FIVE YEAR LEASE (2)
~. .
,,-
,.
.-
I
I
LEASE
THIS LEASE, dated this I()~ day of ~
by and between the CITY OF CLEARWATER, FL RIDA,
, A.D,
1974,
a municipal
corporation, hereinafter called Les sor, and COLONY MARINA RESTAURANT,
INC., a Florida 'corporation, hereinafter called Lessee;
WITNESSETH:
That in consideration of the covenants herein contained of the granting
of this lease and of the sums paid to 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
described premises located in the City of Clearwater, 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, according 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:
1. The term of this lease shall be for a period of five (5) years
beginning on the 1st day of June, 1974, and ending on the 31st day of May,
1979.
2. The Lessee hereby covenants and agrees to pay rental therefor in
the total sum of $18,000.00, and a further sum equal to five per cent (5%)
.
of Les see IS gros s income over and above $60, 000. 00 per annum received
from all sources in connection with its operation on the demised premises.
Said rentals shall be payable in the following manner: Payable $300. 00 in
advance, receipt of which is hereby acknowledged by the Lessor, as a deposit
for the faithful performance of the Les see's obligations hereunder, which
deposit shall be credited to the prepayment of rental hereunder in the event
of the faithful performance of the Lessee's obligations hereunder; the balance
-1-
lq~t?- '2.
!;.".'
-t... .. ~
I
I
shall be payable in monthly installments of $300.00 each, payable in advance
on or before the 1 st day of each month during the term hereof, commencing
the 1st day of June, 1974, to be payable until the total rental hereunder has
been paid in full. Lessee further agrees that for the purpose of ascertaining
the amount of rental to be paid under the aforesaid percentage proviso, that
a sworn statement showing gross income for the preceding year from June 1
through May 31 during the term of this lease shall be submitted by it on or
before the 15th of June immediately following such period. Lessor shall
have the right to inspect or audit these sales or income accounts at any time.
The aforesaid deposit of $300. 00 shall be credited to the prepayment of the
last month's rental hereunder. Lessee further covenants and agrees to
~ pay to the Lessor the sum of $27.00 per month for gas in addition to the
n~ . rental set out above, for the first year and then sai,d monthly payment to be
..YQ' 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
maintain therein for the ,bel}efit 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 exeept that it further agrees that should the
demands of the public justify it, to change said hours of opening to meet such
demands, upon written request from Lessor to make said change in hours
of business. The demised premises shall not be used for any other purpose
during the term hereof except as a Lunchr:oom 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 Lessee 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 consent
-2-
<If, .. -~, .,
I
I
of the Lessor, which consent shall not be unreasonably withheld. The Lessee
hereby covenants and agrees to pay the rental promptly on the day same becomes
due, and that if said Lessee shall fail to pay any rental installment within ten
(lO) 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 term hereof shall immediately become
due and payable without notice, and the Lessor shall be entitled immediately
to re-enter and re-take possession of the demised premises, the Lessee, by
its default, waiving all rights of notiee, and the Lessor shall have other
remedies as are available to it under the lawf? of the State of Florida.
5. The Lessee 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 premises, prior to the date upon which payment of
the same would be delinquent including taxes of the City of Clearwater;
provided, however, the Lessee shall have been presented with bills therefor,
and provided further that nothing herein conta-ined shall obligate Lessee to
payor to reimburse Lessor for the payment of any such assessment for
permanent improvements or betterments, such as sidewalks or sewers or
other improvements or betterments or to reimburse Lessor for any portion of
any tax not allocable to the term of this lease.
6. The Lessee hereby covenants and agrees to keep and maintain the
premises and fixtures ~ocated t~erein in good condition and repair during the
term of this lease and to return the premises to the Lessor upon the expiration
of the term hereof in as good condition as they are now, 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 permanently attached to the premises shall revert abs olutely
and become the property of the Lessor upon the expiration of the term hereof;
-3-
',"'-' ,~",':' I;"~. ;
'::{'
'<0.
I
I
provided, however, that the Lessor at its option may; require the Lessee to
remove all of 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 marks whatsoever.
7. The Lessee 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 premises so long as
said signs conform to the ordinances of the City of Clearwater, Florida,
presently in force or passed during the term ~e:reof regarding signs; provided,
however, that no sign other than the signs as aforesaid shall be painted,
erected, constructed or maintained by the Lessee and provided further 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 description
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 charge all water used
by the Lessee on the demised premises and agrees to furnish a refuse disposal
location outside of the premises for the use of the Lessee.
9. The Lessee hereby covenants to pay all bills for electric current
and other services to the premises requested by the Les see 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 liablity insurance from a responsible insurance company protecting
all persons and property entering upon said premises during the period of
-4_
this lease, and Lessee shall assume full responsibility and absolve the
..
,"
":'~
I
I
Lessor of any and all liability or damages for injuries to persons or property
whatsoever, in connection with the use and occupancy o~ said premises. The
Lessee further covenants and agrees to obtain and keep in force during the
term of this lease adequate plate glass window insurance. Lessee further
covenants and agrees to furnish Lessor with copies of the aforementioned
insurance policies. The Lessee further covenants and agrees 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;
provided the premises may be closed for a: reasonable period not to exceed
twenty (20) days during each calendar year to repaint, repair, clean or
recondition the premises.
10. Notices hereunder shall be given only by certified letter or telegram
and shall be deemed given when the letter is deposited in the mail or the
telegram filed, with the telegraph company, postctge 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. In addition to the premises hereinabove leased, Lessee shall
have the right of first refusal in the event Lessor permits other restaurants
or food operations in the existing premises of the Clearwater Marina facility
and including its docks, such right of first refusal to be at the terms and
condition for which the Lessor would accept any of such other operations' at
such location or premi~es.
12. This lease merges and supersedes all prior negotiations,
repres entations and agreement,s, and constitutes the entire contract between
Lessor and Lessee concerning the leasing of the premises and the consideration
therefor. 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 subsequent breach, default or waiver of the Lessee hereunder, and
,
any such breach, default or waiver shall be dcem.ed to be continuing unless
and until specifically waived in writing by the Lessor.
.5_
." ~"
>'
.. f". " ,J,
" .'
..
I
I
13. In the event either party to this lease is at any time in default
thereof and it is necessary for the other party to employ the services of an
attorney to enforce this lease by virtue of such default the defaulting party
agrees to pay all costs of said enforcement, including a reasonable attorney's
fee for the attorney representing the party not in default.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
.
By
Approved as to or
correctness:
t:::~~
Witnes ses:
LESSOR
c-~
COLONY MARINA RESTAURANT, INC.
By ~1-:eSi{;/~
~~ -.
~7ii: y.- ~
As to Lessee
LESSEE
-6-