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ASSIGNMENT OF LEASE TO RSGN INC '\': .. I I ASSIGNMENT AND ASSUMPTION OF COMMERCIAL LEASE Julian S. Weiss" Robert D. Veurink, and Stanley V. Urbanik, d/b/a Day Star Properties, Inc. ("Assignor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it paid by RSGN, Inc. ("Assignee"), receipt of which is hereby acknowledged, do hereby assign, transfer, and set over onto Assignee all of Assignor's rights, title, interest, and obligations as lessor in and to the commercial lease dated September 24, 1996 between Assignor and the City of Clearwater for the premises situated in the City of Clearwater, County of Pinellas, State of Florida, described as 1217 North Fort Harrison Avenue, #A. Assignee hereby accepts the assignment and assumes the performance of all of the covenants, terms, conditions, and obligations described in the commercial lease, which is annexed hereto and made a part hereof as Exhibit A. This assignment and assumption of lease shall inure to the benefit of and shall be binding upon the parties hereto, their successors, transferees, and assigns. IN WITNESS WHEREOF, Assignor and Assignee have caused this assig'.J.!]l.ent and assumption of lease to be duly executed as of the liP day of -::Jtl-rwn^l ' 1997. JULIAN S. WEISS, ROBERT D. VEURINK, STANLEY V. URBANIK D/B/A DAY STAR PROPERTIES, INC. Uh~~ '.,7 ~, i I' 1/.) (,> / i ' I I STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this I~ day of ::::ra;,.,O;f, , 1997, before the subscriber, a notary public, in and for the jurisdiction a oresald, personally appeared Julian S. Weiss, who is: ~perSOnallY known to me, or o produced the following identification: (type of identification) and who executed the foregoing ASSIGNMENT AND ASSUMPTION OF LEASE for the purposes herein contained. ~ ::J MJvi(~ Seal/Stamp of Notary Public :\."", ""~ ~.~.('''' X-i f' -'--tie C II\IhiIIICre * ~ * My CommlSSlOI1 CC596301 . -;.., .:. Expns October 27 2000 ('. LV he fa c n!..,~ DF fl.,..~ STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this lie day of::r-~ (y.. , 1997, before the subscriber, a notary public, in and for the jurisdictio~ aforesaid, personally appeared Robert D. Veurink, who is: ~ersonally known to me, or o produced the following identification: (type of identification) and who executed the foregoing ASSIGNMENT AND ASSUMPTION OF LEASE for the purposes herein contained. ::) ~1k. C.lUhtf~lr<- tI' ".~ ;:6 10 Junette C W'Iilaa'e *Ji1* My CommIMIOIl CC596301 lllo. . :. Exp~e. October 27 2000 'It ~ ~fF F\.'~ I I Seal/Stamp of Notary Public STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this {to day of ~a~ ,1997, before the subscriber, a notary public, in and for the jurisdiction aforesaid, personally appeared Stanley V. Urbanik, who is: la. personally known to me, or o produced the following identification: (type of identification) and who executed the foregoing ASSIGNMENT AND ASSUMPTION OF LEASE for the purposes herein contained. eJiaM-#e. C. Luhl+aU-L Seal/Stamp of Notary Public :\.....' "II~ .,- :& ('10 Jeanette C \/IIMaa'II *U* My Comml8.1OIl CC596301 ., ~ Expires October 27 2000 ~ ~ 'e 2r \\.~~ ~SGN' INC. /I ()JJ s~anik' President "" ~ I ~)'kSQ \ obert D. Veurink, Secretary Corporate Seal: -- -'" . . - -: ':".-.- '-,~. . "-.~ .-. . .~_. I I STATE OF FLORIDA COUNTY OF PINELLAS ~ I HEREBY CERTIFY, that on this (r, day of O~~ ' 1997, before the subscriber, a notary public, in and for the jurisdiction foresald personally appeared Stanley V. Urbanik and Robert D. Veurink, who acknowledged themselves to be the president and secretary of RSGN, Inc., a Florida Corporation, and acknowledged that they executed the foregoing ASSIGNMENT AND ASSUMPTION OF LEASE for the purposes herein contained by signing the name of the corporation by themselves as such officers. ~.uflk.>> ~uri of Notary Public -1.....-;::..'10 JeanelteCWMacre . *. W* My CommlsslOIl CC596301 . ~ exp".' October 27 2000 ....... ". ~ O.faN.;/le.. C. t..tA1l kcr<.. .~",,~ ,\.~~ Seal/Stamp of Notary Public ~~--=-....:s..=--~::-.a. ~ or . . r . ~.. ~ COMMERCIAL lEASE Ie ThIs lease Is made between DAY STAR PROP'ERTlES, INC. (2265 Lagoon Drive, Dunedin, FL 34698), herein caned Lessor, and THE CITY OF CLEARWA TER (P.O. Box 4148, Clearwater, FL 34616), herein caRed Lessee. Lessee hereby offers to lease from Lessor the premises situated In the City of Clearwater, County of Plnenas, State of Florida, described as 1211 N. Fort Harrison Avenue, #A, upon the foUowlng TERMS and CONDITIONS: 1. Term and Rent Lessor demises the above premises for a term of THREE years, commencing October 1, 1996 and terminating on September 30, 1999 or sooner as provided herein at the annual rental of Six Thousand, Six Hundred Dollars ($6,600.00), payable in equal installments of Five Hundred and Fifty Dollars ($550.00) in advance on the first day of each month for that month's rental, during the tenn of this lease. All rental payments shall be made to Letsor, at the address specified herein. 2. Use. Lessee shall use and occupy the premises as a police/fire substation. The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose. 3. Care and maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessor shall be responsible for all repairs, including but not limited to the roof, exterior walls, and structural foundations. 4. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void; and, at the Lessor's option, Lessor may terminate this lease. 5. Utilities. All applications and connections for necessary utility services on the premises shan be made in the name of Lessee only. Lessor shall be responsible for the cost of water, sewer, and garbage services. Lessee shall be liable for the cost of electricity and telephone services. 6. Entry and Inspection. Lessee shaD permit Lessor or Lessor's agents to enter upon the p[8fflises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Ler or -For Lease- signs, and permit persons desiring to lease the same to inspect the premises thereafter. 7. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby nor shaD this lease be void or voidable, but Lessee shall not be liable for any rent until possession is derlVered. Lessee may terminate this lease if possession is not delivered within TEN days of the commencement of the term hereof. 8. eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building mat~rially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when tiUe vests pursuant of such . taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. 'Lessee shall . , EXHIBIT A ^ . .' t. .~ not be entiUed to al/9art of the award for such taking or "~ayment In Ueu thereof, but Lessee may file a clim for any taking of fixtures and Improflaments owned by Lessee, and for moving expenses. 9. Destruction of Premises. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall Interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing In effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the premises may be situated Is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the premises be injured or not A total destruction of the building in which the premises may be situated shall terminate this lease. 10. Lessor's Remedies on Default If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default; and if Lessee does not cure any such default within FIFTEEN days after the giving of such notice (or if such other default Is of such nature that it cannot be completely cured within such period and if Lessee does not commence such curing within THIRTY days and thereafter proceed with reasonable . diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than THIRTY days notice to Lessee. On the date specified in such notice, the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. 11. Security Deposit Lessee shall deposit with Lessor on the signing of this lease of sum of Five Hundred and Fifty Dollars ($550.00) as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. 12. Taxes, Common Area MaIntenance, and Insurance. Lessor shall be responsible for all taxes, common area maintenance, and insurance for the premises. 13. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any breach of any of the provisions herein, the prevailing party shall be entitled to recover attorney's fees and costs. 14. Waiver. FaDure of Lessor to enforce any term hereof shall be deemed to be a waiver. 15. Notices. Any notice which either party mayor is required to give. shall be given by mailing the same. postage prepaid. to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to time. 2 16. HeIrs, AnIgns, Succlnors. This lease II binding upon antlruel to the benefit of the heirs assigns and .uc:cl.ssoraln Interest to the partie.. 17. Option to Renew. Provided that Lessee Is not In default in the performance of this lease, Lessee shal have the option to renew the lease for an additional term, to be negotiated, commencing at the expiration of the Initial lease term. AI of the term. and conditions of the lease shaD apply during the renewal tenn except that the monthly rent shaH be negotiated. The option shall be exercised by written notice given to Lessor not less than THIRTY days prior to the expiration of the Initial lease term. 18. Subordination, This lease Is and shall be subordinated to all existing and future liens and encumbrancell against the property. 19. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. ........ Signedthis.llf day of ~ ,19ge. Countersigned: CITY OF CLEARWATER, FLORIDA By: ~.~-J Elizabeth M. ptula, ity Manager Approved as to form and legal sufficiency: Attest Osu :_~. ~ ~~'_ Cynthia~ City Clerk DAY STAR PROPERTIES, INC. By: J'\.~l i a R...w~~ C:1 . Seaetary R,B.~~. VSo~J\.)~