7 YEARS LEASE
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LEASE
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THIS LEASE t dated this 2. ~ day of .. Ii lieery, A. D. 1972, by and
between the CITY OF CLEAR WA TER, a municipal corporation existing
under the laws of the State of Florida, hereinafter called the Lessor, and
M. ALFRED GREGORY and KATHERINE GREGORY, his wife, hereinafter
called the Les see;
WITNESSETH: That in consideration of the covenants herein contained
of the granting of this lease and of 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 & Nine 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 seven P}J years,
beginning on the 1st day of March, 1972 and ending on the 28th day of
February, 1979.
2. The Lessee hereby covenants and agrees to pay rental therefor
in the total swn of $39,600.00, payable $1,000.00 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 $450.00 per month for the first
36 months of this lease, through February 28, 1975; $475.00 per month
for the next 24 months of this lease, through February 28, 1977; and
$500.00 per month for the last 24 months of this lease, through February 28, 1979;
payable in advance on or before the 1st day of each month during the term
hereof, commencing with the 1st day of March, 1972, to be payable until the
total rental hereunder has been paid in full. The Lessor may deduct from the
aforementioned deposit any amounts, which might become due from the Lessee
to the Les s or for rental, damage to the premises, or for any other reas on or
cause whats oever.
3. The demised premises shall be used only for the purpose of con-
ducting therein the business of a gift shop, specialities, beach clothing, and
toys. Any structural changes to be made by the Lessee shall be at his 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.
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9. The Lessee hereby covenants to pay all bills for electric current,
gas, heat, and other services to the premises requested by the Les see
within ten PO} 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 abs olve the Les s or of any and all liability or damages for injuries to
pers ons or property whats oever, 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 leas e adequate plate glas s 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 Less or with copies of the aforementioned
insurance policies.
10. 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 pre-
paid, and addressed to the party for whom intended at such party's address
first herein specified or to such other address as may he substituted therefor
by proper notice hereunder.
11. This leas e merges and supers edes all prior negotiations, repres en-
tations and agreements, and constitutes the entire contract between Less or
and Lessee concerning the leasing of the premises and the consideration
thereof. This leas e shall be binding on ani inure to the benefit of the succes s ors
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.
12. In the event the Less or retains an attorney to enforce any of the
provisions of this leas e, or renewals of or addenda to this lease, 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 attorney1s fees.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
Witnesses:
FLORIDA
~
City Manager
As
Att~St:>~
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/. City Clerk
Approved as to form correctness:
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City Attorney I
As to Lessee
{SEA L}
~~~
{SEAL}
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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 (l0) days of the day same
becomes due, or if the Less ee shall violate any of the covenants, agree-
ments or obligations hereunder, the Lessee shall immediately without
notice, become tenants at sufferance, and the entire principal amount of
rental for the entire term hereof shall immediately become due and pay-
able 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, 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 bills
therefor, and provided further that nothing herein contained shall obligate
Lessee to payor to reimburse Lessor for the payment of any such assess-
ment 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 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 Less or
at its option may require the Less ee 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
Less or 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 for the use of the Lessee.
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