TWO YEAR LEASE
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LEASE AGREEMENT
THIS LEASE, dated this ! '1d' day of ~~"
1976, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter called the Lessor, and ERNEST A. BARGER, JR.,
hereinafter called the Lessee;
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 the following described premises located in the City of
Clearwater, Pinellas County, Florida, to wit:
Slip No. 153, including the 70' by 10' dock abutting
the North side of Slip No. 152, at the Clearwater Marina
located on Lot No. 10 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.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE
AS FOLLOWS:
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beginni:~ o~~:etel:r; d:fyt:~s/:~;;~;~~alll~;~~ra:I::~~~gO~~~~e(~)r:;~:~ of ~
P~~l;;elJ:1pert 1978. Lessee is granted the option to extend the lease term for
an additional period of three (3) years. The option granted herein does not
include the same rate. The rate that will govern during the extended period
shall be determined prior to the start of the new term.
2. The Lessee hereby covenants and agrees to pay as rent therefor
the total sum of $2400.00, payable $200.00 in advance, receipt of which is
hereby acknowledged by the Lessor; the balance shall be payable in equal
monthly installments of $100. 00 each, payable in advance on or before the
1st day of each month during the term hereof until the total rental has been
paid. In addition on each anniversary day of the effective date of this lease,
Les see further agrees to remit an additional sum equal to eight per c~nt (8%)
of the net revenue received from all sources generated by reason of the use of
the premises during the year.
3. The demised premises shall be used for the purpose of conducting
therein and thereon the sale of live and frozen bait and ice. The sale of
other associated commodities may be permitted; however, any use of the
premises beyond the sale of bait and ice will require the prior written approval
of Les sor.
The use of the premises to provide information, reservation or
booking service for any commercial sports fishing enterprise operated from
the Marina is expressly prohibited. Lessee may at his option provide
facilities for the mooring of customers' boats on the North and East sides
of the above dock. No mooring facilities may be provided on the South side
of such dock.
No boat of any kind may be docked alongside the leased dock overnight
without the prior consent of Lessor.
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
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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 hereof
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 notice, and the
Lessor shall have other remedies as are available to it under the laws of the State
of Florida.
5. The Lessee shall pay to the proper public authorities taxes and
license fees levied upon the personal property located in and the business
conducted on the demised 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, such as sidewalks or sewers or other improve-
ments 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
premises 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 Les sor. 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 appropriate signs on the leased premises
as long as such signs conform to the ordinances of the City of Clearwater,
Florida, presently in force or passed during the term hereof. In addition,
such signs must also conform in all respects with all rules and regulations
governing signs at the Clearwater Municipal Marina established by the Lessor's
duly authorized representative. Further, no sign may be installed without the
prior written consent of Lessor.
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 suffer 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.
, 9. Les see in addition to the rent provided herein agrees to pay such
further charges as result from providing Lessee electric current, fresh "
water and other services. 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 whatsoever in connection with the use and occupancy
of said premises. The Lessee further covenants and agrees to 'operate.th~business
conducted on the premises during the entire year of each year of the term here'0f
and during each and every month of the term hereof. Lessee further covenant
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 a public purpose, such as national emergency or related
emergencies, demolition and reconstruction of the Marina or for major renovation
by construction, then this lease may be cancelled by the City upon sixty (60)
days 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 sixty (60) days 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
is filed with the telegraph company, postage or charges prepaid, and addressed
to the party for whom intended at such party! s addres s first herein specified
or to such other address as may be substituted therefor by proper notice
hereunder.
12. This lease merges and supersedes 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 Lessor retains an attorney to enforce any of the pro-
visions of this lease, or renewals of or addenda 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.
14. Lessee agrees to provide Lessor with proof by way of a copy of
all licenses he has obtained to engage in the business to be conducted on the
premises described herein. Lessee agrees to provide this proof within sixty
(60) days following the effective date of this lease. In addition to any of the
above provisions provided herein, Les see agrees that his failure to establish
a bait and ice busines s defined in Paragraph 3 of this lease within sixty (60)
days following the effective date of this lease shall provide Lessor with an
additional reason or ground to cancel the lease agreement upon providing
Lessee thirty (30) days written notice.
IN WITNESS WHEREOF, this lease is executed as of the date first
herein written.
CITY
By
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CLEARWATER, FLORIDA
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Countersigned:
Attest:
correctness:
LESSOR
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A s to Le sse e Nolmy Pvh!;e, St~f<.; o~ Fi,,;:~r'7 ~, "
My Commz.s; r. - , ,. 'n"_,;'f"'
., ~ .Ct, (;:Xyjr{i~ S::~"I~' 10 .. :,.,_,
nded by Amerjc~lll Fire a '~~ 1.;-,
ty Ca._3_
(SEAL)
LESSEE
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Hay 21, 1976
To :__ Oi tj" of Olearwater
Mr. Birchfield, Harbormaster
This letter is a proposal to the City of Clea~water
for a lease of the North Pier of the Marina E%tension
to be used as a Bait Stand (live and frozen) - lease
for a period of two years with option to negotiate
for additional two years ninety days prior to ex-
pirationof original lease. Our proposal would in-
clude $100.00 per month, plUS 8% of net sales.
Any shelters or additions to the pier would be done
at our personal expense with the advice of the Harbor-
master so as to be an attraction to the Marina, which
would add value to the property.
If you see fit to grant this lease, n~ shall produce
the required money immediately and would like to have
this built before the completion of the parking lot.
We feel this is a needed facility and would thank you
for any courtesies you may e~tend in this matter.
S!nc~.~ely ,
f!'~.
E.A. Barger, Jr.
E.AJ3/rm