TEN YEAR LEASE AGREEMENT
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LEASE AGREEMENT
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THIS LEAS~GREEMENT is made and entered into this d?~r day
of ~rrh ~~ , 1994 (the "Lease Date"), by an e'tween
the FLORIDA )STATE COUNCIL PENTECOSTAL ASSEMBLIES, INC., a
corporq.tion sole organized and existing under the laws of the State
of Florida, herein called the "Lessor", and the CITY OF CLEARWATER,
FLORIDA, a Municipal Corporation organized and existing under the
laws of the State of Florida, herein called the "Lessee".
WIT N ESE T H:
WHEREAS, the Lessor has ownership of and control over the use
of real property and structures known as Christ Temple Church, 1304
North Greenwood Avenue, Clearwater, Florida 34615, and
WHEREAS, the Lessee desires to use a portion of such real
property for non-commercial public parking purposes, hereinafter
the "premises"; and
WHEREAS, Lessor desires to lease out such premises;
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NOW, THEREFORE, in consideration of the Premises and mutual
covenants contained in this Agreement, the Lessor and Lessee hereby
agree as follows:
SECTION ONE
DESCRIPTION OF PROPERTY
Lessor leases to Lessee the following portion of Lessor's
property located at 1304 North Greenwood Avenue, Clearwater,
Florida, the lease portion being as depicted in EXHIBIT "A"
attached hereto, and legally described as follows:
The East 36 feet of the North 50 feet of Lot 7, and the North
50 feet of Lot 8, LESS the east 5 feet, Block 3, C. E. JACKSON'S
SUBDIVISION, according to the plat thereof as recorded in Plat
Book 2, Page 96, Public Records of Hillsborough County, Florida,
of which PinellasCounty was formerly apart, for use by Lessee
as a unmetered public parking lot.
SECTION TWO
RENT/TERM
Lessee shall pay as annual rental to Lessor the sum of One
Thousand and---NO/lOO's---Dollars ($1,000.00), payable in advance
on the 1st day of the month succeeding the Lease Date, and like sum
annually upon the anniversary of this date each year thereafter for
a period of ten years.
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SECTION THREE
OPTION TO PURCHASE
Lessee shall have the option to purchase the real property of
Lessor as described in section One hereof at any time during the
first three years following the effective date of this lease. The
purchase price shall to be determined by appraisal performed for
Lessee, at Lessee expense, by a state certified real estate
appraiser. The appraisal shall conform to the Uniform Standards of
Professional Appraisal Practice (USPAP) as promulgated by the
Appraisal Foundation and adopted by the Appraisal Institute. If the
appraised value is not mutually agreeable between the parties,
Lessor, at Lessor option and expense, may obtain its own appraisal
in conformity with USPAP appraisal standards. The final value
determination shall then be the average valuation between the two
appraisals.
SECTION FOUR
USE OF PREMISES
Lessee shall use the demised premises in the development,
operation and maintenance of a non-commercial parking facility that
shall include properties adj acent to both the north and south
boundaries of the premises.
SECTION FIVE
QUIET ENJOYMENT
Upon payment of the rents herein required, and upon observing
and performing the covenants, terms and conditions required by the
lease, the Lessee shall peaceably and quietly hold and enjoy the
leased premises for the term of the lease without hinderance or
interruption by the Lessor.
SECTION SIX
SUBLEASE OR ASSIGNMENT
The leased premises shall not be sublet in whole or in part,
or this lease assigned or transferred, without the prior, express,
and written consent of the Lessor.
SECTION SEVEN
HOLD HARMLESS
Lessee shall not be legally liable for any negligence of the
Lessor, its servants, agents, employees, successors and assigns.
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SECTION EIGHT
GRANT OF EASEMENTS
During the lease term Lessor hereby gives, grants and conveys
to Lessee all easements for drainage of surface water, parking,
pedestrian and vehicular traffic, sidewalk, and utilities
installation and maintenance as may be required by Lessee for the
purposes of developing, solely at Lessee expense, a singular, non-
commercial parking facility that may incorporate the leased
premises. Any area of Lessor's property that may be affected in any
way by the construction acti vi ties of Lessee shall be promptly
repaired and restored to the same condition as existed prior to
construction.
SECTION NINE
DEFAULT AND TERMINATION
A. Termination by Lessor: This agreement shall be subject to
termination by Lessor 1) in the event of material default by Lessee
in the performance of any of the terms, covenants or conditions,
and in the failure of Lessee to remedy, or undertake to remedy, to
Lessor's commercially reasonable satisfaction such default for a
period of 30 days after receipt of notice from Lessor to remedy
same, or 2), in the event Lessee shall abandon or vacate the
premises.
B. Termination by Lessee: This agreement shall be subject to
termination by Lessee in the event of material default by Lessor in
the performance of any of the terms, covenants or conditions, and
in the failure of Lessor to remedy, or undertake to remedy, to
Lessee's commercially reasonable satisfaction such default f.or a
period of 30 days after receipt of notice from Lessee to remedy
same.
c. Exercise: Exercise of the rights of termination set forth
in this section shall be by notice to the other party. Forbearance
of timely notice shall not be deemed a waiver of any breach.
SECTION TEN
NOTICE
Any notice given by one party to the other in connection with
the Lease shall be sent by certified mail, return receipt
requested, with postage and fees prepaid:
1. If to the Lessor, addressed to:
Dr. Earl parchia
P~ntecostal Assemblies
of the World, Inc.
P. O. Box 68
Killarney, Florida 34740
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2. If to the Lessee, addressed to:
city Attorney
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
SECTION ELEVEN
GOVERNING LAW
It is agreed that this lease shall be governed by, construed,
and enforced in accordance with the laws of the state of Florida.
SECTION TWELVE
EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this lease will not and shall
be deemed to affect the validity of any other provision. In the
event that any provision of this lease is held to be invalid, the
parties agree that the remaining provisions shall be deemed to be
in full force and effect as if they had been executed by both
parties subsequent to the expungement of the invalid provision.
SECTION THIRTEEN
BINDING EFFECT
The rights and obligations under this lease shall inure to the
benefit of and shall be binding upon the successors and assigns of
Lessor and Lessee.
SECTION FOURTEEN
TIME OF THE ESSENCE
It is specifically declared and agreed that time is of the
essence of this lease.
SECTION FIFTEEN
COUNTERPARTS
This lease may be executed in any number of counterparts, each
of which shall be deemed to be an original, but all of which
together shall constitute but one and the same instrument.
SECTION SIXTEEN
ATTORNEY FEES
In the event either party hereto files an action to enforce
any covenant of this lease, or for breach of any covenant of this
lease, the party adjudged to be the defaulting party shall pay the
reasonable attorney fees, as fixed by the court, of the non-
defaulting party.
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SECTION SEVENTEEN
ENTIRE AGREEMENT
This lease contains all of the terms, conditions and covenants
binding the parties hereto. There shall be no other terms,
conditions, covenants or understandings, either written or oral,
binding upon the parties unless expressed herein in writing, or
subsequently add ended hereto by mutual agreement of the parties.
IN WITNESS WHEREOF, the undersigned parties have hereunto
affixed their hands and seals the day and year first above written.
WITNESSES as to Lessor:
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~ M ~
Eliz eth M. Deptula
~~erim City Manager
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. Attest:
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Cyn ia E. Goude'au-. ',_',
City Clerk/.
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