THREE YEAR LEASE AGREEMENT (2)
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this ~of ~, 1997, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, he:Ireferred to as
"Lessor", and the CLEARWATER FLOTILLA 11-1 of the UNITED STATES COAST GUARD
AUXILIARY, a governmental organization of Clearwater, Florida, sponsored and administered by the
United States Coast Guard, 25 Causeway Boulevard, Clearwater, Florida 34630, hereinafter referred to as
"Lessee."
WITNESETH:
That in consideration of the sum of One Dollar ($1.00) and other good and valuable
considerations to it in hand paid, the receipt whereof is hereby acknowledged, and in further consideration
of the covenants herein contained on the part of the Lessee to be kept and performed, the said Lessor does
hereby lease, let and demise unto the said Lessee, the following described property:
The Cupola room atop the third floor of the Clearwater Marina building, said
building being located on Lots 11 and 12 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 COVENANT AND AGREE AS FOLLOWS:
1. The term of this lease shall be for three (3) years beginning October 1, 1997, and ending
September 30, 2000. The Lessor retains the right to terminate this lease for any municipal
need consistent with the Lessor's charter; and, in addition, Lessor may terminate this lease
if the Sate of Florida or any of its agencies or political subdivisions thereof acquire the
demised property or any portion thereof for a public purpose.
2. It is understood and agreed that the leased premises are to be used solely as a communications
center and control point for operations of the United States Coast Guard Auxiliary. It is further
understood and agreed that the leased premises shall be used only for public purposes, and that in
no event shall the Lessee permit the premises or any portion thereof to be used for a purely
private or individual purpose. It is likewise understood and agreed that all alteration and
installation expenses incident to the above shall be borne by the Lessee, and that any significant
alteration of the demised premises shall require prior approval of the Lessor.
, 3. It is understood and agreed between the parties hereto that the Lessee shall not make any
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assignments, sale or other transfer of this lease.
4. In the event that the City Commission of said Lessor should at any time during the existence of
this lease decide that said leased premises or any part thereof is needed for any purpose, the lease
shall thereupon cease and terminate after thirty (30) days written notice to the Lessee.
5. It is further provided, however, that if at any time in the future, improvements or additions of a
permanent or lasting nature are made to said premises, and at the time of the making of said
additions and improvements, the City Manager of the Lessor corporation is notified in writing of
the cost and nature of same, and his written approval is obtained, then and in that event, and
upon the cancellation of this lease in the manner set forth in paragraph 4 of this lease, the Lessor
shall pay over to the Lessee the cost of such additions and improvements, less depreciation.
6. The said Lessee covenants and agrees to make no unlawful, improper or offensive use of said
demised premises nor to permit its use in any way to become a nuisance to other users of the
property ill Its area.
7. Lessee agrees to maintain the interior of said premises and keep the same in good repair and to
quit and deliver up at the termination of the lease the premises and all permanent fixtures on said
premises in as good condition as it now is or shall be at the time of addition to said property,
ordinary wear, decay and damage by the elements only excepted.
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
thereof 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 signs as might be permitted
during the term hereof.
9. The Lessor hereby will provide all electric current, water and telephone service used by Lessee.
10. It is further agreed between the parties hereto that in the event said Lessee should breach any of
the covenants herein contained or should the demised premises cease to be used by the Lessee for
the purposes herein set forth for a period of thirty (30) days at any time after the inception of this
lease, then said Lessee shall become a tenant at sufferance and the said Lessor shall have the right,
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privilege and option after notice in writing to said Lessee of the breach of said covenants or
agreements, to declare this lease terminated, and in which event said Lessor shall be entitled
immediately to re-enter and retake possession of said demised premises.
11. The Lessee assumes full responsibility for and covenants and agrees to indemnify and hold
harmless the Lessor, its agents and employees, from and against any and all actions, claims, losses
or expenses (including attorney's costs) for any damages because of bodily injury, personal injury
or property damage, including loss of use thereof, resulting from the Lessee's use or occupancy of
the demised premises.
12. This lease shall be binding upon the parties hereto, their successors, administrators and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hand and seals, this 5tL day of
"nul' ,1997.
CITY OF CLEARWATER, FLORIDA
By:
Eliza
Approved as to form:
Attest:
9~
John Carassas
Assistant City Attorney
~WYJhw, ~G-. 0vL
kvCyntr.i.~E. G~deau ' ~
o City Clerk .
Witnesses:
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; Clearwater
To:
Leo Schrader, Risk Manager~
John Carassas, Assistant City Attorney
Cyndie Goudeau, City Clerk
From: William C. Held, Jr., Harbormaster
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I nteroffice Correspondence Sheet
CC: File
Date: April 3D, 1997
RE: U. S. Coast Guard Auxiliary Lease Agreement
Attached are two (2) original Lease Agreements for the U. S. Coast Guard Auxiliary. Their
lease will expire on September 3D, 1997. The City Manager is authorized to approve three
(3) year Lease agreements with existing Marina building tenants.
Please review and forward to the next person on the above list. I request that the City
Clerk forward to the City Manager for final approval. Thank you.
RECEIVED
MAY 0 1 1997
RISK MANAGEMENT
RECEIVED
MAY 0 2 1997
CITY ATTORNEY
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UNITED STATES COAST GUARD AUXILIARY
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DEPARTMENT OF TRANSPORTATION
iAU.,....ORI1EO 8Y CO"4GRESS '939'
THE CIVILIAN
Anthony P. Wright, FC 11-1
1421 Court Street, Suite E
Clearwater, Fl. 34616
CP.~,o,N.cN.T "O'J>....\lH~~S. COAST GUARD
4-10-97
APR 17 1997
HARbv'-.'.'....,Jo .:....'" vrrlCE
William Held
City of Clearwater Harbormaster
25 Causeway Blvd.
Clearwater Beach, Fl. 34630
Mr. Held,
Per our conversation of 4-10-97, on behalf of U.S. Coast Guard
Auxiliary Flotilla 11-1 (Clearwater), I herby request an
extension of our lease on the cupola room atop the Clearwater
Marina Building which we use as our operations and communications
facility.
The current lease expires on lO-1-1997 and we request an
extension until 10-1-2000. The communications facility is vital
for our aids to navigation, safety and regatta patrols. When we
are on patrols, we are on official orders from the U.S. Coast
Guard Station at Sand Key and are required to maintain radio
contact with the patrol vessel at all times.
Without the Communications facility we would be unable to provide
patrols for the events sponsored by the Clearwater Sailing
Center, the Clearwater Yacht Club or any City of Clearwater
events such as the annual Clearwater Christmas Boat Parade or the
Fourth of July fireworks event.
As you are aware, our Flotilla has provided the City of
Clearwater with not only a myamid of patrols but also an ongoing
Public Education Program, Courtesy Vessel Examination Program and
Marine Dealer Visitation Program. .
After the many years of aid and assistance we have provided on a
volunteer basis to the City of Clearwater, I feel it would
certainly be mutually beneficial for the City to renew our lease
under the same conditions as previous years.
If you have any questions, please contact my office at 446-1063
or my home during evening hours at 446-0574.
Thank you in advance for your consideration.
o
Anthony P. Wright
U.S.C.G. A iliary
Flotilla Commander
DEDICATED TO PROMOTING RECREATIONAL BOATING SAFETY