SUB-LEASE AGREEMENT
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SUB - L.f;4SE AGREEMENT
THIS SUB-LEASE AGRlEMlNT made this L day of FEBRUARY,
1976, between AL ROGERO ANt) ASSOCIAT~. S. INCr., ~ Pj1orida_~~~rporatlon,
.Jr:J~e(A. f<,otf rr.rJ. t::....
herein referred to as ttLESSIIu and
&.er"e~8tiOft, here,in referred to 8s"SUB-LESSBEn.
WHERKAS, by a lea.. 1nstru_nt dated the 19th day of JULY,
1973 and recorded in 0..1. look 4102, page 819, Public Records
of Pinellas County, Florida. and a.nded by an Amendment dated
in February and March, 197.5 (together hereinafter referred to
as the "NALL LEASEn). by r.ferenee fully incorporated herein
and made a part hereof, GBlTRUDE S. HALL, j ained by her Husband,
JAMES B. NALL, leased unto ,ALBBRT L. ROGERO JR., Trustee, for
a lease term of flfty-ftve.(55) years the certain real property
situate, lying and being1D Pinellas County, Florid~, and
described in said NALL LlASE; and
WHEREAS, by an Ass ilhll8nt dated the 23rd day of APi It ,
1975, and recorded in O.R. Book 4285, page 60, Public Records
of Pine lIas County, Florida, the sald LESSEE, ALBERT L. ROGERO
JR., Trustee, assigned ..id 1.... and his leasehold interest
therein unto the parties therein set forth, being AL ROGERO AND
ASSOCIATES, INC., a Florida corporation, a three-fourths (3/4)
interest in laid lease; J. A. HADLEY SR. and BRADY NELSON, a
one-fourth (1/4) inter..t il'l,.aid lease and leasehold; and
to AL ROGERO AND A~SOCIATES, INC., a Florida corporation; and
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WHEREAS, copies ofs.ld original Lease instrument and the
Amendment thereto, cODstltut1na together the NA.LL LEASE, and
of the Assignment of Lea..hol~ and Sub-Lease Agreement are
attached hereto and mac"d, re.pectively, Exhibit At Exhibit B,
Exhibit C and Exhibit D:..~:..f.eh are by reference fully
incorporated herein anet made a part hereof and,
WHEREAS, it is the intention and desire of the parties
hereto that the LESSEE un"-r this Sub-Lease Agreement shall
sub-lease its interest tn ,aid lease and leasehold property
as to that portion of tbe property wh:1ch is more particularly
herein described unto tau. $ub~Les.ee hell'ein.
NCM THEREFORE, for and in consideration of the mutual
covenants herein contataed:_d in cona1.deration of payments
and undertakings herein -4- and to be made t the parties have
respectively promised \BItp_d.covenanted and agreed each with
the other as follows:
JUtTIC.LE .!
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Demise by the Lessee:
Upon the terms andCOl'l~~ttOD. hereinafter stated, and in
consideration of the pa)'1D8Qt.lrom time to ti_ of the rents
hereinafter stated, and fot, al\d in cODsideration of the prompt
performance by the Sub-Less.. to be kept and performed, the
performance of each of which i. declared to be an tntegral
part of the considerattOD~ob. furnished by the Sub-Lelsee.
the Lessee doel hereby 1..... let and demise unto the Sub-Lessee,
and the Sub-Lessee does "b..reby lease of and from the Lessee t the
following described pr..1a... situate, lying and being in
Pinellas County, Florida. to wit:
Legal description contained on Exhibit trAil
attacbed hereto.
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day of the month in \th~~i8 lease i8 signed.
4. Upm SUC}j~(:V' J;t;'as Sub-Les.ee shall enter
upon the subject property Mor the purposes 'of clearing, construction,
or beautification, Sub-Les.e. shall pay the sum of FOUR THOUSAND
EIGHT HUNDRED ($4,800.00) DOLLARS which sum shall apply upon
Lease, and
for the last full or FIFTY-SECOND (52nd) year of this
sium1taneously pay the first month I s rent due hereu1:~v(I,) ..i
Rental shell be paid to Lessee et 1499 Gulf-to-Bay f\ J"v-
the rental
B.
Blvd., Clearwater, Florida 33515 or at such other place or
places as the Lessee may from time to time in writing specify
to SUb-Lessee. All rental shall be payable without notice or
demand.
Any rental payment, if not paid within thirty (30)
days after its due date, shall bear interest at the rate of
ten per cent (lot) per annum until paid.
c. All rentals .hall be payable in current legal tender
of the United States a. the same is constituted by law at the
time the rental becomes dUfit it extension, indulgence or chan~e
by Leesee in the mode or time of payment of the rental upon
any occasion shall not 'be construed as a continuation, waiver,
or as 8 waiver of theprovisioos of this paragraph, or as
requiring a similar change of indulgence by the Lessee on any
subsequent occasion.
AlTICLE IV
Lea.ee 's Lien for Rent:
The Lessee shall have the first lien, paramount to all
others, except as limited by the terms of the Lea~e recorded
in O.R. Book 4102, pap, SIt, Public Records of pJlnellas County,
]1'1orlda, on every right and interest of the Sub-t.essee (includin~
but not limited to Sub-tessee t s r~"b;"to receive ~'nd collect
rentals from other persons) in and to this LEASE ~md on the
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buildings placed on the premises, and on any furnishings and
equipment, fixtures or per.onal property of any kind or equity
therein, brought on the premiae. by the Sub-Lessee as part of
the equipment used thereon; whic.h lien is granted for the
purpose of securing the p~nt of rents, taxes, assessments,
insurance premiums, chargea, l1ens, penalties, and damages
herein covenanted to be paid by the Sub-Lessee, and for the
purpose of securing the performance of all and singular the
covenants, conditions, 8IIdoblig8tions of this LEASE to be
performed and observed by the Sub-Lessee.
.~1,'~CLE Y
Taxas and Asse..me~t8 P~l~bJe gv Sub-Le.~.e:
A. The Sub-Less.. covenants and agrees to pay the
sum of elm HUNDRED ($lOO'.OO) DOLLARS a year to be applied
towards the payments of real estate taxes. Said sum shall
be increased every three (3) years on the basis of the
percent... increase as det.~tned by the U.S. Department
of Labor Index as more fully .et forth in the rent provisions
of ARTICLE III, Paragraph 3 herein. The Sub-Lessee further
covenants and agree. to pay .1l special assessments which may
be asse.sed and imposed by any lawful and duly constituted
authority alain.t the d..l... premi... and further alr_es
that if it cODstructs any improvements on said premises that
it will pay all taxes and IpM1al a8eessmente which may be
assessed and impo8ed agaiD8t thedem18ed premie.s and improve-
ments and all furniture, furnuhtnp and equip.Mmt situate on J
belonging to, and used inCOQaftction with said demi8ed premises.
All such taxes, a\nd apeci81 asse88ments shall be paid by
the Sub-Le8see and 0'f1eia1 receipts evi.dencing such payment
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delivered unto the Less...~ the place where rental payments
are required to be made. at least thirty (30) days before the
date on which the tax or a...s..-nt would become delinquent
in accordance with the law then.. in force governing the payment
of such taxes or 4SS8..-.ntS. It is agreed, however, that if
the law provide., that such, taxes and assessments may be paid
in installments rather than by a lump sum, that the Sub-Lessee
may ,at its option t p.y.uoh t... and/or assessment. by
installments.
B. If the Sub-leI'.. desires to contest the validity of
any of the aforesaid taxes or a..ess_nts, the Sub-Lessee may
do so without being ill default hereunder a8 to its obligation
to pay taxes and as.essMnta, provided the Sub-Lessee not only
institutes appropriate legal proceedings to contest the validity
of the tax or as.e.sment, but deposits into the Registry of the
Court at least thirty (.30) da". before the contested tax or
assessment would b.c~.de11nqf,l8nt for nonpayment, an amount
which i8 sufficient to pay 1n full the contested tax or
a..essment, including all penalties and Court costs if the
adjudication in said proceedinls should be adverse to the Sub-
Lessee, and also obtains an injunction to prevent the sale of
the demised premises by reason of nonpayment of the tax or
assessment being contested in such legal proeeedings. If
such legal proceeding8,,'bould 'be dismissed for any cause
whatsoever, or the fund placed into the Regiatr11 of the court
be returned to the Sub-LeIse., the tax or assesslment which
was the subject matter of said lit1gation shall ble paid by the
Sub-Lessee upon or prio1l'tto tbeflnal dismiss.al of. such legal
proceedings or the return of the moneys placed ~ith the Registry
of the Court to the Sub-Lesaee--whichever shl1lll first occur.
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A copy of the Bill of eomp1aint, Injunction Order, and receipt
for payment of moneys into the Registry of the Court, shall be
furnished by the Sub-Lea..e, at its expense, to the Lessee at
least thirty (30) dayspriC)1' t,othe date em which any contested
tax or assessment may bec~ del1Dquent.
c. The Sub-L.ss.. sball not be obligated hereunder to
pay an income, inheritance. e..tate or suceess ion tax , or any
other tax which may be tevied or assessed against the Lessee
",ith respect to orbecau'.iQf t.be income derived from this LEASE.
(Exae.pt as provided in ARTXetE XXVIII.)
"T~LE VI
Sub-Le..ee to Car1l7lAA~il:t~I..,.urance:
, The Sub-Le.... cov.utO" ,and .,rees that it 'Will, at its
expthlse, and at a.llt... '1MIt and keep the LeBS.. free and
har~s. from any aod all 4..... and liability occasioned by
the use of the saiA pre.....;,nd shall ind_.if,. and keep
hartnle.s the Leas.. frcmaand ...met any 10s8. eost, damage
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aod expense arlainl out: of_d in connection with any buildings
aDd imprave.n.ta 1.1"", '..id,pr.....e. and out of any accident
cauaiag injury to any ".1::'. ',QI' property wbOlUoever or whatsoever,
and due directly or ind1reotlyto the u.. or occupancy of said
pr....... J and the SUb-Le:.... coy_ate and agr... to provide
polieia. of inauraDce I_tnrall,. known as public liability policies,
andlor owner, lm:ldlord:MId t-..t policies, and elev.tor and
boiler policies, in.urial the Sub-L..... aDd the Le..ee against
all claims end de...nc:ta _de by.,. peirson or perlons, whomsoever
for injuries rJOeivad inconnecttoa wtth the operation and
maintenance of the f.1IpJrov"~. ,.d buildings located upon the
demised premieel, and all boilerlad elevators located therein,
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to the extent of not le.s than THllEI HUNDRED THOOSANDAND NO/lOO
($300,000.00) DOLLAllS toc..,.r tbe41aim or da_ge, for personal
injuries from any 8insle. .peclf:l.c cau.., to anyone (1) person,
and to the extent of np, less ~ha.n FIVE HtJNDRED,THCXJ'SAND AND
NO/lOO ($500.000.00) DOLLARs tbo cover, in connection with any
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one (1) particular 4cqidhti; or occurrence, the total aggregate
of any claima for per.ooaJ.:hjuies that may artse or be claimed
to have arisen again,lt tbBt,es... or the Sub-Lessee as aforesaid.
Said insurance shall al,o.povidefor FIFTY THOOSAND AND NO/100
($50.000.00) OOLLAl! prope~ty damage tn,.ance. Said insurance
to be written in c01ll'8n188 acceptable to Le..ee .
@.Tl~ VII
Sub~Le...e to.Ma~t~~~~~,t
'I1te Sub-Less..e__... ed agree. with thelA..ee that it
will at all tl.. dur1a.t. t1Je .I'm of thi8 LEASK bep, at its
expense, all buildina' 01' ,-*ovement. hereunder, insured against
los, by fire, wiadstor-..", ot.her ,8uch hazards, casualties and
contlngencies a. _"be .J:.~ by Lea..., and to pay promptly
when due all pre.... fo~ _h,.m..ance. All of said insurance
shall be written b7 . ~,....,. '01: cOIIpan1e., qu411fte4 to do
busines. in the S tatee 01, ,,-):w. and approved by the Lea.e.; and
furt_r. all of .atd iDaQJa... :.ball be for 8uch a__t. as may
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be nece..ary to _t ..... fully c01Iply wlth .11 coin,uranee
require_nta contained foil ~ld polleie8 to tbe end that neither
the Le.... nor the Sub-u..... t.. . coin.u..r thereunder. Each
policy of tn.uranc. .bal1 be. ,*yabl., ill tbe event of 108.,
subject to tb. ter. of':_tra.tltutianal morta..e which may
encumber the property, jointly to tbeLeas.. 8t1&d' to the Sub-
Les.e., as their intere.ta.,. appear. The f\Bld. received
from the i:rt8u~ial cOllpaQJ' .~11be avai!lab 1. to the Sub-Lessee
for the repair, repl.e.lJt.. .. the calle may be, of the da_ged
property, and shall b. ~:l.cll~OII tt_to time 011 requisitions
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of an architect licensed in the State of Florida and employed
by the Sub-Lessee to supervise the work of repair or replacement.
The Sub-Lessee agrees, however, that no work of repair or
replacement will be undertaken or started until such time as
Lessee has been fully sattsfled that the total cost of such
work has been fully provided by the Sub-Lessee, including the
funds received from the tn.urance company. The Sub-Lessee
agrees to repair and replace said property as often as the
same be damaged, and agrees that the damaged property,
repaired or replaced, will be of equal or gr.ater value than
that damaged.
The Sub-Lessee agr... to commence the repair or replacement
of the damaged buildiDg within three (3) months from the date
on which the 1088 shall have been paid by the insuring company,
and shall diligently proceed with the work of repairing or
replacing the da..ged property 80 that the same may be completed
promptly and without undue delay.
If the Sub-Less.. should fail or neglect for any reason to
COlQII8Dce the repair or replacement of the damaged property, or
having c01DDl8nced shOuld fatl or neglect to proceed with the
completion of the ...., the lA.... IDSY, at its option t terminate
this LEASE. and retain all lnaurance proceeds as liquidated damages
resu1tiDg from the failure of the Sub-Les..e to promptly and
within the time specified, ,wder,take andeomplete the work of
repair or replacement.
Whenever the Sub-Le.... haa completed the repair or
replacement of damaged property. and the cost of auch repair
or replacement has been fully paid. Leasee agrees that any
insurance proceeds then remain1ns .hall be paid over uoto the
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sub-Lessee. (For the c01ll'lete ot: substantial rep~cement of
damaged building, see AltTlq.l XIh.reaf).
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ARJ~~.V~ll
Pa~t of Tdts ~n~ 1n~'P'_~.. Pl'e..f,ulllp:r l.4....:
It i. speclfieal1y-sr..ct ,that if the Sub-Lessee Ibould
fall, refuse. or n.s1_tto ~1 within the time or in the manner
specified, any tax or 8~i.al,...e..,mentrequir.d to be paid
under the provialQD8 of tld.' I~_ by the Sub-Less... or fail,
refuse, or nea1ect topa,. tbep~luma fOl' allY policy of
insurance required to b.,_~~.,~ under the provl.ions of
this LEASE by tbe Sub~1AI".., tbat the Lea.." may ,at its opt ion ,
pay such tax, s~i.l ......ment J or inIUJ:... p~.ud.um. All
monies 80 paid by Le..... ~cl...~1 reasOQable attoney's fees,
and all expenses incurred. ..... of, or in connection with,
such payments. shall be_.~bt"~lt 8.t the rate of ten per cent
(10'1) per annum. The .~. of any such tax. special assessment,
or in.urance prem1ut1 bY:tCb..,::tAt. .s_. ,sball not waive the default
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thus cODDitted by i the 8_-,1.......,. or be considered .s relieving
the Sub-Les..e frOlD the~o'-1!1Iatlon of paying_uoh tax, asseslment,
or insurance premium.
,~11~ . IX
Premises to be Used for Le.l.~l'pole8. Only:
The Sub-Lei see c~~ts that it will fully conform and
comply with 41.1 ord:Ln41l.. ilnd laws re ~8ting to the use and
occupancy of the demteed premt.... or ~tr1y iUlprovements to be
erected upon the .ame, and further that the lame will not be
used for any illegal or lllllllOr,l purpo..e t business or occupation.
A violation of tht. AiRTICLE ,shall ope:r:ate as a breach of this
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LEASE only in the event that the use and occupancy of the demised
premises shall be abated or closed by the proper legal authorities
for any illegal or itllDO~al purposet business or occupation.
ARTICLE X
Conde~ation Cl.us~:
If at any time durinl the continuance of this LEASE the
legal title to the demi..d..eal estate or the improvements, or
building or buildings located thereon. or any portion thereof,
be taken or appropriated tbroush the .xerc is. of the power of
Eminent Domain, there ehall b. 8uch division of the proceeds
and awards in such cond.._tion proceedings. and luch reduction
of rent and otber adju.~mant8 made as shall be jUlt and equitable
under the circumetanc... If the te.... and tbe Sub-Lessee shall
be unable to agree upon tbe foregoing within thirty (30) days
after such award has been _de, or money bal been depo.lted into
the Registry of the Court :Lnwhich tb. condemnatioo. proceedings
shall have b.en had, then the matters in dispute shall, by
appropriate proceedtna~. be .ubmitted to the Court having juris.
diction of the matter in 'QCh controversy in Pinellas County.
Florida, for its d..181on of the matters in di8pute. If the
legal title and ownerlhipof all the demised premise. should
be wholly taken by cOIlde_atl_ proceedings, thi. LEASE shall
be cancelled.
The partie. hereto intend. and by these pre.ents, do
agree that although the title to 81:lY improve_nte placed by
Sub...Lessee upon the demleed p.emi.es will,upon the termination
of,this LEASE P&SS to the tee.e.. th.t nevertheless. any award
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given for the c01tdeumatlon. of all or any' portion of a building,
less existing mor*...., th'r.Ql\. ahall pae. and belong to the Sub...
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Le..ee I end that any 8Wa!:'dgiv"n~or the condelllDeUon of the ,
lend, inc lud ing Leas..'. iQtere.t in this LEASE, .hell pass
and belong to the Lea....
A. Notwithstanding -.,prov{sion otherwise contained
herein, there shaU be nOrecfbCUOIl in rental unl..s the ares
of land teken through cOIlde_tioo exceeds TEN PER CENT (10~)
of the total aree of land eclat.u..d within the description
shown on IlXHIBIT "An hel'Alto. III the event lend tebn by
condelll1ation exceeds UN PER.CIN'r (lot) of lands described in
EXHIBIT "A", then reo tal will be reduced in the .... retio thst
the aree of. lend tabn bears to the total land eree aOOtsined in
EXHIBIT "Au.
ART~C~ XI
Demolition Clause:
The Sub-Leaaee ear... ~ although it is it. duty to keep
.nd lIllIIintain in good "epa4" .11 blltlding. end impr""e..nts situete
on the ~emised premises, tbatthl. shall not be construed as
emp""""tng Sub-Lessee to teer down, ...troy or remove any building
hereafter loceted on the de!lli.... praad..es, or to teer down,
remov.o~ de.troy eny .ub.taU.l Pert or perts of suc:h bUilding,
or to cause any item of ~.r r.patr or alteration to be made
thereto unless and until the S.-tU.H:
A. Delivers plan. and spe-=ifleation. covering the new
building or new COIIstruction to the Le.see et les.t thirty (30)
deys before the work propoaecl' tOo be done pursuant thereto is
actually commenced.
B. Submits proof satt.f.c~ory to the Les.ee that the
construction costs or val\ue of the new bUilding which is to
replace the one demoliehed ~h.ll he equal to, or greeter then,
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the value of the bUilding to be degolished.
C. Sub~its proof eatis.actory to the Lessee thet any
IIIIIjor repeir or altereUonto abuilding is of such nature
so that the velue of the building, -nen the IIIIIjor repsir or
elteretion has beeu COIllp1ec:.d,. will be equal to, or greeter
than, the value of the building prior to the CDqaencement of
the major repatror alt.~.t1on.
D. Gives, such ea.urence e. IIIIIY be satisfectory to the
Les.ee thet a building. if demolished, will be repleced by a
new bUilding.
Sub"Lea.ee eg.....to fUlly.eOlllply with the pr017isions
of thi. ARTICLIi: XI of th....,w. before c~ing the Con-
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struction of e building to replace on. demolished, or ..jor
repair Or elteretion to ethen existing building.
The partie. do IIl\lt;Ilelly aaree that the term "lII8;for
repeir" and the ter~ "alt.ratlon" 88 u.ed herein .hell be defined
for the purpoae of this UlASE .. ._ing only those in.tances
wh.rein the co.t of the worle UnrolVlld exc..d. the sum of mil
THOOSAND ANn NO/lOO ($10 f 000,.00) DOLLARs.
~ICLl X~I
BUildf.naJY1.nte11aQC!. :
The Sub-Les... c'"'-ta .. agree. thet it tdll not
saffer Or P8l'111it arty strip. -t. or Ileglect of arty bUilding
on the demised premi... to be COBbitted, end further thet it
will at all tilas. keap 8IId "intaill in a good stete of repair
any bU1.1d~g located thereon.
~ARTICLE XIII
gaven"nt of Quiet E~}'IIIent:
The Les.ee covenant, that e. lOng e. the Sub-te..ee keeps
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and performs all of the cov.nants and conditions by the
Sub-Lessee to be ka,pt and perfbrmed under the terms of this
LEASE t that the Sub-Les.:e. shall have quiet t undisturbed and
continuous pOlsession of the premi.es.
_CLl, XIV
Les.e..s Right of.EJ'at~:
'lbe Lessee ,or it..nt. shall have the right to enter
upon the premi... ,at al!!,.........ble time. to examiDe the condition
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and u.. thereof, provide4. ~r. that such ript shall only
be eX8hised in such__I' aSllot to unreasonably interfere
with the Sub-Leas.. .:I.I1I:be .... by Sub-Le.... of said premises.
ARTX~ XV
Leesee .. Right to .~~ R..~.ncY: Repairs:
The Sub-Lessee agr... that if any build:l.ng on the demised
premises should be damaged ~y fire, windstorm or other casualty
and be exposed to the elAla_uts, and Sub-Lea see should fail to
make the necessary .-1l'a~cy repaira to protect said property,
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that the Lessee may tnsuch eVeRt enter upon said premises to
make such emergency repairs. 1'he act of Lessee in making such
emergency repairs .hall '~tba deemed to excuse the Sub-Lessee
from its obligation to keepth.,preml.8. in repair; and Sub-
Lessee sball, within five(S) d.,. after demand of the Lessee,
reid>urse Lessee for the coat aa:d expense of such emergency
repairs.
.ARtICLE XYrI
Notice:
'!bat when eithe,l: of,thepart1ee de. ires to give notice
unto the other in cOIlDee.lon.ttb, and according to. the terms
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subject matter, that all such claims or liens will either be
paid, bonded, or the Le.lor's and Lesse.'1 interest released
from the effeet thereof within thirty (30) day. from the date
on which notice was received by the Lessor and Lessee, that
said claim was :filed in tbe Public Records, or suit instituted,
a. the case mey be.
~ 'F'/III
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IndeRiification of Le'I'~ .~1W~Lubility:
Sub-La..ee covenantf apd .,... with Lessee that, during
the term of this Lea.e, the Suh-Les..e sball indeunify and
save harmless the te....q.1u.t any and all cla1ml, debts,
demands or obliga.tion'wbicb .Y be made against the Lessee
or against the Le.lor', fee simple title or La.seets leasehold
interest in the premi...,. as.-uing by reason of, or in connection
with the making of this LEAII and the ownership by the Sub-Lellee
of the interest created' h....b,.; and, if it becomes necessary
for the Leesor and/or x...... to defend any action seeking to
impose any such liability, the SUb-Lessee shall pay the Lessor
and/or Lessee all cOlt8..of Couwtand attorneys' fees incurred
by the Lessor and/or ~.... in effeeting such defen.., in
addition to any other ......lob the Lellor and/or Leslee may
be called upon to pay by rea." of the entry of a juds-nt against
the Lessor and/or Le.... in the litigation in which such claim
is asserted. In effect. the Sub-te.see covenants and agrees to
ind.RiiEy and save harmle..th. 1.es.or and/or Lessee against any
and all claims whicb, _y be _de against the Lessor and/or Lessee
or against the pre.t... where such claims arise by reason of, or
in connection with;, the OWDersbip by the Sub-Lessee of this LEASE,
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and where such claima are asserted by any persons who claim by,
through . under or 81atnltthe Sub-Le.,.ee t as distinguilbed from
claiming solely under. by, thrOUF or against the Lessor and/or
Lessee.
ARTICLE XIX
Retl1l'D of pre"d,aes to LtJ~.. upon E:Jtptr.tion of Lease:
Sub-Lessee agrees 1.Jpon the. expiration of the term of this
LEASE to promptly 4811".1' untO the Lessee the quiet and peaceable
po....Bion of sll of thll, .mised premises. including sll buildings.
fixtures and improvemeat..ituate thereon, in as good a state of
repa1r and condition .. ,~""tted by the rea.onsble uae thereof;
and further, that all bu:L141ngs. fixtures, improvements, furniture,
furnishings and equi~t .,t~ situate and belonging to the
demised premises Ibal1d.~4U..ately UpOD the expiration of this
Lease pass to. and becOlIl8 the property of) the Lessee without
compensation or payment to the Sub-Lessee therefor.
AllnCLE XX
.. J .~
Sub-Lessee'. Right to:Bul1~:
sub-Lelsee is gi..,.n8 right to construct, at his expense,
parking lots end other ..n1ce aress upon the property. primarily ·
the type of improve...ts sball be a parking lot and other service
area8 and other service facilities designed primarily for the use
and convenience of thtl occupants of an adjoining restaurant. Any
and all buildings, str.ets, parking lots,sidewalks, access ways,
aewers, water facilities:. or other such service facilities shall
be constructed 10181y at the expense of the sub-Lessee 2nd no lien
shall attach again8tthe tes.ee' 8 interesrt by reason of the per-
mission herein given by L.s,ee to 5ub-l.esfjee to construct and
complete the ;fsc1litle. 1Il8lld_d in this ARTICLE D. Any and sll
construction end woJrk done pureWlt'lt to Stil :,-Lessee' 6 rights under
this ARTICLE shall be lubjeet to the folIc wing:
-18-
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A. Plans and 8pecifica~lons for the proposed improve-
ments shall be prepared by an architect licensed to practice
in the State of Florida.
B. Any and all improvements shall lie solely within
the confines of the demised premises and shall not be attached
to any building situate upon an adjoining property.
C. The plans and specifications for the proposed
improvements shall fully comply with all applicable lawst
governmental regulations and building codes.
D. Prior to any construction, Sub-Lessee shall deliver
to Lessee a co~plete set of plans and specifications for the
proposed improvements for ~8see's reasonable approval.
E. It is agreed that said construction and plans shall
comply fully with the Building Code of the City of Clearwater
and governmental authoritiee having jurisdiction of such matters.
~TICLEXXI
401l;ing :
It is acknowledged~hat part of the subject property lies
within the City Limits of the.City of Clearwater and part in
unincorporated areas. Sub-Leasee may take such steps as might
be necessary and as be may d.esire to annex the 'l.mineorporated
areas to the City of Clearwater and to cause the property to
be rezoned for uses compatible to those generally described
j,
in ARTICLE XX. Any such _exatioo, however, and any such
rezoning shall be at the sole expense of the Sub-Lessee. Lesseet
however, will cooperate an~ give such consents ~lS might be
\,
necessary in order to effect any such annexation and rezonin~.
It is agreed that the rezoning sought shall be rezoning permitting
the highest density allowable under the City of Clearwater Zoning
-19-
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,
THIRTY (30) days after written notice of the default shall
have been delivered to the Sub-Lessee, the Lessee may re-enter
the demised premises and terminate this LEASE and all improve-
ments erected on the prem!... shall revert to the Lessee,
provided, however, that if any default of the Sub-Lessee is
of such a nature that it cannot be corrected within the THIRTY
(30) day period, the Sub-Lelsee shall be allowed whatever
additional time is n.~...ary to cure the default; and provided,
further, that if the le.lebold estate has been encumbered by a
mortgage to a Mortgagee who has notified the Lessee of his or
its mailing address. no tel'mination of this LEASE shall be made
unless the default sball have continued for SIXTY (60) days
after written notice of the breach to the Mortgagee. If the
breach is of such a nature that it cannot be corrected by the
Mortgagee without securing possession of the premises, the
Mortgagee shall be graDted whatever additional time is required
to secure possession of the premises and to cure the default,
but upon demand of the teeaee, the Mortgagee shall post security
in the amo\mt of ONE (1) year's rent if the default is not
corrected within SIXTY (60) days of notice to it.
In addition to th, .above right to re-enter and terminate
the LEASE, the Less.. j in ease of a breach of any covenant to
be performed by the g.ub-Lessee, shall have all other remedies
afforded by the laws of the State of Florida
Any notice elf def-.ult l'Etqui.red to be ~iven under this 'Lease
to the Sub-Lessee shall a180 be given by Lessee to any financial
institution having an .:Lnte~.st in the leasehold as might be
de81~ated by Sul)-Lessee in writing by re~istered mail.
-21-
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ARTIClE XXV
Retum of Premises to lAlIl...e Utxm Prior Terminationaf Lease:
The Sub-Lessee further agrees if the Lessee should declare
this LEASE to be terminated and its term ended prior to the
expiration of its term by reasOD of Sub-Lessee's breach of a
covenant and condition a8 herein provided, and notice to such
effect 1s given by Lessee to Sub-Lessee, as hereinabove provided
to, within twenty-four (24) hours from the date of such notice,
deliver unto the Lessee the quiet and peaceable possession of all
of the demised premises, includin~ all buildin~9, fixtures and
improvements, situate thereon, and all furniture, furnishings,
and equipment thereunto belonging, in as good a state of repair
and ,condition as permitted by the reasonable use thereof; and
further that all buildings, fixtures, improvements, furniture,
fumishings and equipment then situate and belonging on the
demised premises, together with all rents, income and profits
of said premises, whether accrued or to accrue from said demised
premises and all insurance policies and the proceeds of any loss
payable thereunder, shall at once pass to and become the property
of the Lessee without co~enaation or payment to the Sub-Lessee
therefor, not as a penalty or for forfeiture, but as agreed and
liquidated damages! to the Lelsee because of the breach of this
LEASE by the Sub-Lessee. The parties hereto recogni~e the
impossibility of precisely 8scerta1nln~ the amount of damages
that will be sustained by the Leleee resulting from a breach on
the part of the Sub-Lessee, and desire to obviate any question
or dispute concerning the amount of suehdama~es, and the cost
and effect of such damdgesn.ulting fron~ the termination of this
LEASE, and have, therl efore, taken these elements into consideration
when mutually agreeln gto this provtsio".n of the LEASE.
-22-
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If the sub-Lessee, or persons cla:tming by, thr.ou~;h, or
under the Sub-lss$ee, should hold said premises, or any part
thereof, one (1) day after the same should have been surrendered
unto the Lessee, the sub-Lessee, and all persons claiming by,
through or lmder the sub"'Leesee. shall be deemed guilty of
forcible detainer of said premise. and be subject to eviction
or removal, forcible or otherwise, with or without process of
law.
The sub-Lessee specif~8lly acknowled~es that all statutory
proceedings in the State of Florida regulating the relationship
of landlord and tenant, collecting of rent, and repossession
of the demised premi'..<lI accrue to the Lessee hereunder.
It is expressly 8g:reed that the various rights, options,
and remedies of the Le~~ee contained in this LEASE shall be
construed as cumulati". t at'ld no one of them shall be construed
as being exclusive of tbeother, or of any right or priority
allowed by law.
-23-
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premises, the improve_uts and buildings locatedtherE!On, and
the fumiture, furnishtags_ fixtures and equipment contained
therein; and thereupon, it is! expressly covenanted and agreed
that the Court shall forthwith appoint a receiver with the
usual powers and duties of receivers in like cases, and such
appointment shall be m8de by such Court as a matter of strict
lien or to the solvency or insolvency of the Sub-Lessee, and
without reference to the c~is8ion of waste, and without notice
to the Sub-Lessee. The foregoing pledge and assignment of rent
is conditional. and shall be operative only in the event of a
default by the sub-Lessee of any of the terms of this LEASE.
ARTICLE xxvg
I ~l
Sub-Lessee to Pay Att~la' Fee. and Other Expen.e~:
If. at 1U1y time, by reaaODof the failure of the Sub-Lessee
to keep and perform aD)' covenant or agree.nt which t under the
terms of this LEASE, tM Sub-Les.ee is bound and obligated to
keep and perform. it b,co_s necesaary for the Lesse. to employ
an Attorney-at-Lawto,rotect b18 rights and interests in the
demised premises, or to ..force any provision of this LEASE,
or proceed \mder iitu any particular, then, in any of such
events, the Sub-Les". agr.e. to pay unto the Lessee all costs
of Court and reasonable attorneys' fees and expenses incurred
or expended by tbe Lel.ee in taking such actions t provided that
i
the position iof ',the ~.... be .oatainad ,therein.
A'at,ICLE XXVIII
Sales and Vile Taxef~:
In adfJlti. to tbe rental. to be patl(d under the provisions
-2'~-
......
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"
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of ARTICLE III hereof, Sub-Lessee shall pay any and all use
taust sales taxes or any other such taxes imposed upon the
rentals herein mentioned by the 'State of Florida or any other
govemmental agenc:y having jurtsdiction thereof, provided,
however t that theBe p%'4)Visions shall not be construed to
require the Sub-Les8~e top.yany part of the income taxes
incurred by Lessee by 1"..~on oftbe rentals received tmder
the provisions of this LEASE. Any such sales taxes or use
taxes shall be paid at the.a.. time the rentals are paid.
Al!TICLE XXIX
Incorporation of Basic Lea~e:
This Sub-Lease is exp~e88ly made subject to all of the
terms, conditions and limitations contained in the Lease
Agreement between Lessee and Lessor dated the 19th day of
July, 1973 and recorded in 0.1. Book 4102, page 819, Public
Records of Pinellas County, Florida as amended by Amendment
to Lease dated in Februeryand"March, 1975 ,.cQpies of which
,
are attached hereto ~(J/'_de apart hereof.
~rrICl.l,XXX
Option to Lease Addltiona~P,"ro..(tl:
Lessee does hereby ,rant unto Sub-Lessee .n option t.o
lease an additional tract of land ilDlll8diately nc.'rth of the
property which is the 8qhject of this Lea.. for a,period
of five (5) years frOIl the dat. of the execution dfthis
Lease and upon the condition that Sub~Less.e has fait~tully
performed its obl1gatiOQ. under this Lease and is not in
default hereof. Said.optlon. .ball be exer~i8able for like
terms as contained in thttLea8e except that the ''base rt9ntal"
- 2.5-
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shall be TWO THOUSAND ($2,000.00) DOLLARS per year and the
"base index" shall be the month in which 8aid option is
exercised. The propertywbic1:l is the subject of the option
is 8 tract of land 90 feet by 230 feet more particularly
described in EXHIBIT "B" attached hereto and made a part
hereof.
ARTICLE XXXI
Miscellaneous Covenants:
A. All polici.s of insurance required hereunder to
be carried by the Sub-Le.... shall bear proper endorsement
showing the original Le.so.. t s insurable interest t the Lessee's
interest, and that such interest is insured theretmder. In
each instance the original policy, or copy thereof, shall be
delivered to the Lessee prior to the effective date of said
policy, and all renewal policies at least TEN (10) days prior
to the expiration date of the policy being renewed, together
with receipt showing p.,..nt of the premium.
B. If Bankruptcyproc,edings , whether'voluntary or
involuntary, or any other insolvency proceedings be brought
against the Sub-Less.., and the Sub-Lessee fails to obtain
dismissal of such proc..dinga within niIRTY (30) days from
the date the 8ame ware instituted, then and in such event the
Le..ee may, at its option, declare this LEASE terminated and
its term ended.
C. This constitute. the entire agreement between the
parties, and the 8ame .hall be binding upon the heirs, successors,
legal representatives and assigns of the parties hereto.
D. Time is of the essence of this LEASE.
-26-
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......................,/.;.. . x. Le.... make. no repr.sentation nor warranty that
>':,...;.,i,;'i.....'. .
".u".'_.'" "-. eaoroaem.nt., u.pon the property nor any 4Uput8
~. . "
~i:.~..:, ..... ". '.,' .
.;.i....,'~___J' ..to 'bcMIDd1l'1 ltn... Leasee shall not be
.,'...:.~,!toc,,.,....tA.... fa ,the evet'lt t:bere 18 any 8uch ..croacb....t
r.,~~~,:~""....\.("'i;\1'1/"'" . '~:""..". ,. ..
.::{!.,.,;4Jit'7_~:dti...,.r ~OIlfuatOl\..to bouadaJ:Y lines of the property.
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i;~~~~:"aD7,~h --rcNtC--i, Or dispute Or.' conf.""", "d.
.; .'.... . . ',.' .., ...., . . ., .. . .. ' . '.'.' ,
" . ?'i ",,;M",:...eUdi_.:_nrta.tiOD or modlff.cat1oc of tbi.
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. .:i~~"'~,\.',~~~"iJt;;:.::<:{'\.(:,.:t:>...1 ':,
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
On this 19~_ day of FEBRUARY, 1976, before me personally
came AL ROGER~ known and who being by me duly sworn, did
depos~ppd say that he resides in Clearwater, Florida; that he
is the(tiresident of AL R~RO AND ASSOCIATES, INC., the corpo-
ration described in and which executed the above instrument,
and that he knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said corporation,
and that he signed his name thereto by like order.
MY-"~~~,!S's.ion expires:
. .
o
,-.~ )-.'- .~ _!
/N~~f Pub11c, Stateo,f Florida at large
, ~ ,'My ~9mm!G5ion'Expir" SeFt. 28, 1979
~ ::~dbY . American Fil~ & CasuaJty Co.
S'l:A1E OF . FL~IDA )
C~Y'OF PINELLAS)
On this /9 da, of FEBRUARY, 1976, before me personally
came JOSEPH RODRIGUEZ, to me known and known to me to be the
person described in and who executed the foregoing instrument
and he acknowledged before me that he exiouted the same for the
purposes therein expressed.
WITNESS my hand and o(ficial seal at Clearwater, Pinellas
County, Florida, the day and year last above noted.
My C~~;?D expires:
, - '
-.~~-" , - ~.'
~~:!\I!:l!i;;;~'~le ~~r'.floricla at large
:~ "'. ji,mmission EXpires Sjlpl. 28, 1779
:::.': ~~ Y:AA1ol.lc~ f<I8 &::CaMlIty Ca.
- '- '-.... -'.. ..'
. ..
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"\
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-""-<
-- .'~ --:-- -,
-28-
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EXHIBIT "Au
The West 90 feet of the South 230 feet of the following
described property:
A tract of land lying in the NE 1/4 of SEC. 17, Township
29 South, Range 16 East, encOIIpass1ng the S 1/2 of the SE 1/4
of the HE 1/4 le.. the South 330 FT. and less the West 447 FT;
Also, the BE 1/4 of the NE 1/4'1.s8 the South 610 FT.
and le.. the West 447 FT.
And the South 330 FT. of the SE 1/4 of the NE l/4 less
the West 447 FT. and 1... Road. and less the West 300 FT. of
the East 333 FT. of the Hott~ 250 FT. of the South 300 FT.
All being more particularly d..crtbed as follows:
Commencing at tht SE ~oro8r of the NE 1/4 of said
SEC. l7, run N OU 37'0)" E alOllS the East boundary
line of said SEC. 17, 300 FT.; thence run N 890 22'
57" W, 33.00 FT. tothe,Point-of"Beginning. From
said P.O.B. f run S 89Q"43' 38" w. 300.00 FT.; thence
run S 00 37 03" W,2S0 FT. to the North Right-of-
Way line of Stat. ad, No. 60 (A 100 FT. R/VI); th8llce
run S 890 431 38" VI along said North Right-of-Way
Line 597.80 FT.; thenc:;.:~un N 00 06' 27" E, 1275.00
FT.; thence r~ N 890 5S' 48" E, 909.l0 FT. to the
West Right-af-Way L~. of Co. Rd. No. 6l; thence
run S 00 37' 03" W along said West Right-of-Way
line l02l.13 FT. to t~. Point-of-Beginning, all
in Pinellas County, Fl~1da.
LESS AND EXCEPT those lanels ,lJt..ed to PAYLESS STATIONS, INC.
(fo~rly THauaC* OIL COMPANY OF KENTUCKY, INC.) a8 shown
in Memorandum of Lea.. recorded in O.R. Book 3002, page 150,
Pub lie Records of Piaella. County" Florida.
l
t1
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/.
EXHIBIT "B"
The West 90 feet of the.No~th 230 feet of the South
460 feet of the following deacr1~ed property:
A tract of land lytng in the NE 1/4 of SEC. 17.
Township 29 South. Range 16 East, encompassing
the S 1/2 of the SE 1/4 of the NE 1/4 less the
South 330 FT. and 1...:the West 447 FT;
Also, the SE 1/4 of the NE 1/4 less the South 610 FT.
and less the West 447.FT.
And the South 330 FT. of the SE 1/4 of the NE 1/4 less
the West 447 FT. and l..s Roads and less the West 300 FT. of
the East 333 FT. of the Nosth 250 FT. of the South 300 FT.
All being more particularly described as follows:
Commencing at the SE corner of the NE 1/4 of said
SEC. l7, run N 0037' 03" E along the East boundary
line of said SEC. 17. 300 FT.; thence run N 890 22'
57" W, 33.00 FT. to. the Point-of-Beginning. From
said P.O.B., run S 890 43' 38" W, 300.00 FT.; thence
run S 00 37 03" W, 250 FT. to the North Right-of-
Way line of State ad. No. 60 (A 100 FT. R/W); thence
run S 890 43' 38ltW..long said North Right-of-Way
Line 597.80 PT.; t~llce run N 00 06' 27" E, 1275. 00
FT.; thence run N 8901.' 46" E, 909 .lO FT. to tbe
West Right-of-Way Line of Co. Rd. No. 6l; thence
run S 00 37' 03" W along said West Right-of-Way
line l02l.l3 FT. to ~b. 'oint-of-Beginning, all
in Pine1laa County, Florida.
LESS AND EXCEPT those lands, leased to PAYLESS STATIONS, INC.
(formerly nI<JlNTaJ OIL COMPANY OF KENTUCKY, INC.) as shown
in Memorandum of Lease r,corded in O.R. Book 3002, p~ge l50,
Public Records of ptn.1lalCounty, Florida.
-----~,
_.....,..i....l