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ASSIGNMENT OF LEASE FROM ERNEST A. BARGER JR AND ROSALIE M. MULDER ''-, , I ASSIGNMENT OF LEASE THIS AGREEMENT made and entered into this 24th day of September, 1980, is by and between ERNEST A. BARGER, JR. and ROSALIE M. MULDER, hereinafter called the "Assignors", and JO ANN HOMSHER, hereinafter called the "Assignee": R E C I TAL S: WHEREAS, a lease was executed on November 30, 1978, by and between The city of Clearwater, Florida, a municipal corporation, as Lessor, and Assignors as tenants by the terms of which Slip #153, including the 70' by 10' dock abutting the north side of Slip #152 at the Clearwater Marina located on Lot No. 10 of city Park Subdivision, according to the map or plat thereof as re- corded in Plat Book 23, page 37 of the Public Records of pinellas County, was leased to the Assignors as tenants for a term of forty-five (45) months, commencing on the 1st day of January, 1979, and ending on the 30th day of september, 1982, subject to earlier termination therein provided; and WHEREAS, the Assignors now desire to assign this lease to the Assignee and the Assignee desires to accept the assignment thereof: ASS I G N MEN T: NOW, THEREFORE, for and in consideration of the sum of Ten Dollars, the receipt of which is hereby acknowledged, and the agreement of the Assignee hereinafter set forth, the Assignors hereby assign and transfer to the Assignee and her heirs, executors, administrators and assigns, all of their right, title I I agrees to and does accept the assignment and in addition, expressly assumes and agrees to keep, perform and fulfill all the terms, covenants, conditions and obligations required to be kept, including the making of all payments due to or payable on behalf of the tenant under said lease when due and payable BINDING ON SUCCESSORS This agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns. EXECUTED the day and year first above written ASSIGNORS ~~R' ASSIGNEE ~M~ RO}>AL;I:E .Mo MUTIDE.R , ~ "/::.'/ I~..~ rL/*,/# 7?~ ;f'~~:V This instrument was prepared by RICHARD R. LOGSDON, P. A., 1423 S. Ft. Harrison Avenue, Clearwater, Florida 33516. I , CONSENT TO ASSIGNMENT OF LEASE The city of Clearwater, Florida, a municipal corporation, being the Lessor of that certain lease under date of November 30, 1978, by and between the city of Clearwater, Florida, and ERNEST A. BARGER, JR. and ROSALIE M. MULDER, as Lessees, and Assignors of the Assignment of Lease executed herewith, pursuant to paragraph 4 of the original lease of November 30, 1978, hereby gives its written consent to the assignment of the lease as executed between the Assignors and the Assignee. ~,.<:; .~' ,. -'" I By ""'" COUI1t.-e'ff;loigned: L_i"'~~~;~"'Ido f" .', ..",.i~;. ," t.._.t~,>tl""'I-tt,,,,,, ..~~ ,.f'\'~1 -~r--d;!",),'i':'" .'-~ Ih ~,:_-r:,...l ';;," il: ,oI,,~.; . . ~.f:"~~f *'!l~~r._~p,. .,li\;~",~k, 'I".. ,'MI. " Mayor-Commissioner ,Q. l / """.;I" as to form & - . LEASE AGREEMENT THIS LEASE, dated this 30th day of November , 1978, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called the Lessor, and ERNEST A. BARGER, JR. and ROSALIE M. MULDER, hereinafter called the Lessees; WIT N ESSE 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 acknowledgedby the Lessor; the balance shall be payable in equal monthly installments of $130.00 each, payable in advance on or before the 1st day of each month during the term hereof until the total rental has been paid. 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 without the prior consent of Lessor. ~. 1 -- . 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 without the 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 ,.! " .. , . -- -- 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 responsible insurance 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. 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 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 breach or default or failure of the Lessees hereunder shall be deemed a waiver of any subsequent breach, default or waiver of the Lessees 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 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. ~, ~'.- ; tI ~ IN WITNESS WHEREOF, this lease is executed as of the date first herein written. CITY OF CLEARWA TER, FLORIDA Countersigned: I sl Charles F. LeCher Ma yor - C onuni s sione l' By Is/Jeffre'y'E. Butler Acting City Manager Attest: Approved as to form &: correctness: Isl Thomas A. Bustin City Attorney I s I Lucille Williams City Clerk Witnesses: I s I Henrietta Haggman I s I Dorothy M. J ohannson AS TO CITY I s I William E. Ray- -ls/- Ernest A... Barger" 'Jr.. Ernest A. Barger, Jr. (SEAL) Is/LesterC. Bernard AS TO LESSEES --I s I Rosalie, M., ,Mulder."... Rosalie M.. Mulder '-(SEAL)