REVISED PAGES 9, 10, AND 17 OF THE LEASE AGREEMENT
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1200 GULF L1F
March 25, 1994
Mr. Peter F. Gozza, Executive Director
Community Redevelopment Agency
City of Clearwater
112 S. Osceola Avenue, Third Floor
Clearwater, FL 34616
Re: Former Maas Brothers Building
Clearwater, FL VIA FEDERAL EXPRESS
Dear Pete:
Here are your copies of revised pages 9, lO, and 17, all of
which have been initialed by Jack. I have kept one set of these
pages and inserted them in the signed lease received from you
this morning. At this point, the only unfinished detail on the
leases is completion of Exhibits A and B, which I understand you
are working on.
Also, as discussed, we need as-built plans on the building
as soon as possible so we can proceed with our plans.
Pete, we appreciate your efforts and look forward to a
mutually profitable relationship with the City of Clearwater.
1 Allen
of Real Estate
WMA/sgo
Enclosures
RECEIVED
MAR 28 1994
CITY CLERK DEPI
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(;)
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of this Lease, Lessor's consent shall not be required for (1)
Lessee's transfer of this Lease in conjunction with a sale of
substantially all of its assets, or (ii) Lessee's subletting or
otherwise qranting conoessions for the use of portions of the
Premises by conoessionaires in a manner consistent with the
operation of Lessee's other stores.
(b) If this lease is assigned, or if the Premises or any part
thereof are sublet or occupied by anybody other than the Lessee, no
such assignment, subletting, occupancy or. collection shall be
deemed a release of the Lessee as guarantor from the further
performance by the Lessee of covenants on the part of the Lessee
herein contained. If at any time during the term of this lease
Lessee desires to assign the lease or sublet the Premises, the
Lessee shall notify the Lessor in writing of such proposed assignee
or subtenant. The Lessor shall within 30 days advise the Lessee if
it has any objeotions thereto and the detailed reasons therefor.
The Lessee shall have 30 days from reoeipt of said objections
within which to try to convince the Lessor of the unreasonableness
of its objections, failing which the Lessor may terminate this
lease upon notice to Lessee within the times and as provided in
Section 20(a) and Section 27, unless Lessee withdraws its
assignment or sublease notice.
13. Alterations, Signs, Liens.
(a) Lessor shall not make any material structural or other
changes in the common areas of the Shopping Center (including
without limitation changes which would affect traffic flow and
parking patterns, visibility of the Premises from public roads
abutting the Shopping Center, or convenient pedestrian and
vehicular access to the Premises), and Lessee shall not make any
structural changes in the Premises, without the prior written
oonsent of each other which consent shall not be unreasonably
withheld or delayed.
(b) Lessee shall have the riqht to install, at its expense,
permanent signs on the canopy or sign band of the Premises and on
any sign pylons within or serving the Shopping Center, which signs
shall be of a design comparable to the signs on Lessee's other
stores as of the date of this Lease, and shall be of a size,
material and quality of construction compatible with the other
tenants' slgns within the Shopping Center. No sign of any type
will be posted, erected, or otherwise placed in view of the general
public unless permitted by the sign regulations of the Lessor, as
they now exist or as they may be amended from time to time durinq
the term of this lease, subject to the provisions of Seotion 31
relating to the adoption of nondiscriminatory rules and
regulations.
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[This space deliberately left blank.]
(0) Lessee shall also have the right to make non-structural
alterations to the Premises, provided that Lessee shall construct
such alterations in a good and workmanlike manner, in accordance
with law.
(d) The interest of the Lessor shall not be aubject to liens
for improvements made by Lessee. Lessee shall notify every
contractor making improvements to the Premises or to the Shopping
Center under a contract with the Lessee of this prohibition against
liens. The parties agree to execute, acknowledge and deliver
without charge a Memorandum of Lease, in recordable form,
oontaining a confirmation that the interest of the Lessorsha+l not
be subject to liens for improvements made by Lessee to the
Premises. The Lessee agrees to indemnify and save harmless the
Lessor by reason of any mechanic's lien which may be asserted as a
claim against the leased property as a result of Lessee's Work or
any other alteration or improvements performed by or on behalf of
Lessee.
14. Repairs.
(a) By Lessee. Lessee shall maintain all non-structural
portions of the interior of the Premises, together with all of
Lessee's exterior signs and the Premises' heating, ventilation and
air conditioning e~uipment, in good order and repair, except for
damage by Lessor, ~ts agents or employees, and except for normal
wear and tear. Lessor shall assign all applicable manufacturer's
and installer's warranties for the Premises' heating, ventilation
and air conditioning equipment to Lessee; provided, however, that
Lessee shall not by reason of such aseignment have exclusive rights
or remedies against such manufacturers or installers nor shall
Lessee be deemed to have a property interest in any such equipment
purchased by Lessor.
(b) By Lessor. Lessor ehall maintain all of the remainder of
the Shopping Center and the Premises in qood order and repair at
Lessor's expense, except' for damage by Lessee, ite agents or
employees.
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certifying that all conditions under this Lease to be performed by
the other party have been satisfied (or setting forth any
exceptions to that statement), (9) certifying that there are no
defenses or offsets against the enforcement of this Lease (or
stating those claimed, if any), (f) stating- the amount of ,advance
rental, if any (or none if such is the case), paid by Lassee, (9)
certifying the date to which rental has been paid, (h) establishing
the precise interior floor area (computed as specified in Section
1 above) of the Premises, and (i) containing such other
certifications, warranties or information concerning the status of
the Lease and the parties' performance hereunder as may from time
to time be reasonably requested.
33. Entire Agreement, .Etc. This Lease sets forth the entire
agreement between the parties. Any prior conversations or writings
are merged herein and extinguished. No subsequent amendment to
this Lease shall be binding upon Lessor or Lessee unless reduced to
writing and siqned -by the party sought to be charqed. The captions
and numbers appearing herein are inserted only as a matter of
convenience and are not intended to define, limit, oonstrue or
describe the scope or intent of any Section, nor in any way affect
the interpretation of this Lease.
34 . Additional Occupants. The Premises occupied by Lessee
hereunder consists of the second or "middle" floor of an existing
three-story building formerly occupied by Maas Brothers department
store. Lessor and Lessee acknowledge that other parties occupying
all or any portion of the first or third floors of the former Maas
Brothers building may have an adverse impact on Lessee's business,
particularly if such other parties I use is not compatible with
Lessee's use or if such use reduces the number of parking spaces
available to Lessee's customers. Accordingly, Lessor hereby agrees
that it will not lease or sell or otherwise permit occupancy of the
first or third floors of this building without Lessee's prior
written consent to the proposed tenant, purchaser or occupant,
which consent Lessee will not withhold unreasonably.
35. Municipal Recapture. The Lessor retains the right to
terminate this lease for any municipal need consistent with the
Lessor's charter. This right of termination shall be in addition
to the right of termination set out elsewhere in this agreement;
provided, however, Should the Lessor terminate this agreement
pursuant to this section, the Lessor shall pay the Lessee an amount
equal to twice the average annual store profits for the Premises
mul tiplied by the number of years remaining in the unexpired
Primary Term plus an amount equal to one times the average annual
store profits for the Premises multiplied by the number of years
remaininq in the unexpired Extension Term. Such payment shall be
made within twenty (20) days following notice to Lessor of the
amount due, which notice shall include the amount of the average
annual store profits for the Premises and the method by which such
amount was calculated.
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