FIVE YEAR LEASE AGREEMENT (7)
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LEASE AGREEMENT
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HTHIS INDENTURE OF LEASE, made and entered into this / day of
, 1992, by and between the CITY OF CLEARWATER, a municipal corporation
e ist ng under the laws of the state of Florida, hereinafter called the 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, hereinafter called the Lessee:
WIT N E SSE T HI
That for and 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
Eleven (11) and Twelve (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 Pine lIas
County, Florida.
TO HAVE AND TO HOLD the same for the term beginning October 1, 1992 and
ending September 30, 1997, subject to the following terms and conditions
hereinafter set out:
1. 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.
2. It is understood and agreed between the parties hereto that the
Lessee shall not make any assignments, sale or other transfer of this lease.
3. In the event that the City Commission of said Lessor should at any
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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.
4. 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 ~ime 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 3 of
this lease, the Lessor shall pay over to the Lessee the cost of such additions
and improvements, less depreciation.
s. 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 in its area.
6. 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.
7. 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 signs
as might be permitted during the term hereof.
8. The Lessor hereby will provide all electric current, water and
telephone service used by Lessee.
9. 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
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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, 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.
10. 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.
11. This lease shall be binding upon the parties hereto, their
successors, administrators and assigns.
IN WITNESS WHEREOF, said Lessor has caused this lease to be executed by its
City Manager, City Clerk, countersigned by its Mayor-Commissioner, and approved
as to form and correctness by its City Attorney, and its corporate seal to be
hereunto attached, and the said Lessee has hereto set its hand and seal by and
through its proper officials the day and year first above written.
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Attest:
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nYfJClerk ~.. ~-
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Witnesses:
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I DEP ARTMENT OF TRANSpJT A TION
UNITED STATES COAST GUARD AUXILIARY
(AUTHORIZED BY CONGRESS 19391
THE CIVILIAN COMPONENT OF THE U S
. . COAST GUARD
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DEDICATED TO PROMOTING RECREATI~NAL BOATING SAFETY
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY 'F CLEARWATER
Interdepartment Correspondence Sheet
Cyndie Goudeau, City
William C. Held, Jr.,
Elizabeth M. Deptula,
Clerk I/J / L
Harbormasterm~ ..
Assistant City Manager
U. S. Coast Guard Auxiliary Lease Agreement
September 10, 1992
Attached is the original fully executed Lease Agreement for the
Cupola Room rented to the U. S. Coast Guard Auxiliary.
Please call if you have any questions.
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W SfP I I 1992 @
CITY CU:RK t>.:'7I-r