co....rena-:::ts to ?w.~\;'" all bills for elect:i"ic C~l'-:- terl[.
gas, heat and other' services to the premises requested oythe Lessee w~U1in
ten (10) di-lYs after each of said bills shall have been rendered, The LeS5ee
further covenants and agrees prior to taking possession of said leased prelnises
to obtain liability insurance from a responsible insurance company protecting
all persons and property entering upon said prelnises 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 ITIonth of the
term hereof. Lessee further covenants and agrees to furnish Lessor with
copies of the aforementioned insurance policies.
11. If the demised premises are declared by the City Commission to
be needed for a public purpose, such as national emergency or related emergencies,
demolition and reconstruction of the Marina or for major renovation by construction,
then this lease may be cancelled by the City upon six (6) months written notice
to theLes s ee and the Les see 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.
12, 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 party1s address first herein
specified or to such other address a.s ll'lay be susbstituted therefor by prOpel"
notice hereunder.
13. TLis 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 succes sors
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 waiv8r 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.
14. 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
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Lessee hereby agrees to pay to the Lessor all costs of said enforcement
including court costs and reasonable attorney1s fees.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
IDA
By
City Manager
Attest:
Approved as to f
correctnes s:
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Witnesses as to execution by
City of Clearwater:
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~~m~dica ~
Witnesses as to
ssee:
Lessee
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