LEASE AGREEMENT FOR STORAGE FACILITY (2)
LEASE
THIS LEASE, made and entered into this lIP- day of ~ ,20 ,,~
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,
hereinafter called "Premises".
2. Term. The term ofthis Lease shall be one (1) year beginning on January 1,2003 and
terminate at midnight on December 31, 2003.
3. Rent. The Lessee shall pay to Lessor on the date of the execution of this Lease, the sum
of Twenty-three thousand Four Hundred dollars ($23,400.00 ), which amount shall be the total
sum of one year's prepaid rent based on a monthly rental payment of$ 1950.00, 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 ofthe Lessor.
Lessee agrees immediately upon completion of any alteration or improvement to furnish the Lessor
with an affidavit showing thatall 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 ofthe 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. Any required replacement of
systems shall be at the discretion of the Lessor.
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 llntil 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 and provide proofthereof
to the Lessor, however, Lessee shall hold Lessor harmless for injury and liability as a result of
Lessee's occupancy.
9. Subletting. 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 ofthis Lease.
1 O.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 2002. Increases in real estate taxes and/or
assessments over and above the November amount of the 2002 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. Quiet 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
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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. Si2ns. 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 ofthe
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 ofthe Lease, the Lessor shall have the option to treat it as abandoned property, and
in such case, it shall become the property ofthe Lessor without payment or offset therefore, or said
Lessor may have the property removed from the Premises and store them at the Lessee's risk and
expense. Lessee agrees 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 ofthe 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 ofthe original term ofthe 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. If Lessee fails its option to extend this lease, Lessor shall have the right during the
last sixty (60) days of this lease term to post rental signs at the property and show the property to
prospective tenants upon reasonable notice to Lessee and during normal business hours.
22. Exercisin2 Ri2ht. Failure of Landlord to exercise any right or option granted to them
hereunder, shall not constitute a waiver of that right or any other right to exercise the same in the
event of a subsequent occasion or default.
23. Entire A2reement. 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
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have executed this and two other original instrument of identical tenor and date, on the day and year
first above written.
Signed, sealed and delivered
:::~SO~~ ,~
~lLd~
By: <~~~
Ru Goodwin -
S~~b~
.r!.o;<
LESSEE:
City of Clearwater, Florida,
a Municipal C ration
By
Officer
7:
STATE OF FLORIDA
COUNTY OF PINELLAS ~
I HEREBY CERTIFY that on this A!> day of Q:!.-lZ> ~'IA!..., 2002, 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.
#''6'' Cynthia Y Cox
*1r*Mv Commission CCH<1
,.".~ ExpIres May 31. 200:,
n._~
WITNESS my hand and official seal the day a
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY C_ER~IFY that on this 17 day of ~w, 2002, before
me personally appeared."U )J~;3. ~ 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 ~~,~and and of~cial ~eal t.h, e. day ",year ~rst ab~ave ill)"'1 (J. ~., \
,.~'1)'.y.r~~. '. Denise A. WJlson ~ ~WLJ(~Jf(J'l,_J
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