BUSINESS LEASE CONTRACT FOR THE PURPOSE OF OFFERING TECHNOLOGY INTEGRATION TRAINING AND DEVELOPMENT
~
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this ~ay 0~~Y\.
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, as
TECHNOLOGY INSTITUTE, a Florida not-for-profit corporation, as Lessee.
, 2004, between the
Lessor, and LE'AZON
WIT N E SSE T H:
That the Lessor does lease to the Lessee the following premises consisting of an
approximately 3,338 square foot single-occupant structure on a 16,500 square foot site located in
Pinellas County, Florida, being more specifically described as follows:
A portion of the Southwest ~ of the Northeast ~ of Section 10, Township 29 South,
Range 15 East legally described as being the East 109.6 feet of the West 836.17 feet of
the North 150 feet of the South 180 feet thereof, being addressed as 1250 Palmetto
Street, Clearwater, Florida 33755
Such property shall hereinafter be referred to as the "leased premises" or the "demised
premises" or the "leased property."
1. LEASE TERM.
~.. . The term of this lease shall be for 5 year(s); which term will commence on the I ~ f-day o. f.
~ ' 2004, and shall continue until midnight on the 30 <t't-.. day of
, ,2009.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00)
as rent during the term of this lease, the receipt of which is hereby acknowledged. In further
consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that
Lessee shall unequivocably, timely and without reservation, comply with and meet or exceed the
Performance Measures ("Measures") appended hereto as EXHIBIT "A". Lessee's failure to tim~ly
comply with any of the Measures during the Lease Term shall be deemed a material de~ault and
subject to provisions of Paragraph 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
primarily for the purpose of offering technology integration training & development, and related
program activities, to residents of the North Greenwood Neighborhood of Clearwater, and others as
program offerings may reasonably accommodate.
4. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are
or shall be individually metered for the subject premises. All deposits for such utilities shall be the
sole responsibility of Lessee.
J .~ 1 ~.) , ,),r)
5. MAINTENANCE AND TAXES.
Lessee shall, at its own expense, maintain in good repair and in good and safe condition all
improvements on, about and within the leased premises, including, but without limiting the generality
of the foregoing, all structural improvements, including the roof, doors, plate glass, windows and their
respective hardware, all plumbing, heating, cooling and electrical fixtures, regardless of how the
necessity or desirability of repairs may occur, and whether or not required by wear and tear,
obsolescence, accidents or otherwise. Except as may be otherwise provided for in this lease, Lessor
has no obligations to make repairs on, about or within the leased premises, or to paint, decorate or
redecorate same. Lessee shall be responsible for all real and personal property taxes as may be
assessed against the lease premises during the lease term, and shall promptly pay same when due.
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the demised premises, including, but not limited to submitting to the City of Clearwater a
Comprehensive Infill Redevelopment Project application and obtaining approval thereof prior to
occupancy. Lessor shall stripe two vehicle parking spaces within the easterly right-of-way of Holt
Avenue, that together with the four striped vehicle parking spaces fronting the entrance of the lease
premises, are intended to comply with and satisfy the parking requirement of the application. Lessee
may also have the use and benefit of additional designated parking described in paragraph 20
hereof, but such additional parking is not guaranteed nor required by Lessor to assure occupancy of
the premises under terms of this lease.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease,in whole or in part, or sublet the premises or any part thereof. Lessor
expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This
covenant shall, be binding on the legal representatives of Lessee, and on every person to whom
Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment
or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest
occasioned by a consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
performance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvements which
are part of the leased property without the written consent of the Lessor, and any such modifications
or additions to said property shall become the property of the Lessor upon the termination of this
lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its
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original condition. The restrictions of this paragraph shall not apply to maintenance of the leased
property, but shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture to any part of
the leased property which cannot be removed without damage thereto. In the event Lessee desires
to make any alterations or modifications, written notice shall be given to the Lessor. Unless the
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from
Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the leased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee which
have not become the property of Lessor, including trade fixtures and the like. All property remaining
on the premises after the last day of the term of this lease shall be conclusively deemed abandoned
and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal.
9. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee.ol
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining premise~
or any part of the premises adjacent to or connected with the premises hereby leased or any part of
the building which the leased premises are a part of for any loss or damage resulting to the Lessee or
its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the sam.~ is
due to the negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, should Lessee default in any of its
maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall
invoice to Lessee for reimbursement within 15 days following receipt, unless such repairs, additions
or alterations are undertaken to comply with revisions to the Clearwater Code or other governmental
requirements instituted subsequent to lease commencement, in which event costs thereof shall be
borne by Lessor. Lessor shall, upon reasonable notice, have right of entry to exhibit said premise&
during normal business hours. Right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions, which do not conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the
beginning of this lease and agrees to maintain said premises in the same condition, order and repair
as they are at the commencement of said term, and to return the premises to their original condition
at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately
upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or
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premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or
persons in the employ or under the control of the Lessee should Lessee fail for any reason to remedy
or repair such damage immediately upon demand.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit liB"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other natural
cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other natural
cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date
of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise
provided herein. If the Lessor intends to rebuild or repair the premises, he shall, within fifteen (15)
days after the date of such damage, give written notice to Lessee of the intention to rebuild or repair
and shall proceed with reasonable diligence to restore the building to substantially the same
condition in which it was immediately prior to the destruction. However, Lessor shall not be required
to rebuild, repair or replace any improvements or alterations made by Lessee within the building.
During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or
repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the Lessor may either terminate the lease or continue with
the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee
shall, at its own expense, restore all work required to be done by such Lessee under this agreement.
14. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the demised premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by
reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any
payment in lieu thereof.
15. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate
to all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The
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Lessee further agrees to execute any instrument of subordination which might be required by
mortgagee of the Lessor.
16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may
(i)re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable
to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee
and receive the rent therefor and apply the same to the payment of such expenses as Lessor may
have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise
changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it
shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost
and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such
intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) The Lessor, at its option, may terminatee this lease in the event the City Council
determines at a duly constituted City Council meeting that the lease premises are needed for other
municipal purposes and serves Lessee with sixty (60) days notice of such intended use.
17. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
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(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
(f) It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City
of Clearwater Land Development Regulations, and such signs as Lessee may place inside the
building, which signs shall be subject to the prior approval of the Lessor.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to
accept any rent not paid within five (5) days subsequent of the date when due absent the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
18. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the leased property
or property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be performed by the Lessee.
19. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such
other matters as may be reasonably requested.
20. PARKING SPACES.
At such time as Lessor and the School Board of Pinellas County, Florida ("School Board"),
may mutually agree and properly amend that certain parking Agreement dated August 23, 1995 to
which each is a party, Lessee shall have the the use and benefit of those certain parking spaces
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available to Lessor in the parking lot appurtenant on the north to the leased premises, as such
parking is provided and defined in Article 5 of that Agreement. Lessor will make all reasonable effort
to secure the agreement and consent ofthe School Board as proposed, but shall not be obligated to
Lessee in any way whatsover should such consent not be granted. A copy of the referenced
Agreement between Lessor and the School Board is appended hereto as Exhibit "C".
21. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of
the leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations
or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals.
22. "AS IS" CONDITION.
The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no
obligation to improve or remodel the leased premises.
23. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
24. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the leased premises at its expense.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
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27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may
be assessed against Lessor in connection with or otherwise relating to said hazardous materials,
wastes or substances at anytime, without regard to the term of this lease. This provision shall
specifically survive the termination hereof.
28. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
29. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then th~
parties agree that each party'shall bear its own attorney fees and costs. .
30. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, any any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
LE'AZON TECHNOLOGY INSTITUTE, INC.
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RE: Le'azon Technology Lease
1250 Palmetto Street
AS TO LESSOR:
Countersigned:
B~~
Approved as to form:
~
Laura Lipowski, Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
BY~ 73,~"'lt
William B. Horne II, City Manager
Attest:
~";,,t:. . )1... PD____
Cynt a E. G~~ea~City Clerk
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LE'AZON TECHNOLOGY INSTITUTE
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Virtual Digital Technology
P,O, Box 4097 Clearwater, FI 33758-4097 Phone 727.'112,9733 Fax 727.712,9733
Website: www./eazoncom E-mail: iaron@leazon.com
II EXHIBIT "A" II
PERFORMANCE MEASURES
The following performance measures will be used to help measure the success of Le' Azon
Technology Institute's (LTI) economic-development and technology-based educational training
programs at 1250 Palmetto Street Clearwater, Florida.
Develop and maintain active community involvement in the planning and implementation of
services provided.
. Establish a 7-9 member Community Advisory Board with representatives from
community members, L TI staff, community agencies and service providers, and local
businesses
. Conduct Community Advisory Board meetings
. L TI will furnish the City of Clearwater City Manager with an annual report of activities
conducted under this agreement within (60) days of the end of each lease agreement year
Provide community members with access to readily accessible, high-quality economic-
development, technology-based education and training programs
. Offer monthly courses in basic, intermediate and advance computer training
. Instruct 100 students within the first year in computer based training classes
. Provide community access to word processing, copying and on-line resources
. Partner with corporations, agencies and educational institutions to offer a variety of
technology-based workshops, courses and training programs
Create new job opportunities for residents who are trained by L TI
. Partner with at least 5 businesses within the first year to assist trainees with identifying
and connecting with new employment opportunities
Improve minority and lower income student's access to higher education
. Partner with local agencies and universities to offer a variety of educational programs
leading to higher education
. Offer at least 3 workshops within the first year on college preparation for students and
parents
Increase minority and lower income resident's access to and retention of jobs with livable wages
. Partner with corporations to offer participants hands-on-training in real life work
environments
· Offer on-going personal and professional development instruction that includes skills
identification, interviewing preparation, job readiness, professional image consulting, job
searching, and life skills
Le'Azon Technology Institute. Inc,
Offer services to increase the number of minority owned businesses
. Offer on-going course work in entrepreneurship
. Provide community access to on-line resources related to starting a business
Obtain funding from a variety of resources to develop new programming and maintain existing
programs/services
. L TI will seek grant funding and implement fundraising activities
. L TI will offer various fee based services, memberships and sponsorships to off-set
service/program cost
Through the implementation of these performance measures, L TI will be participating in the City
of Clearwater's Revitalization plan's goal of expanding business opportunities and increasing
new job and placement opportunities for its residents.
Le'Azon Technology Institute, Inc,
")
"-'
EXHIBIT "B"
II INSURANCE II
Property Insurance: Lessee shall procure and maintain for the life of the Lease, Property Insurance to cover
any loss resulting from destruction or damage to real and personal property. The policy of insurance shall be
an "All Risk" type. The policy shall be written on a 100% replacement value basis and Lessee may elect a
deductible amount up to but not more than $1,000. Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
Liabilitv Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance.
This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury,
personal injury or property damage that could arise directly or indirectly from the performance and operation of
this Lease. The minimum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled
or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City's Risk Management Office.
All insurance policies required within this provision shall provide full coverage from the first dollar of exposure
unless stipulated. No deductibles will be accepted other than as stipulated herein.
Certificates of Insurance Meeting the specific required insurance provisions specified in this Lease shall be
forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review,
the Certificate will be filed as part of the official Lease file.
Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted in all contracts for
sale, purchase or rental of real property.
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health unit.
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EXHIBIT "C" - Parking Spaces Agreement
AGRE&M~NT
11:1$ A.greement ~e and ame,"" info this ;],7. day or ~'i""r; 1995, by and
c.e..."Ween be City of C1e~rwner, Aorida, a municipal corporation. herein referred to as
.City," auf the S~hool Soard of PincJlas County, Plorida herein refened to.u "Board."
WHEREAS, me Cit)' has a n<:ed for additiond parking for (be North Greenwood
-, .... ..' he 'c, ,....r "L'b ".....
- -:):,"', .1-1 J'rary, rem CCleJ rQl ro as J rary; any
WHEREAS. Ihc Boa:d is the owner of land adjacent to the Library. said land used by
::'i: Board' c Clearwater Dise' )Very School. herein referred to as .School;" and
WHEREAS, the City has funds available for construction of a paved. parking Jot
facility, herein referred to as '"Parking Faci1ity, " adjacent to the Librat)': and
WHEREAS. the City and Board are each willing to coopcra(e in dUs mattec under
,::;;r.ai.o con :!ilions and ptOvis ons;
11il~REFORE. in cOllsiderarion of Ihe covenants herein coutaincd and other good and
yaluablc coosiderario.D, the C ~ty agtee$ to costruct and maintain a ParkiDs FacilitY on the
School site as shown in Exhihit . A." aceordirJg co the following terms and covcnanlS;
1. Tenn. The team of this Agreement shall be for a period of ten (10) years.
'-::''::7'::-n'Cin;~ ~ ~. ...t 3
--
. 1995 and e11diDg
(.~ ~ > ~ ,2005. This Agreement shall staDel renewed for additioDal
'erA. (10) year periods upon apj)foval by bQdl partia. as ~videnccd by written correspondence
hy the SUpe:intendcm of Scbools aftd City ~iQ".
2. DesaiRtion or ru.pro"emthll. The Cil:)' agrees to OODStruct a ParldIig
~~ilityt which shall include pa\'Cd parkiDg. reteDtion &rea, fenciDg ad associated
;'::;provemeols to the Scbool site as shown in Exhibit -A. ...the City agrees that prior to
."':-.::-Xing any C)f the improvemclJrssbown in Exhibit "A," or my other subsequeut
1
imprO\fement:; to the Puking F teility. the Superintendent of SchooJ$. or designee. will
r~yiew for approval the plW provided by tM City. Said approval. if given. shall be in
';,,:,i~i.ng and S: lail delineate any modifications or conditions to the construction plans. as
,---'- t;;1( Ciry Manag~r and S\.1perintendem of Schools, or lheir respecti\fe designees.
" ~~.. ~,.\k~'1g all}' of lbese imp.ovemenf$, the City agrees to restore aDY affected portions of
the School ~it~ to at least as gQlxl a <:ondition as existed prior to the: inst.a.llatiou of the
?Clrking FacU icy.
3. Maintenanclof lmRfo'Vtments. The Cicy a&lees to maintain the Parking
F<\cility. inch.ding but not lim.it~ 10; paved padtilJg. pa.rk.i.ng,stopslbwnpers, retention area,
.....~t ':'::', the: east side of the ]'arking Fa<:i1ity, sigoage, and landsclpiog withiil and
immediately adjacent to the Par:dng Faeility: and to pay .all associated maintcnabte costs.
The City agre:$ fO inspec:t on a regular basis" or wben requested by the Board, the Parking
rt,Cility aDd t<. make any neeess ary repairs or ~ in a timely manner.
4. Return Condili!! LQf,Eadlitv. The City agrees to return the Parking
- ":"',"< :::- ::r:rounding area to a clean and sa1liwy CODditiOD after use by the Ciry or Cit)l-
:'~Oled gro IPS, ageDU or in" itees. The Board agrees to return the Parkm, Facility and
sun-oundiDg 31'Ca to a clean and samtal)' con<UrioG after use by the Board or Board.Spooscned
;,;.;:m'ups. apu or invitees.
S. Dales and Times of Use. Both parties agree that the Library will have
-;';,:::bsive U~ of the ~D (10) paH:d parking $pa0Cl on rhe south portion of the ParkiDg
, :-..?~d lC:I1 (10) parlci:Qg $Jlace$ located closest to the Lalmuy, for City. Ubrary, and
Library-spoDSC,red programs. year-l'ouD4, during uormal hours of operation. Both parties
it,gtee that the School will have .~elusive use of the eigbt (8) paved parking spaces and the
-J_x:;pa'Ycd overf ,ow parlciDg on lbt~ north portion of the Pat1c.ing Facility. said eight (8) pa.rJdn&
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--^'5'?c'.1 "V(;rf1ow parking lxatc:d furthest from the Library. for Board. School. and
:^':,,;,>:spor.'sOl'ed programs. ~ca(-l'O\Iod. during nonnal hout"S of operation. Il is: the intent of
'he parties. notwithstanding tile exclusive hours aforcmencwned in this paragraph. chat the
Ubi'ary and School attempt to aeeomodate the parkjtl8 m:ed$ or ~ch olher that may arise due
to special eventS and/or extended hours. when the use thereof does not interfere wi~
,~cbeduled LibraJY or SchoQl programs. The City and Board agree that questions concerning
~E :md times of use of th:~ Parking Facility shall be resolved between the School
7rinci~I ani the Ubrary Brau:h Manager said resolution to be evidenc~ by written
corresponde ltCe betwccn the S. :booI Principal and Library Branch Manager. 1be resolution of
questions coaceming d"y. of L sa and times of use lbat can not be resolved by the School
Principal m2 Library Branch J~anager. or other unforeseen questions arising out of rhis
: ,ba1l be addre5mf ilCCOrding to the terms and conditions of this agreement as
-::;,-:'-:,,;;:' ;~'1 par agraph 9.
6. <<~iction on 118. Use of the Parking Facility by private
e-arties or organizations. or by business enteapnses for profit is prohibhed. unless agreed to,
in writing. by both parties. Tb~ City and Board.fiuthu agree to make 00 uuJawfuJ.
rm:yroper, 01 otteosive U~ of.1Ie ParkiDg FacilitY. The Library and aU its iIlvitceS shaU
--~":c c~" all Board policies. induding policy numbers 6GxS2-S.2S and 6GxS2-5.21, which
prohibit the 4~onsumption of tollaceo products 3PdIor alcoholic beverages OD Board property 1
i'Ududing oU1'side areas.
7. Rmd Hannless. Subject to d1e limitations cantaiDec1 in Section 768.28,
Florida Statutes (1993), r= parties agree eadl will Ave the other bannlen on ac;coUDt ot the
-,- -'-,-::::": ~cu of its anployees, servants or agentS or 00 acc:ount of any unsafe conditions
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that may exbt as a ~5Ult of tb: negligent operation by th~ parties of the subject facilities.
The' City ine; Board :agr" lO he te$ponsjbl~ for loss or damage to the facUity while used in
,--_:~ ,,:,";::;p~cti\le programs, elC.c~:pt for routine maintenance. The City and Boatd a_tee to
);:''fovide eacb other proof Qf in! urance coverage or self-insurance in the amounts set (onh in
~-'~~;?r.: 768.18, Florida StalUIC:S.
8. A5$il"ll1ent. In:ipedioo and Tennimltion. The City and Board will
not assign this Agreerneotor S'lolet the premises or any pan thereof without the written
~~p_~nt of tle other party. Th' BQUCI. its offJCelS. asents and servants. shall have the right
;' '::::ter and inspeet the subjecl premises and me operarioD bel1'lg conducted thereon at
"":::".$o~fe ti:nes.
TI:Us ."greemeDt shall rt:main in effect unk;ss lCuninated by either party as follows:
a) Upon breach of this Agreemen! by a patty. rbe other patty shaD give
written notie: of termination 0 r this agreement specifying the claimed breach and the action
:~~';J~);.red to cure the bRach. If the breaching party fails to cure lhe breach within five (S)
Q,a)'s (rom receipt of said notic~, then the cor.uact shall tcnninateten (10) days from receipt
,- c~ ~",:,; writte:t notice;
b) Eilher parry ma)' terminate Ihis Agreement by giving written ,notke to the
other party that the ~ntCnl willterminatc ODe (1) yW ftom the receipt of said notice by
t'1e other palty. Upon termination of this Agreement_ the Parking facility improvements
become the property of tlle Board.
'); Unforeseta Ow:it!.2m. The City and ,Board agree that in the evebt of
~~::S:;)resee.n <,IllestioDS arising Oltt of use of the puking facility or otherwise arising under this
Agreeznent. >aid questioDS shall be settled in writing between the SuperiDtcndeut of Schools
and the City Manager_ or their respective desiguees.
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..;..... -- '--- -. . . ....... .
10. Uti,ation. In the event litigation is necessary to eDforce any of the terms or
':.onditiuDS ('f this Agreement. the prevailing party shan be entitled to recover
....,:':;~r.s &l':.C: expenses. includil1g reasonable attorneys. fees from the Don-prevailing party.
11. Headiup. 1'be ~adings or lhis Agreement ale for conveaience and
reference oldy and in no way defane, limit, Of describe the $COpe of inleatof this Agreement
or any part hereof. or in any way aff~l the same, or construe any provision hereof.
IN WITNESS WHEREOF, the partiC$ ~lO have executed this Agreemcm
-i,y ?':71 year fust above ~ ritttD.
,:,!,;-,;;s't :
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CITY OF CLEARWATER, FLORIDA
By: o.lIJ32 -
Ciry Multer
Approved a_ to form and cont=nt:
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;..-:ity Attonu:y (designee)
Attest:
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po (, . lCio :~cretary
THE SCHOOL BOARD OF
p~ COVNTY, ~RlDA
~../lJ~
Chaimian / AUG 2 3 1995
a; to form:
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'TYP.
Primarily Ubrary Use
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EXHIBIT IIAII
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Primarily School Use
(paving)
OVERFLOW PARKJNO ,
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IlLnNllON ARE.4
CLEARWATER LIBRARY
NORTH GREENWOOD BRANCI-I
NOll!: D/n1;,.d",u "n..rtlllpon IIrrrodmll,e slu 4a,,,.
A/'/'nOxmArIJ SCALE: J. - 20'
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