FIVE YEAR LEASE
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LEASE AGREEMENT
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THIS LEASE, dated this ~ day of , 1982,
by and between the CITY OF CLEARWATER, FLORI lA, a municipal corporation,
hereinafter called the Lessor, and JO ANN HOMSHER, hereinafter called
the Lessee;
WITNESSE TH
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 14' 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 sixty (60) .months
beginning on the 1st day of October, 1982 and ending on the 30th day of September,
1987.
2. The Lessee hereby covenants and agrees to pay as rent therefor the
total sum of $14,499.60, payable $449.99 in advance, receipt of which is hereby
acknowledged by Lessor by reason of a previous advance payment under the
previ0us lease; the balance shall be payable in equal monthly installments of
$241.66 each, payable in advance on or before the 1 st day of each month during
the te,,'m hereof until the total rental has been paid.
3. In addition to the rental payment set out in paragraph two (2) Le s see
in addition agrees ~o pay to Lessor the total additional sum of $12,500.00, which
sum include s both principal of $8,800. 00 plus intere st at the rate of. 130/0 per
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annum, calculated over five years, such sum to be payable over the life of this
lease agreement. Such sum represents the total cost of improvements being
made to the leasehold premises. Lessee agrees to pay such sum at the rate of
$208. 33 per month. The obligation set out in this paragraph is exclusive of
that set out in paragraph two (2) and shall remain as an obligation on the part of
the Lessee whether or not this lease agreement is in effect. Should lessee
default in the obligation set out in this paragraph or should the lea se agreement
terminate leaving a balance still due, then, Le ssor may declare the total
remaining balance of principal plus inte re st on such remaining balance to be
immediately due and may apply to the appropriate Court for relief if such sum
is not immediately remitted.
4. The demised premises shall be used for the purpose of conducting
therein and thereon the sale of live and frozen bait and ice, sale, rental and
repair of sportfishing equipment including but not limited to 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 sport-
fishing 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. Lessee may at her option provide facilities for the
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mooring of customers. boats on the North and East sides of the above dock.
No mooring facilitie s may be provided on the South side of such dock.
No boat of any kind except non-passenger-carrying bait boats may be
docked at the leased dock overnight without the prior consent of Lessor.
5. 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
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 prinicpal 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 her default, waiving all rights of notice, and the
Lessor shall have other remedies as are available to them under the laws of the
State of Florida.
6. 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, including taxes levied upon the leased
premises, prior to the date upon which paytnent 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 improvements or betterments or to
reimburse Lessor for any portion of any tax not allocable to the term of this
lea se.
7. The Lessee hereby covenants and agrees to keep and maintain the
premise s and fixture s 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 Lessee and without leaving any scars or marks whatsoever.
8. The Lessee may place appropriate signs on 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,
constructed or maintained by the Lessee and provided further that the Lessee
shall, upon the expiration of the term hereof, completely remove any and all
such signs and such other signs as might be permitted during the term hereof.
9. 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
any lien, encumbrance, re striction or defect in the title to or de scription herein
of the premise s. The Le s sor further covenants and agree s to allow the Les see
peaceful and quiet enjoyment of the premise ~ during the term hereof. The
Lessor further agrees to furnish free of charge all water used by the Lessee
on the demised premises and agrees to furnish a refuse disposal location
outside of the premises for the use of the Lessee.
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10. The Lessee hereby covenants to pay all bills for electric
current and other services to the premises requested by the Lessee
within ten (10) days after each of said bills shall have been rendered.
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 Le ssee 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 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. Lessee further covenants and agrees to furnish Lessor with copies
of the aforementioned insurance policie s.
11. If the demised premises are declared by the City Commission
to be needed for any public purpose, then this lease may be cancelled by the
City upon sixty (60) days written notice to the Lessee and the Lessee waives
any claims 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 cancellation by Lessor under this
section, Le s see agree s to immediately repay the remaining balance of the
$8,800.00 at 13% interest referred to in paragraph 3. In case of demolition
and reconstruction of the :Nlarina 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 aUocated therein.
12. Notices hereunder shall be given only by registered letter of
telegram and shall be deemed given when the letter is deposited in the mail
or the telegram filed with the telegraph company, postage or charge s
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.
13. This lease merges and supersedes all prior negotiations,
repre sentations and agreements, and constitute s 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 unle ss and until specifically waived in writing by
the Lessor.
14. 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 Le ssor against the
Lessee, the Lessee hereby agrees to pay to the Lessor all costs of
said enforcement including court costs and reasonable attorney's fee s.
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IN WITNESS WHEREOF. this lease is executed as of 1he date
first herein written.
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C ounte r signed:
Mayor-Commi
A tte st:
&:
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City Clerk
LE SSOR
Witnesses:
'B'~'" tJt&J..1Ur
LL~.~
'As to City
Qt/J~2~~
(SEAL
LESSEE
Lessee
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