NON-DWELLING LEASE AGREEMENT (5)
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JASMINE COURTS
NON-DWELLING LEASE AGREEMENT
This lease between Clearwater Housing Authority, organized and existing under the laws
of the State of Florida as "Lessor," and the City of Clearwater as "Lessee."
WITNESSETH:
WHEREAS, Lessor has agreed to lease one (1) rental unit in the Lessor's Jasmine Courts
community (FLA 75-1B) for office, administration and operational purposes necessary for the
providing services as related to "USE" below #2, in and to the residents of the Jasmine Courts
community;
NOW THEREFORE, in consideration of the foregoing stated promises and conditions,
the parties agree to the following:
1. PREMISES
Lessor does hereby lease to Lessee certain premises designated as 2931 Sandlewood Drive,
Clearwater, Florida 33759. The leased property is located in the Jasmine Courts community.
2. USE
It is understood and agreed between the parties hereto and Lessee covenants that the leased
premises during continuance of this Lease shall be used only for the proper administration and
operation of providing services to the residents of Pinellas County, Florida, and for no other
purpose or purposes, without the written consent of the Lessor, which may be granted or
withheld in Lessor's sole discretion. Specifically, the Lessee's intended use of this unit is for the
Clearwater Police activities.
3. TERM
Except as otherwise expressly stated in this Lease, the term of this Lease shall begin on
August 1. 2002 and end on July 31. 2003. This is a one (1) year lease with provision for future
renewals as agreed upon by Lessor and Lessee. However, upon a thirty (30) day written notice
from either party, one to the other, the lease may be terminated. Should such termination take
place, Lessee agrees to vacate the unit on or before the effective date of termination of the
existing lease.
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4. SECURITY DEPOSIT
Lessor will not be collecting a security deposit. Lessee understands that if there are damages
beyond normal wear and tear, Lessee is liable for payment of same in full, including labor and
materials required to bring units back to move-in condition.
5. RENT
Lessee convenants that it will, without deduction, demand, or setoff pay to Lessor for the use of
this rental the sum of zero dollars ($0.00) per month.
6. LESSEE PAYMENT OF CERTAIN UTILITY COSTS
Lessor shall pay for water, sewer, electric and gas utility expenses. In no event shall Lessor be
liable for the quality, quantity, failure or interruption of such service to the leased premises.
7. INTERlORALTERATIONS
It is agreed that Lessee shall not make any structural alterations or permanent improvements to
the premises without the prior written consent of Lessor. It is specifically understood and agreed
that Lessor has no obligation and has made no promises to alter, remodel, or improve the unit
except as specifically herein set forth, All alterations, improvements, including without
limitation, which may be made or installed by either of the parties hereto upon the unit, shall
become property of the Lessor at the time of lease termination. Lessee shall, upon the
termination of the lease term surrender the leased premises to Lessor in the same condition as
when received, ordinary wear and tear excluded. Prior written approval by Lessor is required if
interior painting is requested by Lessee. Lessee shall have the option of painting the unit: (1) at
their own expense and subject to inspection by Lessor, or (2) by contracting with Lessor to do it
at actual cost including both materials and labor.
8. MAINTENANCE AND REPAIRS
By entry thereunder Lessee accepts the leased premises as being in good, sanitary, orderly
condition and repair. Lessor agrees to maintain and repair the electrical, plumbing and air
conditioning and keep the building in a safe and usable condition. Replacement of light bulbs is
the responsibility of Lessee. Lessor shall also be responsible for maintaining and repairing the
structural portions of the premises including foundation, exterior and demising walls and roof
and common areas. Lessee hereby expressly grants Lessor easement for ingress and egress over,
under and through the premises for the purpose of making repairs and for exercising any rights or
obligations of Lessor under this Lease. Lessor shall have the right to maintain and operate all
said areas and to police same. Lawn mowing shall be provided by Lessor. Should said rental
units be damaged through Lessee's abuse, Lessee shall reimburse Lessor for the actual cost of
such repair including labor and materials.
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9. ASSIGNMENT AND SUBLETTING
Lessee may not assign or sublet this Lease in whole or in part, without prior written consent of
the Lessor. The units are leased exclusively to Lessee.
10. RULES OF OCCUPANCY
See the attached Exhibit "A" for detailed listing of the Rules of Occupancy.
11. INDEMNIFICATION OF LESSOR
Lessee agrees to indemnify, save, and hold the Lessor harmless from any and all claims, suits,
judgements, and liability for death, personal injury, bodily injury, or property damage arising out
of Lessee's use of the premises by Lessee, its employees, contractors, subcontractors, business
invitees, or assigns, including legal fees, court costs, or other legal expenses, provided however
that the Lessee shall not be legally liable for any negligence of the Lessor, its employees,
servants, contractors, subcontractors, assigns or the negligence of any other party, and provided
further, that the liability of the Lessee shall not, in any event, exceed the statutory limits set forth
in Section 768.28, Florida Statutes, nor shall the liability of the City extend to any claim of the
Lessor which is covered by Lessor's insurance coverage, except to the extent of the deductibles
or other losses suffered.
13. INSURANCE
Lessee is a self-insured Florida Municipal Corporation. Lessee will self-insure its personal
property stored in the leased premises as well as self-insure, with excess insurance coverage as
deemed appropriate by Lessee, any third party liability of Lessee arising out of this lease.
14. ENTRY BY LESSOR
Lessor shall at any and all reasonable time have the right to enter leased premises to inspect the
same without notice.
15. PARKING
All parking shall be on a first come, first served basis, unless otherwise authorized by Lessor.
16. MAILING ADDRESS OF LESSEE
All notices for Lessee shall be forwarded to the following address unless Lessor is otherwise
notified:
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Sgt. Sheila Waters
Clearwater Policy Department
645 Pierce Street
Clearwater, FL 33756
Phone: (727) 562-4255, extension 5066
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease effective as of
the dates first above written, each representing to the other that they have full authority to
execute same in the capacity indicated.
Signed this _ day of
Countersigned:
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Approved as to form:
In the presence of:
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, 2002.
CITY OF CLEARWATER, FLORIDA
BY~ a.. ::t3.l4v.....:'Jt
William B. Home II, City Manager
Attest:
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E. Goudeau, c;ity Cler~
CLEARWATER HOUSING AUTHORITY
By:
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