LEASE AGREEMENT FOR PARKING LOT AND A BUILDING���_�.`3�_�r3:»�i��l�►��
THIS LEASEAGR�EMEIVT is madeand entered into this 3-� day of October, 2011, by and between
Arnald-Brown Praperties, a Florida General Partnership 311 Park I'lace Blvd., Suite 600, Clearwater,
Florida 33759, herein called the "Lessor", and The City of Clearwater, a municipal corporation
af the State of Florida, 112 South Osceola Avenue, Clearwater, F'lorida, 33756, herein called the
"Lessee".
WITNESSETH:
WHER�AS, the Lessor is the owner of that certain property located at 121 North Osceola
Avenue, Clearwater, Florida 33755, more particularly described in Exhibit "A", attached hereto and
incorporated herein ("Premises"), which consists of a parking lot ("Parking Lot") and a building
("Structure"); and
WHER�AS, Lessee d�sires to lease from Lessor that portion of the Premises constituting
said Parking L.ot for use as a public parking facility;
WH�R�AS, Lessor desires to continue to occupy Structure; and
NQW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this
Agreement, the Lessor and Lessee hereby agree as follows:
1. �,CITALS. The foregoing recitals are true and correct and are incorporated in and
farm a part of this agreement.
2. �@pd, This term of this lease shall be one month commencing on Novemb�r 1, 2011,
("Commencement Date") and continuing month-to-month unless earlier terminated under
the terms of this agreement.
3. 12ENT"
a. Rent: Lessee agrees to pay the sum of Fifteen Wundred dollars ($1500.00)-per
month, due on the 1st af each month, plus applicable sales taxes for the term af this
lease. Simultaneously with the execution and delivery of this lease, the Lessee shall
pay the first month's rent, which shall be prorated if Lessee occupies the Parking Lot
for less than the full month.
b. Real �state Taxes: Lessar shall be responsible to pay the real estate taxes on
the Premises.
c. Donation to City: Lessor and Lessee hereby agree that the fair market
value of th� subject parking area is Three Thousand Two Hundred Forty dollars
($3,240) per month ar Forty-Five dollars ($45) per space, per manth. Lessor has
agreed to donate a portion of the fair market rental rate totaling One Thousand
Seven I-iundred Forty dollars ($1,740) per month to the City of Clearwat�r as
Lessee and Lessee acknowledges such donation. �
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4, LEASEHOLD. The Lessor leases to the Lessee the following described
property, located in Pinellas County, Florida, ta wit:
5EE EXHIBIT "B" (INSERT A DIAGRAM OF THE LOT DIPICTING PARKING SPACES)
Said property consisting of approximately seventy-two (72) parking spaces.
5. ���, OF PREMISES. Lessee shall use the Parking Lot for parking to support its Main
Library facility which is Iocated to the West of the Premises. Lessee cavenants and
agrees to make no unlawful, improper or offensive use of the leased premises. At the
termination of this lease, Lessee agrees to return the premises to the Lessor in as good
condition as at the effective date of this agreement, subject to normal wear and tear.
Lessor hereby reserves three (3) parking spaces, which shall b� clearly labeled as such,
to support Lessor's use of the Structure.
MAINTENANCE/REPAIR/IMPROVEMENT OF PREMISES. Parking Lot is being leased
in "as is" condition. Lessor and Lessee hereby agree that at the inception of this lease,
the Parking Lot does not require repair or improvement such as paving, etc., and it is not
contemplated hereunder that Lessee will pravide repair or improvement. The Lessee
shall properly maintain the leasehpld in a clean and orderly condition. Lessor shall
remain entirely responsible for the maintenance of the Premises. Lessee may restripe,
paint or otherwise mark or label parking spaces and install signage in accordance with
appticable law.
7. QllIE7 ENJOYMENT. Upon payment of the rents herein required, and upan abserving and
performing the covenants, t�rms and conditions required by the lease, the Lessee shall
peaceably and quietly hold and enjoy the leased premises for the term of the lease without
hindranc� or interruptian by the Lessor.
8. INSURANC�. Prior to taking possession of the premises Lessee shall provide proof of self-
Insurance against claims for injuries to persons or damage to property which may arise from
or in-connection-with this lease... Nothing herein shall be canstrued as a waiver of Lessee's
right to sovereign immunity pr any limitation of liability to which Lessee is en#itled to pursuant
to § 768.28, Florida Statutes. Lessor shall otherwise insure Premises at its cost and expense.
9. REPARABLE DAMAGE. If any portion of the Premises are damaged by fiire or otherwise to
such extent so as to interFere with their use by Lessee, the rent payable for the period
commencing on the date on which Lessee gives Lessor written notice of such damage, and
ending on the date on which restoration of the Premises is completed, shall be abated in the
proportion which the area made unusable bears to the overall area of the premises leased to
the Lessee prior ta the damage. If the Premises are totally destroyed or rendered un-
tenantable, Lessor shall have the right, but no obligation, to render the premises tenantable by
repairs within thirty (30) days from the date that insurance claims of Lessor and Lessee shall
have been settled and Lessor shall be free of all restrictions as ta proceeding with the work of
repair or restructure. The rent payable for the period commencing on the date on which
Lessee gives Lessor written notice of such damage and ending on the date on which
restoration of the Premises is completed shall be abated. If the premises are not rendered
tenantable within that period, either party may cancel this Lease, and in the event of
cancellation rent shall be paid only to the day of the casualty.
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10. LIABILITY AND INDEMNIFICATION. Lessee agreeS to assume all risks of the Parking Lot
and all liability therefore, and shall defend, ind�mnify, and hold harmless the Lessor, for
all claims related to its use hereunder. However, nothing herein shall constitute a waiver by
L855�@ of its sovereign immunity and the limitations set forth in Section 768.28 Florida
Statutes.
11. SPECIAL EVENT PARKING REVENUES. Subject to Lessee's use hereunder Lessor may,
periodically request in writing, the right to utilize Parking Lot for Special Event Parking. Upon
written approval of Lessee for such use, Lessor shall be permitted to enter upon subject
property and allow for any use thereof not inconsistent with this Lease.
12. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein, may not be
assigned, transferred or subleased by Lessee without the consent of the Lessor, which
consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may,
at any time, with notice, assign ar delegate any or all of its rights hereunder.
13. TERMINATION BY L�SS�E. This Agreement shall be subject to termination by Lessee with
thirty (30) days written notice.
14. NOTIC�. Any notice given by one parry to the other in connection with the Lease shall be
sent by certified mail, return receipt requested, with postage and fees prepaid:
1. If ta the Lessor, addressed to:
2. Ifto the Lessee, addressed to:
3. Copy addressed to:
Arnold-Brown Properties
Lee E. Arnold Jr. Partner
311 Park Place Blvd., Suite 600
Clearwater, FL 33759
City Manager
City af Clearwater-
P.O. Box 4748
Clearwater, Florida 3375$-4748
City Attorney
P.�. Box 4748
Clearwater, Florida 33758-4748
15. gTTORNEyS FEES. In the event that either party seeks to enforce this agreement
or to interpret any pravision of this agreement, by law or through attorneys-at-law, or
under advice therefrom, the parties agree that each party shall bear its own costs, including
attarney's fees.
16. COMMISSIONS. The parties hereto warrant and represent to each other that they hav� not
dealt or consulted with any real estate braker or agent in connection with the property or this
transaction other than Colliers Arnold, who represents the Lessor. l.essor acknowledges that
Lessee shall not be responsible for any fee related to such repr�sentation. �_ , /
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IN WITNESS WHEREOF, the parties have authorized the below signed officers to
execute this Agreement on the date first abave written.
Countersigned:
City of Clearwater
By: !� / I By: �i�.a.w�� �.�.u��
Mayor FranlyJ�ybbard, on behalf of the Council William B. Horne, II, City Manager
Approv,�d as to
, Assistant
By:
Barbara Pickell, Library Director
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Atte:
By:
�+ �����' .E�
�.�gai +De���ip��ca�:
Parcel iVo. 1: B�ginning at a point 1,683 feet West and 233.3 feet South of the
Northeast corner of Section 16, Township 29 South, Range 15 East, for a point ofi
b�ginning, which point is in the East line of Qsceola AvEnue, and thence run
Narth �5 feet, thence East 150 fie�t, thence South 6� feet, thence West 150 feet
to the point of beginning.
Parcel No. 2: Beginning at a point 1,6$3 feet West and 9p.3 feet South of the
North�ast corner ofi Section 16, Township 29 South, Range 15 East, sam� being
a point on the East line of Qsceola Avenue in the City af Clearwater, Florida,
thence run Souih along the East line of Osceola Avenue fi0 feet, thence run due
East 150 feet, thenc� run due North 8� feet, thenc� due West 150 feet to the
point af beginning an East line of �sceola Avenue.
Parcel No. 3: A portion of the Northwest'/d of the Northeast'/4 af Section 16,
Township 29 Sauth, Range 15 East, Clearwater, Fiorida being more particularly
describ�d as fallows:
Begin at the intersection of the south right-of-way line of Drew Street and the
west right-of-w�y line of Narth Fort Harrison Avenue for a Point of Beginning; run
thence south along th� west right-af-way line of North Fart Harrison Avenue,
54.30 fieet; thence west, 345.OD feet; thence north, 54.30 feet, th�nce east along
the south right-of-way line of �rew Street, 344.08 feet to the Paint of Be�j.�tning.
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