THREE YEAR COMMERCIAL LEASE
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COMMERCIAL LEASE
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This lease is made between DAY STAR PROPERTIES, INC. (2265 Lagoon Drive, Dunedin, FL
34698), herein called Lessor, and THE CITY OF CLEARWATER (P.O. Box 4748, Clearwater, FL
34616), herein called Lessee. Lessee hereby offers to lease from Lessor the premises situated in
the City of Clearwater, County of Pinellas, State of Florida, described as 1217 N. Fort Harrison
Avenue, # A, upon the foUowing 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 term of this lease. All rental
payments shall be made to Lessor, 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
shall 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 shall permit Lessor or Lessor's agents to enter upon the
premises 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 Let" 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 shall
this lease be void or voidable, but Lessee shall not be liable for any rent until possession is
delivered. 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 title 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
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not be entitled to anJltart of the award for such taking or a'payment in lieu thereof, but
Lessee may file a claim for any taking of fixtures and improvements 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 THIRlY 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 THIRlY 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. Failure 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.
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, 16. Heirs, Assigns, suclors. This lease is binding upon anAures to the benefit of the
heirs assigns and successors in interest to the parties.
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17. Option to Renew. Provided that Lessee is not in default in the performance of this lease,
Lessee shall have the option to renew the lease for an additional term, to be negotiated,
commencing at the expiration of the initial lease term. All of the terms and conditions of
the lease shall apply during the renewal term except that the monthly rent shall be
negotiated. The option shall be exercised by written notice given to Lessor not less them
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
encumbrances 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.
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Signed this.l<,f day of ~
,1996.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ~~~--
Elizabeth M. ptula, ity Manager
Approved as to form and
legal sufficiency:
Attest:
C-AAA~'-' z. ~ ~~
CynthiaE1~-:.d~ ~
City Clerk
DAY STAR PROPERTIES, INC.
By:
JTvl i a
r t~ .
~. LA~QJ~-
, Secretary
R,B, tEi'U-~. V StJ~ Jt..)~
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