NON-DWELLING LEASE AGREEMENT (2)
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JASMINE COURTS
NON-DWELLING LEASE AGREEMENT
This lease is between the 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 75-1 B) for office, administration, and
operational purposes necessary for 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:
Clearwater Police activities.
3. TERM
Except as otherwise expressly stated in this Lease, the term of this Lease shall
begin on August 1,1999 and end on July 31,2000. 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 unit back to move in
condition.
5. RENT
Lessee covenants that it will, without deduction, demand, or setoff pay to Lessor
for the use of this rental the sum of zero per month.
6. LESSEE PAYMENT OF CERTAIN UTILITY COSTS
Lessee 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. INTERIOR ALTERATIONS
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 the 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
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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 unit
be damaged through Lessee's abuse, Lessee shall reimburse the Lessor for the
actual cost of such repair including labor and materials.
9. ASSIGNMENT AND SUBLETTING
Lessee may not assign or sublet this Lease in whole or in part, without prior
written consent of the Lessor. This unit is 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, judgments, 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.
12. 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.
13. ENTRY BY LESSOR
Lessor shall at any and all reasonable time have the right to enter leased
premises to inspect the same without notice.
14. PARKING
All parking shall be on a first come, first served basis, unless otherwise
authorized by Lessor.
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15. MAILING ADDRESS OF LESSEE
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All notices for Lessee shall be forwarded to the following address unless Lessor
is otherwise notified:
Sgt. Ron Sudler
Clearwater Police Department - Phone # 562-4242 X 2478
645 Pierce Street
Clearwater, FL 33756
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 a,~_t){ity to execute the same in the capacity indicated,
Signedthis25 day of ~+ 1999.
Countersigned:
Brian J. Au st, Mayor-Commissioner
Approved as to form:
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Robert Surette,
Assistant City Attorney
In the presence of:
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CITY 0 CLEARWATER, FLORIDA
By:
Mich el J. Roberto, City Manager
Attest:
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~Go~~U,City'Clerk :'
CLEARWATER HOUSING AUTHORITY
By: ~.AA.11J~ ~:, /J.Llt /
U Executive Di~~--
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EXHIBIT" A"
JASMINE COURTS NON-DWELLING
RULES OF OCCUPANCY
The Clearwater Housing Authority welcomes you to our Jasmine Courts community and hopes
that you will find your tenancy pleasant and comfortable. The Rules of Occupancy are necessary
and reasonable regulation designed by management for the benefit of all residents.
By executing the attached Lease, Lessee acknowledges and accepts the following Rules of
Occupancy:
1. Rent is due and payable on the first day of the month and delinquent after the fifth. A late
fee of$25.00 will be assessed on the sixth of the month. );0 cash is accepted by
management. Your agency's check or money orders are the only acceptable form of rental
payment. Rent checks shall be made payable to The Clearwater Housing Authority.
2. No one including client, employee or visitor shall park their vehicle on or drive on the lawn.
3. Vehicles without current registration and any disabled vehicles shall be towed away at the
vehicle owner's expense.
4. Lawns are to be kept in clean and attractive condition without litter.
5. Walkways, patios and lawns shall be free of obstructions.
6. Immediate report of needed repairs should be made to the Maintenance office. Lessee is
responsible for payment of repairs resulting from damage done including that caused by their
clients, employees and visitors to the property.
7. Dumpsters are available on the property for the sanitary disposal of all garbage and trash.
All garbage must be put in plastic bags and tied before being placed in dumpsters. Large
items such as beds, sofas. chairs, etc. can be disposed of by (a) placing the item(s) in the
dumpster area (Jasmine Courts only), and shall not be placed inside the dumpsters, or (b)
calling the management office to arrange for pick up of large items.
8. Lessee may. at their own expense. with prior \vritten appro\'al and instruction from
Clearwater Housing Authority management install additional floor covering,
9. No cats or dogs shall be housed in or around any building.
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10. No exposed storage is permitted.
11. Lessor will do reasonable extermination as needed. Lessee grants Lessor and/or its agents or
assignees unrestricted access to administer such pest control.
12. Lessee is fully responsible for the day to day upkeep of their leased space.
PLEASE KEEP A COPY OF THIS DOCUMENT
POSTED IN YOUR LEASED PREMISES.
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hsminc :\on,D\\clll!1g Rules ot'Occupancy 698