CONDITIONAL ASSIGNMENT OF LEASE & CONSENT TO ASSIGNMENT
CONDITIONAL ASSIGNMENT OF LEASE
In consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the
undersigned, Denis A. White and Cheryl L. White, d/b/a Pirates Pantry, here:? sells, transfers and "
assigns all of its right, tide, and interest in and to that certain lease dated the day of ~~Jt.. , 2001 r J
by and between the CITI OF CLEARWATER, FLORIDA, a municipal corporation, as~nd the
undersigned, as Lessee, to Thomas C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Pirates Pantry,
effective as ofTune 1. 2004 which said lease covers room 4 on the Ground Floor in the Clearwater Marina
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Building, located on Lots 11 and 12 of CITI PARI< SUBDIVISION, Clearwater Beach, Clearwater,
Florida.
IN WITNESS WHEREOF, Denis A. White and Cheryl L. White, d/b/a Pirat, Pantry, through
its offices have caused this instrument to be executed this a? 3 day of ~ l , 2004.
Witnesses:
!aiL~- iC1vYi
;i31:LJ
Denis A. White
G~c{lJ.ik
Cheryl L. White
This Assignment of Lease is conditional upon approval of the Clearwater City Council.
CONDITIONAL ASSUMPTION OF OBLIGATIONS UNDER LEASE
The undersigned, Thomas C. Wolkowsky and Patricia A. Wolkowsky, in consideration of the
above and foregoing Assignment of Lease to them, and in 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 Denis A. White and Cheryl L. White, d/b/a Pirates Pantry, accruing under the Lease,
effective as of Tune 1. 2004, and for the remainder of the term thereof.
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/J A. ,iN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of
~,2004.
Witnesses:
Pirates Pantry
t~~ /JP~
Conditional Assignment of Lease - Pirates Pantry
1'/.('./ --0/
Exhibit "C"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this.&- day of I}', 7, 2004, by~~,~ C . t) rdJ/t /
Thomas C. Wolkowsky and -6--tt.. Patricia A. Wolkowsky, City of 't.
Clearwater, County of Pinellas, State of Florida, herein refe d to as "Personal Guarantors: being
the owners respectively, of the Pirates Pantry, herein referred to as "Obligor: to CITY OF
CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater, Florida 33758, herein referred to
"Obli "
as gee .
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
aJ;TI.ount 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 1WO
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.
_m~m_~mm__'___"___W___~_"_mmm___m__M_~_.~_________...____~__~~m_~__."'___..m~.~__m__..._._._.___.._~______.___.____.m__m_._...__.~~.___m_._____,___~"~~,~_,_..______..___
Denis 1\. and Chery! L \Nhite . Room 4 Pirates Lease
SECTION THREE
LIMITATION OF LIABILITY
The maximum amount recoverable by obligee from guarantors pursuant to this guarantee is
$11,923.56, which 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.
IN WITNESS WHEREOF, guarantors have executed this guaranty at the Clearwater
Municipal Marina the day and year first above written.
!o./t.I~R I~WJ'
Witness
-ib"~ c. IJlL'1
Guarantor - Thomas C. W olkowsky
Witness
Denis A. "pd
L White F~oom 4 Pirates Pantry Lease
CONSENT TO ASSIGNMENT
The CITY OF CLEARWATER, FLORIDA, a municipal corporation, the Lessor in the above
described lease agreement, hereby consents to the foregoing assignment thereof from Denis A. White and
Cheryl L. White, 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 d..!;;-6/.. day of p ~r~ 2004.
Countersigned:
it! ~ fo~
BrG"n J. Aungst
Mayor
By.
William B. Horne, II
City Manager
WATER, FLORIDA
:-B, ~ 7J.
Attest:
~~4'.,,~~
r~;;t~er\: Goudeau ..~.. .
Conditional Assignment of Lease - Pirates Pantry