CONDITIONAL ASSIGNMENT OF LEASE TO GEORGE H. AND DARA L. GREENE
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CONDITIONAL ASSIGNMENT OF LEASE
In consideration of the sum of One Dollar ($1.00) and other good and valuable
considerations, the undersigned, Roy M. Carpenter and Mary Kay Carpenter, d/b/a Marina Gifts
and Souvenirs, hereby sells, transfers and assigns all of its right, title, and interest in and to that
certain lease dated the 11th day of September, 1996, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, as Lessor, and the undersigned, as Lessee, to George H.
Greene and Dara L. Greene, d/b/a Marina Gifts and Souvenirs, effective as of ~ l7 , 1997
which said lease covers rooms 5 and 9 on the Ground Floor in the Clearwater Marina ~uilding,
located on Lots 11 and 12 of CITY PARK SUBDIVISION, Clearwater Beach, Clearwater, Florida.
IN WITNESS WHEREOF, Roy M. Carpenter and Mary Kay Carpenter, d/b/a Marina
Gifts and Souvenirs, through its offices have caused this instrument to be executed this I 7.AA.-
day of n ,1997.
Witnesses:
Marina Gifts and Souvenirs
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Roy . Carpentet/
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a K Carp ter ~
This Assignment of Lease is conditional upon approval of the Clearwater City Commission.
CONDITIONAL ASSUMPTION OF OBLIGATIONS UNDER LEASE
The undersigned, George H. Greene and Dara L. Greene, in consideration of the above and
\ foregoing Assignment of Lease to them, and in further consideration of the Consent thereto by the
City of Clear water, Florida, hereby assume and agree to perform each and every covenant and
obligation of said Roy M. Carpenter and Mary Kay Carpenter, d/b/a Marina Gifts and Souvenirs,
accruing under the Lease, effective as of n 17 , 1997, and for the remainder of the term
thereof.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ th day of
~, , 1997.
Witnesses:
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~Znirs
eorge . Greene
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Dara L. Greene
Conditional Assignment of Lease - Marina Gifts and Souvenirs
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C
(II
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CONSENT TO ASSIGNMENT
The CITY OF CLEARWATER, FLORIDA, a municipal corporation, the Lessor in the
above described lease agreement, hereby consents to the foregoing assignment thereof from Roy M.
Carpenter and Mary Kay Carpenter, d/b/a Marina Gifts and Souvenirs, to George H. Greene and
Dara L. Greene, d/b/a Marina Gifts and Souvenirs.
IN WITNESS WHEREOF, this consent has been signed by and through the proper officials
of said municipal corporation, this /7401- day of ~ 1997.
CI OF CLEAR WATER, FLORIDA
by
Mayor-Commis lOner
Rita Garvey
City Manager
Michael J. Roberto
Approved as to form:
Attest:
~~
aul Richard Hull
Assistant City Attorney
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Conditional Assignment of Lease - Marina Gifts and Souvenirs
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Exhibit "C"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this t1~ day of ~, 1997, by George H. Greene and Dara
L. Greene, City of Clearwater, County of Pinellas, State of Florida, herein referred to as
"Personal Guarantors:, being the owners respectively, of Marina Gifts and Souvenirs, herein
referred to as "Obligor:, to CITY OF CLEARWATER, C/O City Attorney, P.O. Box 4748,
Clearwater, Florida 34618-4748, herein referred to as "Obligee".
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to Obligor, whose business address is 25
Causeway Blvd., City of Clearwater, County of Pinellas, State of Florida, for use by Obligor
in conducting its business of a gift shop.
2. The lease is conditioned upon guarantors giving security for payment of rent thereunder in
the form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors guarantee payment of rent under the attached lease agreement pursuant to
the terms thereof. If obligor defaults in the payment of any installment of rent, guarantors
shall pay the amount of such installment within 30 days after receipt of notice of default and
demand for payment. Guarantors liability hereunder shall not be affected by reason of any
extension of time for payment of any installment granted by obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the remaining term of the lease. Thereafter,
if the lease is renewed on the same terms, this guaranty shall remain in force until receipt by
obligee of written notice of revocation from guarantors, or until terminated pursuant to
Section Three hereof. Renewal of the lease on different terms shall, at the option of the
guarantors, operate to terminate this guaranty as of the end of the current lease period.
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SECTION THREE
LIMIT A TION OF LIABILITY
The maximum amount recoverable by obligee from guarantors pursuant to this
guarantee is $111,125.00 which amount is equal to the total rent due during the remaining
term of the lease. If the aggregate of payments made by guarantors hereunder reaches the
above-mentioned amount, this guaranty shall terminate immediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
IN WITNESS WHEREOF, guarantors have executed this guaranty at
~ I 1==1- the day and year first above written.
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Itnes
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Guarantor
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