THREE YEAR LEASE AGREEMENT (5)
LEASE AGREEMENT
THIS LEASE AGREEMENT, is entered into this 1st day of June, 2003, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Lessor", and, Bruce Littler, Inc., a Florida corporation, Room 26,25
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, June 1,
2003, and ending, May 31,2006. The Lessor retains the right to terminate this lease
for any municipal need consistent with the Lessor's charter, as well as failure to pay
rent in a timely manner or change in use of the property. 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 $8,538.84 for the thirty-six month term of this
lease, which shall be paid in equal monthly payments of $237.19. 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 1 st of each year of the lease.
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 cover Lessor's expenses in collecting such delinquency.
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c. In addition to the first month's rent of $237.19, which is due and
payable on the first day of the lease, the Lessee shall pay $46.79 in advance as a
deposit plus tax 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.
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. 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 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
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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 plus tax a month 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 thereon, and the Lessor determines that said demised
premises can be restored by making appropriate repairs, the monthly rent as provided
for in paragraph 2a above shall abate until the demised premises have been restored or
until commencement of business by the Lessee, whichever is sooner.
If the demised premises shall be totally destroyed or so damaged as to render it
practically useless during the term of this lease, then and in that event, the Lessee or
Lessor may terminate this lease as of the date of such damage or upon thirty (30) days
written notice to the other party to this lease.
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In the event of damage or destruction as enumerated above, and except as
otherwise specifically provided under this agreement, both parties waive any and all
rights of recovery against the other party for any direct or indirect loss occurring to the
demised premises or as a result of damage or destruction of the demised premises.
In the 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.
10. Except as otherwise provided herein, upon the happening of anyone or
more of the following events ("Events of Default"):
a. Lessee's default in the payment of any rental or other sums due for a
period of five (5) days after the due date;
b. Lessee's continued default with respect to any other covenant of this
lease for a period of fifteen (15) days after receipt of written notice. of such default by
Lessee from Lessor, provided that if such default reasonably requires more than fifteen
(15) days to cure, there shall be no Event or Default if Lessee has commenced curative
action with the fifteen (15) day period and diligently prosecutes such action to
completion;
c. There shall be filed by or against Lessee in any court pursuant to any
statute either of the United States or of any state, a petition in bankruptcy or insolvency
or for reorganization or arrangement, or for the appointment of a receiver or trustee of
all or a portion of Lessee's property, or if Lessee makes an assignment for the benefit of
creditors or if there is an assignment by operation of law, or if Lessee makes application
to Lessee's creditors to settle or compound or extend the time for payment of Lessee's
obligations, or if execution, seizure or attachment shall be levied upon any of Lessee's;
property or the premises are taken or occupied or attempted to be taken or occupied by
someone other than Lessee; however, in the event of execution, seizure or attachment,
Lessee may post a bond satisfactory to Lessor which bond shall stay the default
resulting from any execution, levy, seizure or attachment for a period of 120 days.
Failure to remove the levy, seizure or attachment within the 120 day period shall
constitute an Event or Default, and the bond posted shall be forfeited; or
d. Lessee's vacating or abandoning the premises; then Lessor, at its
option, may exercise anyone or more of the following remedies which shall be
cumulative;
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(1) Terminate Lessee's right to possession under this lease and re-
enter and take possession of the premises, and re-Iet or attempt to re-Iet the premises
on behalf of Lessee; however, such re-Ietting or attempt to re-Iet shall only involve a
prospective tenant capable of providing comparable or better type service, at such rent
and under such terms and conditions as Lessor may deem best under the
circumstances for the purpose of reducing Lessee's liability, and Lessor shall not be
deemed to have thereby accepted a surrender of the premises, and Lessee shall
remain liable for all rents and additional rents due under this lease and for all damages
suffered by Lessor because of Lessee's breach of any of the covenants of this lease.
Said damages shall include, but not be limited to, charges for removal and storage of
Lessee's property, remodeling and repairs, leasing, commissions and legal fees. In
addition to its remedies hereunder, Lessor may accelerate all fixed rentals due under
this lease, in which event the Lessee shall be liable for all past due rent, accelerated
rent and damages as described above; however, with respect to the accelerated rent,
Lessor shall receive only the present value of such accelerated rent. At any time during
repossession and re-Ietting pursuant to this subsection, Lessor may by delivering
written notice to Lessee, elect to exercise its option under the following subparagraph to
accept a surrender of the premises, terminate and cancel this lease, and retake
possession and occupancy of the premise on behalf of Lessor.
(2) Declare this lease to be terminated, whereupon the term hereby
granted and all rights, title and interest of Lessee in the premises shall end and Lessor
may re-enter upon and take possession of the premises. Such termination shall be
without prejudice to Lessor's right to collect from Lessee any rental or additional rental
which has accrued prior to such termination together with all damages, including, but
not limited to, the damages specified in subparagraph (1) of this paragraph which are
suffered by Lessor because of Lessee's breach of any covenant under this lease.
(3) Exercise any and all rights and privileges that Lessor may have
under the laws of the State of Florida and the United States of America.
11. The Lessee hereby covenants and agrees to keep and maintain the
premises and fixtures located herein 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 alteration or improvements may
be made to the premises without the written consent of the Lessor. Any and all fixtures
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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 fixtures, partitions, racks, shelves or other
improvements from the premises upon the expiration of the term of the lease at the cost
of the Lessee. Any damage to the premises occasioned by said removal shall be
repaired at the Lessee's expense.
12. The Lessee, at its own cost, may place only window, wall or canopy signs on
the demised premises, provided said signs are approved as to color, style and letter
size by the Harbormaster of the Lessor, and additionally conform to the sign ordinance
of Lessor presently in force or as may be amended from time to time during the term of
the lease. No other signs shall be placed or maintained by the Lessee on the premises.
The Lessee now on the premises, shall remove non-conforming signage within 30 days
of approval of the lease. The Lessee, upon expiration or termination of the lease, will
completely remove any and all signs that have been placed on the leased premises by
the Lessee.
13. If at any time during the term of the lease the Lessee is authorized to make
improvements to the demised premises, Lessee agrees in such event to indemnify and
save harmless the Lessor as follows:
a. For any mechanic's lien which may be asserted as a claim against the
leased property; and
b. For faithful performance of the covenants contained in paragraph 11
above; and
c. To obtain from the contractor a good and sufficient performance and
payment bond signed by a reputable insurance company doing business in Florida,
which bond shall be in an amount equal to one hundred (100%) percent of the cost of
construction of the contemplated improvements to the demised premises, guaranteeing
that the improvements will be completed and that subcontractors, laborers and material-
men will be paid in accordance with the contract for the improvements.
14. In the event of the acquisition of this property or any portion thereof by
exercise of proper authority, by any governmental agency other than Lessor, whether
by eminent domain or otherwise, it is understood and agreed that notification of the
institution of such action shall be promptly given Lessee, so the Lessee may intervene
in such action as a party. Lessee agrees to comply with the results of any such actions,
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and agrees to release and hold the lessor harmless from any damages resulting
thereof.
15. Lessor agrees that upon payment by Lessee of the rents herein provided,
and upon observance and performance by Lessee of all the covenants, terms and
conditions required by the lease, Lessee shall peaceably and quietly hold and enjoy the
leased premises for the term of the lease without hindrance or interruption by Lessor.
16. Notices shall be given by registered or certified mail, and shall be deemed
given when the letter is deposited in the mail, addressed to the party for whom intended
or to such other address as may be substituted by proper notice. Lessor's notices shall
be directed in care of its Law Department at the above-cited address.
17. As required by Section 404.056(8), Florida Statutes, the Lessee shall take
notice of the following:
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 public health unit.
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 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.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
---.L day of J-,.../V\.D , 2003.
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Countersigned:
Y~-yL ,k~
Briarttn~ (j
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
BY:~& ~......~
William B. Horne, II
City Manager
. Ru
Assistant City Attorney
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Attest: ;.: ~~ - ~
Or!yn i~O'!9",aU .. &jy
g" City Clerk . - _ .
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Exhibit "A"
LEGAL DESCRIPTION
Room 26, 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.
Exhibit "B"
INSURANCE REQUIREMENTS
1. Liability Insurance. Lessee shall maintain:
a. Comprehensive General Liability insurance to include premises/operator
liability and electrical liability in an amount not less than $500,000 combined
single limit Bodily Injury Liability and Property Damage Liability.
b. Comprehensive Plate Glass Insurance on a replacement cost basis covering
loss or damage by any means, except by fire, or war, whether declared or not, to
the plate glass windows in the demised premises.
c. Worker's Compensation Insurance applicable to its employees for statutory
coverage limits in compliance with Florida laws.
2. Additional Insurance. The City is to be specifically included as an additional insured
on all liability coverage described above.
3. Notice of Cancellation or Restriction - All policies of insurance must be endorsed to
provide the City with thirty days notice of cancellation or restriction.
4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of
the City, the Lessee shall provide the Lessor with certified copies of all policies of
insurance as required above. In the absence of a specific written request, the Lessee
shall provide the Lessor with Certificates of Insurance showing the Lessee has, at all
times, the insurance coverage required by the Lease. Unless notice is given to Lessee
otherwise, such Certificates of Insurance shall be provided to the Harbormaster. The
first Certificate of Insurance required by the lease shall be provided to the Harbormaster
before occupancy of the demised premises by the Lessee.
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Exhibit "C"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this / ff day of !)(. NlJ) , 2003, by Bruce Littler, City of
Clearwater, County of Pinellas, State olilorida, herein referred to as "Personal
Guarantors: being the owner respectively, of Bruce Littler, Inc., herein referred to as
"Obligor:, to CITY OF CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater,
Florida 33758, herein referred to as "Obligee".
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to Obligor, whose business
address is 25 Causeway Blvd., City of Clearwater, County of Pinellas, State of Florida,
for use by Obligor in conducting its business of storage.
2. The lease is conditioned upon guarantors giving security for payment of rent
thereunder in the form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors' guarantee payment of rent under the attached lease agreement
pursuant to the terms thereof. If obligor defaults in the payment of any installment of
rent, guarantors shall pay the amount of such installment within 30 days after receipt of
notice of default and demand for payment. Guarantors' liability hereunder shall not be
affected by reason of any extension of time for payment of any installment granted by
obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the three-year term of the lease.
Thereafter, if the lease is renewed on the same terms, this guaranty shall remain in
force until receipt by obligee of written notice of revocation from guarantors, or until
terminated pursuant to Section Three hereof. Renewal of the lease on different terms
shall, at the option of the guarantors, operate to terminate this guaranty as of the end of
the three-year period.
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SECTION THREE
LIMITATION OF LIABILITY
The maximum amount recoverable by obligee from guarantors pursuant to this
guarantee is $8,538.84, which amount is equal to the total rent due during the initial
three-year term of the lease. If the aggregate of payments made by guarantors
hereunder reaches the above-mentioned amount, this guaranty shall terminate
immediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
IN WITNESS WHEREOF, guarantors have executed this guaranty at
bllD -; the day and year first above written.
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Guarantor - Brucepnler
Witness
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