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TEMPORARY PARKING LOT LEASETEMPORARY PARKING LOT LEASE THIS LEASE is made and entered into this 5;yj? day of , 2009, by and between C.L.E.M. Hospitality, LLC, 2958 Kenilwick Drive No , Clearwater, FL, 33761, herein called "Lessor", and The City of Clearwater, a Florida Municipality, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called "Lessee". WITNESSETH: WHEREAS, Lessor has ownership of and control over the use of that property located at 400 East Shore Drive, Clearwater Beach, Florida 33767, after having succeeded the prior property owner, Cotel Inc., in all interests; and WHEREAS, Lessor desires to continue leasing portions of such premises; and WHEREAS, Lessee desires to use such premises for public purposes; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, Lessor and Lessee hereby agree as follows: 1. TITLE. The Title of this lease is the Temporary Parking Lot Lease ("Lease") 2. TERM. The term of this Lease (Lease Term) shall be month-to-month commencing on October 1, 2009 (the Commencement Date) and continuing until thirty (30) days after written notice of termination of the Lease has been provided to and received by either respective party to this Lease (the Termination Date); unless, however, the Lease is terminated earlier under other applicable provisions of this Lease. 3. RENT. Lessee agrees to pay the sum of $60.00 per parking space monthly for the months of September through February and $150.00 per parking space monthly for the months of March through August during the Lease Term, due on the 1st of each month beginning October 1, 2009. Simultaneously with the execution and delivery of this Lease, Lessee shall pay the first month's rent. Lessee agrees to lease a minimum of 35 parking spaces. 4. LATE FEE. In the event the rent is not postmarked or received by the 5th day of each month, a late charge of $25/day shall be due. 5. SECURITY DEPOSIT. Lessor acknowledges having in its possession, by virtue of succeeding Cotel, Inc.'s interest, a security deposit of $8,000.00 securing Lessee's pledge of full compliance with the terms of this agreement. Security due Lessee is to be returned within thirty (30) days after the expiration of the Lease and vacating of Lessee; alternatively Lessee may choose to apply security deposit to the last month's rent. 6. REAL ESTATE AND PROPERTY TAXES. Lessor agrees to pay all real estate and property taxes due on the property during the term of the lease. 7. LEASEHOLD. The Lessor leases to the Lessee the following described property ["Demised Premises"], including all improvements thereon, located in Pinellas County, Florida, to wit: Lots 12, 13, and 14, Block "B" of Barbour-Morrow Subdivision, according to the map or plat thereof recorded in Plat Book 23, page 45, Public Records of Pinellas County, Florida S. USE OF PREMISES. Lessee shall have the use of paragraph 7 of this agreement. Lessee covenants improper or offensive use of the Demised Premises. and the entire area described in agrees to make no unlawful, At the termination of this Lease, Lessee agrees to return the Demised Premises, including all fencing and gates, to Lessor in as good condition as at the effective date of this agreement, subject to normal wear and tear and subject to the existence of the agreed improvements listed in Exhibit "A". 9. MAINTENANCE OF PREMISES. Lessee shall properly maintain the Demised Premises in a clean and orderly condition, except for those repairs that are assumed by Lessor. 10. REPAIRS AND IMPROVEMENTS; WARRANTY OF STRUCTURAL SOUNDNESS. a. Lessee agrees to make those improvements described in Exhibit "A" at Lessee's expense. If any item exceeds the estimated cost, or if funding is not available, then Lessee may, at its sole discretion, modify or decide not to make such improvements. b. Any improvements installed by Lessee will be removed by Lessee and Lessee will return the Demised Premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. c. Lessor makes no warranties. Lessee shall exercise due diligence to determine that the Demised Premises is structurally sound for the intended use as a temporary parking lot. 11. UTILITIES. Lessee shall be responsible for paying for utilities consumed by the Lessee upon the Demised Premises. 12. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, Lessee shall peaceably and quietly hold and enjoy the Demised Premises for the term of the lease without hindrance or interruption by Lessor. 13. INSURANCE. Prior to taking possession of the premises Lessee shall provide proof of self insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Lease. If Lessee allows any insurance required under this article to lapse, Lessor may, at its option, take out and pay the premiums on the necessary 2 insurance to comply and Lessor is entitled to immediate reimbursement from Lessee for all amounts spent to procure and maintain the insurance. 14. DEMISED PREMISES DAMAGE. If the Demised Premises is damaged by fire or otherwise to such extent so as to interfere with its use by Lessee, the rent payable for the period commencing on the date on which Lessee gives Lessor written notice of such damage, and ending on the date on which restoration of the Demised Premises is completed, shall be abated in the proportion which the parking space made unusable bears to the parking spaces leased to Lessee prior to the damage. If the Demised Premises is totally destroyed or rendered untenantable, Lessor shall have the right, but no obligation, to render the premises tenantable by repairs within thirty (30) days from the date that insurance claims of Lessor and Lessee shall have been settled, and Lessor shall be free of all restrictions as to proceeding with the work of repair or rebuilding. 15. LIABILITY AND INDEMNIFICATION. Lessee agrees to assume all risks of the Demised Premises and all liability therefor, and shall defend, indemnify, and hold harmless Lessor, for all claims arising out of, or because of, or due to any negligent act or occurrence or omission of Lessee, its agents, employees, contractors, or invitees. However, nothing herein shall constitute a waiver by Lessee of its sovereign immunity and the limitations set forth in Section 768.28 Florida Statutes. 16. MECHANICS' LIENS. Lessee will not permit any mechanic's lien or liens to be placed on the premises or on improvements on them. If a mechanic's lien is filed on the premises or on improvements on them, Lessee will promptly pay it. 17. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the consent of Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. 18. TERMINATION. This Agreement shall be subject to termination in the event of any one or more of the following events: a. Nonpayment by Lessee of payments required in this agreement. b. Lessor determines that the Demised Premises are so extensively damaged by some casualty that it is impractical to repair such Demised Premises. 19. NOTICE. Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to Lessor, addressed to: C.L.E.M. Hospitality, LLC ATTN: Augustino Menna 2958 Kenilwick Drive North Clearwater, FL 33761 3 2. If to Lessee, addressed to: Michael D. Quillen Director of Engineering City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 Copy addressed to: City of Clearwater City Attorney P.O. Box 4748 Clearwater, Florida 33758-4748 20. ATTORNEYS FEES. In the event that either party seeks to enforce this Lease or to interpret any provision of this Lease, by law or through attomeys-at-law, or under advice therefrom, the parties agree that the prevailing party is entitled to recover reasonable attorney's fees from the other party, in addition to any other relief that may be awarded. 21. AMENDMENT. This Lease shall be amended only by mutual written agreement by and between Lessor and Lessee. 22. HEADINGS. The headings in this Lease are for convenience and reference only and in no way define, limit or describe the scope of the intent of this Lease or any part thereof, or in any way affect the same, or constitute any provision thereof. 23. GOVERNING LAW AND VENUE. This Lease shall be governed by, and construed in accordance with the laws of the State of Florida. Venue for any dispute pertaining to this Lease shall lie exclusively in Pinellas County, Florida. 24. INTERPRETATION. Except as otherwise provided herein, neither the form nor the language herein this Lease shall be interpreted or construed in favor or against either party hereto as the sole drafter of this Lease. 4 IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this Lease on the date first above written. C.L.E.M. Hospitality, LLC By: Its: T?IVC tz? Countersigned: CITY OF CLEARWATER ? BY: Frank V. Hibbard William B. Horne, II, Mayor City Manager Attest: Cynt E. oudeau City Clerk LOF T# ?% v 5 Assistant City Attorney 5'co% 1"-20' EXHIBIT " A" This is not o survey NORTH PROPERTY LINE N 0 P A R K I N G }I ?I x ~I I I w I z ? I I? I ? I W I O a I I II I II I PROPERTY LINE Standard parking spaces: 33 CITY OF CLEARWATER, FLOR r7 ENGINEERING DEPARTMENI Handicap parking spaces: Z o.m CITY PARKING LOT # 63 Total parking spaces: 35 LM v I I I A II Flo , ?I o I z 0l I o _- 'ay Station I W Pay Station O CI V7 I Z I ? I O I '? \ ?I AI© I QI © I ? w I xl 3 I ?0 I zl o ?~ I I la I