ONE YEAR LEASE AGREEMENT
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LEASE
THIS AGREEMENT OF LEASE made on this ~ day of (Jtf;t:.. ,2000, by and
between CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to
as referred to as "LANDLORD" and PINELLAS COUNTY, a political subdivision of the State
of Florida, 201 Rogers Street, Clearwater, Florida 33756, hereinafter referred to as the
"TENANT" .
WITNESSETH
In consideration of the rent hereinafter agreed to be paid by the TENANT to the LANDLORD,
and in consideration of the covenants of the respective parties hereto, each to the other to be
performed by them at the time and in the manner hereinafter provided. The parties agree as
follows:
1. Premises: The LANDLORD does hereby lease and let unto the TENANT and the
TENANT does hereby hire from the LANDLORD Sixty-three (63) reserved, numbered, and
paved parking spaces located in City Parking Lot Number 15, located at 111 Pierce Blvd., on the
west side of the City Hall Building located at 112 S. Osceola Avenue, Clearwater, Florida., as
shown on Exhibit "A" attached hereto.
2. Access: TENANT will share access of Premises with LANDLORD for the unpaved
parking lot lying north ofthe Premises for tennis players and overflow City employee parking.
3. Term: The term of this Lease will be for one (1) year commencing on the day the
TENANT vacates the County-owned Northwest Parking Lot located at 310 Court Street,
Clearwater, Florida, for construction of a parking garage by Tenant located at 310 Court Street,
Clearwater, Florida. The anticipated date is October 1,2000.
4. Renewals: This Lease will become a month to month lease not to exceed twelve (12)
additional months after the expiration of the one (1) year term.
5. Rent: TENANT shall pay LANDLORD FIFTEEN ($15.00) DOLLARS per leased space
which equates to the sum of NINE HUNDRED FORTY FIVE ($945.00) DOLLARS per month.
6. Use: TENANT shall use the Premises for reserved parking for TENANT's employees'
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vehicles and TENANT's vehicles.
7. Improvements: LANDLORD grants permission for TENANT to stripe, place reserved
signs, and number parking spaces. Upon termination ofthe Lease, TENANT agrees to return the
Premises to the LANDLORD in as good condition as at the effective date of this Lease, subject
only to normal wear and tear.
8. Assignment: The TENANT may not assign this Lease or otherwise encumber any part of
the Premises. Violation of this covenant shall render the Lease automatically terminated and
void.
9. Fiscal Fundinf:: In the event that funds are not appropriated by the TENANT in any
succeeding fiscal year for purposes described herein, then this Lease shall be deemed to
terminate at the expiration of the fiscal year for which funds were appropriated and expended,
without penalty to TENANT.
10. Insurance and Indemnification:
A. TENANT shall maintain insurance coverage and limits as hereinafter provided. The
insurance coverage required herein may be provided by TENANT by self-insurance, by self-
funding, by purchase, or any combination thereof at the sole option ofthe TENANT. Insurance
coverage and limits shall be evidenced by delivery to the LANDLORD of letters of self-
insurance or self-funding executed by TENANT's Risk Manager, or by certificates of insurance
executed by either the agent for the insurers or the insurers or by copies of policy declaration
pages. Such letters, certificates, and policy declaration pages shall list coverages (including the
amount of insurance per claim and per occurrence, any gap in coverage, and the amount of the
excess insurance) and policy limits with expiration dates and major policy terms and
endorsements. Upon the specific written request ofthe LANDLORD, a certified copy of each
applicable insurance policy, including all endorsements, will be provided to the LANDLORD.
The following insurance requirements shall remain in effect throughout the term of this Lease:
(a) Workers' Compensation coverage as required by law, and Employers'
Liability Insurance of not less than $100,000 for each accident.
(b) Commercial General Liability (CGL) Insurance with minimum limits of
liability for personal injury, death, and property damage of not less than
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$100,000 per person, and not less than $200,000 per occurrence.
(c) Commercial Auto and Truck Liability covering owned or hired vehicles with
minimum limits for personal injury, death, and property damage of not less
than $100,000 per person and $200,000 per occurrence.
(d) Excess liability insurance in excess of the primary coverage required herein
of at least Two Million Dollars ($2,000,000) combined single limits. In
compliance with this requirement, TENANT may maintain an excess liability
insurance policy with a Self-Insured Retention of at least $1,000,000.
B. Each insurance policy carried by TENANT shall include the following conditions by
endorsement to the policy.
(a) Each policy shall require that thirty (30) days prior to expiration,
cancellation, non-renewal or any material change in coverage or limits, a
notice thereof shall be given to LANDLORD through its Risk Manager.
TENANT shall also notify LANDLORD within seventy-two (72) hours after
receipt of any notices of expiration, cancellation, non-renewal or material
changes in coverage received by said TENANT from its insurer.
(b) Companies issuing an insurance policy, or policies, shall have no recourse
against LANDLORD for payment of premiums or assessments for any
deductibles, which are the sole financial responsibility of TENANT.
(c) The policy clause "Other Insurance" shall not apply to any insurance
coverage currently held by LANDLORD to any such future coverage, or to
LANDLORD's Self-Insured Retention of whatever nature.
C. Indemnification: The parties agree to be responsible for their own respective acts and
omissions resulting in or causing any damages or injuries. Nothing herein is intended to serve as
a waiver of sovereign immunity by either party. Nothing herein shall be constructed as consent
by eithe: party to be sued by third parties in any manner arising out of this Lease.
11. Termination: Either Party may terminate this Lease upon notifying the other party of its
intention to terminate in writing sixty (60) days prior to the termination date.
12. Notices: All notices to the TENANT shall be sent Certified or Registered mail, return
receipt requested until LANDLORD is otherwise notified in writing:
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Real Estate Management Division
c/o Ellyn Kadel, Real Estate Manager
201 Rogers Street
Clearwater; Florida 33756
All notices and payments to the LANDLORD will be sent to the following address:
City of Clearwater Public Works Administration/Parking System
Attention: Tracey Bruch
P. O. Box 4748
Clearwater, FL 33758-4748
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Lease in
triplicate the day and year first above written.
By:
Print
Title.
LANDLORD
CITY OF CLEARWATER, FLORIDA
By: tf);>>~d~Jr
Print Name: William B. Horne, II
Title: Interim City Manager
COUNTERSIGNED:
(SEl..L)
Approved as to Form
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By. : '
pri~ame: Jane Ha man
AssIstant City Attorney
ATTEST:
: Cynthia E: Goudeau
Clerk
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TENANT
PINELLAS COUNTY, FLORIDA,
By and through its Board of County Commissioners
(\\~~
\ Chairman
Print Name: ;(o~&/l.-r i5. Sn::~lh1..r
. (SEAL)
APPROVED AS TO FORM os\) 6JECT ~
fll.Cl~ E:~~c.\J'qo"" \S'1 c.4:.,AI~~
BY:~~
Assistant Sr. County Attorney
Print Name: Sarah Richardson
9/5/00/12000235
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