BUSINESS LEASE CONTRACT (2)BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this � day of �e,�) , 2012, by and bE�tween
the COMMUNITY REDEVELOPMENT AGENCY OF THE CI Y OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of Florida, whose address is 112 S. Osceola A�venue,
Clearwater, Florida as Lessor, a d JO N L. UNGER AND LOIS UNGER, husband and wife, whose
address is ZSQ �%2TcE I��.E� ��cr��,�.so�c �L 3`/G�'3 as Lessee.
WITNESSETH:
That the Lessor does lease to the Lessee the following described property located in Piinellas
County, Florida:
See EXHIBIT "A" attached hereto and by this reference incorporated herein.
Such property shall hereinafter be referred to as the "Leased Premises" or the "DE:mised
Premises" or the "Leased Property."
1. LEASE TERM.
The term of this lease shall commence on the day of closing of that certain Contr<act for
Purchase of Real Property by and between the Parties entered into the fv dlay of
G.L� , 2012 and shall remain in full force and effect until July 1, 2013 ("Lease T'erm").
If essee is not in default of any lease provision, Lessee shall further have the privilege and option of
terminating this Lease prior to July 1, 2013, upon giving Lessor not less than thirty (30) days ��vritten
notice prior to vacating the Lease Premises, and fully paying any and all costs, including, E�ut not
limited to, rent, utilities, taxes and insurance expenses for which Lessee is responsible, throu�c�h the
effective date of termination.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this; lease
the sum of One and 00/100 Dollars ($1.00), the receipt and sufficiency of which is Frereby
acknowledged.
3. ESCROW DEPOSIT.
Lessee shall deposit with Lessor on the signing of this lease the sum of Fifteen Thousarid and
00/100 Dollars ($15,000.00) as security for the performance of Lessee's obligations under this ��ease,
including without limitation the surrender of possession of the premises to Lessor as herein pro�vided.
If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on dE;mand
deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hancl at all
times during the term of this lease.
4. USE OF PREMISES.
The premises are leased to Lessee sotely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will bE: used
by Lessee in continuance of its business operation as an automobile repair shop. Further, L�ssee
may continue to sublease the property to tenants ("Sublessees") occupying portions of the P�operty
on the effective date hereof under existing terms and conditions. Lessee shall not enter into any new
sublease(s) and shall not change the terms of any existing sublease. Any and all sublease�s shall
terminate and the Leased Property shall be vacant at the expiration or termination of the Lease
Term. Sublessees are listed in Exhibit "B" attached hereto and by this reference made a part riereof.
5. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee <�nd are
or shall be individually metered for the subject premises. All deposits for such utilities shall be the
sole responsibility of Lessee.
6. COMMON AREA MAINTENANCE AND TAXES.
Lessee shall be responsible for the common area maintenance expenses the on the I._eased
Property. If any ad valorem taxes, intangible property taxes, personal property taxes, or othE::r liens
or taxes of any kind are assessed or levied lawfully on the Leased Property, based on the Leassee's
use of the Leased Property during the Lease Term, the Lessee agrees to pay all such taxes,
assessments or liens, within thirty (30) days after receiving written notice from the Lessor. In the
event the Lessee fails to pay all such taxes assessed or levied on the Proporty within thirty (31:)) days
after receiving written notice, the Lessor may, at its sole option, pay such taxes, lie:ns, or
assessments, subject to immediate reimbursement thereof together with any interest, calcul�ated at
the maximum rate allowed by law, and any administrative costs incurred by the Lessor, whic:h shall
be considered additional rent due hereunder. Failure of the Lessee to pay any taxes or asses:sments
pursuant to this paragraph will constitute a material default of this Lease.
7. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the Lease
Term, all laws, rules, requirements, orders, directives, codes, ordinances and regulatinns of
governmental authorities and agencies and of insurance carriers which relate to its use or occ�upancy
of the Leased Premises.
8. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, other than sublets as provided for in Parac�raph 4
above. This covenant shall be binding on the legal representatives of Lessee, and on every person to
whom Lessee's interest under this lease passes by operation of law, but it shall not apply� to an
assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the
leasehold interest occasioned by a consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee or approved Suble;ssees,
and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may colle�ct rent
from the assignee, unauthorized subtenant, or unauthorized occupant, and apply the net <�mount
collected to the rent herein reserved. No such collection shall be deemed a waiver of the cc�venant
herein against assignment and subletting, or the acceptance of such assignee, subten�nt, or
Page 2 of 9
occupant as Lessee, or a release of Lessee from further performance of the covenants herein
contained.
9. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvement:> which
are part of the Leased Property without the written consent of the Lessor, and any such modifirations
or additions to said property shall become the property of the Lessor upon the termination of this
lease or, at Lessor's option, the Lessee shall restore the Leased Property at Lessee's expens,e to its
original condition. The restrictions of this paragraph shall not apply to maintenance of the I'._eased
Property, but shall apply to any change which changes the architecture or purpose of the pro�aerty or
which changes any of the interior walls of the improvements or which annexes a fixture to any part of
the Leased Property which cannot be removed without damage thereto. In the event Lessee �c�esires
to make any alterations or modifications, written notice shall be given to the Lessor. Unle�ss the
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written noticae from
�essee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the Leased Property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notic�e from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnishecl to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at LEfssee's
expense, remove all of Lessee's personal property and those improvements made by Lessee� which
have not become the property of Lessor, including trade fixtures and the like. All property rernaining
on the premises after the last day of the term of this lease shall be conclusively deemed abai7doned
and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such remov,�l.
10. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Le<.�see or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining premises
or any part of the premises adjacent to or connected with the premises hereby leased or any part of
the building which the Leased Premises are a part of or any loss or damage resulting to the Lessee
or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless th�a same
is due to the negligence of the Lessor, its agents, servants or employees.
11. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as rmay be
deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit
said premises. The right of entry shall likewise exist for the purpose of removing placards, signs,
fixtures, alterations or additions, which do not conform to this agreement.
12. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee. Lessee's acceptance or occupancy of the Leased Premises shall consititute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are ii7 at the
beginning of this lease and agrees to maintain said premises in the same condition, order anc� repair
Page 3 of 9
as they are at the commencement of said term, and to return the premises to their original cc�ndition
at the expiration of the term, excepting only reasonable wear and tear arising from the use ithereof
under this agreement. The Lessee agrees to make good to said Lessor immediately upon d�amand,
any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said
premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or
persons in the employ or under the control of the Lessee.
13. INSURANCE
Lessee agrees to comply with all terms, provisions and requirements contained in Exh�ibit "C"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
14. MAINTENANCE.
Lessor shall keep the foundation, outer walls, roof and buried conduits of the premises iin good
repair, except that the Lessor shall not be called on to make any such repairs occasioned by the
negligence of the Lessee, its agents, express or implied invitees, or employees. Lessee sh��ll keep
the inside of said premises and the interior doors, windows and window frames of said prenuises in
good order, condition and repair and shall also keep the premises in a clean, sanitary arid safe
condition in accordance with law and in accordance with all directions, rules and regulations of
governmental agencies having jurisdiction. The Lessee shall be responsible for providing ,�II light
bulbs used on the premises. The plumbing facilities shall not be used for any other purposE�s than
that for which they are constructed and no foreign substances of any kind shall be thrown i:herein,
and the expense of any breakage, stoppage or damage resulting from the violation of this pr��ovision
shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilitieas shall
be under the control of Lessee, and Lessee agrees that all operation, upkeep, repai�s and
replacements will be at Lessee's expense, except where the repairs or replacements shall be r,aused
by the negligence or misuse by Lessor or its employees, agents, invitees, or licensees. In th�� event
Lessor pays any monies required to be paid by Lessee hereunder, said monies shall constitute
additional rent hereunder, and Lessor shall demand repayment of same from Lessee and I_essee
shall make payment within ten (10) days of receipt of said demand. Lessee's failure to mak:e such
repayment within the ten (10) day period shall constitute a default under the terms of this lease;.
15. DESTRUCTION OF PREMISES.
In the event that the building should be partially or totally destroyed by fire, earthq��ake or
other cause, this lease may be terminated by either Party hereto. Lessor shall not be required to
repair or rebuild. Lessee, may, at its discretion, choose to repair and rebuild at Lessee's expe:nse. If
the Lessee intends to rebuild or repair the premises, he shall, within fifteen (15) days after the date of
such damage, give written notice to Lessor of the intention to rebuild or repair and shall proce�d with
reasonable diligence to restore the building to substantially the same condition in which it was
immediately prior to the destruction.
16. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken fi•om the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the Demised Premises is so taken as to destroy the usefulnes:� of the
Page 4 of 9
premises for the purpose for which the premises were leased, then from that day the Lesse;e shall
have the right to either terminate this lease or to continue in possession of the remainder of th�� same
under the terms herein provided, except that the rent shall be reduced in proportion to the am�unt of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by
reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any
payment in lieu thereof.
17. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subo�rdinate
to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor a�d any
other owner provided, however, that such mortgages will not cover the equipment and furniture or
furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any
instrument of subordination which might be required by mortgagee of the Lessor.
18. DEFAULT; REMEDIES.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do s�o, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rent<,� called
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be enl:itled to
obtain possession of the premises as provided by law.
(b) In case the Leased Property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessr�r may
(i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable
to any prosecution or claim therefor, and may relet the Leased Property as the agent of the l_essee
and receive the rent therefor and apply the same to the payment of such expenses as Lessr�r may
have incurred in connection with the recovery of possession, reduction, refurbishing or otF�erwise
changing or preparing for reletting, including brokerage and reasonable attorneys fees. There�fter, it
shall be applied to the payment of damages in amounts equal to the rent hereunder and to tl�e cost
and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice c�f such
intention served upon the Lessee or left upon the Leased Property, and the term herecaf shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day periad, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency betwe;en the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the Leased Property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrE�nce of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjuc�icating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to �7revent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
Page 5 of 9
(d) Lessor, at its option, may terminate this Lease in the event that the City 4�ouncil
determines, at a duly constituted City Council meeting that the Leased Premises are required for
other municipal purposes and serves Lessee with thirty (30) days written notice.
19. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, anci in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Less�e and
assigns and successors of the Lessee.
(c) It is understood and agreed befinreen the parties hereto that time is of the essence� of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by c;ertified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute s��fficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivereci to the
o�ce of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
(� It is hereby understood and agreed that Lessee shall use no signs in connection vaith the
premises hereunder, except existing signs and signs inside the building, which signs shall be subject
to the prior approval of the Lessor, and in accordance with the law.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lesse�� is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to L�assor a
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be reqi�ired to
accept any rent not paid within five (5) days subsequent of the date when due absEynt the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
20. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which wc�uld be
otherwise available to the insurance carriers, by reason of any loss or damage to the I_eased
Property or property of Lessor. Each party shall look first to any insurance in its favor before making
any claim against the other party. Nothing contained herein shall in any way be consid��red or
construed as a waiver or release by the Lessor of any and all of the other covenants and cor7ditions
contained in this lease to be perFormed by the Lessee.
Page 6 of 9
21. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following ;�,hall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such
other matters as may be reasonably requested.
22. PARKING SPACES.
Lessee shall have the right to use the parking lot adjacent to the building of which the Il_eased
Premises is a part.
23. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the Leased Premises, Lessee's use or occupancy tN�ereof,
Sublessee's use or occupancy thereof, to include but not being limited to (a) failure by the l..essee,
Sublessees, or their agents, to perForm any provision, term, covenant or agreement require�:i to be
perFormed by the Lessee or Sublessses under this agreement; (b) any occurrence, injury or p��rsonal
or property damage which shall happen in or about the Leased Property or appurtenances rE;sulting
from the condition, maintenance, construction on or of the operation of the Leased Prope�rty; (c)
failure to comply with any requirements of any governmental authority or insurance company iinsuring
the Leased Property or its contents; (d) any security agreement, conditional bill of sale or chattel
mortgage or mechanic's lien connected with Lessee or Sublessees, their obligations or opeirations,
filed against the Leased Property, fixtures, equipment or personality therein; and (e) any constiruction,
work, alterations or improvements by Lessee or Sublessees on the Leased Property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeal;;. This
provision shall survive expiration or termination of this Lease.
24. "AS IS" CONDITION.
The Lessee accepts the Leased Premises on an "as is" basis, and Lessor shall h�ve no
obligation to improve or remodel the Leased Premises.
25. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless I_essee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto anci, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt �;�f such
notice to remedy such conditions.
26. JANITORIAL EXPENSES.
Lessee shall obtain janitorial services for the Leased Premises at its expense.
Page 7 of 9
27. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise aff��ct the
remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference o�nly and
are not to be considered in the construction of this lease or in the interpretation of the riqhts or
obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous w��ste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the propehty, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and complian�e with
any and all applicable state and federal laws and ordinances. In the event such materi�ls are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages ,as may
be assessed against Lessor in connection with or otherwise relating to said hazardous m��terials,
wastes or substances at anytime, without regard to the term of this lease. This provisio�n shall
specifically survive the termination hereof.
30. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life� of this
Contract.
31. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the d�te set
forth above.
Countersigned:
— c�e� r� t � C� Q��OS
George N. Cretekos
Mayor
Approved as to form:
Laura Lipowski Mahon
Assistant City Attorney
Attest:
�
Witne s
� { • W �-'i"� 3
Print Witn ss N me
Witness
Print Witness Name
CITY OF CLEARWATER, FLORIDA
By: � %�—�r
William B. Horne II �
City Manager '�
�
Attest: ,�f�Q�,�„oF ryf�/� .
C.�CJ.u�2 c� �a,c..t �`��i � �'
C
Rosemarie � �
City Clerk �'� �l ��
John L Unger and Lois Unger
By: C E..�.
J n L. Unger
By: �` -� �=Z,/
Lois linger
Page 9 of 9
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COACHMAN HEIGHTS SUBDIVISION REPLAT
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CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
� c�,ee� �v�_zmz-
n�mn n LEGAL DESCR�PTION OF i,�ar
T' �°h°°Y 1007 PARK STREET �� 2
wx �-•n�-.a
10/18/2012 i5re!95/7!
Legal Description
Commence at the Northeast corner of Lot 16, Block B,
"Coachman Heights Subdivision Replat" located in Plat
Book 20, Page 26 of the Public Records of Pinellas County;
run North 73.00 feet along the West right-of-way of Martin Luther
King Jr. Avenue to the South right-of-way of Park Street;
thence N 89° 44' 00" W, along the South right-of-way of Park
Street, a distance of 60.50 feet to a Point of Beginning; thence
N 89° 44' 00" W, continuing along said South right-of-way of
Park Street, a distance of 232.75 feet; thence South, parallel to
said West right-of way of Martin Luther King Jr Avenue, a distance
of 65.30 feet to the centerline of the vacated 15.4 foot alley way;
thence S 89° 44' 00" E, being parallel to said South right-of-way of
Park Street and along the centerline of the vacated 15.4 feet alley
way, a distance of 143.25 feet; thence South, parallel to said
West right-of-way of Martin Luther King Jr Avenue, a distance
of 119.25 feet; thence S 89° 44' 00" E, paxallel to said
South right-of-way of Park Street, a distance of 89.50 feet;
thence North, across the vacated 15.4 foot alley way and parallel
to said West right-of-way of Martin Luther King Jr Avenue,
a distance of 184.55 feet, to the Point of Beginning.
Containing 25,782 Square Feet, more or less
EXHIBIT "B"
Vacation of Premises
Lessee Name Lease Term Extension Options no Later than Rental amount
Scott Hooten
Larry's Classic
Autobody, LLC
Daniel Nicolosi
Month-to-month
Month-to-month
Through July 1, 2013
None
None
None
July 1, 2013
July 1, 2013
July 1, 2013
$144.45/month
�[�t•7ir
$535.00/month
EXHIBIT "C"
INSURANCE REQUIREMENTS FOR LESSEE
The Lessee shall, at its own cost and expense, acquire and maintain (and cause sub-lessees and vendors,,
if applicable, to acquire and maintain) during the term with the City, sufficient insurance to adequately
protect the respective interest of the parties. Coverage shall be obtained with a carrier having an ANI
Best Rating of A-VII or better. Specifically the Lessee must carry the following minimum types ancl
amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on ari
occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year
tail following the termination or expiration of this Agreement:
1. Commercial General Liability Insurance including but not limited to, premises operations,,
products/completed operations, products liability, contractual liability, independenl:
contractors, personal injury and advertising injury and $1,000,000 per occurrence andl
$1,000,000 general aggregate and $1,000,000 products/completed operation aggregate.
2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowedl
automobile is required in the minimum amount of $1,000,000 combined single limit.
3. Statutory Workers' Compensation Insurance and Employer's Liability Insurance in the�
minimum amount of $100,000 each employee each accident, $100,000 each employee by
disease and $500,000 aggregate by disease with benefits afforded under the laws of the�
State of Florida. Coverage should include Voluntary Compensation and U.S.
Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be�
applicable to employees, contractors, and subcontractors, if any.
4. If the Lessee is using its own property in connection with the performance of its obligations;
under this Agreement, then Property Insurance on an "All Risks" basis with replacemenf:
cost coverage for property and equipment in the care, custody and control of others is,
required.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability
policies.
City of Clearwater
01/01/2012
Page 1 of 2
Other Insurance Provisions:
1. The City is to be specifically included as an "Insured" on the Commercial Liability Insurance,,
and Commercial Auto Liability Insurance policies listed.
2. Prior to the execution of this Agreement (and seven {7} days prior to the start of work under
this Agreement) then annually upon the anniversary date(s) of the insurance policy's�
renewal date(s), the Lessee will furnish the City with a Certificate of Insurance evidencin�;,
the coverages set forth above and naming the City as an "Insured" on the Lessee's
Commercial General Liability Insurance and Commercial Auto Liability Insurance policie:�
�isted above. In addition, Lessee will provide the City with certified copies of all applicable�
policies when requested in writing from the City. The address where such certificates ancl
certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Engineering
P.O. Box 4748 '
Clearwater, FL 33758-4748
3. Lessee shall provide thirty (30) days written notice of any cancellation, non-renewal„
termination, material change or reduction in coverage.
4. Lessee's insurance as outlined above shall be primary and non-contributory coverage for
Lessee's negligence.
5. Lessee shall defend, indemnify, save and hold the City harmless from any and all claims,,
suits, judgments and liability for death, personal injury, bodily injury, or property damage�
arising directly or indirectly including legal fees, court costs, or other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to�
the City, and failure to request evidence of this insurance shall not be construed as a waiver of Lessee's�
obligation to provide the insurance coverage specified.
Page 2 of 2
City of Clearwater
01/01/2012