LEASE AGREEMENTLEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this �% of �, 2012, by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hexeinafter referred to as
"Lessor", and, Steven M. Hasley, d/b/a RE/MAX, 25 Causeway Boulevard, Clearwater, Florida 33767,
hereinafter referred to as "Lessee."
WITNESSETH:
That in consideration of the covenants herein contained of the granting of this lease and the sums
paid and to be paid hereunder, the Lessor hereby leases to the Lessee and the Lessee hereby leases from the
Lessor according to the terms, conditions and covenants herein contained the following described premises
in the City of Clearwater, Pinellas County, Florida, to wit:
See attached Exhibit "A."
THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS:
1. This lease shall be for a three (3) year lease term, with the option to xenew for an additional two
(2) year term beginning June 1, 2012, and ending either May 31, 2015 or 2017 (if the oprion is exercised).
The Lessor retains the right to terminate this lease for any municipal purpose consistent with the Lessor's
charter, as well as failure to pay rent in a timely manner or change in use of the properry. In addition,
Lessox may terminate this lease if the State of Florida or any of its agencies or political subdivisions thereof
acquixes the demised propexty or any portion thereof for a public purpose. This right of termination is in
addition to the right of termination set out in paragraph 14 of this Agreement.
2. The I,essee hexeby covenants and agrees to pay rental thereof as follows:
a. I'o pay the total sum of $18,000.00 plus tax for the first year of this lease, which shall be
paid in equal monthly payments of $1,500.00 plus tax through May 31, 2013. Each monthly payment shall
be due and payable on the fisst day of the month, and shall be delinquent if not paid on or before the fifth
day of the month. Rental rates increase by 3% over the previous lease year rate on June 1 st of each
subsequent year of the lease.
b. Any amount due from Lessee to Lessor under this lease which is not paid before the day
the payment becomes delinquent shall bear interest at the rate of fourteen (14%) percent per anum from
date due until paid, plus a late charge of Ten Dollars ($10.00) to cover Lessor's expenses in collecting such
Steven M. Hasley lease for RE/M�1X Page 1
delinquency.
c. In addition to the first month's rent of $1,500.00 plus tax, which is held by the city, the
Lessee shall pay an additional $1,605.00 in advance as a deposit to secure the faithful performance of the
Lessee's obligations hereunder. The Lessor may deduct from the deposit any amount, which might become
due from the Lessee to the Lessor fox damage to the premises or for any reason or cause whatsoever except
rent. At the end of the term of this lease, the deposit amount or the balance thereof, if any, shall be credited
to Lessee's last monthly rental payment.
d. If Lessor defaults in the payment of any installment of rent, Steven M. Hasley as
Guarantor under the Guaranty of Payment of Rent Under Lease Agxeement (Exhibit "C", attached hereto
and incorporated herein), shall pay the amount of such installment within 30 days after receipt of notice of
default and demand for payment as pxovided for therein.
3. The demised premises shall be used only for the purpose of conducting therein the business of a
real estate office.
4. The Lessee hereby covenants and agrees to make no unlawful, unproper, or offensive use of the
leased premises. Lessee further covenants and agrees not to assign, mortgage, pledge, hypothecate or sublet
this lease or any of its right herein in whole or in part without the prior written consent of Lessor. The
consent of Lessor to any assignment, martgaging, pledging, hypothecating or subletting shall not consritute
a waiver of the necessity foY such consent to any subsequent assignment, mortgage, pledging, hypothecating
or subletting. If this lease is assigned, or if the pxemises or any part thereof are sublet or occupied by
anybody other than Lessee, Lessor may collect rent from the assignee, sub-tenant or occupant, and apply the
net amount collected to the rent herein required, but no such occupancy or collection shall be deemed a
waiver of this covenant, or the acceptance of the assignee, sub-tenant or occupant as tenant, or a release of
Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained. If at
any time during the term of this lease, any part or all of the corpoxate shares of Lessee shall be transferxed
by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in
the present effective voting control of Lessee by the person, pexsons or entity which pxesendy is the
ultimate owner of a majority of such corporate shares on the date of this lease, Lessee shall promptly notify
Lessor in writing of such change. If the new owner is a private or public corporarion, Lessor shall prompdy
advise Lessee if it has any objecrions thereto and the reasons therefor. Lessor may terminate this lease any
time after such change in control by giving Lessee thirty (30) days prior written notice of such termination.
Lessee shall not pexmit any business to be operated in ox fYOm the pxemises by any concessionaire ar
Steven M. Hasley lease for RE/M�1X Page 2
Licensee.
5. Lessee agrees that it will prompdy pay all ad valorem real property taxes and personal property
taxes that may be assessed and filed against the demised property or the leasehold created by this agreement,
or both, during the term of this lease. Lessee further agrees that it will pay any state sales tax due on the
rental payment made by the Lessee to the Lessor and that it will pay all other taxes and fees, including, but
not limited to, occupational license, and permits relating the operation of the business conducted on the
demised premises, which are required by law. Nothing herein shall obligate Lessee to pay or to reimburse
Lessor for the payment of assessments for permanent improvements, including but not lixnited to sidewalks,
sewers, and streets, that would benefit the demised premises.
6. The Lessee hereby covenants and agrees to pay all bills for electrical service to the premises when
due, which service shall be provided by Progress Energy Corporarion, in accoxdance with the company's
rates and billing. At no expense to the Lessee, the Lessor agrees to furnish a refuse disposal locarion and a
refuse disposal container located outside the demised premises fox the use of the Lessee.
7. The Lessee further covenants and agrees to operate the business authorized to be conducted on
the premises on-going during the term of this lease, except for any period of time involved in natural
disasters, including governmental orders or requirements such as evacuation for hurxicane preparations, and
any time necessary to xepair or replace any damage caused to the demised pxemises by as natural disaster.
Lessee shall notify Lessor of any time office is closed for vacarion.
8. The Lessee assumes full responsibility for and covenants and agrees to save harmless and
indemnify the Lessor from any and all liability for damage to property and injury to persons resulting from
or in connection with the Lessee's use and occupancy of the demised premises under this lease. In addition,
during the term of the lease, Lessee shall at Lessee's expense obtain and maintain insurance coverage
conforming to the requirements in Exhibit "B" attached hereto. Nothixig contained herein shall be
construed as a waiver of any immuniry from or limitation of liability the Lessor may be entitled to under the
doctrine of sovereign immunity or section 768.28, Florida Statutes.
9. If at any time during the term of this lease, the building or premises ox any part, system or
component hereof (hereinafter, the "demised premises") shall be damaged or destroyed to the extent that
the Lessee cannot operate the business authorized to be conducted thereon, and the Lessor determines that
said demised premises can be restored by making appropriate xepairs, the monthly xent as provided for in
paragraph 2a above shall abate until the demised premises have been xestored or until commencement of
business by the Lessee, whichever is sooner.
Steven M. Hasley lease for RE/N1�1X Page 3
If the demised premises shall be totally destroyed or so damaged as to xender it practically useless during
the term of this lease, then and in that event, the Lessee or LessoY may terminate this lease as of the date of
such damage or upon thirty (30) days written notice to the other party to this lease.
In the event of damage or destruction as enumexated above, and except as otherwise specifically
provided under this agreement, both parties waive any and all rights of recovery against the other party for
any direct or indirect loss occurring to the demised premises or as a result of damage or destruction of the
demised prexnises.
In the case of demolition and reconstruction of the Marina or major renovation by construction, the
Lessee shall be given the first opportunity to bid for similar space, provided that space for Lessee's type of
business is allocated therein.
10. Except as otherwise provided herein, upon the happening of any one or more of the following
events ("Events of Default"):
a. Lessee's default in the payment of any rental ox other sums due fox a period of five (5)
days after the due date;
b. Lessee's continued default with respect to any other covenant of this lease for a period of
fifteen (15) days after receipt of written notice of such default by Lessee from Lessox, provided that if such
default reasonably requires more than fifteen (15) days to cure, there shall be no Event or Default if Lessee
has commenced curarive action with the fifteen (15) day period and diligently prosecutes such action to
completion;
c. There shall be filed by or against Lessee in any court pursuant to any statute either of the
United States or of any state, a petirion in bankruptcy or insolvency or for reoxganizarion or arrangement, or
fox the appointxnent of a receiver ox trustee of all or a portion of Lessee's property, or if Lessee makes an
assignment for the benefit of creditors or if there is an assignment by operation of law, or if Lessee makes
application to Lessee's cxeditors to settle or compound or extend the time for payment of Lessee's
obligations, or if execution, seizure ox attachment shall be levied upon any of Lessee's; property or the
premises are taken or occupied or attempted to be taken or occupied by someone other than Lessee;
however, in the event of execution, seizure or attachment, Lessee may post a bond satisfactory to Lessor
which bond shall stay the default resulting from any execution, levy, seizure or attachment for a period of
120 days. Failure to remove the levy, seizure or attachment within the 120 day period shall constitute an
Event or Default, and the bond posted shall be forfeited; oY
Steven M. Hasley lease for RE/1�1�1X Page 4
d. Lessee's vacating or abandoning the premises for more than ten (10) days; then Lessox, at
its oprion, may exercise any one or more of the following remedies which shall be cumularive;
(1) Terminate Lessee's right to possession under this lease and re-enter and take
possession of the premises, and re-let or attempt to re-let the premises on behalf of Lessee; however, such
re-letting or attempt to re-let shall only involve a prospective tenant capable of providing compaxable or
better type service, at such rent and under such terms and conditions as Lessor may deem best under the
circumstances for the purpose of reducing Lessee's liability, and Lessox shall not be deemed to have thereby
accepted a surxender of the premises, and Lessee shall remain liable for all rents and additional rents due
under this lease and for all damages suffered by Lessor because of Lessee's bxeach of any of the covenants
of this lease. Said damages shall include, but not be limited to, charges for removal and storage of Lessee's
property, remodeling and repairs, leasing, commissions and legal fees. In addition to its remedies hereunder,
Lessor may accelerate all fixed rentals due under this lease, in which event the Lessee shall be liable for all
past due rent, accelerated rent and damages as described above; however, with xespect to the accelerated
rent, Lessor shall receive only the present value of such accelexated rent. At any time duxing repossession
and re-letting pursuant to this subsection, Lessox may by delivering wxitten notice to Lessee, elect to exercise
its option under the following subparagraph to accept a surrender of the premises, terminate and cancel this
lease, and retake possession and occupancy of the premise on behalf of Lessor.
(2) Declare this lease to be terminated, whereupon the term hereby granted and all
rights, title and interest of Lessee in the premises shall end and Lessor may re-enter upon and take
possession of the premises. Such termination shall be without prejudice to Lessor's right to collect from
Lessee any rental or additional rental which has accrued prior to such termination together with all damages,
including, but not limited to, the damages specified in subparagraph (1) of this paragraph which are suffered
by Lessor because of Lessee's breach of any covenant under this lease.
(3) Exercise any and all rights and privileges that Lessor may have under the laws of
the State of Florida and the United States of America.
11. The Lessee hereby covenants and agrees to keep and maintain the premises and f�tures located
herein in good condirion and repair during the term of this lease and any extension hereof, and to return the
premises to the Lessor upon the expirarion of the term hereof in as good condition as they now are,
ordinary wear and tear and damage by the elements only excepted. No altexation or unprovements may be
made to the prexnises without the written consent of the Lessor. Any and all fixtures attached to the
premises shall revert absolutely and become the property of the Lessor upon the expiration of the term
hereof; provided, however, that the Lessor at its option may requixe the Lessee to remove all fixtures,
Steven M. Hasley lease for RE/Mr1X Page 5
partitions, racks, shelves or other improvements from the premises upon the expiration of the term of the
lease at the cost of the Lessee. Any damage to the premises occasioned by said removal shall be repaired at
the Lessee's expense.
12. The Lessee, at its own cost, may place only window, wall or canopy signs on the demised
pxemises, provided said signs are approved as to colox, style and letter size by the Maxine & Aviation
Director of the Lessor, and additionally conform to the sign oxdinance of Lessor presently in foxce ox as
may be amended from time to time during the term of the lease. No other signs shall be placed or
maintained by the Lessee on the premises. Any nonconforming sign now on the premises shall be removed
by the Lessee within 30 day�s of approval of the lease. The Lessee shall, upon expiration or termination of
the lease, completely remove any and all signs that have been placed on the leased premises by the Lessee.
13. If at any time during the term of the lease the Lessee is authorized to make improvements to the
demised premises, Lessee agrees in such event to indemnify and save harmless the Lessor as follows:
a. For any mechanic's lien which may be asserted as a claun against the leased propexty; and
b. For the faithful performance of the covenants contained in paragraph 11 above; and
c. To obtain from the contractor a good and sufficient performance and payment bond
signed by a reputable insurance company doing business in Florida, which bond shall be in an amount equal
to one hundred (100%) percent of the cost of construction of the contemplated improvements to the
demised premises, guaranteeing that the improvements will be completed and that subconttactoxs, laborers
and materialmen will be paid in accordance with the contract for the improvements.
14. In the event of the acquisirion of this property ox any portion thereof by exercise of proper
authority, by any governmental agency othex than Lessor, whether by eminent domain or othenvise, it is
understood and agreed that notification of the institurion of such action shall be prompdy given Lessee, so
the Lessee may intervene in such acrion as a party. Lessee agrees to comply with the results of any such
actions, and agrees to xelease and hold the Lessor haxmless from any damages resulting thereof.
15. Lessox covenants and agrees that upon payment by Lessee of the rents herein provided, and
upon observance and performance by Lessee of all the covenants, terms and conditions required of the
Lessee by the lease, Lessee shall peaceably and quiedy hold and enjoy the leased premises for the texm of the
lease without hindrance or interruption by Lessor.
16. Notices hereunder shall be given only by registered or certified mail, and shall be deemed given
Steven M. Hasley lease for RE/Mr�X Page 6
when the letter is deposited in the mail, postage and other charges prepaid, addressed to the party for whom
intended at such party's address first herein specified ox to such other address as may be substituted therefor
by proper notice hereunder. Lessor's notices shall be directed in care of its Law DepaYttnent at the above-
cited addtess.
17. As required by Section 404.056(8), Florida Statutes, the Lessee shall take norice of the following:
RADON GAS: Radon is a naturally occuxring radioacrive 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 xadon that exceed federal and state guidelines have been found in buildings in Floxida. Additional
information regarding radon and radon testing may be obtained from your county public health unit.
18. The undersigned shall personally guarantee to Lessor the timely performance of all covenants
and provisions of this Lease Agreement, including, but not limited to the timely payment of all rent due
hereunder.
19. The Lessee will install and maintain a commercial media air cleaner, with absorber kit, to
remove smoke from the space. This unit will be operated at all times the restaurant is open for business.
20. This lease agreement constitutes the entire contract between Lessor and Lessee concerning the
leasing of the pxemises and consideration thereof.
21. In the event either party seeks to enforce this agreement or interpret any provision thereof by
law, or through attorneys at law, each party agrees to pay fox its own attorney's fees and costs, and that
jurisdiction shall be in a court of competent jurisdiction in Pinellas County, Florida.
Steven M. Hasley lease for RE/M�1X Page 7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this � day of
���, 2012.
Countersigned:
— c�Q.�a��e n cre� �o�
Camilo Soto
Assistant City Attoxney
:
City f Clearwater, Florida
By: 2;�'.��. 73. ��.�`�
William B Horne, II �.,��
Steven M. Hasley lease for RE/M:-1X Page 8
Ciry Manager
Attest:
Rosemarie Call
Ciry Clerk
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Exhibit "A"
LEGAL DESCRIPTION
That certain portion of the first floor of the Clearwater Beach Marina Building depicted in Exhibit
"D" attached hereto and by this reference made a part hereof, containing 1,500 square feet, more or
less, ofinterior floor area, measured to the unfinished interior surfaces ofits perimeter walls, which
is a portion of
Lot 11, City Park Sub according to the map or plat thexeof as recorded in Plat Book 23, Page 37, of the
public Records of Pinellas County, Florida
Steven �T. Hasley lease for RE/��1X Page 9
Exhibit "B"
INSURANCE REQUIREMENTS
Lessee shall procure at its expense and maintain during the term of this Agreement, insurance as shown
below:
a. Commercial General Liability insutance to include pxemises/operator liability in an amount not
less than $1,000,000 combined single limit Bodily Injury Liabiliry and Property Damage Liabiliry.
b. Comprehensive Plate Glass Insurance on a replacement cost basis covering loss or damage by
any means, except by fire, or war, whether declaxed or not, to the plate glass windows in the demised
premises.
c. Worker's Compensation Insurance applicable to its employees in an amount at least equal to the
statutory limits of coverage according to applicable State and Federal laws. In addirion, the policy
shall include employer's liability coverage with a limit of $500,000 per occurrence.
The City is to be specifically included as an additional insured on all liability coverage described above.
Notice of Cancellation or Restriction - All policies of insurance must be endorsed to provide the City with
thitty (30) days notice of cancellation or restriction.
Certified Copies of Policies/Cerrificate of Insurance. Upon specific written request of the City, the Lessee
shall provide the LessoY with certified copies of all policies of insurance as required above. In the absence
of a specific written request, the Lessee shall provide the Lessor with Certificates of Insuxance showing the
Lessee has, at all times the insurance coverage required by the Lease. Unless norice is given to Lessee
otherwise, such Certificates of InsuYance shall be provided to the Marine & Aviarion Director. The first
Cextificate of Insurance requixed by the lease shall be provided to the Marine & Aviarion Director before
occupancy of the demised premises by the Lessee.
Steven M. Hasley lease for RE/Mr1X Page 10
Exhibit "C"
GUARANT'Y OF PAYMENT Or RENT UNDF.R LEASE AGREEl�ZENT
Guaranty is made this 1Q_ day of , 2012, by Steven M. Hasley of RE/MAX, City of
Clearwater, County of Pinellas, State of orida, herein refexred to as "Personal Guarantors: being the owner
of the RE/MAX real estate, herein referred to as "Obligor: to CITY OF CLEARWATER, C/O City
Attorney, P.O. Box 4748, Clearwatex, Florida 33758, herein referxed to as "Obligee".
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to Obligor, whose business address is 25
Causeway Blvd., City of Clearwatex, County of Pinellas, State of Florida, for use by Obligor in conducting its
business of a real estate office.
2. The lease is conditioned upon guarantors giving security for payment of rent thereunder in the
form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors guarantee payment of rent under the attached lease agreement pursuant to the terms
thereof. If obligor defaults in the payment of any installment of rent, guaxantoxs shall pay the amount of
such installment within 30 days after receipt of notice of default and demand for payment. Guarantor's
liability hereunder shall not be affected by reason of any extension of time for payment of any installment
granted by obligee to obligor.
SECTION TWO
DUR.ATION
This guaranty shall not be revoked during the tl�ee yeax term of the lease. Thereafter, if the lease is
renewed on the same terms, this guaranty shall remain in force until receipt by obligee of written notice of
revocation from guarantors, or until terminated pursuant to Section Three hereo£ Renewal of the lease on
different terms shall, at the option of the guarantors, operate to terminate this guaxanty as of the end of the
three year pexiod.
SECTION THREE
LIMITATION OF LIABILIT'Y
The ma�mum amount recoverable by obligee from guarantors pursuant to this guarantee is
$18,000.00, which amount is equal to the total rent due during the fixst lease year of the lease. If the
aggregate of payments made by guarantors hereunder reaches the above-mentioned amount, this guaranty
shall terminate immediately.
Steven M. Hasley lease fox RE/M�1X Page 11
SECTION FOUR
WANER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
IN WI"TNESS WHEREOF, guarantors have executed this gu anty at Clearwater Beach Marina the
day and year first above written.
/
" Guara or — Steven M. Hasle ,
Broker/Owner
Steven M. Hasley lease for RE/1�1:-1X Page 12
Exhibit "D"
Diagram
Steven M. Hasley lease for RE/1��1X Page 13
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Prepared by:
Engineering Department
Geogrephic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www. MyClearwate r.com
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