FOUR YEAR TEN MONTH LEASE - CLEARWATER MARINA BUILDING ROOM NO. SIX
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LEA S E
THIS LEASE, dated this ~ day of December
by and between the CITY OF CLEARWATEd, a municipal corporation
under the laws of the State of Florida, hereinafter called the
and SAMUEL MODICA and CATHEilNE A. KODICA
hereinafter called the Lessees;
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existing
Le ssor,
'vITNESSETH: That in consideration of the covenants herein
containedofnthegranting ofHthis lease and of the Sums paid and to
be paid hereunder, the Lessor hereby leases to the Lessee II 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, Page 37 of the Pub-
lic Records of Pinellas County, Florida.
1. The term of
years, beginning
and ending on the 30
this lease shall be for a period of ~s. 10l mo.
on the ,14 day of January <<. 19 58
day of _"_her , 19 62.
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i) 2. The Lessee s hereby covenant and a~ree to pay rental there-
~3Gl\j- for in the total sum of$3,802.S0 , payable::; 130.00 in advance, re-
ceipt of which is hereby acknowledged by the Lessor as a deposit for
the faithful performance of the Lessees? obligations hereunder, which
deposit shall be credited to the prepayment of rental hereunder, in the
event of the faithful performance of the Lesse~s obligations hereunder;
the balance shall be payable in equal monthly installment s of,~ 65.00
each, payable in advance on or before the 14 day of each month during
th e term hereof, commencing with the 14 day of January < , 19.J~t
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-
i se s, or for any other rea son or cause what soever. Acivan.ce payment made
by credit of advance under previeus lease.
3. The demised premises shall be used only for the purpose of
conducting therein the business of
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- A Barber Shop-
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4. The Lessees hereby covenant and agree to ma~e 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 s hereby covenant and agree t.o pay the
rental promptly on the day same becomes due, and that if said Lessees
shall fail to pay any rental installment within ten (10) days of the day
same become s due, or j f the Lessee. shall violate any of the covenants,
agreements or obligations hereunder, the Lessees shall 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 L,essor shall be entitled immediately to
re-enter and retake possession of the demised premises, the Lessees by ~beir
default , waiving all right s of noti ce s, and the Le s sor shall ha ve other
remedies as are available to him under the laws of the State of Florida.
5~ The Lessees 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 premi ses, 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
an~ suchas-ses-smentforpermane-ntimprovement s orbetterme-nts,suchua s 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 lease6
6. The Lessees hereby covenant and agree to keep and maintain the
premises and fixtures located therein in good condition and repair during
the term of this leRse and any extension hereof, and to return the premises
to the Lessor upon the expiration of the termhereof in as good condition
as they now 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; provided, however, that the Lessor
at its option may require the Lessees to remove all of the fixtures, parti-
tions, racks, shelves or other improvements from the premises upon the ex-
piration of the term hereof at the cost of the Lessee and without leaving
any scars or marks whatsoever.
7. The Lessees 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 demised prem-
ises so long as said signs conform to the ordinances of the City of Clear-
water, Florida, presently in force or passed during the term hereof re-
garding signs; provided, however, that no sign other than the signs as
aforesaid, shall be painted, erected, constructed or maintained by the
Lessees and provided further that the Lessees 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.
S. Lessor covenants that Lessor is well seized and has'good right
to lea.sethe premises, will warrant and defend the title thereto, and vli 11
indemnify Lessee against any damage and expense which Lessee s may suffer
by reason of any lien, encumbrance, restriction or defect in the title to
or description herein of the premises. The Lessor fur ther covenants and
a grees to allow the Lessee s 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
Lessee s .
.9. 'llhe Lessees herebyt:ovefiant to payalT bills for electric
current, gas, heat, and other services to the premises requested by the
LesseElJ within ten (10) days after each of said bills shall have been ren-
dered. The Lessees further covenar.'::; and agree prior to taking possession
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 Lessees shall assume full
responsibilityand 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 Lessees further covenant and agree
to obtain and keep in force during the term of this lease adequate plate
g lass window insurance. The Lessees further covenant and agree 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.
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10. Notices hereunder shall be given only by registered letter
or telegram and shall be deemed given when the letter E 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
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-
tween Lessor and Lessee s 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.
Nowai ve:r'of any.breach or default. or failure of the Lessees. hereunder,
-shaTl-be -deeme'da -waiver-o.f-any-s1..i15sequentbreach,default or waiver of
the Lessees hereunder, and any said breach, default or waiver shall be
deemed to be continuing unless and until specifically waived in writing
by the Le ssor .
12. In the event t6e 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 9 the Lessees hereby agree to pay to the Lessor all costs of said
enforcement including court costs and reasonable attorney9s fees.
iN WITNESS WHEREOF, this lease is executed as of the date first
herein writt~n.
SEAt
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CITY OF CLEARWATER, FLORIDA
~Za-Lb~
C' Y Manager
Co ersigne
Witnesse~ as to e~ecution by
City of ~learwater~
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Approved as to form and cor-
rectness~
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Samuel Moc:b.ca
Witnesses as to execution by
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Catherine A. Modica -
Lessees
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