THREE YEAR LEASE EXTENSION
LEASE AGREEMENT
. qc."
THIS LEASE AGREEMENT, made and entered into this L1L- of ~, 2003, by
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporatibn,
hereinafter referred to as "Lessor", and David Petrik, d/b/a Marina Dental & Denture Clinic,
P.A., 25 Causeway Boulevard, Clearwater, Florida 33767, hereinafter referred to as "Lessee."
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 three (3) years 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 $48,747.96 for the thirty-six month term of this
lease, which shall be paid in equal monthly payments of $1,354.11. 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.
Page 1
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 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 all bills for electrical service to the
premises when due, which service shall be provided by Florida Power Corporation, or the
City of Clearwater, in accordance with the company's rates and billing. 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
Page 3
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;
(1) Terminate Lessee's right to possession under this lease and re-enter
and take possession of the premises, and re-let or attempt to re-let the premises on behalf of
Lessee; however, such re-letting or attempt to re-let 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
Page 5
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. Any nonconforming
sign now on the premises shall be removed by the Lessee within 30 days of approval of the
lease. The Lessee shall, upon expiration or termination of the lease, 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 the 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 materialmen 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, and agrees to release and hold the
lessor harmless from any damages resulting thereof.
15. Lessor covenants and agrees that upon payment by Lessee of the rents herein
Page 7
Countersigned:
Mayor-Commissioner
Approved as to form:
-&~l1/=
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By
~.~-u
William B. Horne, III
City Manager
Attest:
(l~c.. )j". D.~
~a:h~a.E~~oudea~.
,;...-
City Clerk" ..
Dr. David Petrik, DDS
By: l)(?~ ;:,~~ m~~
Dr. David Petrik, DDS
Page 9
Exhibit "C"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this day of , 2003, by David Petrik, City of
Clearwater, County of Pinellas, State of Florida, herein referred to as "Personal Guarantors:,
being the owners respectively, of Marina Dental & Denture Clinic, P.A., herein referred to as
"Obligor:, to CITY OF CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater,
Florida 34618-4748, 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 a dental and denture clinic.
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 remaining 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 current lease period.
Page 11