SIXTY-FOUR MONTHS LEASE
. ,:\
t~ )
LEASE
T.f
THIS LEASE, dated this Y1 dc.y of May, A. D. 1979, by land
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter called "the Lessor", and COLONY MARINA RESTAURANT, INC.,
a Florida corporation, hereinafter called "the Lessee";
,
I
~.
~- -
WITNESSETH: Tha.t in consideration of the covenants herein con-
tained of the granting of this lease and the sums paid and to be paid hereunder,
the Lessor hereby leases to the Lessee and the Lessee hereby leases from the
Lessor according to the terms, conditions and covenants herein contained, the
following desc ribed premises located in the City of Clearwate r, Pinellas County,
Florida, to wit:
The lunchroom on the Ground Floor in the Clearwater
Marina Building, located on Lots 11 and 12 of CITY PARK
SUBDIVISION, accoTding to the map or plat thereof as
recorded in Plat Book 23, page 37, of the Public Records
of Pinellas County, Florida.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE
AS FOLLOWS:
l. The term of this lease shall be for a period of sixty-four (64)
months, beginning on the 1st day of June, 1979, and ending on the 30th day
of September, 1984.
l. The Lessee hereby covenants and agrees to pay as rental for the
above described premises during the term of this leas~L the following percentage
rent. The percentage rent shall be computed on the basis of ten per cent (lO%)
of Lessee's gross sales each month, but in no event shall the rental payment
made pursuant to this lease be less than Seven Hundred Dollars ($700.00) per
month. Within this paragraph, the term "gross sales" shall mean that total
figure derived by Lessee from all sales conducted on the premises each month
after subtracting State sales tax from such amount. The percentage rental
provided for herein shall be due and payable on the first day of each and every
month during the term of this lease. Failure to rra ke the payment provided for
in this paragraph within ten (10) days of the due date each month shall be grounds
for cancellation of the lease. Lessee further covenants and agrees to pay to the
Lessor the sum of $35.00 per month for gas in addition to the rental set out
above, for the first year and then said monthly payment to be renegotiated.
annually.
3. The demised premises shall be used for the purpose of conducting
therein the business of a Lunchroom and Refreshment Stand, and as part of
the consideration for this lease Lessee covenants and agrees that it will main-
tain therein for the benefit of the public a Lunchroom and Coffee Shop, serving
sundaes, milk products, etc. and serving breakfasts, salad lunches and short
orders, and to maintain and keep open to the public said Lunchroom at least
twelve (12) hours each and every day, seven days per week except as hereinafter
provided and except that it further agrees that should the demands of the public
justi fy it, to change saLd hours of opening to meet such demands, upon written
request from Lessor to aake said change in hours of business. The demised
premises shall not be used for any other purpose during the term hereof except
as a Lunchroom and Refreshment Stand, and the Lessee particularly covenants and
agrees that no beer or alcoholic beverages shall be sold or served for consumption
on or about the demised premises.
4. The Lesse_e hereby covenants and agrees 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
/:::) .i.j
,
,~} t:} '.', ,
"'~"
.j: ).' ...L-
lr".
......'.
f. .t.,;;:....." \..J..' l--
- 1 -
/ q _Onlf_2n>- 3
. ....
~
,
I
COnsent of the Lessor. The Lessee hereby covenants and agrees to pay
the rental promptly on the day same becomes due, and that if sai& less~e
shall fail to pay any rental installment within twenty (20) days of the day
same becomes due, or if the Lessee shall violate any of the covenants,
agreements, or obligations hereunder, the Lessee shall immediately without
notice, become a tenant at sufferance, and the entire principal amount of
rental for the entire t~rm 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 Lessee by his default,
waiving all rights of notices, and the Lessor shall have other remedies as
are available to it under the laws of the State of Florida.
5. The Lessee shall pay to the proper public authorities taxes and
license fees levied upon the pe rsonal property located in and the business
conducted on the demised premises, including taxes levied upon the leased
premises, prior to the date upon which payment of the same would be delin-
quent, including taxes of the City of Clearwater; provided, however, that the
Lessee shall have been presented with the bills therefor, and provided further
that nothing herein contained shall obligate Lessee to payor to reimburse
Lessor for the payment of any such assessment for permanent improvements
or betterments or to reimburse Lessor for any portion of any tax not allocable
to the te rm of this lease.
6. The Lessee hereby covenants and agrees to keep and maintain
the premises and fix.t ures located therein in good condition and repair during
the term of this Lease and any extension hereof, and to return the premises
to the Lessor upon the expiration of the term hereof in as good condition
as they now are, ordinary wear and tear and damage by the elements only
excepted. No alterations or improvements may be made to the premises
without the written consent of the Lessor. Any and all fixtures attached to
the premises shall revert absolutely and become the property of the Lessor,
upm the expiration of the term her.eof; provided, however, that the Lessor
at its option may require the Lessee to remove all the fixtures, partitions
racks, shelves or other improvements from the premises upon the expiration
of the term hereof at the cost of the Lessee and without leaving any scars
or ma rks whatsoever.
7. The Lessee may place an appropriate sign on the plate glass win-
dow 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 premises so
long as said signs conform to the ordinances of the City of Clearwater,
Florida, presently in force or passed during the term hereof regarding signs;
provided, howeve r, that no sign other than the signs as aforesaid, shall be
painted, erected, constructed or maintained by the Lessee and provided fur-
ther that the Lessee 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.
8. Lessor covenants that Lessor is well seized and has good right
to lease the premises, will warrant and defend the title thereto, and will
indemnify Lessee against any damage and expense which Lessee may suffer
by reason of any lien, encumbrance, restriction or defect in the title to or des-
cription herein of the premises. The Lessor further covenants and agrees to
allow the Lessee peaceful and quiet enjoyment of the premises during the term
hereof. The Lessor further agrees to furnish free of cha rge all water used by
the Lessee on the demised premises and agrees to dispose of refuse in a
manner acceptable to the City.
9. The Lessee hereby covenants to pay all bills for electric current,
gas, heat, and other services to the premises requested by the Lessee within
ten (10) days after each of said bills shall have been rendered. The Lessee
further covenants and agrees prior to taking possession of said leased premises
to obtain liability insurance from a responsible insurance company protecting
- 2 -
:-
. .
,
I
all persons and property entering upon said premises during the peri od of this
lease. and Lessee shall assume full responsibility and 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 Lessee further
covenants and agrees to obtain and keep in force duri ng the term of this lease
adequat e plate glass window insurance. The Lessee further covenants and
agrees to operate the business conduct ed on the pz:emises during the entire
year of each year of the term hereof and during each and -every month of the
term hereof; provided the premises may be closed for a reasonable period
not to exceed twenty (20) days during each cal endar year to repaint, clean or
recondition the premises. Lessee further covenants and agrees to furnish
Lessor with copies of the af orementioned insurance policies.
lO. All sales shall be recorded on a cash register utilizing tapes and
all such tapes shall be maintained and shall be made available for inspection
and auditing by the City Auditor or his designated representative. The Lessee
shall in addition make available all books and records relating to the ope rat ion
of their business, includi ng any and all reports or forms prepared for the
purpose of complying with the Statesal es tax law. and all such books, records.
reports am forms shall be made available for inspection by Lessor when.
request is made by the City Manager during the term of this lease.
11. In the event the Lessee fails to perform the provisions, terms and
conditions of this lease, or if it should become necessary for the Lessor to
cancel this lease and repossess the premises he rei n described as a result of
a nat ional or munici pal emergency or if the City Commission determines that
the premises are needed for any public purpose. the Lessee shall vacat e said
premises within thirty (30) days from the date of the Lessor's demand notice.
l2. Notices hereunder shall be given only by registered letter or
telegram and shall be deemed given when the letter is deposited in the mail or
the telegram filed with the telegraph company. postage or charges prepai d, and
addressed to the party for whom intended at such party's address first herein
specified or to such ot her address as may be substituted theref or by proper
notice hereunder.
13. This lease merges an d supersedes all prior negotiations,
representat ions and agreements, and constitutes the entire contract between
Lessor and Lessee concerning the leasing of the premises and the considerat ion
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 Lessee hereunder, shall be deemed a waiver of any sub-
sequent breach. default or waiver of the Lessee hereunder. and any said breach,
default or waiver shall be deemed to be continuing unless and until specifically
waived in writing by the Lessor.
- 3 -
l' .,
. - <(>>
'. l I
,~ ,~ . ~
.
, .
l4. In the event the Lesso r 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 Lessee, the
Lessee hereby agrees to pay tc;> the Lessor all costs of said enforcement
incl uding court cost s and reasonable attorney's fees.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
.'
Mayor-C onunis sioner
Approved as to form and
c r ness'
Attest:
0( ~~ G J.tt.~~~
City Clerk..
INC.
.... -- - --
~ -
~ .
Secretary
--- .
'.
(Corporate Seal)
. --
-' '-
LESSEE
- 4 -
-...~