NON-DWELLING LEASE AGREEMENT - 102 SOUTH MYRTLE AVENUE
Building
105 S. Myrtle Ave.
NON-DWELLING LEASE AGREEMENT
This lease is between Warren L TO as "Lessor," and the City of Clearwater as "Lessee."
WITNESSETH
WHEREAS, Lessor has agreed to lease one (I) building for operational purposes necessary to
present the Clearwater Police Department Officer Friendly Christmas Cheer Program:
NOW THEREFORE, in consideration of the foregoing stated promises and conditions, the parties
agree to the following:
1. PREMISES
Lessor does hereby lease to Lessee certain premises designated as 105 S. Myrtle A ve.,Clearwater, Florida
33759.
2. USE
It is understood and agreed between the parties hereto and Lessee covenants that the leased premises during
continuance of this Lease shall be used only for the proper administration and operation of providing
services to the residents of Pine lias County, Florida, and for no other purpose or purposes, without the
written consent of the lessor, which may be granted or withheld in Lessor's sole discretion. Specifically,
the Lessee's intended use of this unit is for:
Clearwater Police activities as they relate to the Officer Friendly Christmas Cheer Program.
3. TERM
Except as otherwise expressly stated in this Lease, the term of this Lease shall begin on November 21,2003
and end on December 25,2003.
4. SECURITY DEPOSIT
Lessor will not be collecting a security deposit. Lessee understands that ifthere are damages beyond
normal wear and tear, lessee is liable for payment of same in full, including labor and materials required to
bring unit back to move in condition.
5. RENT
Lessee covenants that it will pay to Lessor for the use of this property the sum of zero dollars.
6. LESSEE PAYMENT OF CERTAIN UTILITY COSTS
Lessee shall arrange and pay for water, sewer, electric and gas utility expenses. In no event shall Lessor be
liable for the quality, quantity, failure or interruption of such service to the leased premises.
7. INTERIOR ALTERATIONS
It is agreed that Lessee shall not make any structural alterations or permanent improvements to the
premises without the prior written consent of Lessor. It is specifically understood and agreed that Lessor
has no obligation and has made no promises to alter, remodel, or improve the unit except as specifically
herein set forth. Lessee shall, upon the termination of the lease term, surrender the leased premises to
Lessor in the same condition as when received, ordinary wear and tear excluded.
8. MAINTENANCE AND REPAIRS
By entry thereunder, Lessee accepts the leased premises as being in good sanitary, orderly condition and
repair. Lessor agrees to maintain the building in a safe and usable condition. Lessor shall have the right to
maintain and operate all said areas and to monitor same. Should said rental unit be damaged through
Lessee's abuse, Lessee shall reimburse the Lessor for the actual cost of such repair including labor and
materials.
9. ASSIGNMENT AND SUBLETTING
Lessee may not assign or sublet this Lease in whole or in part, without prior written consent of the Lessor.
This unit is leased exclusively to Lessee.
10. INDEMNIFICATION OF LESSOR
Lessee agrees to indemnify, save, and hold the Lessor harmless from any and all claims, suits, judgments,
and liability for death, personal injury, bodily injury, or property damage arising out of Lessee's use of the
premises by Lessee, its employees, contractors, subcontractors, business invitees,or assigns, including
legal fees, court costs, or other legal expenses, provided however, that the Lessee shall not be legally liable
for any negligence of the Lessor, its employees, servants, contractors, subcontractors, assigns or the
negligence of any other party, and provided further, that the liability of the Lessee shall not, in any event,
exceed the statutory limits set forth in Section 768.28, Florida Statutes, nor shall the liability of the City
extend to any claim of the Lessor which is covered by Lessor's insurance coverage, except to the extent of
the deductibles or other losses suffered.
11. INSURANCE
Lessee is a self-insured Florida Municipal Corporation. Lessee will self insure its personal property stored
in the leased premises as well as self-insure, with excess insurance coverage as deemed appropriate by
Lessee, any third party liability of Lessee arising out of this lease.
12. ENTRY BY LESSOR
Lessor shall at any and all reasonable time have the right to enter leased premises to inspect the same
without notice.
13. MAILING ADDRESS OF LESSEE
All notices for Lessee shall be forwarded to the following address unless Lessor is otherwise notified:
Sgt. Gregory Stewart
Clearwater Police Department - Phone # 562-4140
645 Pierce Street
Clearwater, FL 33756
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease effective as of the dates
first above written, each representing to the other that they have full authority to execute the same in the
capacity indicated.
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Signed this 31 day of Ool.e~ 2003.
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William B. Horne II, City Manager
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Glenn Warren, General Partner of
Warren L TD
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