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FIVE YEAR LEASE AGREEMENT (5) ~ C:.C', ,', J .." I ,r- - j LEASE AGREEMENT 1.. of THIS INDENTURE OF LEASE, made and entered into this ~C~ t,J J u . day , 1982, by and between the CITY OF CLEARWATER, a municipal corporation existing 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: WITNESSETH: 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 (II) 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 September 2, 1982, and ending September 30, 1987, subject to the following terms and conditions hereinafter set out: I. 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 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. I,.<f.. ) " I , :' ',,) I; ,';.1:.'''0<'' -1- (",j't. - '...,' , .- 9,lr: J/cf';; /9(),tf /1- '1' -~.~ ~ J I 4. It is further provided, however, that if at any time in the future, improvements or additions of a permqnent 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 3 of this lease, the Lessor shall pay over to the Lessee the cost of such additions and improvements, less depreciation. 5. 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 Leseee 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 Lessee hereby covenants to pay all bills for electric current, gas, telephone or other utilities for which a separate charge is made against said property. The Lessee agrees to pay for all water supplied to the areas covered by this lease with the cost of such water service to be determined by agreement of the parties pursuant to Section 17-9 of the Code of Ordinances of the City of Clearwater. 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 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. -2- 1IJl' '- J I 10. Tbis lease sball 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 hereunto set its hand and seal by and through its proper officials the day and year first above written. Counters igned: M~e1w~~ By Approved as to form and Attest: ~ / ~ ~j) , " , .. ~ /__I.AL1 ~ L ..lL<~~ , Cit orn y City Clerk Witnesses: CLEARWATER FLOTILLA 11-1 of the UNITED STATES COAST GUARD AUXILIARY '/J 7~ h'u/f'.~~ By t <~ 2. 'rJ ~~~ /J}, ':;Y~~L-/ fe Attest: Secretary -3-