Loading...
FIVE YEAR LEASE . , , ..~ I I THIS LEASE, dated LEA S E this /f/~ay of'fir1: A.D., 1969, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called Lessor, and COLONY MARINA RESTAURANT, INC., a Florida corporation, hereinafter called Lessee. WIT N E SSE T H That in consideration of the covenants herein contained of the granting of this lease and of 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 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 1969, and ending on the 31st day of May 1974. It is mutually agreed that at the end of said term should the LeSSEe elect to continue utilizing the demised premises for the operation of a lunchroom, then and in that event the Lessee shall have the option for leasing the premises for an additional five (5) years, upon the same terms and conditions except that the lease payments shall be mutually agreed upon at such time. Exercise of the option herein provided for is conditioned upon Lessee notifying the City by certified /9oJj!;- J , , I I mail of its intention to do so at least sixty (60) days prior to the expiration date of the term hereof. 2. The Lessee hereby covenants and agrees to pay rental therefor in the total sum of $15,000.00, and further sum equal to five (5%) per cent of Lessee's gross 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 $250.00 in advance, receipt of which is hereby acknowledged by the Lessor, as a deposit for the faithful performance of the Lessee'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 shall be payable in monthly installments of $250.00 each, payable in advance on or before the 1st day of each month during the term hereof, commencing the 1st day of June 1969, 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 tomspect or audit these sales or income accounts at any time. The aforesaid deposit of $250.00 shall be credited to the prepayment of the last month's rental hereunder. 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 2. , . I I lease Lessee covenants and agrees that it will maintain 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 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 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 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 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 (10) 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 3. '\ I I immediately to re-enter and re-take possession of the demised premises, the Lessee, by its default, waiving all rights of notice, 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 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 contained shall obligate Lessee to payor to reimburse Lessor for the payment ofany 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 located therein 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 absolutely and become the property of the Lessor upon the expiration of the term hereof; 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 4. . . , , I I 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 hereof 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, gas and other services to the premises 5. 'r", . , I I '1 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 all persons and property entering upon said premises during the period 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 during the term of this lease adequate plate glass window insurance. 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, postage 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 6. ,.~ , ", '. I I premises of the Clearwater Marina facility and including its docks, such right of first refusal to be at the terms and conditions for which the Lessor would accept any of such other operations at such location or premises. ia. This lease merges and supersedes all prior negotiations, representations and agreements, 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 deemed to be continuing unless and until specifically waived in writing by the Lessor. . 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 tomforce 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 da~~first hereiriwritten. . . ..:... / - ~., :-.. FLORIDA, W1tnesses as to execution by City of Clearwater: j~~ A~ ~:t-)LJ~ ~, 7. ..... ,1 ~~ I (Lease between city of dated l!IIIf /'1, 1969) -Tu7 I Clearwater and Colony Marina Restaurant A1:-test: Secretary Witnesses as to execution ina Re rant: Approved as to form and correctness: BY,~~j C1ty Attorney .. -. _ ~-~ ...... -, ~ .'- .... 4---"- -,.... ~..~ "'':- -- ' " "/"' COLONY MARINA RESTAURANT~ ,,,U~,-:, -:~~', ~': - '... '" ~ p // ~\,,:,:,~ -~ ~, ,~->i- BrB.. C. t,t5f&Ja .. .,.-: ,~~ President "-;=_~~~~-..-~:_., ." ,~. 8. ~ I , WOLF~ BONNER, HOGAN & DONAHEY ATTORNEYS ANO COUNSELL-ORS AT LAW 16 NOATH FT. HARRISON AVE, W. H. WOLFE JOHN R, BONNER ELWOOO HOGAN, JR.. JOSEPH G, DONAHEY. JR. CL.EARWATER. FLORIDA 33515 PHONE 446-3024 October 14, 1966 RICHARD L STEWART Mr. James Stewart City Manager City of Clearwater Clearwater, Florida Re. Colonv Marina Restaurant, Inc. Dear Mr. Stewart: confirming our recent telephone conversation, this is to advise that we have the corporate minute book of Colony Marina Restaurant, Inc. in our office and that according to the minutes of such corporation as reflected therein, there are the following officers of such corporation: Charles E. Browning Sylvia B. Udell Louise Browning President Vice President Secretary-Treasurer Mr. James M. Poindexter no longer owns any stock in said corporation, nor does he hold any office in the corporation as of this date according to the minutes of the corporation. I trust that this is the information which you requested, but if there is anything further you need, please do not hesitate to call upon me. With kindest personal regards. Very truly yours, WOL~ & HOGAN C:~~B:nner ---.'i:t,..." JRB/L