67 MONTHS LEASE
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THIS LEASE, dated this ~ day of R1... ........lIT, A. D. 1979, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter called "the Lessor", and M. ALFRED GREGORY and KATHERINE
GREGORY, his wife, hereinafter called "the Lessee";
WITNESSETH: That inconsideration of the c,ovenants herein contained
of the granting of this leas e and the swns 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:
Room Nos. Five (5) and Nine (9) and Space in Between in
the Clearwater Marina Building, located on Lots 11 and 12
of CITY PARK SUBDIVISION, according to the map or plat
thereof as recorded in Plat Book 23, page 37 of the Public
Records of Pinellas County, Florida, also small storage
room on second floor used by Lessee.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE
AS FOLLOWS:
1. The term of this lease shall be for a period of sixty-seven (67)
months, beginning on the 1st day of March, 1979, and ending on the 30th
day of September, 1984.
2. The Lessee hereby covenants and agrees to pay as rental for the
above described premises during the term of this lease the following percentage
rent. The percentage rent shall be computed on the basis of ten per cent (10%)
of Lessee's gross sales each month, but in no event shall the rental payment
made pursuant to this lease be less than Six Hundred Dollars ($600.00) per
month. Within this paragraph, the term "gross sales" shall mean that total
figure derived by Lessee from all sales conducted on the premises each month
after subtracting State sales tax from such amount. The percentage rental
provided for herein shall be due and payable on the first day of each and every
month during the term of this lease. Failure to make the payment provided for
in this paragraph within ten (10) days of the due date each month shall be
grounds for cancellation of the lease.
3. The demised premises shall be used only for the purpose of
conducting therein the business of a gift shop, specialities, beach clothing
and toys. Any structural changes to be made by the Lessee shall be at their
own expense and must first be approved by the City Manager in writing and
the bills for any and all alterations shall be paid at once when due.
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 twenty (20) 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 tenants at suffereance, 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
it under the laws of the State of Florida.
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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 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 the bills therefor, and provided further that
nothing herein contained shall obligate Lessee to payor to reimburse Lessor
for the payment of any such assessment for permanent improvements or
betterments 01' 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 therein 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 Lessor,
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; pro-
vided, 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, com-
pletely 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 further agrees to furnish free of charge all water used by the Lessee
on the demised premises and agrees to furnish a refuse disposal location
outside of the premises of the use of the Lessee.
9. The Lessee hereby covenants to pay all bills for electric current,
gas, 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 agl'ees to obtain and keep in force during the term of this lease
adequate plate glass window insurance. The Lessee further covenants and agrees
to operate the business 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.
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10. All sales shall be recorded on a cash register utilizing tapes and
all such tapes shall be maintained and shall be made available for inspection
and auditing by the City Auditor or his designated representative. The Lessee
shall in addition make available all books and records relating to the operation
of their busines s, including any and all reports or forms prepared for the
purpose of complying with the State sales tax law, and all such books, records,
reports and forms shall be made available for inspection by Lessor when
request is made by the City Manager during the term of this lease.
11. In the event the Lessee fails to perform the provisions, terms and
conditions of this lease, or if it should become necessary for the Lessor to
cancel this lease and repossess the premises herein described as a result of
a national or municipal emergency or if the City Commission determines that
the premises are needed for any public purpose, the Lessee shall vacate said
premises within thirty (30) days from the date of the Lessor's demand notice.
12. Notices hereunder shall be given only by registered letter or telegram
and shall be deemed given when the letter is deposited in them ail or the
telegram filed with the telegraph company, postage or charges prepaid, and
addres sed to the party for whom intended at such party's address first herein
specified or to such other address as maybe substituted therefor by proper
notice hereunder.
13. 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 the 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 hereWlder, and any said breach, default
or waiver shall be deemed to be continuing unless and until specifically waived
in writing by the Lessor.
14. In the event the Lessor retains an attorney to enforce any of the
provisions of this lease, or renewals of or addenda to this leas e, or to effect
the enforcement of any legal right of the Lessor against the Lessee, the
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.
CITY li ;:;&.. A, fl..W.-, A T. /~.:,ll-!f, , ru. O~., /'
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By I.rA'~., ' ,?L- -)1'(/
Citt: Manager
Attest:
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City Clerk
Witnesses:
E~L)
LESSEE
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