THREE YEAR LEASE AGREEMENT AND RECEIPTS OF PAYMENTS MADE
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LEASE AGREEMENT ~
THIS LEASE AGREEMENT, made and entered into this fl..- of fR().A.~ ,2001, by
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "Lessor", and, Bruce Littler, Inc., a Florida corporation, Room 28,
25 Causeway Boulevard, Clearwater, Florida 33767, hereinafter referred to as "Lessee."
WIT N ESE T H:
That in consideration of the covenants herein contained of the granting of this lease
and 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 in the City of Clearwater, Pinellas County,
Florida, to wit:
See attached Exhibit" A."
THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS:
1. The term of this lease shall be for a three-year period beginning, May 1, 2001, and
ending, April 30, 2004. The Lessor retains the right to terminate this lease for any municipal
need consistent with the Lessor's charter; and, in addition, Lessor may terminate this lease if
the State of Florida or any of its agencies or political subdivisions thereof acquire the demised
property or any portion thereof for a public purpose. This right of termination is in addition
to the right of termination set out in paragraph 14 of this Agreement.
2. The Lessee hereby covenants and agrees to pay rental thereof as follows:
a. To pay the total sum of $8,802.36 for the thirty-six month term of this lease,
which shall be paid in equal monthly payments of $244.51. Each monthly payment shall be
due and payable on the first day of the month, and shall be delinquent if not paid on or before
the fifth day of the month. Also, a consumer price index (CPI) increase will be added to the
rent payment on January 1st of each year of the lease starting January 1, 2002.
b. Any amount due from Lessee to Lessor under this lease which is not paid
before the day the payment becomes delinquent shall bear interest at the rate of fourteen
(14%) percent per anum from date due until paid, plus a late charge of Ten Dollars ($10.00) to
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cover Lessor's expenses in collecting such delinquency.
c. In addition to the first month's rent of $244.51, which is due and payable on
the first day of the lease, the Lessee shall pay $13.33 in advance as a deposit to secure the
faithful performance of the Lessee's obligations hereunder. The Lessor may deduct from the
deposit any amount that might become due from the Lessee to the Lessor for damage to the
premises or for any reason or cause whatsoever except rent. At the end of the term of this
lease, the deposit amount or the balance thereof, if any, shall be credited to Lessee's last
monthly rental payment.
3. The demised premises shall be used only for the purpose of storage and office.
4. The Lessee hereby covenants and agrees to make no unlawful, improper, or
offensive use of the leased premises. Lessee further covenants and agrees not to assign,
mortgage, pledge, hypothecate or sublet this lease or any of its right herein in whole or in part
without the prior written consent of Lessor. The consent of Lessor to any assignment,
mortgaging, pledging, hypothecating or subletting shall not constitute a waiver of the
necessity for such consent to any subsequent assignment, mortgage, pledging, hypothecating
or subletting. This paragraph shall be construed to include a prohibition against any
assignment of subletting by operation of law. If this lease is assigned, or if the premises or any
part thereof are sublet or occupied by anybody other than Lessee, Lessor may collect rent
from the assignee, sub-tenant or occupant, and apply the net amount collected to the rent
herein required, but no such occupancy or collection shall be deemed a waiver of this
covenant, or the acceptance of the assignee, sub-tenant or occupant as tenant, or a release of
Lessee from the further performance by Lessee of covenants on the part of Lessee herein
contained. If at any time during the term of this lease, any part or all of the corporate shares
of Lessee shall be transferred by sale, assignment, bequest, inheritance, operation of law or
other disposition so as to result in a change in the present effective voting control of Lessee by
the person, persons or entity which presently is the ultimate owner of a majority of such
corporate shares on the date of this leases, Lessee shall promptly notify Lessor in writing of
such change. If the new owner is a private or public corporation, Lessor shall promptly advise
Lessee if it has any objections thereto and the reasons therefor. Lessor may terminate this
lease any time after such change in control by giving Lessee ninety (90) days prior written
Littler ire c...ense
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.
notice of such termination, such notice to be provided within thirty (30) days following the
time period provided to Lessee. Lessee shall not permit any business to be operated in or
from the premises by any concessionaire or Licensee.
5. Lessee agrees that it will promptly pay all ad valorem real property taxes and
personal property taxes that may be assessed and filed against the demised property or the
leasehold created by this agreement, or both, during the term of this lease. Lessee further
agrees that it will pay any state sales tax due on the rental payment made by the Lessee to the
Lessor and that it will pay all other taxes and fees, including, but not limited to, occupational
license, beverage license, and permits relating the operation of the business conducted on the
demised premises, which are required by law. Nothing herein shall obligate Lessee to payor
to reimburse Lessor for the payment of assessments for permanent improvements, including
but not limited to sidewalks, sewers, and streets, that would benefit the demised premises.
6. The Lessee hereby covenants and agrees to pay $15.00 a month plus tax for
electrical service to the premises when due. At no expense to the Lessee, the Lessor agrees to
furnish a refuse disposal location and a refuse disposal container located outside the demised
premises for the use of the Lessee.
7. The Lessee further covenants and agrees to operate the business authorized to be
conducted on the premises during the term of this lease, except for any period of time
involved in natural disasters, including governmental orders or requirements such as
evacuation for hurricane preparations, and any time necessary to repair or replace any damage
caused to the demised premises by as natural disaster.
8. The Lessee assumes full responsibility for and covenants and agrees to save harmless
and indemnify the Lessor from any and all liability for damage to property and injury to
persons resulting from or in connection with the Lessee's use and occupancy of the demised
premises under this lease. In addition, during the term of the lease, Lessee shall at Lessee's
expense obtain and maintain insurance coverage conforming to the requirements in Exhibit
"B" attached hereto.
9. If at any time during the term of this lease, the building or premises or any part,
system or component hereof (hereinafter, the "demised premises") shall be damaged or
destroyed to the extent that the Lessee cannot operate the business authorized to be conducted
I.!Wef, lnc L.ease
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18. The undersigned shall personally guarantee to Lessor the timely performance of all
covenants and provisions of this Lease Agreement, including, but not limited to the timely
payment of all rent due hereunder.
19. This lease agreement constitutes the entire contract between Lessor and Lessee
concerning the leasing of the premises and consideration thereof.
20. In the event either party seeks to enforce this agreement or interpret any provision
thereof by law, or through attorneys at law, each party agrees to pay for its own attorneys fees
and costs, and that jurisdiction shall be in a court of competent jurisdiction in Pinellas
County, Florida.
~
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~
day of ~c.i,- ,2001.
By:
CITY OF CLEARWATER, FLORIDA
~Pl~-:rr
William B. Horne, II
Interim City Manager
Countersigned:
Brth-'~
Mayor-Co issioner
Approved as to form:
Attest:
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Bruce Littler, Inc.
W~~."..~~~W~'___~W~"~"__"V~..~~~"".vH.W,,,...w'M_~'''W--''W_'~__~~~~~_''''"v'''~''''''_'-''
Bruce Littler Inc Lease
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'.. ACORDCERtIFIC<iltE OFUAf3fLITYINSt,/"ANCEcSRCM< .-
=~ ' ;:.:;~~.Ag.nCY ....IJ.); .....6'.:ICyi"J'~~~F'Jk~ ~<j~fcPH~~~~~~~'f,~~~frg~/Ol ..
at Clearwater, :Inc. ~ I. D\. r -, . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P . 0 . Box 1779 '0 "\~.Y'. . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Clearwater FL 33757-1779 d c(("J""'- COMPANIES AFFORDING COVERAGE
John Gay COMPANY
Phone No. 727-446-6064 Fax No. 727-442-9751 A
INSURED
C:ITYO 0 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAlL
~ DAYS WRI~ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
~ l /' 7,~ MAlL SUCH NOTICE SHAlL IMPOSE NO OBLIGATION OR LIABILITY
'" l '!<..OF ANY K1r;D U~ THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
~9'~SENTATIVE
JO~
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Auto Owners
COMPANY
B
Bruce Littler, :Inc.
25 Causeway Blvd.
Clearwater FL 33767-2064
COMPANY
C
COMPANY
D
C~ERAl?~$::::
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.......................... -................................
........................ ...................................
.......... .
......... .
.......... .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHST ANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXClUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMlDOIYY) DATE (MMlDDIYY)
A
GENERAL LIABILITY
f--
X COMMERCIAl GENERAL LIABILITY
I CLAIMS MADE ~ OCCUR
OWNER'S & CONTRACTOR'S PROT
-
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
GENERAL AGGREGATE
91-130168-00
04/01/01
04/01/02
PRODUCTS - COMP/OP AGG $
'.'
-
AUTOMOBILE LIABILITY
-
ANY AUTO
ALL OWNED AUTOS
COMBINED SINGLE LIMIT
-
~
BODILY INJURY
(Per person)
f--
SCHEDULED AUTOS
HIRED AUTOS
NON-oWNED AUTOS
BODILY INJURY
(Per accident)
~
-
-
PROPERTY DAMAGE
GARAGE LIABILITY
~
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
-
EXCESS LIABILITY
R UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
$
$
$
$
$
10~
$
EL DISEASE - POLICY LIMIT $
EL DISEASE. EA EMPlOYEE $
EACH OCCURRENCE
AGGREGATE
THE PROPRIETOR!
PARTNERSJEXECUTIVE
OFFICERS ARE:
OTHER
RINCL
EXCL
/WC STATU. I
TORv'[IMITS
EL EACH ACCIDENT
A Plate glass
04/01/01
04/01/02
DESCRIPTION OF OPERATIONSIlOCATIONSlVEHICLESlSPECIAlITEMS
Gift shop
City of Clearwater is named as an Additional :Insured.
'CERTIF1CATE:HOlDE~::...:::
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City of Clearwater
Bill Norris - Barbormaster
25 Causeway Blvd
Clearwater FL 33767-2604
AC~()::~~${~!$$): :: . . . . . .
DATE (MM/DDfYY)
. .
........ .
LIMITS
$ 300000
$ 300000
$300000
$50000
$ 5000
$
$
$
$
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