LEASE AGREEMENTLEASE AGREEMENT
THIS LEASE dated the 19th day of May, 2010, by and between Powell
Professional Center, LLLP, a Florida corporation, having an office at 6830
Central Avenue, Suite C, St. Petersburg, FL 33707 hereinafter called
"Landlord", and City of Clearwater, called "Tenant".
W I T N E S E T H:
ARTICLE I - SPECIFIC TERMS
Section 1.01 "Leased Premises"
Landlord leases to Tenant and Tenant rents from Landlord the premises
(hereinafter called "Leased Premises") being the interior only of the space
designated on the plan attached hereto as Exhibit "A" as Suite #240,
containing approximately 2,677 rentable square feet ("RSF"). Leased
Premises is part of a commercial building commonly known as Powell
Professional Center, located at 401 Corbett Street, Clearwater, Pinellas
County, Florida, hereinafter called "Entire Premises". As an appurtenance
to Leased Premises, Landlord grants to Tenant the revocable nonexclusive
license to use, in common with others entitled thereto, (as more
specifically provided in Section 3.01) all portions of Entire Premises
designated by Landlord from time to time as Common Facilities. Should
Landlord revoke, for any reason, Tenant's nonexclusive license to use any
portion of the Entire Premises which prevents or alters Tenant's use of the
Leased Premises as contemplated hereunder, the Tenant may terminate this
Lease in its entirety, in its sole discretion, and Tenant shall only be
responsible for obligations which have accrued hereunder as of the
termination date.
Section 1.02 "Term"
The Term of this Lease shall be three (3) years, commencing the 1st of
July, 2010, and ending at noon on June 30, 2013, expressly subject to the
provisions of Section 14.09 herein.
Section 1.03 "Minimum Rent"
The Minimum Rent payable under this Lease shall be $3,569.33 Dollars
per month as provided in Section 2.01 and payable at the office of
Landlord, together with any applicable State sales tax.
Section 1.04 "Additional Rent" - "Cost of Operation"
As Additional Rent, Tenant shall pay to Landlord Tenant's
proportionate share of all costs of Operation of the Entire Premises in
excess of the Base Cost per square foot for each calendar year, as provided
in Sections 2.02 and 2.03.
Section 1.05 "Proportionate Share"
For all purposes of this Lease, Tenant's proportionate share shall be
the ratio that the rentable area of Leased Premises (RSF) bears to the
rentable area of Entire Premises (48,120 RSF) or 5.6%.
Section 1.06 "'Security"
Landlord shall retain a one-time security deposit of $3,569.33, in
addition to Minimum Rent. All security deposits are non-interest bearing.
Page 1 of 19
Section 1.07 "Use"
The Leased Premises shall be used and occupied by Tenant as Corporate
Executive, Medical, or General Business offices. Tenant, at Tenant's
expense, shall comply with all applicable rules, regulations, ordinances
and laws of governmental authorities having jurisdiction of the Leased
Premises, but only insofar as compliance shall pertain to the conduct of
Tenant's business. It shall be the responsibility of the Landlord, at
Landlord's expense, to ensure that the Leased Premises, the Building, and
any use, repairs, alterations, changes or additions to the Leased Premises
or the Building, comply with all applicable laws, regulations, ordinances
and rules, including but not limited to the Americans with Disabilities Act
and the accessibility guidelines issued thereunder. In the event Landlord
fails to make such alterations within sixty (60) days of the commencement
of the Lease, Tenant shall have the option, but not the obligation, to make
such alternations and deduct the expense of such alterations from the rent
under the Lease.
Section 1.08 "Notices"
All notices or demands required or permitted to be given or served
under this Lease shall be deemed to have been given or served only if in
writing forwarded by registered or certified mail, postage prepaid, and
addressed as follows:
To Landlord at: Powell Professional Center, c/o
Northstar Commercial Real Estate
Services Inc., 6830 Central Avenue,
Suite C, St. Petersburg, FL 33707
With, Copy to:
To Tenant at: City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
With Copy to: City of Clearwater
Human Resources Department
P.O. Box 4748
Clearwater, FL 33758
Such addresses may be changed by either Party by notice delivered as above
provided to the other Party. If Landlord or any mortgagee shall so request
of Tenant, Tenant shall send such mortgagee a copy of any notice thereafter
sent to Landlord.
Section 1.09 "Sales Tax"
Tenant, as a municipality in accordance with 212.08(5) Fla. Stat., is
exempt from the requirement to pay sales tax.
ARTICLE II - RENT - COMMENCEMENT OF TERM
Section 2.01 (A) "Minimum. Rent"
The Minimum Rent for each month of the term of this Lease in the
amount set forth in Section 1.03 shall be payable by Tenant as therein set
forth without prior demand and without set-off or deduction,
specifically set forth herein, in advance to Powell Professional
LLLP, 6830 Central Avenue, suite c, St. Petersburg, FL 33707 or
other place as may be designated by Landlord from time to time.
term of this Lease shall commence on a day other than the first
month, Tenant shall pay, upon the commencement date, a portion
Minimum Rent prorated on a thirty (30) day basis.
unless
Center,
at such
If the
day of a
n of the
Page 2 of 19
Having heretofore stated that rent is due on the first day of each
successive month, Landlord shall be entitled to a late fee of five percent
(5%) of monthly rental for any rent not received by Landlord, on or before
the 10th day of the month.
Base Rent Schedule
Year 1
Jul 2010 - Jun 2011
Year 2
Jul 2011 - Jun 2012
Year 3
Jul 2012 - Jun 2013
(B) "Escalations"
$ 3,569.33 per month
$ 3,676.41 per month
$ 3,786.71 per month
Commencing with the first anniversary of the Commencement Date, and
each year thereafter (years 2 and 3) the base rent shall be adjusted by an
increase of three percent (30) of the prior year's base rent as reflected
in the above rent schedule.
Section 2.02 "Cost of Operation"
The Tenant's share of Common Area cost of operations is included in
the base rent by way of an eighteen (180) per cent of the Common Area
factor being applied to the USF to arrive at RSF.
Usable areas are measured to the center of demising walls and the
exterior of all other walls. The USF of the suite covered under the lease
is 2269 square feet.
Section 2.03 "Additional Rent"
All sums payable under this Lease by Tenant, over and above Minimum
Rent, ($ 3,569.33 per month with applicable increases as reflected in the
Base Rent Schedule) whether or not specifically so denominated shall be
deemed additional rent collectible as such, and payable in the same manner
as Minimum Rent. Tenant's monthly rents may be increased to account for
certain cost increases incurred by Landlord, such as increases in the
building's real estate taxes, the building's insurance costs (excluding
personal property), maintenance and repair costs, and utility costs. Cost
increases shall be charged as additional rent to Tenant on a pro rata
basis, determined by comparing the total amount of square footage leased by
Tenant (2677 square feet) to the total amount of square footage in the
Building, which is 48,120 square feet (or 5.6%) for the purposes of this
calculation. The base year costs shall be determined on a annualized
basis. Landlord shall submit a statement to Tenant within 30 days of the
completion of the calendar year documenting said cost increases for that
calendar year in a form acceptable to Tenant, or said costs can be
reasonably estimated, if agreed to in writing by both parties, with any
difference to be made up by the responsible party when the precise
documentable numbers are certain, and Tenant shall pay such amounts within
30 days after receipt of the statement, if applicable. After termination
of the Lease, Tenant will be asked to pay its proportionate amount of any
Additional Rent as defined herein, prorated for each month of the then
current calendar year. In no event shall the Additional Rent at the end of
year one exceed five-percent (5., %) of the Minimum Rent. In no event shall
each year's cost increases payable by Tenant exceed by more than 5% the
previous year's cost increases paid by Tenant.
Page 3 of 19
Section 2.04 "Interest"
wherever in this Lease there is a provision that Tenant shall be
liable for the payment of any sum to Landlord, together with interest
thereon, or wherever Tenant shall fail to pay any sum within ten (10) days
of when due, such sum shall bear interest at a rate equal to sixteen
percentage (16%) points per annum.
Section 2.05 "Commencement of Term -.Landlord's Work"
Notwithstanding the provisions of Section 1.02 to the contrary, the
term of this Lease and Tenant's obligation to pay rent hereunder shall
commence on the first day of the first month next following the expiration
of ten (10) days after Landlord delivers possession of Leased Premises to
Tenant or on the date Tenant begins use and occupancy of Leased Premises,
if earlier.
ARTICLE III - COMMON FACILITIES AND SERVICES
Section 3.01 "Common Facilities"
The Common Facilities referred to in Section 1.01 of this Lease shall
include all facilities including, without limitation, any landscaped areas,
lobbies, courts, elevators, atria, hallways and other similar facilities in
Entire Premises designated by Landlord for common or joint use of the
occupants thereof, their employees, agents, tenants, customers and other
invitees. The Common Facilities shall at all times be subject to the
exclusive control and management of Landlord. Landlord may from time to
time promulgate and enforce reasonable rules and regulations, uniformly
applied, for the use of the Common Facilities, and build or place
landscaping and other improvements thereon.
Section 3.02 "License"
The right of Tenant to use any of the Common Facilities is a revocable
license. Landlord makes no representation as to the identity, type, size
or number of other tenants. Should Landlord revoke, for any reason,
Tenant's nonexclusive license to use any portion of the Entire Premises
which prevents or alters Tenant's use of the Leased Premises as
contemplated hereunder, Tenant may, at its option, terminate Lease in its
entirety and Tenant shall only be responsible for obligations which have
accrued as of the termination date.
Section 3.03 "Landlord's Services"
Provided that Tenant is not in default under any of the provisions of
this Lease, beyond the expiration of any applicable grace period following
notice of default, Landlord shall:
(a) Provide elevator services, where applicable, on a twenty-four
(24) hour basis from Monday through Sunday;
(b) Furnish utilities, including electrical, heating and air
conditioning to the Common Facilities from 8:00 a.m. during business
days from Monday to Friday inclusive until 6:00 p.m.;
(c) Clean or cause the Common Facilities to be kept clean, provided
the same are kept in order by Tenant;
(d) Furnish on the first floor or lobby of Entire Premises a
directory of the names of the tenants thereof providing a Tenant such
number of listings as may be in accordance with the regulations
promulgated by Landlord from time to time with respect thereto, but
not more than Tenant's proportionate share (as defined in Section
1.05) of all directory listings; Landlord shall order names of Tenants
Page 4 of 19
accordingly, and Landlord will pay for initial name strips and Tenant
shall pay for subsequent changes.
(e) Unless due to Landlord's misconduct or negligence, Landlord shall
not be liable to Tenant for the failure to provide any utilities or
services either required or permitted to be supplied by Landlord under
the terms of this Lease. However, Landlord agrees in the event of any
suspension or failure of service to proceed with all due diligence to
restore or cause the restoration of such service as soon as is
reasonably practical under the circumstances. Notwithstanding the
foregoing, should failure to provide utilities or services extend
beyond seven (7) Galendar days, Tenant's rent shall be credited on a
pro-rated daily basis for each day the service or utility remains
unavailable and offset against the following month's rent.
(f) Landlord agrees to institute and enforce an employee parking plan
that provides for areas of prescribed patient parking, employee
parking, and physician parking. Tenant and its employees shall comply
with the parking plan and reasonable modifications thereto as may be
implemented by the Landlord from time to time.
Section 3.04 "Tenant Services"
Tenant shall provide separately metered electrical service used in the
Leased Premises, including applicable deposits. Landlord will provide the
installed electric meter. Tenant shall also provide telephone service.
Extraordinary utilities such as cable television (if required) shall be
provided by Tenant. Water, sewer and normal trash collection are provided
by Landlord. Extraordinary, special or excessive trash collection, waste
handling, biomedical waste, and waste disposal expense shall be provided
and paid for by Tenant.
ARTICLE IV - SIGNS, FIXTURES AND ALTERATIONS
Section 4.01 "Signs"
Tenant shall not place or erect any signs, decorative devices,
awnings, canopies or other advertising matter visible from the exterior of
the leased premises without the prior written consent of Landlord.
Section 4.02 "Trade Fixtures"
As mutually agreed, all trade fixtures installed by Tenant in the
Leased Premises shall be the property of Tenant and shall be removed at the
expiration or sooner termination of the term of this Lease or any renewal
or extension thereof. Tenant shall promptly repair any damage to Leased
Premises caused by such removal. If Tenant fails to remove any such trade
fixtures upon expiration or sooner termination of the term of this Lease,
such trade fixtures shall be deemed abandoned and shall become the property
of Landlord. Any lighting fixtures, heating and air conditioning
equipment, plumbing and electrical systems and fixtures and floor covering
shall not be deemed to be trade fixtures whether installed by Tenant or by
any other party and shall not be removed from Leased Premises but shall
upon installation become the property of Landlord without any compensation
to Tenant.
Section 4.03 "Alterations"
Tenant shall not make any changes, alterations, or improvements to
Leased Premises or any part thereof without first obtaining the written
consent of Landlord, which shall not be unreasonably withheld. In applying
for such consent, Tenant shall submit to Landlord reasonable plans and
specifications for the proposed work and an estimate of the anticipated
cost thereof. If Landlord determines it advisable to grant such consent,
Landlord may also impose such conditions as to permits, insurance, bonds
Page 5 of 19
and waivers and releases of mechanic's liens as Landlord in its sole
discretion deems advisable or necessary. Any alternations, additions or
improvements made by Tenant with the consent of Landlord shall become the
property of Landlord and shall remain upon the premises at the expiration
or sooner termination of this Lease unless Landlord shall as a condition to
the approval of same require that it have the option at the termination of
this Lease to cause Tenant to restore Leased Premises to its condition
prior to the making of such alternations or improvements, reasonable wear
and tear and damage due to casualty are acceptable.
Section 4.04 "Mechanic's Liens"
Before performing or permitting the performance of any work within
Leased Premises as permitted under any provision of this Lease or otherwise
by Landlord, Tenant shall, at its own cost and expense, take such steps as
Landlord might reasonably require in order that no lien for labor or
materials will be attached to the Leased Premises or Entire Premises as a
result of such work. Tenant shall not permit any mechanics' or other lien
or claim for lien or notice in respect thereto to be filed against the
Leased. Premises. If any such lien, notice or claim, be made or filed,
Tenant shall within ten (10) days after notice of the filing thereof cause
said lien, notice or claim for lien to be effectively removed and
discharged of record; provided, however, that Tenant shall have the right
to contest the amount or validity, in whole or in part, of any such lien,
notice or claim by appropriate proceedings but in such event Tenant shall
promptly bond such lien, notice or claim with a surety company satisfactory
to Landlord and shall prosecute such proceedings with all due diligence and
dispatch. If Tenant fails to so discharge such lien, notice or claim by
paying the full amount thereof, or otherwise, and without any investigation
or contest of the validity thereof, then Tenant shall pay to Landlord upon
demand, as additional rent the outstanding lien amount actually paid by
Landlord.
ARTICLE V
OCCUPANCY, MAINTENANCE, REPAIR AND SURRENDER OF LEASED PREMISES
Section 5.01 "Occupancy Agreements"
Tenant covenants that Tenant:
(a) will not use the plumbing facilities for any other purpose than
that for which they are constructed and will not permit any foreign
substance of any kind to be thrown therein. The expense of repairing
any breakage, stoppage, seepage or damage whether occurring on or off
Leased Premises, resulting from a violation of this provision by
Tenant or Tenant's employees, agents or invitees shall be born by
Tenant;
(b) will comply with all laws and ordinances and all rules and
regulations of governmental authorities and all recommendations of the
Association of Fire Underwriters with respect to the use or occupancy
of Leased Premises by Tenant;
(c) agrees that Landlord may amend, modify, delete or add new and
additional reasonable rules and regulations of uniform application for
the use and care of the Leased Premises, as long as said rules and
regulations do not alter the Tenant's use as contemplated at the
inception of this Lease, the Entire Premises and the Common Facilities
as defined in this Lease;
(d) will comply with all such further rules and regulations upon
prior written notice to Tenant from Landlord; .
Page 6 of 19
(e) will use only such electrical appliances as will not overload (in
excess of five (5) watts per square foot) the electrical service as
supplied by Landlord for normal office lighting and electric office
equipment at the commencement of the term of this Lease. If Tenant
shall use or require additional electrical service, Tenant shall
provide the same at its own cost and expense, but only in accordance
with specifications approved by Landlord in writing;
(f) will not use or operate any machinery, that in Landlord's
reasonable opinion, is harmful to the Leased Premises or Entire
Premises or disturbing to tenants occupying other parts of Entire
Premises;
(g) will not place any weights in any portion of En Lire Premises
beyond the safe carrying capacity of the structure;
(h) will not manufacture any commodity or prepare or dispense any
food or beverages in Leased Premises, except for Tenant's own use;
(i) will not remove or attempt to remove any of Tenant's goods or
property from or out of the Leased Premises, other than in the
ordinary course of business, in such a manner as to impair or affect
Landlord's lien without first having paid Landlord all rent which may
become due during the entire term of this Lease;
(j) will not permit any odor, noise, sound, or vibration which may,
in Landlord's reasonable judgment, in any way tend to impair the use
of any part of the Entire Premises or interfere with the business or
occupancy of any other Tenant, or make or permit any disturbance of
any kind in the Entire Premises, or interfere in any way with any
other tenants or those having business in the Entire Premises;
(k) will not obstruct any sidewalks, halls, passageways, elevators or
stairways in the Entire Premises or any part thereof, or use the same
for any purpose other than ingress or egress to and from the Leased
Premises;
(1) will not bring in to or remove from Entire Premises any heavy or
bulky object except with the aid of experienced movers or riggers
approved in writing by Landlord and in accordance with the rules and
regulations set forth by Landlord;
(m) will not keep any animal in or about the Leased Premises;
(n) will not use any part of Leased Premises as sleeping rooms or
apartments;
(o) will not place or operate or permit to be placed or operated any
vending machines in Leased Premises; and
(p) will not make any penetrations to the roof or common areas of the
building in which the Leased Premises are located, without the advance
written consent of Landlord, which may be withheld in the sole and
absolute discretion of the Landlord.
Section 5.02 "Surrender of Leased Premises"
At the expiration of or sooner termination of the tenancy hereby
created, Tenant shall peaceably surrender the Leased Premises in the same
condition of cleanliness, repair and sightliness as the Leased Premises
were in upon the commencement of business under this Lease, subject only to
reasonable wear and tear and damage by casualty. At such time, Tenant
shall surrender all keys for the Leased Premises to Landlord at the place
then fixed for the payment of rent and shall inform Landlord of all
combinations on locks, safes and vaults, if any, in the Leased Premises.
Tenant shall, in accordance with Section 4.02, remove all its trade
Page 7 of 19
fixtures before surrendering Leased Premises and shall repair any damage to
the Leased Premises caused thereby. Tenant's obligation to observe or
perform this covenant shall survive the expiration or other termination of
the term of this Lease.
Section 5.03
"Waste or Nuisance"
Tenant shall not commit or suffer to be committed any waste upon the
Leased Premises. Tenant shall not commit or suffer to be committed any
nuisance or other act which may disturb the quiet enjoyment of any other
tenant or occupant of Entire Premises.
ARTICLE VI - INDEMNITY, INSURANCE AND WAIVER OF CLAIMS
Section 6.01 "-Indemnity"
Tenant shall indemnify and hold Landlord harmless from all claims for
damages or injuries to property, and for any personal injury or loss of
life in, upon or about the Premises caused by Tenant's negligence or inten-
tional acts, unless Landlord's negligence or intentional acts caused such
damage or injuries in which event Landlord shall indemnify and save Tenant
harmless for such claims for damages or injuries. The indemnifying party
shall be responsible for any attorney fees incurred by the indemnified
party pursuant to this provision. Notwithstanding anything contained
herein to the contrary, this indemnification provision shall not be
construed as a waiver of any immunity to which City is entitled or the
extent of any limitation of liability pursuant to § 768.28, Florida
Statutes, 2009. Furthermore, this provision is not intended to, nor shall
be interpreted as, limiting or in any way affecting any defense City may
have under § 768.28, Florida Statutes, 2009 or as consent to be sued by a
third party.
Section 6.02 "Insurance"
Within 30 days and throughout the term of this Lease and any
extensions thereof, and so long as Tenant or any party claiming under
Tenant remains in possession of Leased Premises Tenant shall obtain,
maintain and pay for comprehensive general liability insurance covering the
Leased Premises, and the contractual liability of Tenant under this Lease
in form and with insurers reasonably satisfactory to Landlord, and with a
minimum limit of One Million ($1,000,000.00) Dollars for injury or death
and Three Hundred Thousand ($300,000.00) Dollars for property damage, and
for such other coverages as may be reasonably required by Landlord.
All insurance policies required to be maintained by Tenant under this
Lease shall be in insurance companies licensed to do business in the State
of Florida, and shall name Landlord and its managing agent as Certificate
Holders. Certificates of such insurance (showing payment of current
premiums thereon) shall be delivered to Landlord a minimum of ten (10) days
prior to the commencement of the term of this Lease with renewals thereof
delivered to Landlord a minimum of ten (10) days prior to the expiration of
any of such policies. If requested to do so, Tenant shall also provide
Landlord with copies of the pertinent portions of all such policies. Each
policy shall contain an agreement by the insurer that such policy shall not
be canceled without thirty (30) days prior notice to Landlord by certified
mail. If Tenant fails to deliver any of the certificates as required in
this Lease, Landlord may terminate this Lease. However, Tenant may self-
fund any risk provided for in this paragraph in lieu of purchasing
insurance coverage therefore and provide documentation thereof.
Page 8 of 19
Section 6.03 "Landlord's Insurance"
Landlord shall obtain and keep insurance in an amount equal to the
replacement value of all improvements located on or appurtenant to the
Leased Premises and as may be required by any mortgagee of Entire Premises.
If-there shall be any increase in premiums that may be charged during the
term of this Lease on any insurance carried by Landlord on Entire Premises
caused by Tenant or from any act or omission of Tenant, Tenant shall pay as
additional rent hereunder the amount of such increased premiums. A
schedule issued by the organization establishing the insurance rate on
Entire Premises, showing the components of such rate, shall be conclusive
evidence of the amount of such premiums.
Section 6.04 `'Waiver of Claims"
Unless due to the negligence or misconduct of Landlord, its agents and
servants, Tenant waives all claims against Landlord, its agents and
servants and agrees to indemnify and hold it and them harmless for loss of
life, damage to person or property sustained by Tenant or any other
occupant of Leased Premises or of any other part of Entire Premises or by
its or their agents, servants and employees resulting directly or
indirectly out of the condition of Leased Premises or Entire Premises or
resulting from any accident or occurrence in or about Leased Premises or
Entire Premises. All property belonging to Tenant or any occupant of
Leased Premises or Entire Premises shall be thereon at the risk of Tenant
or such other person only and Landlord shall not be liable for damage
thereto or loss, theft or misappropriation thereof. Tenant shall be
responsible for all goods or property of any third party left upon Leased
Premises.
ARTICLE VII - DAMAGE OR DESTRUCTION
If any part of Leased Premises or of Entire Premises shall be damaged
or destroyed by fire or other casualty, Tenant shall give prompt notice
thereof to Landlord.
If more than thirty (30%) per cent of the area of Leased Premises
shall be rendered untenantable by such fire or other casualty then:
(a) If Landlord does not commence to repair Leased Premises within
thirty (30) days after the occurrence of such fire or other casualty,
Tenant, at its option, as its sole remedy may terminate this Lease by
notice to Landlord not later than sixty (60) days after such
occurrence; or
(b) Either party may terminate this Lease by sixty (60) days notice
to the other party.
Either party may also terminate this Lease if a substantial part of
Entire Premises shall be damaged or destroyed by fire or other casualty.
Upon any termination as herein permitted, this Lease shall expire as of the
date of such fire or other casualty. If this Lease is not terminated after
any fire or other casualty the Minimum Rent payable under Section 2.01
shall abate in the proportion that the damage area of Leased Premises bears
to the total rentable area thereof until such time as Landlord shall
complete repairs thereto. In the event of any such damage, Landlord may
enter upon Leased Premises and make repairs in accordance with the terms of
this Lease.
Page 9 of 19
ARTICLE VIII - EMINENT DOMAIN
Section 8.01 "Total Condemnation"
If the whole of Leased Premises shall be condemned by eminent domain
or shall be conveyed by Landlord in lieu of any such condemnation for any
public or quasi-public use or purpose, the term of this Lease shall expire
as of the date on which possession of Leased Premises is required to be
surrendered to the condemning authority, and all rent shall be paid up to
such date.
Section 8.02 "Partial, Condemnation"
If any part of Leased Premises shall be condemned by eminent domain or
shall be conveyed by Landlord in lieu of any such condemnation for any
public or quasi-public use or purpose and the remainder of the Leased
Premises shall thereafter be unsuitable for the business of Tenant, the
term of this Lease shall cease and terminate as of the date on which
possession of the Leased Premises is required to be surrendered to the
condemning authority as though such condemnation or conveyance were a total
condemnation under Section 8.01. If the remainder of Leased Premises after
such condemnation or conveyance is suitable for the business of Tenant,
Landlord shall promptly restore Leased Premises to the extent of net
condemnation proceeds available for such purpose after payment of all costs
and payment of any amounts that may be due to any first mortgagee for the
value of the diminished fee, to a condition as nearly comparable as
possible to its condition immediately preceding such condemnation or
conveyance, and rent shall abate in the ratio that the area of Leased
Premises condemned or conveyed bears to the total area of Leased Premises
before such condemnation or conveyance.
Section 8.03
"Condemnation of Entire Premises"
If any part of Entire Premises shall be condemned by eminent domain or
shall be conveyed by Landlord in lieu of such condemnation for any public
or quasi-public use or purpose and the remainder of Entire Premises after
such conveyance or condemnation shall be unsuitable, in the opinion of
Landlord, for continued operation as an integral unit, Landlord may elect
to treat such condemnation or conveyance as a condemnation or conveyance of
the whole or Leased Premises under the terms of Section 8.01. If Landlord
does not elect the foregoing option, this Lease shall continue without any
right on the part of Tenant to claim any reduction in rent or other
payments due hereunder by reason of the reduction in size of Entire
Premises.
Section 8.04 "Awards"
If Leased Premises or the rights of Tenant under this Lease shall be
affected in any way by any condemnation or conveyance in lieu thereof,
Tenant waives all claims of any nature whatsoever against Landlord and
assigns to Landlord all claims of any nature against the condemning
authority arising by reason of such condemnation or conveyance in lieu
thereof, including without limitation all claims for loss of Tenant's
leasehold estate. Notwithstanding the foregoing, Tenant may file such
claims with the condemning authority as may be permitted by applicable law
for removal expenses, business dislocation damages, and moving expenses but
only so long as such claims do not reduce any award otherwise payable to
Landlord.
Page 10 of 19
ARTICLE IX - ASSIGNMENT AND SUBLETTING
Section 9.01 "Assignment and Subletting"
(a) Tenant shall not assign this Lease nor sublet all or any part of
the Leased Premises without the prior written consent of Landlord,
such consent shall not be unreasonably withheld. For the purposes of
this section, any mortgage, conveyance, transfer or encumbrance of
this Lease and any transfer by operation of law, and any transfer of
any right to possession or use of Leased Premises shall be deemed an
assignment or subletting. Notwithstanding any of the foregoing,
Landlord acknowledges that Tenant's service contractor shall be
carrying out all services to be provided in the Leased Premises.
(b) Other than as provided in paragraph (a) above, any request for
consent of Landlord to any subletting or assignment shall grant to
Landlord the option (which must be exercised in writing, mailed within
thirty (30) days after receipt of such request and shall be effective
upon the date of mailing of notice of such exercise by Landlord) to
recapture the portion of Leased Premises with respect to which such
request was made. Thereafter, the rent and additional rent payable
under this Lease shall be reduced in proportion that the rentable Area
of the released portion bears to the total rentable Area of Leased
Premises immediately prior to such recapture. As a result of any such
recapture, Landlord, its successors and assigns, shall also be granted
by Tenant, without charge, such rights of access to the remainder of
Leased Premises as were to be given to the proposed subtenant or
assignee, and as are reasonable and necessary to permit occupancy of
the recaptured portion of the Leased Premises.
(c) Consent by Landlord to any assignment or subletting shall not
constitute a waiver of the necessity for such consent to any
subsequent assignment or subletting.
(d) If Leased Premises be occupied by anyone other than Tenant,
whether as assignee, subtenant, concessionaire or otherwise, Landlord
may collect rent from such occupant, and apply the net amount
collected to the rent reserved under this Lease and acceptance of such
rent shall not be deemed a consent to any such occupancy or any such
other party.
(e) An attempted assignment without the consent of Landlord may, at
the option of the Landlord, be treated as an offer to terminate this
Lease.
(f) Any consent by Landlord to any assignment of this Lease may be
conditioned upon the assignee assuming the full and faithful
performance of all the terms and conditions of this Lease and upon the
continued liability of Tenant under all the terms hereof. Any consent
by Landlord to any subletting shall be conditioned upon the express
agreement by the subtenant to be bound by the terms, covenants and
conditions and restrictions of this Lease applicable to Tenant.
(g) If Tenant be a corporation, the merger of Tenant with any other
entity, the liquidation, dissolution or transfer of control of the
corporation by any means whatsoever (except by reason of death of a
principal shareholder), shall be deemed an assignment of this Lease.
If Tenant is a partnership or limited partnership, the transfer of
partnership interests by anyone or more of the general partners or the
transfer of control of the partnership by any means whatsoever shall
be deemed an assignment. For the purposes hereof, control shall mean
holding of more than 49% of the voting power of the entity. The
provisions of this section shall not apply to any publicly held
corporation (having more than 100 independent shareholders).
Page 11 of 19
Section 9.02 "Landlord"
The word "Landlord" when used in this Lease shall mean the owner from
time to time of the Landlord's interest in this Lease. If the interest or
estate of Landlord in Leased Premises shall terminate by operation of law
or by a sale of the premises or by execution or foreclosure sale or for any
other reason, or if any third party becomes entitled to collect and receive
rent under this Lease, Landlord shall be released and relieved from all
liability thereafter under this Lease, however, this Lease shall expressly
survive a transfer in interest of the Entire Premises or any part thereof.
Landlord's liability under this Lease shall be limited to real estate and
other assets of the partnership, joint venture or other owner of Landlord's
interest without direct or personal liability on the part of any partners,
joint venLurers or other parties participating therein.
ARTICLE X - SUBORDINATION AND QUIET ENJOYMENT
Section 10.01 "Subordination"
This Lease and all of the terms, covenants and conditions hereof is
and shall be subject and subordinate to any mortgage or mortgages or prior
leases affecting Leased Premises or Entire Premises or any part of either
of them. However, if any mortgagee or prior landlord so requests, Tenant
shall execute, acknowledge and deliver an agreement in form satisfactory to
such mortgagee or prior landlord subordinating such Lease to the Mortgage,
or agreeing to attorn to such mortgagee or prior landlord, or both,
provided that such mortgagee or prior landlord executes a non-disturbance
agreement in a form satisfactory to tenant.
Section 10.02 "'Estoppel Clause"
Within twenty (20) days after request by Landlord or upon any sale,
assignment or mortgage of Leased Premises, Tenant shall execute and deliver
to Landlord or to any proposed mortgagee or purchaser a certificate in
recordable form stating (if such be the case) that this Lease is in full
force and that there are no defenses or offsets thereto, or stating those
claimed by Tenant.
Section 10.03 "Quiet Enjoyment"
Subject to the express provisions of this Article and upon payment of
the rents and performance of all the other covenants, terms and conditions
of this Lease, Tenant shall peaceably and quietly hold and enjoy Leased
Premises for the term herein specified, subject nevertheless to the terms
and conditions hereof.
ARTICLE XI - RIGHTS OF LANDLORD
Section 11.01 - "Right of Ent 11
Upon notice, Landlord or Landlord's agents or such persons as Landlord
may authorize may enter Leased Premises at all reasonable times for
purposes of examination, exposition to prospective purchasers or tenants of
Leased Premises or Entire Premises and making of repairs, alterations,
improvements and additions to Leased Premises or Entire Premises all as
Landlord may deem necessary or desirable. Landlord may take into Leased
Premises all material that may be required to make such repairs,
alterations, improvements or additions. No such entry upon Leased Premises
shall be deemed an eviction of Tenant in whole or in part and the rent
reserved in this Lease shall not abate in whole or in part while any such
repairs, alterations, improvements or additions are being made by Landlord.
Landlord shall not be liable to Tenant for any damage, decrease or loss of
business occurring either during or after the making of any such repairs,
alterations, improvements or additions, as long as Landlord's entry does
not substantially interfere with Tenant's use of the Leased Premises for a
period of more than forty-eight (98) hours. Landlord shall use its best
Page 12 of 19
efforts to coordinate such necessary repairs after hours of use by Tenant.
During the six (6) month period prior to the expiration of the term of this
Lease or any renewal thereof, Landlord may exhibit Leased Premises to
prospective tenants or purchasers and place upon Leased Premises "For Rent"
or "For Sale" signs which Tenant shall permit to remain upon Leased
Premises without molestation. If Tenant or a designee of Tenant shall not
be present to open and permit entry into Leased Premises at any time when
such entry shall be necessary or permissible, Landlord or its agents may
enter Leased Premises by a master key or may forcibly enter thereon,
without rendering Landlord or such agent liable therefore and without
affecting the obligations and covenants of Tenant. The reservation of
rights in this Section shall not be construed as imposing upon Landlord any
obligation, responsibility or liability whatsoever for the care,
mainLerranue cr repair of Entire Premises or of Leased Premises except as
specifically provided in this Lease.
Section 11.02 "Utilities and Conduits"
Landlord may from time to time place conduits or other facilities for
utilities servicing other portions of Entire Premises over, across or
through such portions of Leased Premises not unreasonably interfering with
the appearance thereof or conduct of business therein by Tenant, as
Landlord deems necessary or advisable.
ARTICLE XII - DEFAULT AND REMEDIES
Section 12.01 "Events of Default"
The following shall be considered "Events of Default":
(a) The failure of Tenant to pay, within fifteen (15) days of due
date, any installment of rent or additional rent or any other sum
payable by Tenant under this Lease.
(b) The failure to perform, violation or breach by Tenant of any of
the terms, covenants or conditions of this Lease, which failure,
violation or breach shall continue unremedied by Tenant for a period
of ten (10) days after written notice thereof shall have been given to
Tenant by Landlord, or for such additional period as may be necessary
to remedy such failure, violation or breach with due diligence.
(c) The closing by Tenant of Leased Premises for a period in excess
of fifteen (15) successive business days, unless such closing shall be
caused by labor disputes, fire, condemnation or other cause beyond the
control of Tenant.
(d) The abandonment by Tenant of Leased Premises or the removal or
attempted removal by Tenant, except in the ordinary course of
business, of any goods or property from Leased Premises without having
paid and satisfied Landlord in full for all rent and other charges
then due or that may thereafter become due until the expiration of the
term of this Lease.
(e) The insolvency of Tenant as evidenced by an assignment by Tenant
for the benefit of creditors, a petition in bankruptcy or for
reorganization or an arrangement under any bankruptcy or insolvency
law being filed voluntarily Tenant, the adjudication of Tenant as a
bankrupt, the issuance by any court of an order for relief as to
Tenant, the filing against Tenant for a petition for appointment of a
receiver for all or any part of Tenant's assets or property either in
bankruptcy or other insolvency proceedings, unless such proceedings
shall be stayed or dismissed within sixty (60) days of the filing
hereof, or the levy against any portion of the assets or property of
Tenant by the Sheriff or other designed authority of any governmental
subdivision having jurisdiction thereover. If an order for relief
shall be granted, Tenant, or any party claiming on behalf of Tenant,
Page 13 of 19
shall be deemed to have given adequate assurances only if Landlord is
reasonably assured that a party of substantial financial strength will
continue occupancy of the Premises, continue to pay rent and in
general be in a position to operate a business on the Leased Premises
for a term of more than one year.
Section 12.02
"Effect of an Event of Default"
Upon the occurrence of any event of default, as a result thereof and
without entry or other action by Landlord;
(a) The balance of all rent and other charges to become due
throughout the term hereof shall, at the option of Landlord, be
accelerated and shall be iitunediately due and payable, and Landlord may
in its own name assign, sublet or relet Leased Premises for any period
equal to or greater or less than the remainder of the term hereof for
any sum which Landlord may deem reasonable to any Tenant Landlord may
select, and for any use or purpose which Landlord may designate. If
Landlord so sub lets or assigns this Lease, Tenant hereby irrevocably
constitutes and appoints Landlord as Tenant's agent to collect any
rents due from such assignee or subleases and apply the same to the
rent due hereunder as an offset, without in any way affecting Tenant's
obligation to pay any unpaid balance of rent and other charges due
hereunder. In the event of such assignment or subletting, Landlord
shall apply the rents received therefrom to the obligation of Tenant
hereunder until Landlord shall have recovered in full all amounts due
and owing from Tenant to Landlord together with a service charge of
ten (100) per cent to Landlord. Landlord shall be under no obligation
whatsoever, either to assign, sublet or relet Leased Premises, at any
time or upon any specific terms and conditions.
(b) At the option of Landlord, this agreement and the term created
hereby shall cease and terminate and herome absolutely void without
any right on the part of Tenant to save the forfeiture by payment of
any sum due or by other performance of any term, covenant or condition
broken or defaulted, whereupon Landlord shall be entitled to recover
damages for such event of default in an amount equal to the amount of
rent reserved for the balance of the term hereof, less the fair rental
value of Leased Premises for the balance thereof.
Section 12.03
"Remedies of Landlord"
Upon the occurrence of any event of default, Landlord or anyone acting
on Landlord's behalf, at Landlord's option, may, after proper written
notice of such default, where Tenant fails to cure default as provided for
hereunder:
(a) Without notice or demand enter the Leased Premises breaking open
locked doors, if necessary, to effect entrance, without liability to
action or prosecution for damages for such entry or for the manner
thereof, for the purpose of distraining (to the extent permitted by
Chapter 83, Florida Statutes, 2009 and other applicable law) or
levying and for any other purposes, and take possession of and sell
all goods and chattels of Tenant at auction, on three (3) days' notice
served in person on Tenant or left on Leased Premises, and retain the
proceeds thereof on account of Tenant's obligations hereunder; and
Tenant hereby forever remises, releases, and discharges Landlord, and
its agents, from all claims, actions, suits, damages and penalties,
for or by reason or on account of any entry, distraint, levy,
appraisement or sale; or
(b) Lease Leased Premises or any part or parts thereof to such person
or persons for such rents and for such terms as may, in Landlord's
discretion, seem best without affecting Tenant's liability for any
actual loss of rent for the balance of the term after rents collected
Page 14 of 19
during the remainder of Tenant's term are offset against all amounts
due.
Section 12.04 "Cost of Enforcement"
If findings of arbitration or court is in favor of Landlord, Tenant
shall pay to Landlord, as additional rent upon demand, all of Landlord's
costs, charges and expenses, including without limitation the reasonable
fees of counsel, agents and others retained by Landlord for the enforcement
of Tenant's obligations under this Lease and also any such costs, charges,
expenses or fees incurred by Landlord in any litigation in which Landlord,
without Landlord's fault becomes involved or concerned by reason of this
Lease or the relationship of Landlord and Tenant under this Lease.
If findings of arbitration or court is in favor of Tenant, Landlord
shall pay to Tenant, all of Tenant's costs, charges, and expenses,
including without limitation the reasonable fees of counsel, agents and
others retained by Tenant for the enforcement of Landlord's obligations
under this Lease and also any such costs, charges, expenses or fees
incurred by Tenant in any litigation in which Tenant, without Tenant's
fault becomes involved or concerned by reason of this Lease or the
relationship of Landlord and Tenant under this Lease.
Section 12.05 "Cumulative Remedies"
All of the remedies hereinbefore given to both parties and all rights
and remedies given to it by law and equity shall be cumulative and
concurrent. No determination hereof of the taking or recovering of Leased
Premises shall deprive both parties of any of its remedies or actions
against Tenant for rent or any and all other sums due at the time or which,
under the terms hereof, would in the future have become due if there had
been no determination, nor shall the bringing of any action for rent or for
breach or default under any term, condition or covenant, or the resort to
any other remedy herein provided for the recovery of rent, be construed as
a waiver of the right to obtain possession of the demised premises.
Section 12.06 "Landlord's Right to Enforce Strictl "
Any law, usage or custom to the contrary notwithstanding, Landlord
shall have the right at all times to enforce all terms, conditions and
covenants hereof in strict accordance herewith, notwithstanding any conduct
or custom on the part of Landlord in refraining from so doing at any time
or times. Further, the failure of either party at any time or times to
enforce its rights hereunder strictly in accordance with the same shall not
be construed as having created a custom in any way or manner contrary to
any specific term, condition or covenant hereof, or as having in any way or
manner modified the same.
ARTICLE XIII - SECURITY DEPOSIT
Section 13.01 "Purpose of Deposit"
The security deposit posted by Tenant under the terms of Section 1.06
of this Lease shall be held by Landlord or Landlord's Agent as security for
the faithful performance by Tenant of all of the terms, covenants, and
conditions of this Lease throughout the term and any extensions thereof.
If at any time during the term of this Lease any of the rent reserved in
this Lease shall be overdue and unpaid or any other sum payable by Tenant
to Landlord under this Lease shall be overdue and unpaid, Landlord may, in
its reasonable discretion and in addition to any other remedies provided at
law or in equity or by this Lease appropriate and apply any portion of such
deposit to the payment of any such overdue rent or other sum. Within
thirty (30) days after expiration of the term of this Lease, as such term
might be extended from time to time, Landlord shall refund such deposit,
without interest, less any reduction therein because of default on the part
of the Tenant.
Page 15 of 19
Section 13.02 "Use of De osit"
If Tenant shall fail to keep and perform any of the terms, covenants
and conditions of this Lease binding upon Tenant, Landlord may at its
reasonable discretion in addition to any other right or remedy provided in
this Lease or at law or in equity, appropriate and apply so much of such
deposit as may be necessary to compensate Landlord for all loss or damage
sustained or suffered by Landlord by reason of such breach of Tenant.
Should any part of such deposit be appropriated and applied by Landlord for
any reason, Tenant shall promptly upon receipt of notice thereof, pay to
Landlord such amounts as may be necessary to restore such deposit to the
amount set forth in Section 1.06. Tenant's failure to maintain such
deposit at the amount set forth in Section 1.06 shall constitute a material
breach of this Lease.
Section 13.03 "Transfer of Deposit"
Upon any transfer of the Landlord's interest in this Lease to a
successor, Landlord shall deliver the amount of such deposit to such
successor whereupon Landlord shall be relieved of any obligation to return
such deposit to Tenant and Tenant shall thereafter look to such successor
for the performance of all the terms of this Article.
ARTICLE XIV - MISCELLANEOUS PROVISIONS
Section 14.01 "Tenant"
The word "Tenant" used in this Lease shall mean every person or party
named as Tenant in this Lease. Any notice given as provided in Section
1.08 shall bind all such parties and it shall have the same force as if
given to all of them. The use of the neuter singular pronoun to refer to
Landlord and Tenant shall be deemed a proper reference to either of them
whether they are an individual, a partnership or any form of joint venture.
Section 14.02 "Accord and Satisfaction"
No acceptance by Landlord of an amount less than the monthly rent and
other payments stipulated to be due under this Lease shall be deemed to be
other than a payment on account of the earliest such rent or other payments
then due or in arrears nor shall any endorsement or statement on any check
or letter accompanying any such payment be deemed an Accord and
Satisfaction. Landlord may accept any check for payment by Tenant without
prejudice to Landlord's right to recover the remainder of any rent or other
payment then in arrears and Landlord may pursue any other remedy provided
in this Lease. No acceptance by Landlord of any payment of rent or other
sum by Tenant shall be deemed a waiver of any of the obligations of Tenant
under this Lease.
Section 14.03 "Holding Over"
Any Holding Over after the expiration of the term of this Lease, with
the consent of Landlord, shall at Landlord's option be construed to be a
tenancy either from month to month at the rent and other payments herein
specified and shall otherwise be subject to the conditions, covenants and
agreements of this Lease. If Tenant shall Holdover without the consent of
Landlord after the termination of this Lease for any reason whatsoever,
Tenant shall pay as liquidated damages and not as.a penalty an amount equal
to two hundred (200%) percent the prorated Minimum Rent for the period
during which such Holding Over continues, but the acceptance of such amount
by Landlord shall be without prejudice to any other rights or remedies of
Landlord at law or in equity or under this Lease.
Page 16 of 19
Section 14.04 "Recording"
Tenant shall not Record this Lease without the written consent of
Landlord. If requested by Landlord a memorandum of short-form Lease
setting forth only such items as are required to be set forth under the
Laws of the State of Florida in effect at such time shall be executed by
Tenant. This Lease shall be retained and subject to disclosure in
accordance with Chapter 119, Florida Statutes, or other applicable law.
Section 14.05 "Delays"
If either party to this Lease shall be delayed or prevented from the
performance of any obligation hereunder (other than the obligation of
Tenant to pay rent or additional rent when due) by reason of labor
disputes, inability to procure materials, failure of utility services,
restrictive governmental laws or regulations, riots, insurrection, war or
other similar causes beyond the control of such party, the performance of
such act shall be excused for the period of the delay. The provisions of
this Section 14.08 shall not excuse Tenant from the prompt payment of any
sums payable under any of the provisions of this Lease, as long as Tenant's
use and occupation as contemplated herein is not frustrated.
Section 14.06 "Entire Acreement"
This Lease and the Exhibits and any Rider attached hereto sets forth
the Entire Agreement between the Parties and there are no other agreements
expressed or implied, oral or written, except as herein set forth. This
Agreement may not be amended, altered or changed except in writing executed
by both of the parties hereto.
Section 14.07 "Captions"
The Captions, Section numbers, Article numbers and Index appearing in
this Lease are inserted only for the convenience of the Parties and shall
not in any way affect the meaning or intent of any portion of this Lease.
Section 14.08 "Partial Invalidit and Construction"
The Sections of this Lease are intended to be severable. If any
Section or provision of this Lease shall be held to be unenforceable by any
court or competent jurisdiction, this Lease shall be construed as though
such Section had not been included in it. If any Section or provision of
this Lease shall be subject to two constructions, one of which would render
such Section or provision invalid, then such Section shall be given that
construction which would render it valid.
Section 14.09 "Special Provisions"
(a) Underground Parking: Tenant has the use of 1 enclosed garage
parking space.
(b) Landlord shall pay for initial lobby directory sign and outside
office sign.
(c) Tenant shall replace a/c and heating filters as needed.
(d) In the event of the closing of the clinic, or the Tenant's
relocation to a City-owned building or facility, Tenant, shall
have the option to cancel this Lease at any time after the First
Full Lease Year, without penalty, by providing Landlord three (3)
months written notice prior to the effective date of cancellation
. Such cancellation must result solely from the closing of the
clinic or relocation to a City-owned building or facility and for
no other reason. Tenant shall have the option to cancel this
Lease at any time prior to the end of the First Full Lease Year,
with penalty, by providing Landlord two (2) months written notice
prior to the effective date of cancellation, such penalty shall
be immediate payment of any sums payable under any of the
Page 17 of 19
provisions of this Lease for the remainder of the First Full
Lease Year.
Section 14.10 "Successors"
The provisions of this Lease shall be binding upon the respective
Parties hereto and their respective heirs, administrators, successors and
assigns provided that this provision shall not be deemed the consent by
Landlord to any subletting or assignment by Tenant except as herein
specifically provided.
Section 14.11 "No Option"
The submission of this Lease for examination does not constitute a
reservation of or option for the Leased Premises, and this lease becomes
effective as a lease only upon execution and delivery thereof by Landlord
and Tenant.
Section 14.12 "Hazardous Materials"
Tenant, at its expense, shall comply with all governmental and other
laws, rules, regulations, codes, statutes, including, but not limited to,
federal, state, county and municipal, as they relate to Tenant's storage,
use, and disposal of any substance, whether toxic or non-toxic, whether
such substance is a manufactured or man-made substance or whether the same
is a natural substance. In the event Tenant should violate any such laws,
rules, regulations, codes or statutes, and if the violation is not cured
within the required time by the pertinent governmental agency or upon dis-
covery by Landlord within the time prescribed by Landlord, the same shall
constitute a default under this Lease. In addition to the remedies for
default specified in this Lease, Tenant shall indemnify and hold Landlord
harmless from any and all damages to the extent of Florida Statute 768.28,
direct or indirect, which might be caused as a result of said default,
whether said damages are discovered during the term of this tenancy or
whether said damages are discovered after the termination hereof, and
regardless of whether said Lease shall include any and all costs incurred
by Landlord, including any attorney's fees, in either enforcing this
indemnity or defending claims resulting from Tenant's default hereunder.
Section 14.13 "Relocation"
Upon Landlord's request, Tenant agrees that it will promptly relocate its
offices to a commercially comparable space within Powell Professional
Center; provided, however, the out of pocket costs incident to such
relocation shall be at Landlord's expense.
Section 14.14 "Enclosed Parkin Garage"'
Tenant shall be. assigned the use of (1) parking space in the enclosed
parking garage. Tenant herein shall have no additional right to the use of
the enclosed parking garage for any purpose whatsoever unless set forth in
Section 14.09 of this Agreement with designations for specific leased
spaces. Under such circumstance, customer visits, deliveries, and ingress
and egress, shall be conducted through the front entrance doors of the
building located on the central northerly side thereof, adjoining Corbett
Street.
Page 18 of 19
Section 14.15 "Radon Gas"
Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed Federal and State guidelines have been - found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your County Public Health Unit.
Section 14.16 "Broker Indemnification"
Landlord and Tenant each warrant to the other that no real estate
broker or agent, other than as identified herein has been used or consulted
in connection with Lhe purchase and sale of the property. Each covenants
and agrees to defend, indemnify and save the other harmless from and
against any action, damages, real estate commissions, fees, costs, and/or
expenses (including reasonable attorneys' fees), resulting or arising from
any commissions, fees, costs and/or expenses due to any real estate brokers
or agents, other than as identified herein, because of the purchase and
sale of the property and the execution and delivery of this contract, due
to the acts of the indemnifying party.
Northstar Commercial Real Estate Services, Inc. represents the
Landlord in this transaction and will be paid by the Landlord. Principals
in the brokerage entity, Northstar Commercial Real Estate Services, Inc.,
have ownership interest in the property referenced in this lease proposal.
This Lease consists of pages one (1) through nineteen (19) inclusive.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
WITNESSES: "LANDLORD"
Powell Professional Center, LLLP
By:
Ph 11 Powell
General Partner
"TENANT"
City of Clearwater
6GG aQhd? G? `ar -
By:
Frank V. Hibbard Bill H ne
Mayor City Manager
App v/?ed as to ?1.. 17 A r t, ..,/F;, - D
Attest: '., v"-
Leslie K. Dougall-Sid s
Assistant City Atto "rdey
Witnesses:
Cynthia E. Goudeau raj - 1
City Clerk,' d
TER
Page 19 of 19
Powell Professional Center
401 Corbett Street, Clearwater, FL. 33756
Suite 210
L
a
Exam 4Exam 3Exam 1
Exam 2
b
L
o
Exam 5
Reception
b
Bath
b
RM
Exam 6
y
Bath
RM
Office
Office
2,845 Square Feet
Powell Professional Center
401 Corbett Street, Clearwater, FL. 33756
Suite 240
Office
Reception
ExamExam
Storage
Lobby
Exam
Office
Break
2,677 Square Feet
Powell Professional Center
401 Corbett Street, Clearwater, FL. 33756
Suite 400
5,107 Square Feet
Can Be Sub-Divided into Smaller Units
Powell Professional Center
401 Corbett Street, Clearwater, FL. 33756
Suite 320
Exam
Lobby
Reception
Office
1,795 Square Feet