FORTY-FIVE MONTH LEASE
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LEASE AGREEMENT
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THIS LEASE, dated this J{) day of ~ ~ , 1978,
by and between the CITY OF CLEAR WA TER, FLORIDA, a municipal corporation,
hereinafter called the Lessor, and ERNEST A. BARGER, JR. and ROSALIE
M. MULDER, hereinafter called the Lessees;
WIT N E SSE T H
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:
1. The term of this lease shall be for a period of forty-five(45)
months beginning on the 1st day of January, 1979 and ending on the 30th day
of September, 1982.
2. The Lessees hereby covenant and agree to pay as rent therefor
the total sum of $5,850.00, payable $260. 00 in advance, receipt of which is
hereby acknowledged by the Lessor; the balance shall be payable in equal
monthly installments of $130.00 each, payable in advance on or before the
lst day of each month during the term hereof until the total rental has been
paid.
3. The demised premises shall be used for the purpose of conducting
therein and thereon the sale of live and frozen bait and ice, sportfishing
equipment including heavy rods and reels, specialized bait rigs, deep sea
sportfishing equipment and other similar equipment. The sale of other
associated commodities and equipment may be permitted; however, any
use of the premises beyond the sale of bait and ice and the sportfishing
equipment outlined herein will require the prior written approval of Lessor.
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. Lessees may at their 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 over-
night ~ithout the prior consent of Lessor.
4. The Lessees hereby covenant and agree 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 Lessees hereby covenant and agree to pay the rental
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promptly on the day same becomes due, and that if said Lessees shall fail
to pay any rental installment within ten (10) days of the day same becomes
due, or if the Lessees shall violate any of the covenants, agreements or
obligations hereunder, the Lessees 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 Lessees by their default, waiving all rights of
notice, and the Lessor shall have other remedies as are available to him
under the laws of the State of Florida.
5. The Lessees 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, including taxes levied upon the leased
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 Lessees
shall have been presented with bills therefor, and provided further that nothing
herein contained shall obligate Lessees to payor to reimburse Lessor for the
payment of any such assessment for permanent improvements or betterments,
such as sidewalks or sewers or other improvements or betterments or to
reimburse Lessor for any portion of any tax not allocable to the term of
this lease.
6. The Lessees hereby covenant and agree 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 withQutthe written
consent of the Lessor. 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 Lessees 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 Lessees and without leaving any scars or marks whatsoever.
7. The Lessees may place an appropriate sign on the plate glass window
in front of the demised premises and an appropriate neon or lighted sign on
the inside of the plate glass window in front of the demised premises so long as
said signs conform to the ordinances of the City of Clearwater, Florida, presently
in force or passed during the term hereof regarding signs; provided, however,
that no sign other than the signs as aforesaid shall be painted, erected, con-
structed or maintained by the Lessees and provided further that the Lessees
shall, upon the expiration of the term hereof, completely remove any and all
signs on the plate glass window, neon or lighted signs, and such other signs
as might be permitted during the term hereof.
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
Lessees against any damage and expense which Lessees 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 Lessees
peaceful and quiet enjoyment of the premises during the term hereof. The
Lessor further agrees to furnish free of charge all water used by the Lessees
on the demised premises and agrees to furnish a refuse disposal location
outside of the premises for the use of the Lessees, and also to furnish heat
for said premises.
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9. The Lessees hereby covenant to pay all bills for electric
current, fresh water and other services to the premises requested by
the Lessees within ten (10) days after each of said bills shall have been
rendered. The Lessees further covenant and agree prior to taking posses-
sion of said leased premises to obtain liability insurance from a
. responsibUrinsurance company protecting all persons and property
entering upon said premises during the period of this lease, and Lessees
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 Lessees
further covenant and agree to operate the business conducted on the
premises during the entire year of each year of the term hereof and
during each and every month of the term hereof. Les sees further
covenant and agree to furnish Lessor with copies of the aforementioned
insurance policies.
10. If the demised premises are declared by the City Commission
to be need for any public purpose, then this lease may be cancelled by
the City upon sixty (60) days written notice to the Lessees and the Lessees
waive any claims for damages from the City as a result of such cancellation
and the Lessees 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 Lessees shall be
given the first opportunity to bid for similar space, provided that space
for Lessees. type of business is allocated therein.
ll. 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 filed with the telegraph company, postage or charges
prepaid, and addressed to the party for whom intended at such party's
address 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 Lessees 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 br.~a~~1iWclefault":~r.f~iluz,&.,()fthe':bess:etis h-,u'e'imtler
s.hall....cbedeeJneli.cca;~Lv~r of any subsequent breach, default or waiver of
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the Lessees hereunder, and any said breach, default or waiver shall be
deemed to be continuing unless and .un.til specifically waived in writing by
the Lessor
13. In the' event the Lessor retains an attorney to enforce any of
the provisions of this lease, or renewals of or addenda to this lease, or
to the effect the enforcement of any legal right of the Lessor against the
Lessees, the Lessees hereby agree to pay to the Lessor all costs of
said enforcement including court costs and reasonable attorney's fees.
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IN WITNESS WHEREOF, this lease is executed as of the date
first herein written.
Countersigned, . ~
&silr .~
Witnesses:
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AS TO LESSEES
CITY OF CLEARWA TER, FLORIDA
By . j~/^
{1c~J it Manager.
Attest:
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City Clerk
{_;" It. r(IUdft)}
rnest A. Barger, . r.
(SEAL)
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(SEAL)
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