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FIVE YEAR LEASE AGREEMENT (2) " I I f,' , " LEASE AGREEMENT THIS INDENTURE OF LEASE, made and entered into this ;2!l d day of January, 1972, 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 POWER SQUADRON, INC., a non-profit corporation existing under the laws of the State of Florida, and the UNITED STATES COAST GUARD AUXILIARY, a governmental organization of Clearwater, Pinellas County, Florida, sponsored and administered by the United States Coast Guard, hereinafter called the Lessees; 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 her'eby acknowledged, and in further consideration of the covenants herein contained on the part of the Lessees to be kept and performed, the said Lessor does hereby lease, let and demise unto the said Lessees the following described property: The area West of the Hall on the second floor of the Clearwater Marina Building and the ell, tside Open-Deck area located on the Second Floor at the West End of the Clearwater Marina Building, said building being located on Lots Eleven (11) and Twelve (12) of CITY PARK SUB- DIVISION according to the map or plat thereof as recorded in Plat Book 23, page 37 of the Public Records of Pinellas County, Florida. TO HAVE AND TO HOLD the same for the term beginning January 20, 1972, and ending January 19, 1977, 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 for conducting community-wide activities of the Clearwater Power Squadron and the United States Coast Guard Auxiliary under the supervision of a Joint House Committee of the aforesaid organizations, said activities to include a monthly meeting of the Clearwater Power Squadron, a monthly meeting of the United States Coast Guard Auxiliary, and classes in the various navigational courses by the Clearwater Power Squadron. The -1- j1tJ41-3 J I leased premises shall also be used as a lounge for out-of-town boatmen visiting the Clearwater Marina. It is likewise understood and agreed that the purposes for which the property is used shall be public purposes, and that in no event shall the Lessees permit the premises or any portion thereof to be used for a purely private or individual purpose. Nothing herein contained shall prevent the Lessees from permitting private organizations to engage the premises from time to time for their business or social functions, so long as all private organizations desirous of engaging said premises have an equal opportunity for the engagement of said premises, and so long as the use of the premises is not converted from a public to a private use. 2. It is understood and agreed between the parties hereto that the Lessees 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, this lease shall thereupon cease and terminate after thirty (30) days written notice to the Lessees. 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 time of the making of said additions and improve- ments, 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 Lessees the cost of such additions and improvements, less depreciation. 5. The said Lessees covenant and agree 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 property in its area. -2- I I 6. Lessees agree to maintain the interior of said premises and ke 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 Lessees may place an appropriate sign on the plate glass window in front of the demised premises and an appropriate neon or lighted sign on the inside of the plate glass window in front of 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 Lessees and provided further that the Lessees shall upon the expiration of the term hereof completely remove any and all signs on the plate glass window, neon or lighted signs, and such other signs as might be permitted during the term hereof. 8. The Lessees hereby covenant to pay all bills for electric current, gas, telephone or other utilities for which a separate charge is made against said property. The Lessor agrees to furnish free of charge all water used by the Lessees on the leased premises and agrees to furnish a refuse disposal location outside of the premises for the use of the Les sees. 9. It is further agreed between the parties hereto that in the event said Lessees should breach any of the covenants herein contained or should the demised premises cease to be used by the Lessees for the purposes herein set forth,for a period of thirty (30) days at any time after the inception of this lease, then said Lessees shall become tenants at sufferance and the said Lessor shall have the right, privilege and option after notice in writing to said Lessees 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. -3.. . ~. ,,' J I 10. 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- Conunissioner, and approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached, and the said Lessees have hereunto set their hands and seals by and through their proper officials the day and year first above written. ?~~~ A~~:l\.A-Y'" )-iaA~~.~- /I I h ,AP.p.~.r &. c.or.rectn.ess: '-:; '~ / City Attorney Attest: .I fi r/~~-/ C[f'Clerk .', Witnesses as to execution by City of Clearwater: Atte st: Q~O e1i4...,~'\J Secretary CLEARWATER POWER SQUADRON, INC. By r d: ~ 04'r, Conunander V Witnesses as to execution by Clearwater Power Squadron, Inc.: / UNITED STATES CAOST GUARD AUXILIAR Y ) By ~~/~// Conunander Atte st: ~~~1JJJJ~ Secretary Witnesses as to execution by U. S. Coast Guard Auxiliary: -4-