FIVE YEAR LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX (3)
"
....----
-''-------".,.., , .-
I
--'
J
LEASE
THIS LEASE, dated this~day of p~7 19 68
by and bt~:ween the CITY OF CLEAH,V,r:" ~FP" FLORIDA, a municipal corporation,
he_ - '___2fter call.~d the Lessor, ;:".....-1 SAMUEL MODICA
hereinafter callc-i the Lesse_;
WITNESSETH: That in considt:;.i.:'t'::m of the covenants herein contained
of the granting of this lease and of the Sums paid and to ,?e 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 conta.ined,
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 SUBDIVSION, according to
the map or plat thereof as recorded in Plat Book 23,
pag~ 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 for a period of
beginning on the 1st day of February , 19
31st day of January , 19~.
five
68
t2__)
, and ending
2. The Lessee hereby covenants and agrees to pay rental therefor
in the toeal sum of $ 6,000.00 , payable $ 200.00 in advance,
receipt of \vhich is hereby acknowledged by the Lessor as a deposit for the
faithful performance of the Les s ee IS obligations hereunder, which deposit
shail be credited to the prepayment of rental hereunder , in the event of the
faithful performance of the Lessee IS obligations hereunder; the balance shall
be payable in equal monthly installments of $ 100. 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 , 19 68
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 prernises,
or for any other reason or cause whatsoever. Advance payment of $ 130.:...9~___
made under prev.ious lease.
3. Lessee hereby covenants and agrees that the nlonthly rental agreed
to be paid herein may be renegotiated on the second and fourth years 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 next two years or the final year as the case
nlay be 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.
Lessee is hereby given permission to expand his barbershop into
the hallway located to the South of the demised premises, being approximately
an additional 10 feet; provided, however, this expansion shallnot obstruct the
Northeast doorway to Suncoast Yacht Sales and further provided that any plans
for renovation, modification or remodeling must have the approval of the City
Manager prior to the commencement of any expansion.
Jqjj/- 4-
.-
~
I
::--
I
5. 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 therental
prompt]:" r",...i ':~_c day same becomes due, and that if said Lessc" <::l',all fail to
p<:y any rental installment within ten (10) days of the day same becomes due,
Or if ~:~C' T...essee shall violate any of the covenants, agreements or obligations
hereun~_ c', tl:'~ Lessee shall immediately without notice, become a tenant at
sufferance, ,:I.,~ 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.
6. The Lessee shall pay to the proper public authorities taxes and
license fees levied upon the personal property 10cated 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
improvements or betterments, such as sidewalks or sewers or other improvements
or betterments or to reimburse Les sor for any portion of any tax not allocable
to the term of this lease.
, '.
7. The Lessee hereby covenants and agrees to keep and rriaintain the
premises and fixtures 10cated 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 Lessor. Any and all fixtures attached to the premises shall
revert absolutely and become the property of the Les sor, upon the expiration of
the term hereof; provided, however, that the Les sor 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.
8. The Lessee may place an appropriate sign on the plate gla.ss 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, 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.
r:
9. 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 prernises. 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 th e use of th e Le sse e .
-2-
..
"
'I
I
,.
10. 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 sJ-iall have been rendered. The ::"",-::ce
further covenants and agrees p~ . "C to taking _')ossession of "'3.:'-1 leased premises
to obtain liability insurance from a responsibl,~ insurance .:a:-;.-qa,nv protecting
all persons and property entering upon said premises during U12 :":-100. of this
lease, and Lessee shall assume full responsibility and absolve the Lt-2~a!" 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.
11. If the demised premises are declared by the CityCommis sion 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 the Lessee and the Lessee waives any claim for damages from the City as a
result of such cancellation and the Less ee 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 IS 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 themail or
the telegram filed with the telegraph company, postage Q,r charges prepaid,
and addressed to the party for whom intended at such party's address first herein
specified or to such other address as may be susbstituted therefor by proper
notice hereu.'1.der.
13. This lease merges and supersedes all prior negotiations,
representations and agreements, and consti.tutes 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 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.
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 ri,ght of the Lessor against the Lessee, the
tJ
-3-
.,y- .,;~
I
0/
..>'
I
Lessee hereby :~ ~--:".;s to pay to the Lessor all costs of said enforcerr"nt
inclu.:::r~g court costs and reasonable attorney's fees.
U{ ~vlTNEfiS WHEREOF, this lease is executed as of the date first
herein written.
Approved as to form
correctness:
Witnesses as to execution by
City of Clearwater:
~~/~db
C..-=t~ 7t: 1f1Lj-v
Witnesses as to execution by Lessee:
4.~~----
~/~~~.lf
Attest:
'-
~~~~~
k
Samuel Modica
Lessee
,r-'-
e:.,
11