FIFTY-FOUR MONTH LEASE AGREEMENT
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THIS LEASE, dated this 7 day of (~~ , 1981, by
and between the CITY OF CLEAR WATER, FLORIDA, a municipal corporation,
hereinafter called the Lessor, and BR UCE LITTLER, INC., a Florida
corporation, hereinafter called the Lessee:
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WITNESSETH:
That in consideration of the covenants herein contained of the granting
of this Lease and of 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 located in the City of Clearwater, Pinellas County, Florida, to wit:
Room No. Twenty-five (25) in the Clearwater Marina
Building, located on Lots 11 and 12 of City Park Sub-
division, according to the map or plat thereof as
recorded in Plat Book 23, page 37 of the Public
Records of Pinellas County, Florida.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND
AGR EE AS FOLLOWS:
1. The term of this lease shall be for a period of Fifty-four months,
beginning on the 1 st day of April, 1981, and ending on the 30th day of
September, 1985.
2. The Lessee hereby covenants and agrees to pay rental therefor
in the total sum of $5,400.00, payable in equal monthly installments of
$100. 00 each, payable in advance on or before the 1 st day of each month
during the term hereof, commencing with the 1st day of April, 1981, to be
payable until the total rental hereunder has been paid in full.
3. The demised premises shall be used only for the purpose of
conducting therein the business of a real estate office for the brokering of
sales and rentals of real property; and the demised premises shall not be
used for any other purpose during the term hereof.
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 (10) 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 a tenant at
sufferance, and the entire principal amount of rental for the entire term her eof
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 him under the laws of
the State of Florida.
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5. The Lessee shall pay to the proper public authorities any personal
property tax levied on this lease and 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
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 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
preII1-ises 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 in front of the demised
premises and an appropriate 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; provided, 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, completely remove any and all signs on the plate glass
window, 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 suifer 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 heat and air conditioning for the premises and to
maintain the neces sary air conditioning and heating equipment at Les sori s
expense. Lessee hereby agrees to pay the appropriate pro- rata share of the
cost of operating such air conditioning and heating equipment, which cost shall
be determined by the Lessor and billed to the Lessee monthly.
9. The Lessee hereby covenants to pay all bills for electric current
and other services to the premises requested by the Les see 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 what-
soever in connection with the use and occupancy of said premises. 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. If the demised premises are declared by the City Commission to
be needed for any public purpose, then this lease may be cancelled by the City
upon six (6) months written notice to the Lessee and the Lessee waives any
claim for damages from the City as a result of such cancellation and the
Lessee may cancel this lease for any reason upon giving six (6) months
written notice to the Lessor. In case of demolition and reconstruction of the
Marina or major renovation by construction, the Lessee shall be given the
first opportunity to bid for similar space, provided that space for Lessee's
type of business is allocated therein.
11. 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 prepaid,
and addressed to the party for whom intended at such party's address first
herein specified or to such other address as may be substituted therefor by
proper notice hereunder.
12. This leas e merges and supers edes 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 hereunder and any
said breach, default or waiver shall be deemed to be continuing unless and
until specifically waived in writing by the Lessor.
13. In the event the L~ssor retains an attorney to enforce any of the
provisions of this lease, or renewals of orcddenda 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 attorney's fees.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
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City C1erk
LESSOR
Witnesses:
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BR UeE LITTLER, INC. /"l
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President c.,,/
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Attest:
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Secretary
(Corporate Seal)
J,..ESSEE
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