NON-DWELLING LEASE AGREEMENT (3)
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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 75-1B) 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, 2000 and end on July 31, 2001. 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 premised 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 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.
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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. 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,
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.
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.
15. 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. Ron Sudler
Clearwater Police Department - Phone # 562-4242 Ext. 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 authority to
execute the same in the capacity indicated.
Signed this
?Jl:,.u- day of n
2000.
Countersigned:
CITY OF CLEARWATER, FLORIDA
ayor-Commissioner
BY:~.~~
~ . '. ,\City Manager
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Approved as to form:
Attest:
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obert 1. Surette,
Assistant City Attorney
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In the presence of:
CLEARWATER HOUSING AUTHORITY
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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. No cash will be 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 its own expense, with prior written approval and instruction from Clearwater
Housing Authority management, install additional floor covering.
9. No cats or dogs shall be housed in or around any building.
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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