THIRTY YEAR LEASE AGREEMENT
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LEASE AGREEMENT
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THIS LEASE AGREEMENT is made and entered into this l D day of _~Io.0--- , 1999, by
and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor", and
FOUNDATION VILLAGE NEIGHBORHOOD FAMILY CENTER, INC., herein called the "Lessee".
This agreement represents the whole and entire agreement between Lessor and Lessee and the
following articles and sections are herein incorporated:
WITNESSETH:
WHEREAS, the Lessor has ownership of and control over the use of that real property and improvements
described in Exhibit "A"; and
WHEREAS, Lessee desires to use such premises for public purposes; and
WHEREAS, Lessor desires to lease out such premises;
NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this
Agreement, the Lessor and Lessee hereby agree as follows:
ARTICLE I. TITLE
The title of this lease is the Foundation Village Neighborhood Family Center.
ARTICLE II. TERM
The term of this lease shall be for a period of thirty (30) years commencing on the .f:..day of December,
1999 (Commencement Date) and continuing through the 30th day of November, 2029 (Termination Date),
unless earlier terminated under the terms of this agreement.
ARTICLE III, LEASEHOLD
The Lessor leases to the Lessee that real property and improvements described in Exhibit "A".
ARTICLE IV. RIGHTS AND RESPONSIBILITIES
Section 1. Use of Premises.
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a. Lessee agrees to operate the Foundation Village Neighborhood Family Center on the real property
subject to the terms and conditions of this agreement. Lessee further agrees that this agreement is subject 0
Lessor operating a police substation on the premises.
b. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises.
At the termination of this lease, Lessee agrees to return the premises and the improvements to the Lessor in as
good condition as at the effective date of this agreement, subject only to normal wear and tear.
Section 2. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly
condition. Lessee agrees that the cost of Common Area Maintenance shall be split 72% by Lessee and 28% by
Lessor.
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Section 3. Repairs and Improvements.
a. Lessee may make whatever repairs, alterations and improvements to the premises it deems
necessary, providing that the City Manager of Lessor first agrees in writing to any such actions to repair, alter or
improve the premises. If the property's physical condition falls into a state of disrepair that it shall be deemed an
"unsafe structure" in the opinion of the City Building Official, the Lessor may terminate this Agreement upon
fifteen (15) days written notice.
b. Repairs, alterations or improvements attached to the premises shall become the property of Lessor
upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor.
c. In no event shall Lessor or any of Lessor's property be liable for or chargeable with any expense or
lien for work, labor or materials used in the premises, or any improvements, repairs, or alterations thereof,
contracted for or ordered by the Lessee.
Section 4. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become
delinquent during the time it has possession of the property.
Section 5. Quiet Eniovment Upon payment 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 hindrance or interruption by the Lessor.
ARTICLE V. LEASE RENTAL PAYMENTS AND FEES
For the sum of One Dollar ($1.00), which the receipt and sufficiency of which is hereby acknowledged,
and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee
accepts from Lessor, this exclusive lease, right and privilege to use the property described herein.
ARTICLE VI. TAXES
Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the
leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the
parties.
ARTICLE VII. INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries
to persons or damage to property which may arise from or in connection with this lease.
Section 1. Minimum Scope of Insurance. A Comprehensive General Liability policy and Fire Insurance policy
covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force
by the Lessee.
Section 2. Minimum Limits of Insurance. Comprehensive General Liability Insurance procured in accordance
with this article shall have minimum coverage limits of $200,000 with respect to personal injury or death arising
out of anyone (1) occurrence; and $100,000 with respect to property damage arising out of anyone (1)
occurrence. Further, Lessee shall, from and after the Commencement Date, keep insured the building(s) upon
the premises against loss or damage by fire and windstorm and other covered casualties with what is generally
termed in the insurance trade as "extended coverage." Said insurance shall be maintained in an amount equal to
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the full insurable value of the building(s). All such policies shall be carried in companies licensed to do business
in the State of Florida.
Section 3. Additional Named Insured. Each insurance policy issued as a requirement of this agreement shall
name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special
limitations on the scope of the protection afforded to the Lessor, its officials, employees or volunteers.
Section 4. Verification of Coveraae. Lessee shall furnish the Lessor with Certificates of Insurance with all
endorsements affecting coverage required by this article. These forms shall be received by the City of
Clearwater Risk Manager.
ARTICLE VIII. CASUALTY DAMAGE TO PREMISES
Section 1. Repairable Damaae. Any time the building or premises is damaged or destroyed to the extent that
the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be
restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction of
the City's Building Official.
Section 2. Catastrophic Damaae. In the event of total destruction of or catastrophic damage to the demised
premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days
written notice to the other party to this lease.
Section 3. Waiver of Recovery Riahts. Both parties waive any and all rights of recovery against the other
party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in
Sections 1 and 2 above which is covered by insurance.
ARTICLE IX. LIABILITY AND INDEMNIFICATION
Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify,
and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and
damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing,
death of any person and loss of the use of any property except arising from the negligence or willful misconduct
of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed
to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved
or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in
or about the Premises whether or not based on negligence. Nothing herein shall constitute a waiver by Lessor of
its sovereign immunity and the limitations set forth in S 768.28 of the Florida Statutes.
ARTICLE X. AMERICANS WITH DISABILITIES ACT
Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to
comply with the Americans With Disabilities Act of 1990 (known as the "ADA"). These would include
modifications to the structure, revisions in operations and supporting communications capabilities and procedures
and changes in functional location and layout.
ARTICLE XI. NON-DISCRIMINATION
Notwithstanding any other provision of this lease agreement, during the performance of this agreement,
Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for
this agreement, does covenant and agree that:
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Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of,
or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex,
handicap, age, or national origin.
Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises,
and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to
discrimination on the grounds of race, color, religion, sex or national origin.
ARTICLE XII. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be
changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees
that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a
duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability
and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account
of anything affecting such conditions.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by
Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood
and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder.
ARTICLE XIV. DEFAULT AND TERMINATION
Section 1. Termination bv Lessor. This Agreement shall be subject to termination by the Lessor in the event
of anyone or more of the following events:
a. The material default by Lessee in the performance of any of the terms, covenants or conditions of this
Lease Agreement, other than nonpayment, and in the failure of the Lessee to remedy, or undertake to remedy, to
Lessor's satisfaction such default after receipt of notice from Lessor to remedy same.
b. The Lessor determines at a duly constituted City Commission meeting that the building or property
(said premises) is needed for any municipal purposes, and serves Lessee with thirty (30) days notice of such
intended use.
c. Lessor determines that the premises are so extensively damaged by some casualty that it is
impractical or inequitable to repair such leased premises.
d. Lessee's vacating or abandoning the premises.
Section 2. Exercise. Exercise of the rights of termination set forth above shall be by written notice.
Forbearance of timely notice shall not be deemed a waiver of any breach.
Section 3. Removal of Property. Upon termination of this agreement for any reason, Lessee, at its sole
expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and
materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect
such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days.
Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice.
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Section 4. Causes of Breach and Waiver.
The waiver of any breach, violation or default in or with respect to the performance or observance of the
covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach,
violation or default in or with respect to the same or any other covenant or condition hereof.
ARTICLE xv. ENVIRONMENTAL MATTERS
Section 1. No Warranties Bv Lessor. Lessor has made an investigation of the environmental matters with
respect to the unplatted M&B easterly 1 QQ' by 1 QQ' portion which has revealed environmental exceptions. Lessor
agrees to correct these exceptions and guarantee and warrant these corrective actions as satisfying and
complying with applicable environmental laws.
Section 2. Lessor Held Harmless. With respect to that portion of the parcel known as Lot 2 of Foundation
Oaks Subdivision, Lessee agrees to indemnify, defend and hold Lessor, its officials, employees and agents
harmless from any claims, judgments, damages, fines, penalties, costs, liabilities (including sums paid in
settlement of claims) or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or
after the term or any renewal term in connection with the presence or suspected presence of toxic or hazardous
substances on or within the property improvements, the soil, groundwater, or soil vapor on or under the
Premises, unless such toxic or hazardous substances are present solely as a result of the negligence or willful
misconduct of Lessor, its officials, employees or agents. Without limiting the generality of the foregoing, this
indemnification shall also specifically cover costs in connection with:
a. toxic or hazardous substances present or suspected to be present on or within the property
improvements, the soil, groundwater or soil vapor on or under the Premises before the date hereof; or
b. toxic or hazardous substances that migrate, flow, percolate, diffuse or in any way move into, onto or
under the Premises after the date hereof; or
c. toxic or hazardous substances present within, on or under the Premises as a result of any discharge,
dumping, spilling (accidental or otherwise) onto the Premises during or after the term or any renewal term by any
person or entity.
Lessor shall be responsible for the same considerations with respect to the unplatted M&B easterly 1 QQ'
by 1 QQ' portion to the Lessee.
ARTICLE XVI. LESSOR CONTACT AND CORRESPONDENT
All correspondence, excepting official Notice as provided in Article XVII, including but not limited to rent
payments, insurance renewal certificates, any and all proposed amendments or modifications of this lease shall
be directed by Lessee, its agents, contractors or assigns to:
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
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ARTICLE XVII. 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:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758-4748
2. If to the Lessee, addressed to:
Judy Walker
Executive Director
Foundation Village Neighborhood Family Center, Inc.
910 Woodlawn Street
Suite 402
Clearwater, Florida 33756
ARTICLE XVIII. ATTORNEYS FEES
In the event that either party seeks to enforce this agreement or to interpret any provision of this
agreement, by law or through attorneys-at-law, or under advice therefrom, the parties agree that each party shall
bear its own costs, including attorneys fees.
ARTICLE XIX. EFFECTIVE DATE
The effective date of this lease shall be on the date first above written.
FOUNDATION VILLAGE NEIGHBORHOOD FAMILY CENTER, INC.
BY:Cl,>-~~ tu~
Jud~lke~'" G W\W-1wtr.L )
Its: Executive Director
CITY 0 CLEARWATER
By:
Micn eIJ., Rcili~r:tA,. Qi~y Manager
Approved as to form:
~~
o n Carassas, Assistant City Attorney
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EXHIBIT "A"
PARCEL 1:
Lot 2, FOUNDATION OAKS, according to the plat thereof, recorded in Plat Book 118, Page 85 of the Public
Records of Pinellas County, Florida. .
PARCEL 2:
The. South 100 feet of the East 100 feet of the following described tract of land:
From the Southeast corner of the NW % of the SW % of Section 22. Township 29 South, Range 15 East.
Pinellas County, Florida; run thence N. 00022'56" West, along the East boundary thereof 30.00 feet; thence
North 89011'46" West, 30.00 feet to the Point of Beginning. Also being the North right-of-way line of
Woodlawn Street and the West right-of-way line of Greenwood Avenue; thence continue North 89011 '46"
West, 208.71 feet along said North right-of-way line of Woodlawn Street; thence North 00022'56" West, 208.71
feet; thence South 89011'46" East, 208.71 feet to the West right-of-way line of said Greenwood Avenue;
thence South 00022'56" East, 208.71 feet along said West right-of-way line to the Point of Beginning.
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