LEASE AGREEMENT FOR STORAGE FACILITY
I,'
LEASE
THIS LEASE, made and entered into this /td- day of ~ ,2001,
between Reid Goodwin and Ruth Goodwin, his wife, hereinafter called "Lessor", and City of
Clearwater, a Florida Municipal Corporation, hereinafter called "Lessee".
WITNESSETH:
THAT, for and in consideration of valuable considerations, each from the other received,
the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as
follows:
1. Premises. Lessor hereby grants, demises and leases unto Lessee and Lessee does take
from Lessor certain improved property known as 601 N. Myrtle Avenue, Clearwater, Florida,
more particularly described as Exhibit "A", attached hereto and by reference made a part hereof,
hereinafter called "Premises".
2. Term. The term of this Lease shall be one (1) year beginning on January 1,2002.
3. Rent. The Lessee shall pay to Lessor on the date of the execution of this Lease, the
sum of Twenty three thousand nine hundred Dollars ($23,900.00), which amount shall be the
total sum of one year's prepaid rent based on a monthly rental payment of $1,950.00, without
sales tax, contingent upon the Lessee being exempt from the payment of sales tax in the State of
Florida.
4. Use of Premises. Lessee hereby covenants that the Premises and all buildings and
improvements thereon shall, during the term of this Lease, be used only and exclusively for
lawful and moral purposes, and no part of the Premises or improvements thereon shall be used in
any manner whatsoever for any purposes in violation of the laws of the United States, the State
of Florida, or any County or City ordinances and laws.
5. Improvements by Lessee. No alteration, addition or improvement shall be made
without the written consent of the Lessor, which consent shall not be unreasonably withheld.
Any alteration, addition or improvement made by the Lessee after consent has been given and
any fixtures installed as part thereof shall, at the option of the Lessor, become the property of the
Lessor. Lessee agrees immediately upon completion of any alteration or improvement to furnish
the Lessor with an affidavit showing that all bills and expenses for said alterations or
improvements have been paid in full and the Lessee hereby agrees to hold the Lessor harmless
from any liability arising therefrom. It is specifically understood that any improvements
mentioned herein are not being required by the terms of this Lease, and by granting to other
Lessee the right to make improvements, the Lessor is in no way agreeing to create any lien rights
for any subcontractors which the tenant may desire to hire. Lessee shall be responsible for any
improvement required by the City or any other governmental agency.
6. Repairs. Lessor shall keep the roof, foundation, exterior and supporting walls and
other structural portions of building now located on the Premises and of the improvements
contemplated herein and all underground plumbing in good repair and condition. Lessee shall
keep the interior of the Premises in good repair, including all interior painting, floor
maintenance, repair of all hardware, trade fixtures, water, plumbing, heating, air-conditioning,
sewer and electrical systems and fixtures, and shall replace all interior and exterior damaged
glass if applicable.
7. Fire or Other Casualty.
(A) In the event of destruction of the Premises by fire or other casualty,
Lessor shall repair and restore the Premises as expeditiously as practicable, to the extent that the
cost of such repair does not exceed the proceeds from Fire and Extended Coverage Insurance.
During any period of destruction and until the Premises have been repaired and restored, there
shall be an abatement of the rent proportionate to the part of the building rendered unsuitable for
Lessee's business.
(B) In the event the Premises shall be damaged by fire or other casualty
within six (6) months prior to the termination date of this Lease or any extension thereof, to such
an extent that it would reasonable require more than thirty (30) days to repair or restore, Lessee
shall have the right and option to forthwith cancel this Lease, but in such event any insurance
payable as a result of such damage shall be paid to Lessor.
8. Insurance. Lessee agrees to obtain and maintain, at its expense, fire and extended
coverage insurance in amounts equal to the maximum replacement value; however, Lessee shall
hold Lessor harmless for injury and liability as a result of Lessee's occupancy.
9. Sublettin~. Lessee shall not assign or sublet the Premises without the written consent
of Lessor, which consent shall not be unreasonably withheld, and in the event such a consent is
given to sublet or assign, Lessee shall at all times remain liable for the performance of the terms
of this Lease.
10. Cost of Collection. Lessee agrees to pay all costs of collection, including reasonable
attorney's fees, if all or any part of the rent reserved herein is collected after maturity with the aid
of any attorney; the prevailing party agrees to pay a reasonable attorney's fee in the event it
becomes necessary for either party to employ an attorney to force the other party to comply with
any of the covenants, obligations or conditions imposed by this Lease.
11. Taxes. Lessor shall pay 100% of all real estate taxes and special assessments levied
against the Premises based on the tax bill for the year 2001. Increases in real estate taxes and/or
assessments over and above the November amount of the 2001 tax and/or assessments shall be
paid by the Lessee. The Lessee shall pay any Florida Sales Tax levied against the rent payments
made to Lessor as provided for herein, if such a sales tax is required, or if not, Lessee shall
supply to Lessor proof of the lack of obligation to pay said sales tax.
12. Renewal. No renewal, modification, or extension ofthis Lease is binding unless it is
in writing and signed by both Lessor and Lessee, and in the event no renewal is entered into,
Lessee shall remain on a month-to-month basis on the same terms and conditions subject to
cancellation by either party by one month's written notice.
13. Utilities. Lessee shall pay all heat, water, electric, gas and other utilities used by
Lessee at the Premises.
14. Ouiet Possession. Lessor hereby covenants that if Lessee shall keep and perform all
of the covenants of this Lease on the part of the Lessee to be performed, Lessor will give to the
Lessee the quiet, peaceful, and uninterrupted possession of said Premises.
15. Protection from Violations. Lessee covenants to save and hold the Lessor harmless
from any damages. loss or expense resulting from the negligent, unlawful or willful acts or
omissions of Lessee's employees, representatives, patrons or visitors or from Lessee's failure to
perform any obligation impose upon it by law or by the provisions of this Lease.
16. Default. In the event Lessee shall fail within thirty (30) days after receipt of
demand from Lessor to perform or observe any of the obligations herein made or assumed by
Lessee, then in said event, this Lease may be forfeited and become null and void at the option of
the Lessor, and Lessor may immediately, or at any time after said default, re-enter the Premises
and repossess same and have the same as Lessor's former estate and remove therefrom all goods
and chattels not thereto properly belonging and expel said Lessee and all other persons who may
be in possession of said Premises.
No default hereunder by Lessee shall become effective or entitle Lessor to take
any action on account thereof until after the expiration of fifteen (15) days from the date of
mailing of a registered notice by Lessor to Lessee as provided for in paragraph 20 hereof, which
said notice shall specify the default complained' of and the action to be taken in consequence
thereof. If Lessee shall have begun to cure such default during such fifteen (15) days, no right
of Lessor in consequence of such default shall exist.
17. Si~ns. Lessee shall have the right to place reasonable signs upon the sides of the
building on the Premises and shall also have the right to erect such other signs on the grounds of
the Premises as it may desire, subject to any applicable governmental laws, ordinances and other
regulations; however, all signs shall be approved by Lessor prior to their erection.
18. Surrender upon Expiration. Lessee shall, upon the expiration or sooner
termination of the Lease, surrender to the Lessor the leased property, including all buildings,
improvements, additions or alterations constructed or placed thereon by the Lessee, and all
fixtures, except moveable trade fixtures. Said property shall be in good condition and repair and
shall be cleaned by the Lessee. If any fixtures or personal property belonging to the Lessee shall
remain on the Premises at the termination of the Lease, the Lessor shall have the option to treat it
as abandoned property, and in such case, it shall become the property of the Lessor without
payment or offset therefore, or said Lessor may have the property removed from the Premises
and store them t the Lessee's risk and expense. Lessee agree to restore and repair and hold
Lessor harmless for all damage which may be incurred in removing Lessee's property from the
Premises.
19. Claims. Except for claims arising out of acts caused by the affirmative negligence
of the Lessor, the Lessee hereby agrees to indemnify and defend the Lessor and the leased
property at Lessee's expense against all claims and liabilities arising from any act or negligence
of the Lessee, his agents, assigns, contractors, employees or licenses.
20. Notices. All notices require to be given hereunder to Lessee shall be sufficient only
if forwarded by registered or certified mail, return receipt requested, to Lessee at Premises.
21. Option Period. The Lessee, upon written notice at least three months prior to the
expiration of the original term of the lease, shall have the option to extend the lease for an
additional period of one year based upon the rental amount and terms and conditions mutually
agreeable to both parties hereto.
22. Entire A~reement. It is expressly understood and agreed by and between the
parties hereto that this Lease and any riders attached hereto forming a part hereof set forth all of
the promises, agreements, conditions and understandings, either oral or written, between them,
and that there are no other than are herein set forth. It is further understood and agreed that no
subsequent alteration, amendment, change or addition to this Lease shall be binding upon Lessor
or Lessee unless reduced to writing.
IN WITNESS WHEREOF, the above-named Lessor and the above-named
Lessee have executed this and two other original instrument of identical tenor and date, on the
day an first above written.
Signe d delivered
~
.Eu<
LESSO
By:
Reid ood In
BY:~~
R th Goodwin
...
~MLBy:
Offi
liam B. Horne II
City Manager
STATE OF FLORIDA
COUNTY OF PINEL LAS ~ ~
I HEREBY CERTIFY that on this \ ~ day of.LJ ~&f2-rtoo 1,
before me personally appeared Reid Goodwin and Ruth Goodwin, his wife, as Lessor, to me
well known and known to me to be the persons described in and who executed the foregoing
Lease, and acknowledged before me that they executed said Lease for the purposes therein
expressed.
WITNESS my hand and official seal the day d y,ear fir above
~''6'' Cynthia Y Cox
*~*My CommisIion CC841M~
~.:!'; ExpIres May 31. 2003
My Commission Expires:
'tt~n.~x
STATE OF FLORIDA
COUNTY OF PINEL LAS
I HEREBY CERTIFY that on this /7"'-- day of fJet:>R/"hu~ 2001,
before me personally appeared (;' ~~ J ,?!f.~bc'-('I( , a officer Of City of Clearwater,
Florida,
a Municipal Corporation, as Lessee, to me known and known to me to be the persons
described in and who executed the foregoing Lease, and acknowledged before me that they
executed said Lease for the purposes therein expressed.
WITNESS my hand and official seal the day and year first ab~ve ~tten.
~~li~ d"' DY.'d'hO
My Commission Expires: L t.. k /i c- -.J - 6 (.~ tl& ~>
,~-q*V:f~;;:'... laura 1 Burgess
N"~'~'f.*~ MY COMM!SS:~N # e062258 EXPIRES
;'1;~~0::- Octcoer 29, 2002
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Parks and Recreation Department
Interoffice Correspondence Sheet
TO:
John Carassas, Assistant City Attorney
RECE\VED
nEe \ ~ 2001
C\TY ATTORNEY
FROM:
Terry Schmidt, Event Producer
CC: Jane Hayman, Assistant City Attorney
Art Kader, Assistant Director of Parks & Recreation
SUBJECT: Lease Agreement for Storage Facility
DATE: December 14,2001
Per your interoffice memo dated 12/13/01 referencing the lease agreement for Goodwin.
You have asked our department to provide the following: Attach Exhibit "A", describing the
premises and prepare a cover memorandum with explanation of the purpose, term and
cost of the lease.
The purpose of this lease is to replace an existing storage at 900 Pierce Street which is
scheduled for demolition as of 12/15/01. The term of the lease is for one year, with a cost
of $1 ,950.00 a month, for a total of $23,400.00 annually.
I have four quotes as follows:
601 N. Myrtle Avenue, phone: 791-0351
108 N. Myrtle Avenue, phone: 418-2820
807-C Court Street, phone: 447-1486
404 Greenwood Avenue, phone: 466-6697
$4.21 sq. ft.
$6.00 sq. ft.
$5.25 sq. ft.
$4.50 sq. ft.
I have enclosed Exhibit "A" for the property at 601 N. Myrtle Avenue.
Please contact myself or Art Kader if we can be of further assistance.
TS/ks