FIVE YEAR LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX (4)
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LEA S E
THIS LEASE, dated this ~ay of November
by and between the CITY OF CLEAaWATErl, a municipal corporation
under the laws of the State of Florida, hereinafter called the
and SAMUEL MODICA~ac~~~~
hereinafter called the Lessees;
, 19 62..-,
existing
Le ssor,
:ifITNESSETH: That in consideration of the covenants herein
contained of the granting of this ~ease and of the sums paid and to
be paid hereunder, the Lessor hereby leases to the Lessees and the
Lessees hereby lease from the Lessor according to the terms, condi-
tions and covenants herein contained, the following described premises
located in the City of Clearwater, Pinellas County, Florida, to-wit~
11.00m Nos. Six (6) in the Clearwater
Marina Building, located on Lots 11 and 12 of CITY
PARK SUBDIVISION, according to the map or plat there
of as recorded in Plat Book 23, Page3? of the Pub-
lic Records of Pinellas County, Florida.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE AS
FOLLOlfS:
1. The term of
( 5 years, beginning
and ending on the ~nth
this lease shall be for a period of
on the ~L day of December
day of November , 19~.
fhTP.
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2. The Lessees hereby covenant and a~ree to pay rental there-
for in the total sum of $ 3.900.00 , payable 1130.00 in advance, re-
ceipt of which is hereby acknowledged by the Lessor as a deposit for
the faithful performance of the Lessees9 obligations hereunder, which
deposit shall be credited to the prepayment of rental hereunder, in the
event of the faithful performance of the Lessees' obligations hereunder ~
the balance shall be payable in equal monthly installments of $65.00
each, payable in advance on or before the 1st day of each month during
th e term hereof, commencing wi th the 1st day of December , 19_62_
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 Lessees to the Lessor for rental, damage to the prem-
ises, or for any other reason or cause whatsoever. Advance payment made
by credit of ad,yance under previous lease.
3. The demised premises shall be used only for the purpose of
c:Jnducting therein the business of a Barber Shop
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4. The Lessees hereby covenant and agree 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 Lessees hereby covenant and agree ~o pay the
rental promptly on the day same becomes due, and that if said Lessee
shall fail to pay~ny rental installment within ten (10) days of the day
same becomes due, or jf the Lessees shall violate any of the covenants,
agreements or obligations hereunder, the Lessees shill1 immediately with-
out notice, become tenants at sufferance, and the entire principle amount
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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 Lessees by tbeir "
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~
5. The Le ssee;; shall pay to the proper public author it ie s 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; provided, however, that the Lessees shall have been presented
with bills therefor, and provided further that nothing herein contained
shall obligate Lessees to payor to reimburse Lessor for the payment of
any; such assessment for permanent improvements or betterments, such as side-
walks 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 Lesse~ hereby covenant and agree to keep and maintain the
premises and fixtures located therein in good condition and repair during
the tprm of this lease and any extension hereof, and to return the premises
to the Lessor upon the expiration of the termhereof in as good condition
as they pow are, ordinany wear and tear and damage by the elements only
excepted. No alterations or improvements may be made to the premises with-
out 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; provided9 however, that the Lessor
at its option may require the Lessee to remove all of the fixtures, parti-
tions, racks, shelves or other improvements from the premises upon the ex-
pira tion of the term hereof at the co st of the Le ssees and 1rri thout leaving
any scars or marks whatsoever.
7. The Lessees mny place an appropriate sign on the plate glass
window in front of the demised premises and an appropriate neon cr lighted
sign on the inside of the pIa te gla ss windovf in front of the demi sed prem-
ises so long as said signs conform to the ordinances of the G~:_ty of Clear-
water, Florida, presently in force or passed during the term hereof re-
garding signs; provideds however, that no sign other than thr signs as
aforesaid, shall be painted, erected, constructed or maintained by the
Lessees and provided further that the ~essees 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.
a~ Lessor covenants that Lessor is well seized and has'good right
to lea se the premises, vrill warrant and (.lefend thG -title thereto, and 'v'rl 11
indemnify Lessee against any damage and expense 'i)hich I.essoes r;1a'}r su.ffer
by reason of any lien, encumbrance, restriction or defect in the titJ_e to
or description herein of the premises. The Lessor fue ther covenant:::: and
agrees to allow the Lessees 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 Lessees on the demised premises and agrees to furnish
a ' refuse disposal location outside of the premises for the use of the
Lessees . ~
9. The Lessee; hereby covenant to pay all biL~s for electric
current1 gas, heat, and other services to the premises requested by the
Lesse~ within ten (10) days after each of said bills sha~l have been ren-
dered. The Lessees further covenan+' and agree prior to taking possession
of said lea sed premise s to obtain liabi~ity insurance f.eom a responsible
insurance company protecting all persons and property entering upon said
premises during the period of this lease, and Lessees shall assume full
responsibilityand absolve the Lessor of any and all: liability or damages
for injuries to per sons or property whatsoever, in connection Hi th the
use and occupancy of said premises. The Lessees further covenant and agree
to obtain and keep in force during the term of this lease adequate plate
glass window insurance. The Lessees further covenant and agree to operate
the busine ss 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.
Lessees further covenant and agree to furnish Lessor with copies of the aforementioned
insurance policies. -2-
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10. Notices hereunder shall be given only by registered letter
or telegram and shall be deemed given when the letter ~ deposited in
the mail or the telegram filed "vi th the telegraph company, postage or
charges prepaid, anr} addressed to the party for whom intended at such
party?s address first herein specified or to such other address as may
be substituted therefor by proper notice hereunder.
11. This lease merges and supersedes all prior negotiations,
representations and agreements, and constitutes the entire contract be-
t'vveen Lessor and Lessees 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 Lessees hereunder,
s hall be deemed a 1/;ai ver of any subsequent, breach, default oru waiver of
the Lessees hereunder, and any said breach, default or waiver shall be
deemed to be continuing unless and until specifically ,,[aived in ',vriting
by the Lessor.
12. In the event tfie 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
Lessees , the Lessees hereby agree to pay to the Lessor all costs of said
enforcement including court costs and reasonable attorneyV s fees.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
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SEAL
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A::?~~~
CW-Clerk -
Witnesses as to execution by
City of Clearwater~
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Approved as to form and cor-
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L/ ~~
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City Attorney t'
Witnesses as to execution by
Lessees
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Samuel Modica
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Lessees
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