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CERTIFICATE OF INSURANCE (2) AllstateE CERTIFICATE OF INSURANCE ~ ALLSTATE INSURANCE COMPANY D ALLSTATE INDEMNITY COMPANY D ALLSTATE TEXAS LLOYDS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured CITY OF CLEARWATER PLANNING & PINELLAS COUNTY ARTS COUNCIL URBAN DEVELOPMENT 400 PIERCE BLVD PO BOX 4748 CLEARW A TER CLEARWATER FL 34618-4748 J I FL 34616-5133 This is to certify that policies of insurance listed below have been Issued to the insured named above subject to the expiration date indicated be- low, notwithstanding 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, TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number 49 649518 Date 10/01/96 Date 10/01/97 Limit Amount GENERAL AGGREGATE L1MIT(Other than Products-Completed Operations) $ 1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 1,000,000 PERSONAL AND ADVERTISING INJURY LIMIT $ 500,000 EACH OCCURRENCE LIMIT $ 500,000 PHYSICAL DAMAGE LIMIT $ 50,000 ANY ONE LOSS MEDICAL EXPENSE LIMIT $ 5,000 ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS'L1ABILlTY Number . Date Date Coverage Limits WORKERS' COMPENSATION STATUTORY - applies only in the following states: BODILY INJURY BY ACCIDENT $ EACH ACCIDENT EMPLOYERS' BODILY INJURY BY DISEASE $ EACH EMPLOYEE LIABILITY BODILY INJURY BY DISEASE $ POLICY LIMIT Policy Effective Expiration AUTOMOBILE LIABILITY Number 49649518 Date 10/01/96 Date 10/01/97 Coverage Basis Limits ANY AUTO OWNED AUTOS HIRED AUTOS Combined Single Limits of Liability ~ODILY INJURY & PROPERTY DAMAGE~ 500,000 I EACH ACCI DENT SPECIFIED AUTOS x NON-OWNED AUTOS Split Liability Limits Bodily Injury Property Damage Each OWNED PRIVATE PASSENGER AUTOS $ PERSON OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UMBRELLA LIABILITY Policy Number Effective Date Expiration Date EACH OCCURRENCE I GENERAL AGGREGATE I PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ I $ I $ OTHER(Show Policy Effective Expiration type of Policy) Number Date Date DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CANCELLATION Number of days notice FRANK L MASSARO SR 08/12/96 Authorized Representative Date Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to mail within the number of days entered above, written notice to the certificate holder named above, But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives, U10523-2 Page 1 of 1 II BU114-2 YOU'RE IN GOOD HANDS WITH ALLSTATE', il/~, AlIstate@ CUSTOMER NUMBER: '102984 ADDITIONAL INSURED IPKG/MONO) CITY OF CLEARWATER A TTN CITY CLERK PO BOX 4748 CLEARWATER, FL. 34618-4748 BOOTH: AE6 PLRO: 41 II I I RulATE: 10-24-95 010 49 649518 17 00 002 OPERID:TDP ..0 '" Q Cl' M N M .. > w :..: !z ~ co: c. w co: III BU114-2 YOU'RE IN GOOD HANDS WITH ALLSTATE@ AlIstate@ . . POLICY NUMBER: 49649518 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): nn. ... n2.Nameof PersonnQfnOrganization(Additionalmlnsured):n CITY OF CLEARWATER ATTN CITY CLERK PO BOX 4748 CLEARWATER FL 34618-4748 3. Additional Premium: $ INCLUDED (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurances does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. RECEIVED OCT 2 7 1995 Rn CL%:~K our.. CG2011 11 85 Copyright, Insurance Services Office, Inc" 1984 Page 1 of 1 II I BU114-2 YOU'RE IN GOOD HANDS WITH ALLSTATE@ ~ Allstate@ I- ALLSTATE INSURANCE COMPANY BUSINESS INSURANCE R9SS ENOORSEMENTS INSURED NAME: PINELLAS COUNTY ARTS COUNCIL POLICY NUMBER: 049649518 INSURANCE TYPE: 52 REQUESTED DATE: 09-11-95 01:50 PM BOUND EFF DATE: 09-11-95 01:50 PM ** R999 - MTG/LPC/AI/AOOITIONALINTERESTS .* ADDf DEL TYPE A A NAMEl ADDRESS : CITY PROP COV: LOCtI: BLDG# 0001 001 CITY OF CLEARWATER PO BOX 4748 CLEARWATER BLD REASON FOR ADDITIONAL INTERESTS LESSOR ATTN CITY CLERK STATE: FL ZIP: 34618-4748 TYPE OF AODL INSURED: LP Allstate Insurance Company Northwood Plaza 3030 Enterprise Rd, Clearwater, FL 34619 Pinellas 796-0408 Pasco 376-8355 Res 531-1511 Allstate- J're in good hands. ,,\STR? :0"'" -5- i? OIlOR ~, FRANK L.. MASSARO. SR. Senior Account Agent RECEIVED SEP 1 4 1995 C;frY Cl.ER.K DEPT. Page of Allstate" CERTIFICATE OF INSURANCE I8J ALLSTATE INSURANCE COMPANY D ALLSTATE INDEMNITY COMPANY D ALLSTATE TEXAS LLOYDS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured I I PINELLAS COUNTY ARTS COUNCIL 400 PIERCE BLVD CLEARWATER FL 34616-5133 This is to certify that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated be- low, notwithstanding 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, TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number 49649518 Date 10/01/94 Date 10/01/95 Limit Amount GENERAL AGGREGATE L1MIT(Other than Products-Completed Operations) $ 1,000,000 .------.- - PRODUCTS-COMPLETED OPERATIONSAGGREGATElJMIT .,. l . Looo,oOO ......PERSONAL AND-ADVERTISINGINJURYUMIT $_ 50 OJ 000-. EACH OCCURRENCE LIMIT $ 500,000 PHYSICAL DAMAGE LIMIT $ 50,000 ANY ONE LOSS MEDICAL EXPENSE LIMIT $ 5,000 ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' LIABILITY Number Date Date Coverage Limits WORKERS' COMPENSATION STATUTORY - applies only in the following states: BODILY INJURY BY ACCIDENT $ EACH ACCIDENT EMPLOYERS' BODILY INJURY BY DISEASE $ EACH EMPLOYEE LIABILITY BODILY INJURY BY DISEASE $ POLICY LIMIT Policy Effective Expiration AUTOMOBILE LIABILITY Number 49649518 Date 10/01194 Date 10/01/95 Coverage Basis Limits ANY AUTO OWNED AUTOS HIRED AUTOS Combined Single Limits of Liability BODILY INJURY & PROPERTY DAMAGEI$ 300,000 I EACH ACCIDENT SPECIFIED AUTOS X NON-OWNED AUTOS Split Liability Limits Bodily Injury Property Damage Each OWNED PRIVATE PASSENGER AUTOS $ PERSON OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UMBRELLA LIABILITY Policy Number Effective Date Expiration Date EACH OCCURRENCE I GENERAL AGGREGATE I PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ I $ I $ _._- u --.- u_uu_ _ ,_ - OTHER(Show Policy Effective Expiration type of Policy) Number Date Date DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTlONS/SPECIAL ITEMS CANCELLATION Number of days notice FRANK L MASSARO SR 10/23/95 Authorized Representative Date Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to mail within the number of days entered above, written notice to the certificate holder named above, But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives, U10523.2 Page 1 of 1 II I III BUl14-2 YOU'RE IN GOOD HANDS WITH ALLSTATE@ Allstate@ , ALLSTATE INSURANCE COMPANY BUSINESS INSURANCE R999 ENDORSEMENTS INSURED NAME: PINELLAS COUNTY ARTS COUNCIL POLICY NUMBER: 049649518 INSURANCE TYPE: 52 ~ REQUESTED DATE: 09-11-95 01:50 PM BOUND EFF DATE: 09-11-95 01:50 PM ** R999 - MTG/LPC/AI/ADDITIONALINTERESTS ** AOOf DEL TYPE A A NAMEl ADDRESS : CITY PROP COV: REASON FOR ADDITIONAL INTERESTS LESSOR ATTN CITY CLERK LOCtI: BLDGtI: 0001 001 CITY OF CLEARWA'rER PO BOX 4748 CLEARWATER BLD p# STATE: FL ZIP: 34618-4748 TYPE OF AODL INSURED: LP Page of RECEIVED SEP 1 4 1995 'frY CLER.K DEPT. . . //,.... 'r-",.< ", I~S:..J\ t [Ii i(~r ~~>._ /~}.d,(<}\ ~\. f''::i(."I._...I....' ,~r.. ......~. ....\\'. .e, ~ \. ..( \ ,i ' ., , ~ ." :.::iJn~,' "',I , " '- u___" ,r,~,:rVi': ,'t ... \ ,,~ .cJi\,.:::',\ \~ _'l..:.)'~\\' "'~''- ,..,./<'"'," -----lf~yE-\\ ({';>,. -_:..-__.,... ~',. /. ~ I / C I T Y OF CLEARWATER POST OFFICE BOX 4748 CLEARWATER. FLORIDA 33518 March 16, 1993 Ms. Judith Powers-Jones Executive Director Pinellas County Arts Council 400 pierce Blvd. Clearwater, FL 34616 Dear Ms. Powers-Jones: I have reviewed the three bids concerning asbestos removal and recommend the low bidder, Act Inc. of Land O'Lakes, Florida. This recommendation is based solely on their description bf work to be done and being the lowest bidder. Please feel free to contact me if any other assistance is needed. Sincerely, "~) ~ . ~~\~ steven S. Kelly Superintendent, Bldg. & Maint. Div. cc. Betty Deptula, Assistant city Manager IVaI Mahan, systems and Projects Manager AlIstate@ ~ , CERTIFICATE OF INSURANCE [] ALLSTATE INSURANCE COMPANY D ALLSTATE INDEMNITY COMPANY D ALLSTATE TEXAS LLOYDS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, CERTIFICATE HOLDER NAMED INSURED I I Name and Address of Party to Whom this Certificate is Issued CITY OF EA ATER PLANNING & ~ URBAN D OPMENT '0 ~ f\~rf\ P 0 BO 7 ..u CLEA ATE FL 34618 Name and Address of Insure PINELLAS COUNTY ARTS COUNCIL 400 PIERCE BLVD CLEARWATER FL 34616-5199 EPT. This is to certify tha policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated be- low, notwithstanding 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, TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number 49649518 Date 10/01/92 Date 1 % 1/93 Limit Amount GENERAL AGGREGATE L1MIT(Other than Products-Completed Operations) $ 1, 000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 1, 000,000 PERSONAL AND ADVERTISING INJURY LIMIT ..... ...... $ 500,000 EACHoCcURRENCE LIMIT . . -...-......... $--... - ...500-;000 .. . PHYSICAL DAMAGE LIMIT $ 50,000 ANY ONE LOSS MEDICAL EXPENSE LIMIT $ 5,000 ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' LIABILITY Number Date Date Coverage Limits WORKERS' COMPENSATION STATUTORY - applies only in the following states: BODILY INJURY BY ACCIDENT $ EACH ACCIDENT EMPLOYERS' BODILY INJURY BY DISEASE $ EACH EMPLOYEE LIABILITY BODILY INJURY BY DISEASE $ POLICY LIMIT Policy Effective Expiration AUTOMOBILE LIABILITY Number 49 649518 Date 10/01/92 Date 1 % 1/93 Coverage Basis Limits ANY AUTO OWNED AUTOS HIRED AUTOS Combined Single Limits of Liability BODILY INJURY & PROPERTY DAMAGE~ 300,000 I EACH ACCIDENT SPECIFIED AUTOS X NON-OWNED AUTOS Split Liability Limits Bodily Injury Property Damage Each OWNED PRIVATE PASSENGER AUTOS $ PERSON OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UMBRELLA LIABILITY Policy Number Effective Date Expiration Date EACH OCCURRENCE I GENERAL AGGREGATE I PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ I $ I $ OTHER(Show Policy Effective Expiration type()f Policy) .-. Number Date Date .. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CANCELLATION Number of days notice FRANK L MASSARO SR 08/12/92 Authorized Representative Date Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to mail within the number of days entered above, wn%'c notice to the certificate holder named above, But failure to mail such notice shall impose no obligation or liability,of an ind upon the company, its agents or representatives, U10523.2 . 9J Cfid~OIts. Page 1 of 1 , ~ 1IIIIIr~/~M BU114-2 YOU'RE IN GOOD HANDS WITH ALLSTATE@ AlIstal1r ....:..... CUSTOMER NUMBER: ~02984 RUNlATE: 08-13-92 ADDITIONAL INSURED IPKG/MONDl 010 49 649518 15 00 000 CITY OF CLEARWATER PLANNING & URBAN DEVELOPMENT POBOX 4748 CLEARWATER, FL. 34618 BOOTH: AE6 PLRO: 41 OPER ID: LSC 11' III '-lI 1'1\ ~ 1'1\ co > w :or: ~ z ~ Q: ~ W Q: III II III BU114-2 YOU'RE IN GOOD HANDS WITH ALLSTATE@ AlIstate~ ~:,.>.. I I Commercial General Liability POLICY NUMBER: 49649518 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: - - --..--'- --.- .- CITY OF CLEARWATER PLANNING & URBAN DEVELOPMENT POBOX 4748 CLEARWATER FL 34618 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG2010 11 85 Copyright, Insurance Services Office, Inc" 1984 Page 1 of 1 III I BU114.2 YOU'RE IN GOOD HANDS WITH ALLST A TE@ .". ] " .' I LEASE AGREEMENT HAVEN HOUSE - ARTS COUNCIL ~ This lease agreement is made and entered into this ~~ day of 1992, by and between the city of clearwater, a Flo da mun1c1pality, herein called the "Lessor", and the Pinellas Cou y Arts Council, a non-profit membership organization formed under Florida statute 265.32, herein called the "Lessee". This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: Article I. Article II. Article III. Article IV. section Article V. Article VI. Article VII. section section section section Article VIII. section section section Article IX. Article X. Article XI. section section section section Article XII. Article XIII. Article XIV. Article xv. Article XVI. Article XVII. ARTICLES TITLE TERM LEASEHOLD RIGHTS AND RESPONSIBILITIES 1. Use of Premises 2. Maintenance of Premises 3. Repair and Improvements 4. utilities 5. Quiet enjoyment LEASE RENTAL FEES AND PAYMENTS TAXES INSURANCE 1. Minimum Scope of Insurance 2. Minimum Limits of Insurance 3. Additional Named Insured 4. Verification of Coverage DAMAGE TO OR DESTRUCTION OF PREMISES 1. Reparable Damage 2. catastrophic Damage 3. Waiver of Recovery Rights LIABILITY AND INDEMNIFICATION AMERICANS WITH DISABILITIES ACT NON-DISCRIMINATION 1. No Exclusion From Use 2. No Exclusion From Hire 3. Observation of Various Laws 4. Breach of Nondiscrimination Covenants DISCLAIMER OF WARRANTIES ASSIGNMENT OF LEASE DEFAULT AND TERMINATION RADON GAS ADVISORY NOTICE EFFECTIVE DATE WIT N E SSE T H : WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and premises now known as the Haven }'-". House; and ee;~_J Vm~ 1 t,,) . , I I WHEREAS, Lessee desires to use such premises for public purposes; and WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: ARTICLE I. TITLE The title of this lease is the Haven House - Arts Council lease. ARTICLE II. TERM The term of this lease shal be for a period of five (5) years commencing on the First day of 1992 and continuing through the ~I ~ day of ,1997 ( the Termination Date), unless earlier terminated.unde he terms of this agreement. Lessor extends a first option to Lessee to renew this lease agreement, for an additional five (year) lease period, upon the same terms and conditions and subject to Lessee not being in default under the terms and provisions of this lease. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: All of lot 2 and North 75.0 feet of Lot 1, Block 5, Clearwater Harbor, Florida, comprising A. C. TURNER'S SUBDIVISION of part of section 16, Township 29 South, range 15 East, as surveyed April, 1984, by C. E. Worth, C.S., according to map or plat thereof as recorded in Deed Book "K", page 475, of the Public Records of Hillsborough county, Florida, of which pinellas County was formerly a part. (Also known as Haven House, 400 pierce Boulevard.) ARTICLE IV. RIGHTS AND RESPONSIBILITIES section 1. Use of Premises. Lessee shall use the demised premises for an office and meeting space and for no other purpose. Lessee covenants and agrees to make no unlawful, improper, oroffensive use of the leased premises. At the termination of this lease, Lessee agrees to return premises to the Lessor in as good condition as at the effective date of this agreement. section 2. Maintenance of premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. 2 ~ . . I I section 3. Renairs and Imnrovements. a. Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If.the property's physical condition falls into a state of disrepair in the opinion Of the city Building Official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b. Repairs, alterations or premises shall become the property or expiration of this lease or otherwise indicated by the Lessor. improvements attached to the of Lessor upon the termination any extension hereof unless Section 4. electrical and delinquent. utilities. Lessee utility services shall before pay all bills for such bills become Section 5. ouiet Eniovment. Upon paying the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. ARTICLE V. LEASE RENTAL FEES AND PAYMENTS Lessee shall pay a total rental of Five (5) Dollars plus applicable sales taxes. ARTICLE VI. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the parties. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. A comprehensive General Liability policy covering the leased premises and activities occurring thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Insurance procured in accordance with this article shall have minimum coverage limits of $ 100,000/$300,000 Bodily Injury and $ 10,000 Property Damage. 3 I I section 3. Additional Named Insured. Each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, its officials, employees or volunteers. section 4. Verification of Coveraqe. Lessee shall furnish the Lessor with certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager before execution of this Lease agreement by authorized City officials. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES section 1. ReDarable Damaqe. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction of the city's Building Official. A $2,000 bond to guarantee the completion of such restoration shall be posted with the Lessor by the Lessee upon the execution of this lease by both parties to this agreement. section 2. catastroDhic Damaqe. In the event of total destruction of or catastrophic damage to the demised premises, 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. section 3. Waiver of Recovery Riqhts. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 & 2 above which is covered by insurance. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. 4 "s., I I ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans with Disabilities Act of 1990 ( known as the ADA ). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree, that: section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benef its of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. Section 3. Observance of Various Laws. The lessee shall observe the following laws: section I of the 14th Amendment, The Equal Pay Act, The civil Rights Acts of 1866 and 1870, the vietnam Era Veterans Readjustment Act, the standards of Merit system Personnel Administration, Executive Order 12246 as amended, Revised Order 4; the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans with Disabilities Act of 1990. section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations(CFR) Part 21 have been followed and completed, including expiration of appeal rights. 5 " .1; I I ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises" or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XIV. DEFAULT AND TERMINATION section 1. Termination bv Lessee. This Agreement shall be subject to termination by Lessee in the event of anyone or more of the following events: a. Lessor determines at a duly constituted City Commission meeting that the building or property (said premises) is needed for' other municipal services and serves Lessee with sixty (60) days notice of such intended use. b. Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. c. Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. section 2. Termination bv Lessor. This Agreement shall be subject to termination by the Lessor in the event of anyone or more of the following events: a. The material default by Lessee in the performance of any of the terms, covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. b. The Lessor determines that a municipal need exists consistent with the City's charter. c. Lessee's vacating or abandoning the premises. section 3. Exercise. Exercise of the rights of termination set forth in Article 1 and 2, above, shall be by notice to the other 6 .~ . "... I I party. Forbearance of timely notice shall not be deemed a waiver of any breach. section 4. Removal of Pronerty. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may . effect such removal at Lessee I s expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. section S.Causes of Breach and Waiver. a. Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to of failure of Lessee to provide the amounts of insurance contained in Article VII of the Agreement. b. The waiver of any breach, violation or default in or with respect to the performance or Observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereofw ARTICLE XV. RADON GAS ADVISORY As required by section 404.056 (8), Florida Statutes, the Lessee shall take note 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. ARTICLE XVI. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to Lessor, addressed to: city Manager city of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 7 , ..~: I I 2. If to Lessee, addressed to: Executive Director Pinellas County Arts Council 400 pierce Boulevard Clearwater, Florida ARTICLE XVII. EFFECTIVE DATE The effective date of this lease shall be the fir~t day of ~/~ ,1992. o IN WITNESS WHEREOF, the parties hereto have set their hands and seals this d~ day of , 1992. ER, FLORIDA Approved as to form and correctness: Attest: ~ /" M.A. city ~. -t~. fiL)-i) L-- a E. Goudeau _- " - lerk - witnesses as to Lessee: 1d1 h1 Cj (4 vL- !7~ PINELLAS COUNTY ARTS COUNCIL BY:~ Ju 1 th Po ers .... Executive Director ~ f./:)~o ) . ~.~ ~ ~: ~/;)1Iqa.. 8