CONDITIONAL ASSIGNMENT AND ASSUMPTION OF LEASE
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CONDITIONAL ASSIGNMENT OF LEASE
In consideration of the sum of One Dollar ($1.00) and other good and valuable
considerations, the undersigned, Thomas C. Wolkowsky and Patricia A. Wolkowsky~ d/b/a
Pirates Pantry, hereby sells~ transfers and assigns.ajhof its right, title~ and interest in and to that
certain lease dated the L q""" day of~~ 200~ and between the CITY OF CLEAR W A TER~
FL DA~ a mu icipal corporati#J as L~ssor~ and the undersigned, as Lessee~ to
· t- ~ d/b/a Pirates Pantry, effective as of t ~ 2003
which said lease cov s room 4 on the Ground Floor in the Clearwater Marina Bui ding~ located on
Lots 11 and 12 of CITY PARK SUBDIVISION, Clearwater Beach~ Clearwater~ Florida.
IN WITNESS WHEREOF~ Thomas C. Wolkowsky and Patricia A. Wolkows~/b/a
Pirates Pantry ~ through its offices have caused this instrument to be executed this / day
of~, 2003.
Witnesses:
~;/L, ~~ fJiVYi
~~
Pirates Pantry
~ (!.1JJ~tv,
We. .wolkowskr. /
k~a.V
Patricia A. W olkowsky
This Assignment of Lease is conditional upon approval of the Clearwater City Commission.
CONDITIONAL ASSUMPTION OF OBLIGATIONS UNDER LEASE
The undersigned, , / ,4 . ~ ' . /, in consideration of the above and
foregoing Assignment of Lease to them, and further consideration of the consent thereto by the
City of Clear water~ Florida~ hereby assume and agree to perform each and every covenant and
obligation of said Thomas C. Wolkowsky and Patricia A. Wolkowsky~ d/b/a Pirates Pantry~
accruing under the Lease, effective as of l"{\..G~1 l ~ 2003~ and for the remainder of the term
thereof. l ~
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of
~, ,2003.
Witnesses:
;1,~~ f.JJZ~
Pira:..s_p~
~. /e
~d~ ,
C:M~/ (~J 1t/~-k~
Conditional Assignment of Lease - Pirates Pantry
) q,-O 17 '-D I
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Exhibit "C"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
A::2 Gu~an is made this 4!f:- day of ~ ~ 2003~ by
~.f" If. n . ity of Clearwater~ County of Pinellas~ State of Florida~
herein referred to "Personal Guarantors: being the owners respectively~ of the Pirates
Pantry, herein referred to as "Obligor: to CITY OF CLEARW A TER~ C/O City Attorney,
P.O. Box 4748~ Clearwater~ Florida 33758~ herein referred to as "Obligee".
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to Obligor~ whose business address is 25
Causeway Blvd.) City of Clearwater~ County of Pinellas, State of Florida~ for use by Obligor
in conducting its business of a mini-mart.
2. The lease is conditioned upon guarantors giving security for payment of rent thereunder in
the form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors guarantee payment of rent under the attached lease agreement pursuant to
the terms thereof. If obligor defaults in the payment of any installment of rent~ guarantors
shall pay the amount of such installment within 30 days after receipt of notice of default and
demand for payment. Guarantor's liability hereunder shall not be affected by reason of any
extension of time for payment of any installment granted by obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the three-year term of the lease. Thereafter~
if the lease is renewed on the same terms, this guaranty shall remain in force until receipt by
obligee of written notice of revocation from guarantors, or until terminated pursuant to
Section Three hereof. Renewal of the lease on different terms shall~ at the option of the
guarantors~ operate to terminate this guaranty as of the end of the three-year period.
Pirates Pantry Room 4 Lease
Page 10
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SECTION THREE
LIMITATION OF LIABILITY
The maximum amount recoverable by obligee from guarantors pursuant to this
guarantee is $5~518.03; amount is equal to the total rent due during the initial three-year term
of the lease. If the aggregate of payments made by guarantors hereunder reaches the above-
mentioned amount~ this guaranty shall terminate immediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
~ ~ WITNESS WHEREOF, guarantors have executed this guaranty at
y 1./ D the day and year first above written.
I ,
(?,Ji, '~--fP~'
Witness
Guarantor -
fiJL.~ ~~
Witness
d~ Ii ~
Guarantor - thUl{,\ L. u.l.it~
Denis and Cheryl White Room 4 Lease
Page 11
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CONSENT TO ASSIGNMENT
The CITY OF CLEAR W A TER~ FLORIDA~ a municipal corporation, the Lessor in the
above described lease agreement, hereby consents to the foregoing assignment thereof from Thomas
C. Wolkowsky and Patricia A. Wolkowsky~ d/b/a Pirates Pantry~ and releases same from any
further obligation to the City of Clearwater.
IN WITNESS WHEREOF, this consent has been signed by and through the proper officials
of said municipal corporation, this '1"'" day of T 2003.
CITY OF CLEAR W A TER~ FLORIDA
BY:~___"'B.~ 1!
William B. Horne~ II
City Manager
Bri n J. it\ungst
Mayor-Commissioner
Approved as to form:
p~t1 7) RJ-
a. . Rutl
ASSIstant City Attorney
Attest:
~ Z. )~ ~..r~.
Cy ia E. Goudeau" .
City Clerk -:.. .-
Conditional Assignment of Lease - Pirates Pantry