SIXTY-FIVE MONTHS LEASE
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THIS LEASE, dated this 'YQ day of ~ ' 1979 by and betVie en the
CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called the
Lessor, and WILLIAM F. GOODWIN, hereinafter called the Lessee;
WITNESSETH: That in consideration of the covenants herein contained of the
granting of this lease and of the sums paid and to be paid hereunder, the Lessor hereby
leases to the Lessee and the Lessee hereby leases from the Lessor according to the
terms, conditions and covenants herein contained, the following described premises
located in the City of Clearwater, Pinellas County, Florida to wit:
That part of Lots 12 and 13, CITY PARK SUBDIVISION, according to the
plat thereof recorded in Plat Book 23, Page 37, of the public records of
Pinellas County, Florida, described as follows: Begin at the Northwest
corner of Lot 13 and run Easterly along the North line of Lot 13, a distance
of 115 feet to a point, said point being the Point of Beginning; run Easterly
along the North line of Lots 12 and 13, a distance of 95 feet to a point;
thence, run Southerly along a line parallel to the East line of Lot 13, a
distance of 60 feet toa point; thence run Westerly a distance of 95 feet
along a line parallel to and 60 feet South of the North line of Lots 12 and
13 to a point; thence, run Northerly along a line parallel to the East line
of Lot 13, a distance of 60 feet to a point of beginning.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE AS
FOLLOWS:
1. The term of this lease shall be for a period of Sixty-five (65) months,
beginning on the 1st day of May, 1979 and ending on the 30th day of September, 1984.
2. The les see hereby covenants and agrees to pay rental therefor in the total
sum of $45,500.00, payable $700.00 in advance, receipt of which is hereby
acknowledged by the Lessor as a deposit for the faithful performance of the Lessee's
obligations hereunder, which deposit shall be credited to the prepayment of rental
hereunder, in the event of the faithful performance of the Lessee's obligations
hereunder; the balance shall be payable in equal monthly installments of $700.00 each,
payable in advance on or before the 1st day of each month during the term hereof,
commencing with the 1st day of May, 1979 to be payable until the total rental hereunder
has been paid in full. ,!he Lessor may deduct from the aforementioned deposit any
amounts which might become due from the Lessee to the Lessor for rental, damage to
the premises, or for any other reason or cause whatsoever.
3. The demised premises shall be used only for the purpose of conducting
therein the business of a retail and wholesale fish market.
4. The Lessee hereby covenants and agrees to make no unlawful, improper or
offensive use of said premises, not to assign this lease nor to sublet all or any portion
of the demised premises without the written consent of the Lessor. The Lessee hereby
covenants and agrees to pay the rental promptly on the day same becomes due, and that
if said Lessee shall fail to pay any rental installment within ten (10) days of the day
same becomes due, or if the Lessee shall violate any of the covenants, agreements
or obligations hereunder, the Lessee shall immediately without notice, become a
tenant at sufferance, and the entire principal amount of rental for the entire term
hereof shall immediately become due and payable without notice, and the Lessor
shall be entitled immediately to re-enter and retake possession of the demised
premises, the Lessee by his default, waiving all rights of notices, and the Lessor
shall have other remedies as are available to him under the laws of the state of Florida.
5. The Lessee shall pay to the proper public authorities taxes and license fees
levied upon the personal property located in and the business conducted on the demised
premises, including taxes levied upon the leased premises, prior to the date upon
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which payment of the same would be delinquent, including taxes of the City of
Clearwater; provided, however, that the Lessee shall have been presented with bills
therefor, and provided further that nothing herein contained shall obligate Lessee
to payor to reimburse Lessor for the payTIlent of any such assessment for permanent
improvements or betterments, such as sidewalks or sewers or other improvements
or betterments or to reimburse Lessor for any portion of any tax not allocable to the
term of this lease.
6. The Lessee hereby covenants and agrees to keep and maintain the premises
and fixtures located herein in good condition and repair during the term of this lease
and any extension hereof, and to return the premises to the Lessor upon the expiration
of the term hereof in as good condition as they now are, ordinary wear and tear and
damage by the elements only excepted. No alterations or improvements may be
made to the premises without the written consent of the Lessor. Any and all fixtures
attached to the premises shall revert absolutely and become the property of the Les sor,
upon the expiration of the term hereof; provided, however, that the Lessor at its
option may require the Lessee to remove all of the fixtures, partitions, racks, shelves
or other improvements from the premises upon the expiration of the term hereof at
the cost of the Lessee and without leaving any scars or marks whatsoever.
7. The Lessee may place an appropriate sign on the plate glass window in front
of the demised premises and an appropriate neon or lighted sign on the inside of the
plate glass window in front of the demised premises so long as said signs conform to
the ordinances of the City of Clearwater, Florida, presently in force or passed during
the term hereof regarding signs; provided, however, that no sign other than the signs
as aforesaid shall be painted, erected, constructed or maintained by the Lessee and
provided further that the Lessee shall, upon the expiration of the term hereof,
completely remove any and all signs on the plate glass window, neon or lighted signs,
and such other signs as might be permitted during the term hereof.
8. Lessor covenants that Lessor is well seized and has good right to lease the
premises, will warrant and defend the title thereto, and will indemnify Lessee against
any damage and expense which Lessee may suffer by reason of any lien, encumbrance,
restriction or defect in the title to or description herein of the premises. The Lessor
further covenants and agrees to allow the Lessee peaceful and quiet enjoyment of the
premises during the term hereof. The Lessor agrees to furnish a refuse disposal
location outside of the premises for the use of the Lessee. Heat and air conditioning
as required shall be furnished by the Lessee at no cost to the Lessor.
9. The Lessee hereby covenants to pay all bills for electric current, gas,
water, heat and other services to the premises requested by the Lessee within ten (10)
days after each of said bills shall have been rendered. The Lessee further covenants
and agrees prior to taking possession of said leased premises to obtain liability
insurance from a responsible insurance company protecting all persons and property
entering upon said premises during the period of this lease, and Lessee shall assume
full responsibility and absolve the Lessor of any and all liability or damages for
injuries to persons or property whatsoever in connection with the use and occupancy
of said premises. The Lessee further covenants and agrees to obtain and keep in
force during the term of this lease adequate plate glas s window insurance. The
Les see further covenants and agrees to operate the busines s conducted on the
premises during the entire year of each year of the term hereof and during each and
every month of the term hereof. Lessee further covenants and agrees to furnish
Lessor with copies of the aforementioned insurance policies.
10. If the demised premises are declared by the City Commission to be needed
for a public purpose then this lease may be cancelled by the City upon six(6) months
written notice to the Lessee and the Lessee waives any claim for damages from the
City as a result of such cancellation and the Lessee may cancel this lease for any
reason upon giving six (6) months written notice to the Lessor. In case of demolition
and reconstruction of the Marina or major renovation by construction, the Lessee
shall be given the first opportunity to bid for similar space, provided that space for
Lessee's type of business is allocated therein.
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ll. Notices hereunder shall be given only by registered letter or telegram
and shall be deemed given when the letter is deposited in the mail or the telegram
filed with the telegraph company, postage or charges prepaid, and addressed to
the party for whom intended at such party's address first herein specified or to
such other address as may be substituted therefor by proper notice hereunder.
12. This lease merges and supersedes all prior negotiations, representations
and agreements, and constitutes the entire contract between Lessor and Lessee
concerning the leasing of the premises and consideration thereof. This lease shall
be binding on and inure to the benefit of the successors and assigns of the respective
parties hereto. No waiver of any breach or default or failure of the Lessee hereunder
shall be deemed a waiver of any subsequent breach, default or waiver of the Lessee
hereunder and any said breach, default or waiver shall be deemed to be continuing
unless and until specifically waived in writing by the Lessor.
13. In the event the Lessor retains an attorney to enforce any of the provisions
of this lease, or renewals of or addenda to this lease, or to effect the enforcement
of any legal right of the Lessor against the Lessee, Lessee hereby agrees to pay to
the Lessor all costs of said enforcement including court costs and reasonable
attorney's fees.
IN WITNESS WHEREOF, this lease is executed as of the date first herein
written.
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CITY OF CLEARWATER, FLORIDA
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By ! (~.l/i a~/f--;; iJ/Cl"t- vi Fw;
i1::':flA7 City Manager ' , ,
Attest:
Approved as to form and
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City Clerk
Witnesses as to execution by
City ~3learwater:
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William F. Goodwin
Lessee
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