COMMERCIAL LEASE - 1409 NORTH FORT HARRISON - UNITA
COMMERCIAL LEASE
THIS Commercial Lease ("Lease"), is made this first day of April 2006, by and between Ewart
Holdings, Inc., as Landlord, and City of Clearwater on behalf of the Clearwater Police
Department, which will be doing business at 1409 N. Ft Harrison Unit A Clearwater, FL
33755, as Tenant.
In consideration of the covenants made herein, the parties agree as follows:
1. Premises and Term.
Landlord does hereby demise and lease to Tenant and Tenant does hereby hire from Landlord
the following described premises: 1409 N. Ft Harrison Unit A Clearwater, FL 33755
consisting of approximately 800 square feet, hereinafter referred to as the "Premises", for the
term of 2 years running from and including the 1st day of April, 2006 ("Commencement
Date") up to and including the 31st day of March, 2008 for use in Tenant's regular business,
subject to the terms and conditions of this Lease. Tenant may extend this Lease by 1 year (the
First Option Period) by giving Landlord 30 days notice of Tenant's intent to extend the Lease.
2. Amount of Rental.
Tenant covenants to pay to Landlord at Landlord's office at Unit A, or such other place as
Landlord shall designate in writing, as rent for said premises, the sum of $ 19,200.00 Dollars
payable in equal monthly installments of $800.00, payable in advance, commencing April 1st,
2006.
3. Security Deposit.
As security for the prompt performance of its obligations hereunder Tenant has concurrently,
with the execution of this Lease, paid Landlord the sum of $ None. Said security deposit may
be applied by Landlord for the purpose of curing any default or defaults of Tenant, in which
event Tenant shall replenish said deposit in full by promptly paying to Landlord the amount so
applied. Landlord shall not pay any interest on said deposit except as required by law. If
Tenant has not defaulted hereunder, Landlord has not applied said deposit to cure a default
and Tenant has replenished the same, then said deposit, or such applicable portion thereof,
shall be refunded to Tenant after the termination of this Lease. The security deposit shall not
be deemed to be an advance payment of Rent or a measure of Landlord's damages for any
default hereunder by Tenant. To the extent permitted by law Landlord shall be entitled to co-
mingle Tenant's security deposit with other funds of Landlord. In the event of a sale of the
Premises, Landlord shall have the right to transfer the security to the purchaser and the
Landlord shall thereupon be released from all liability for the return of such security. The
Tenant shall look solely to the new Landlord for the return of such security. The Tenant shall
not assign or encumber the money deposited as security, and neither the Landlord nor its
successors or assigns shall be bound by any such assignment or encumbrance.
4. Use of Premises.
N/A.
5. Observance of Laws.
Tenant shall duly obey and comply with all public laws, ordinances, rules or regulations
relating to the use of the leased Premises.
6. Condition of and-Repair of Interior.
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Building Rules & Regulations
Tenant's taking possession of the Premises shall be conclusive evidence against the Tenant
that the Premises were in good order and repair, satisfactory to Tenant, when Tenant took
possession. No agreement of the landlord to alter, remodel, or decorate/clean or improve the
Premises has been made by landlord to Tenant other than may be contained in this lease or
in a separate work letter agreement between Tenant and landlord.
Tenant shall keep the interior of the premises in good repair, free of refuse and rubbish and
shall return the same at the expiration or termination of this lease in as good a condition as
received by Tenant, ordinary wear and tear, damage or destruction by fire, flood, storm, civil
commotion or other unavoidable cause excepted. Tenant agrees to use chair mats or suitable
devices to prevent deterioration of the carpet or floor covering. If damage is caused by Tenant
or its agents, employees or invitees, landlord may, at its option, repair such damage, and
Tenant shall reimburse landlord for the total cost of repairs within ten (10) days of being billed
for the repairs.
7. Possession.
N/A.
8. Quiet Enjoyment.
If Tenant shall pay the rent due hereunder and other amounts to be paid by Tenant to
landlord and faithfully keep and perform all of the covenants, agreements and conditions
herein stipulated to be kept and observed by Tenant, Tenant shall at all times during the term
of this lease have the peaceful and quiet enjoyment of said Premises without hindrance of
landlord, or any person lawfully claiming under landlord, subject, however to the terms of this
lease and any mortgage on the property.
9. Subletting.
Tenant may not without the prior written consent of landlord assign this lease or any interest
thereunder, or sublet the premises or any part thereof, or permit the use of the Premises by
any party other than Tenant. Consent to one assignment or sublease shall not waive this
provision and all later assignments and subleases shall be made only upon the prior written
consent of landlord. Sub-tenants or assignees shall become liable to landlord for all
obligations of Tenant without releasing Tenant from liability therefor. In the event of sub-letting
or assignment, Tenant shall pay to landlord a fee to reimburse landlord for the accounting,
legal and other services to accomplish such sub-letting or assignment, which fee is estimated
to be $200.00.
10. Alterations, Additions, Installations and Removal Thereof.
Tenant shall not, without the prior written consent of landlord, make any alterations or
additions to the Premises. If landlord consents to alterations or additions, before the
commencement of work or delivery of any materials into the Premises, Tenant shall furnish the
landlord for approval, architectural plans and specifications, names and addresses of all
contractors, contracts, necessary permits and licenses, certificates of insurance and
instruments of indemnification and waivers of lien against any and all claims, costs, expenses,
damages and liabilities which may arise in connection with such work, and in such form and
amount as may be satisfactory to landlord. Tenant further agrees to hold landlord harmless
from all claims and liabilities of every kind, nature and description, which may arise out of or in
any way be connected with such work. All such alterations or additions to the Premises shall
be done only by contractors or mechanics holding valid and appropriate licenses for the
services provided. Tenant shall pay the cost of all such work. Upon completion of the work,
Tenant shall furnish landlord with contractor's affidavits and full and final waivers of lien and
receipted bills covering all labor and materials. All such work shall comply with all insurance
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requirements and all applicable laws, ordinances and regulations. All work and materials shall
be in a workmanlike manner with good grades of materials. All alterations shall become a part
of the Premises and shall remain upon and be surrendered with the Premises at the
termination or expiration of this lease, unless otherwise agreed in writing.
Tenant agrees not to permit any lien of any mechanic or material man to be placed or filed
against the property of landlord or the Premises. In case any such lien shall be filed, Tenant
shall immediately satisfy and release such lien of record. Tenant has no authority or power to
cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of
Tenant, operation of law or otherwise, to attach to or be placed upon landlord's title or interest
in the Premises.
11. landlord's Maintenance and Repair of Premises.
landlord shall, without expense to the Tenant, maintain and make all necessary repairs to the
foundations, load bearing walls, roof, gutters, downspouts, heating systems, air conditioning,
water mains, gas and sewer lines, sidewalks, private roadways, parking areas, and loading
docks, if any, on or appurtenant to the leased Premises.
landlord may enter the Premises at all reasonable times to make such repairs and alterations
to the Premises as landlord shall deem necessary or be required to do and to conduct and
monitor the satisfactory completion of services provided by landlord. landlord shall be
allowed to take any and all needed materials and equipment that may be required to make
such repairs or alterations and improvements into and through the Premises without being
liable to Tenant in any manner; provided that landlord gives Tenant notice of such actions at
least 3 full business days prior to the first date of crew arrival. During the time such work is
being performed in or about the Premises, the rent shall not abate and Tenant waives any
claim or cause of action against landlord for damages by reason of interruption to Tenant's
business or loss of profits therefrom until such interruption disrupts the business for 2
consecutive calendar days.
Tenant agrees to report to landlord any defective condition in or around the Premises or other
property of landlord about which Tenant may become aware.
landlord shall not be liable to Tenant for any damage to any property whether or not owned by
Tenant, in the Premises, or in or near the Premises caused by gas, wind, flood, smoke, water,
rain, or ice, however caused.
12. Utilities and Janitorial Services.
Tenant shall pay for electricity, including that for air-conditioning.
Tenant will cause the Premises to be cleaned and generally cared for by its janitor and
maintenance person.
landlord will not be liable in damages by abatement of rent or otherwise for failure to fumish or
delay in furnishing the utilities landlord is responsible for when such failure to furnish or delay
in furnishing is caused in whole or in part by the need for repairs, a strike or labor controversy,
landlord's inability to secure fuel for the Premises, any accident or casualty, unauthorized acts
or default by janitors or workman or other tenants or any cause beyond the reasonable control
of landlord.
13. Damage by Fire, Etc..
In the event the Premises shall be damaged by fire, flood, storm, civil commotion or other
unavoidable cause, landlord may elect to:
(a) Terminate this lease as of the date of such fire or other casualty by delivery of notice of
termination to Tenant within ninety (90) days after said date; or
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(b) Without termination of this lease proceed with due diligence to repair, restore and
rehabilitate the Premises, (other than leasehold improvements paid by Tenant).
In The event of any natural disaster for which the repair or restoration shall exceed Seven (7)
days. Tenant shall have the right to terminate this lease without any further obligation to
landlord.
If the premises are damaged by fire or other casualty but are not made substantially
untenable, then landlord shall proceed with due diligence to repair and restore the Premises,
other than the leasehold improvements paid for by Tenant, unless such damage occurs during
the last twelve (12) months of the lease term, in which event landlord shall have the right to
terminate this lease as of the date of such fire or other casualty by delivery of written notice of
termination to Tenant within sixty (60) days after said date.
If all or any part of the Premises are rendered substantially untenable byfire or other casualty
and this lease is not terminated, Rent shall abate for the portion of the Premises which are
untenable on a per diem basis from and after the date of the fire or other casualty and until the
Premises are repaired and restored if the damage is not due to the acts or neglect of Tenant.
If the fire or other casualty is caused by the Tenant, Tenant shall be responsible for the
resulting damages and there shall be no abatement of rent.
14. Condemnation.
In the event the whole or a part of the Premises shall be taken or condemned by any
competent authority for any public or quasi-public use or purpose, this lease shall terminate
as of the date of the taking of possession by the condemning authority, and rent shall be
apportioned as of said date.
In the event less than a substantial part of the buildings or Premises shall be taken or
condemned by any competent authority for any public or quasi-public use or purpose, or if any
adjacent property or street shall be condemned or improved in such manner as to require the
use of any part of the Premise or of the building (s) comprising the office complex, then at the
election of the landlord expressed by delivery of written notice to Tenant within ninety days
after said date of taking or condemnation, this lease shall terminate as of said date without
any payment to Tenant therefore.
landlord shall be entitled to receive the entire award from any taking or condemnation without
any payment to Tenant, and Tenant hereby assigns to landlord, Tenant's interest, if any, in
any such award; provided however, Tenant shall be entitled to receive any award or portion of
an award specifically designated as being compensation for Tenant's movable trade fixtures,
improvements installed by Tenant and Tenant's relocation expenses.
15. Tenant's Liability Insurance.
Tenant is Self Insured
16. Indemnification.
lessee agrees to indemnify, save, and hold the lessor harmless from any and all claims,
suits, judgments, and liability for death, personal injury, bodily injury, or property damage,
including attorneys' fees, arising out of any act, error, omission, or negligent act by the City of
Clearwater or its employees while lessee is using the premises, except that neither the City of
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Clearwater nor its employees shall be liable for any claim, loss, damage, cost, expense, or
attorneys' fees attributable to any error, omission, or negligent act of lessor, including it
officers, employees, agents, contractors, subcontractors, assigns or the negligence of any
other party. Nothing herein shall be construed to waive or modify the limits of liability contained
in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity.
17. landlord's Right to Enter Premises.
Tenant shall permit landlord and landlord's agents to enter at such times as to view the state
and condition of the Premises or to make such alterations or repairs therein as may be
necessary for the safety and preservation thereof, or for any other reasonable purposes.
Tenant shall also permit landlord or landlord's agents, on or after sixty (60) days preceding
the expiration of the term of this lease, to show the premises to prospective tenants at
reasonable times.
18. late Payments.
Should the rent remain unpaid for more than Fifteen (15) days beyond the due date, landlord
shall, at its option, in addition to the rents reserved herein, charge a ten (10%) percent late fee
on the missed payment. landlord may charge a $0 fee for any check that it must re-<leposit
because of insufficient funds in addition to any other remedies which landlord may have for a
dishonored check.
19. Sidewalk and Hallway Encumbrances.
Tenant shall neither encumber nor obstruct the sidewalk in front of, or any entrance to, or
common hallways in the buildings) comprising the office complex.
20. Signs.
Tenant shall not paint or place signs visible upon or from the windows and corridor doors of
the Premises except with the prior written consent of landlord and Tenant shall place no signs
upon the outside walls or the roof of the Premises or office buildings except with the prior
written consent of landlord.
21. Hazardous Waste.
Any disposal of a "hazardous substance" as defined in 42 U.S.C. S 9601, the "Comprehensive
Environmental Response Compensation and Liability Act of 198011, a "hazardous waste" as
defined in 42 U.S.C. S 6901, the "Resource Conservation and Recovery Act of 197611, or a
"hazardous waste" as defined in Florida Statutes as such definitions may be modified or
revised on the Property is expressly prohibited. Any unauthorized or unlawful discharge of
such "hazardous substance" or "hazardous waste" which occurs during the term of this lease
caused by Tenant or Tenant's employees shall be promptly cleaned up and restored by
Tenant in accordance with proper procedures and applicable governmental regulations.
landlord may also bring an action against Tenant to recover any damages, including clean-up
costs, fines, and other assessments by a governmental authority incurred by landlord due to
Tenant's violation of this provision.
Tenant agrees to indemnify and hold landlord harmless from any and all costs, expenses,
losses or liabilities, including reasonable attorney's fees, costs of settlement or judgment and
claims of any and every kind whatsoever paid, incurred or suffered by, or asserted by any
person or entity or governmental agency for, with respect to, or as a direct or indirect result of,
the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission,
discharging or release of any hazardous substance or petroleum product on or from the
Premises which was caused by Tenant or Tenant's employees, the presence, escape,.
seepage, leakage, spillage, discharge, emission, discharging or release which occurs after the
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Commencement Date of this lease.
The paragraphs set forth above shall survive the termination or expiration of the lease.
22. Performance by landlord for Tenant.
If Tenant shall default in the performance of any covenant on its part to be performed, or shall
fail to make any payment herein provided for, after written notice to Tenant has been given of
such failure to perform or pay and after Tenant has failed to cure within the time allowed,
landlord may, without prejudice to any of landlord's other rights against Tenant in the event of
Tenant's default at any time thereafter perform the same for Tenant or make any such
payment. Tenant further agrees to repay, with interest, on demand to landlord, the amount so
paid, expended or incurred by landlord, and if not so repaid, any such amount shall, at the
option of landlord, be added to and become a part of the monthly installment of rent next
falling due, with all rights and remedies incident thereto.
23. Surrender of Premises.
A. Tenant shall, upon the expiration or termination of this lease, for any reason whatsoever,
surrender to landlord the Premises, together with alterations, improvements and fixtures
(other than as specifically set forth below) thereon, together with all alterations and
replacements thereof, then upon the Premises, in good order, condition and repair, except for
reasonable wear and tear or damage by fire or other casualty.
Tenant, upon the expiration or other termination of this lease may, and shall, upon the
demand of landlord, remove Tenant's trade fixtures, furniture, equipment and other personal
property from the Property; and any resultant damage to the Premises shall be repaired and
the Premises otherwise restored, by and at the expense of Tenant; PROVIDED, HOWEVER,
that if, upon any such expiration or other termination of this lease, Tenant shall be delinquent
or in default under any of the provisions hereof, Tenant shall not, without landlord's consent,
be entitled to remove such trade fixtures, furniture, equipment or personal property unless and
until such delinquency or default shall have been cured. If such delinquency or default shall
not have been cured by Tenant within thirty (30) days after the date of such expiration or
termination, all such trade fixtures, furniture and equipment and other personal property of
Tenant shall, at landlord's option, be and become the absolute property of landlord.
B. In the event Tenant fails to surrender the Premises and appurtenances to landlord in the
manner aforesaid, upon the expiration or termination of this lease for any reason, then Tenant
shall pay to landlord all damages which landlord may suffer on account of Tenant's failure to
surrender to landlord the Premises and appurtenances, and shall indemnify and save
landlord harmless from and against all claims made by any third party, including, but not by
way of limitation, any succeeding tenant of said Premises, against landlord on account of
delay of landlord in delivering possession of the Premises insofar as such delay is occasioned
by failure of Tenant so to surrender.
C. If Tenant holds over and continues in possession of the Premises, or any part thereof, after
the expiration or termination of the lease without landlord's permission, landlord may recover
double the amount of the rent and additional rent due for each day Tenant holds over and
refuses to surrender possession. Such daily rent shall be computed by dividing the rent and
the additional rent for the last month of the lease by 15.
D. No surrender of the Premises or of the remainder of the term of this lease, prior to the
expiration of the terms hereof, shall be valid unless accepted by landlord in writing.
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24. Notices.
A. Any notice referred to herein to be given to Tenant shall be by United States mail, return
receipt requested to:
City of Clearwater Police Depatment
Attention: Captain Donald Hall
Clearwater, FI 33756
B. Any notice referred to herein to be given to landlord shall be by United States mail, return
receipt requested to:
Ewart Holdings Inc.
P.O. Box 868
largo, FI, 33779
C. Either party may change the address to which its notice shall be given by, notice pursuant
to this provision, but notice of change of address is effective only upon receipt. Notice or
demand may also be given by courier, telecommunications, or other service that offers reliable
proof of expeditious delivery.
D. Notwithstanding anything to the contrary stated herein, any notice by landlord to Tenant
shall be deemed effective if personally delivered to Tenant, its agents, or the employee in
charge at the Premises at the time of delivery.
25. Remedies in the Event of Default.
A. This lease is subject to the limitations' that, if anyone or more of the following events,
hereinafter called "events of default" shall occur, landlord may avail itself of anyone or more
of the remedies set forth in paragraph B of this section.
1. If at any time between the date hereof and the Commencement Date of this lease or during
the term of this lease:
a. Tenant shall make an assignment for the benefit of its creditors; or
b. Any petition shall be filed by or against Tenant in any court, whether or not pursuant
to any statute of the United States or of any state, in any bankruptcy, reorganization,
composition, extension, arrangement or insolvency proceedings and in any of said events,
within thirty (30) days thereof, Tenant falls to secure a discharge thereof; or
c. In any proceeding, a receiver or trustee be appointed for all or any portion of
Tenant's property and such receivership or trusteeship shall not be vacated or set aside within
thirty (30) days after the appointment of such receiver or trustee; or
2. If Tenant shall refuse to take possession of the Premises at the commencement of the term
of this lease or shall thereafter vacate or abandon the Premises and permit the same to
remain unoccupied and unattended for more than thirty (30) days; or
3. If, without the prior written consent of landlord, Tenant shall assign, mortgage or encumber
this lease, or sublet the whole or any part of the Premises, or permit the whole or any part of
the Premises to be occupied otherwise than as expressly permitted hereunder, and if such
transaction is not rescinded and all unauthorized parties removed from the Premises by
Tenant within ten (10) days after notice from landlord; or
4. If Tenant shall fail to pay any installment of rent, or any other amount due under this lease,
as it becomes due and such failure shall continue for five (5) business days after written notice
to Tenant or any notice periods provided for under this lease shall run concurrently with any
statutory notice period, and any notice given hereunder may be given simultaneously with or
incorporated into such statutory notice; or
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5. If the Premises are damaged by reason of the act or negligence of Tenant, its agents,
servants or invitees and are not repaired or restored within thirty (30) days after notice thereof
from Landlord to Tenant; or
6. If any execution or attachment shall be issued against Tenant or any of Tenant's property
whereupon the Premises shall be taken or occupied or attempted to be taken or occupied by a
party other than Tenant and such execution or attachment is not released within seven (7)
days after notice thereof from Landlord to Tenant; or
7. If Tenant shall be in default on any other lease between Landlord and Tenant and such
default is not cured within twenty (20) days after notice therefrom from Landlord to Tenant; or
8. If Tenant shall fail to perform or observe any other covenant or requirement of this lease
(not hereinbefore specifically referred to) in this paragraph on the part of Tenant to be
performed or observed, and such failure shall continue for thirty (30) days after notice
therefrom from Landlord to Tenant. It shall not be a default under the lease if Tenant has
commenced to cure and is diligently prosecuting the cure to completion during the thirty day
period after notice from the Landlord.
B. Upon the happening of anyone or more of the events for default set forth in paragraph A
hereof and at the expiration of the respective period of time following the giving of notice as
herein-above prescribed, Landlord may take anyone or more of the following courses of
action:
1. Landlord may declare the entire balance of rent for the remainder of the term to be due and
payable and may collect the same by distress or otherwise, and Landlord shall have a lien on
the personal property of Tenant which is located in the leased Property and in order to protect
its security interest in said property, Landlord may, after judicial hearing and order, with or
without notice, lock up the leased Premises in order to protect said interest in the secured
property;
2. Landlord may terminate the Lease and retake possession of the leased Premises, in which
event Tenant's obligation for future rent shall cease;
3. Landlord may enter the leased Premises and re-Iet the same without termination, in which
latter event Tenant covenants and agrees to pay any deficiency after Tenant is credited with
the rent thereby obtained less any repair and expenses (including the expense of obtaining
possession );
4. Except as provided in paragraph B(2) above, Landlord may resort to any two or more of
such remedies or rights and adoption of one or more of such remedies or rights shall not
prevent the enforcement of others concurrently or thereafter.
C. Tenant also covenants and agrees to pay reasonable attorney's fees and costs and
expenses of Landlord, including court costs, if Landlord employs an attorney to collect rent or
enforce any other rights of Landlord herein in the event of any default(s) as aforesaid, and the
same shall be payable as additional rent regardless of whether collection or enforcement
results in suit or otherwise. In the event of any court proceeding or suit, the prevailing party
shall be entitled to recover its reasonable attorneys fees at trial between the parties, or on any
appeal between the parties or in any proceeding in bankruptcy court in which the parties seek
to enforce this Lease or its terms or compel the adoption or rejection of the Lease.
26. Miscellaneous.
A. This Lease is subject and subordinate to all present and future mortgages and other
encumbrances affecting the property, and to all renewals, modifications, consolidations,
replacements and extensions thereof. Tenant agrees to execute at no expense to Landlord,
and upon request, any instrument which may be deemed necessary by Landlord to further
affect the subordination of the Lease as herein provided.
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B. Tenant and landlord hereby waive trial by jury in any action, proceeding, or counterclaim
brought by either party against the other pertaining to any matters whatsoever arising out of or
in anyway connected with the lease or Tenant's use and occupancy of the Premises. The
parties agree that the proper venue for any action brought concerning this lease shall be
Pinellas County, Florida.
C. All unpaid amounts due to landlord under this lease shall bear interest at the rate of 15%
per annum or the highest legal rate, whichever is less, from the date due until paid.
D. All representations, agreements and obligations of landlord are contained in this lease and
no modification, waiver or amendment of the provisions of this lease shall be binding upon
landlord unless in writing and signed by landlord.
E. Tenant consents to assignment by landlord of any part or all of its rights hereunder.
F. This lease shall not be recorded without the execution and acknowledgment of an
appropriate memorandum of this lease and landlord's prior written consent.
G. No waiver of any default of Tenant hereunder shall be implied from any failure by landlord
to take any action on account of such default whether or not such default persists or is
repeated and no express waiver shall affect any default other than the default specified in such
waiver and then only for the time and to the extent stated therein.
H. Each provision hereof shall be binding upon and inure to the benefit of the landlord and
Tenant and their respective heirs, assigns, executors, administrators, legal representatives
and successors.
I. The captions and heading throughout this lease are for convenience and reference only
and the words contained therein shall in no way be held or deemed to define, limit, describe,
explain, modify, amplify or add to the interpretation, construction or meaning of any provision
of or the scope or intent of this lease.
J. Tenant agrees that upon request by landlord, Tenant shall deliver to landlord a statement
in writing certifying:
1. That this lease is unmodified and in full force and effect, or, if there have been
modifications, that the lease as modified is in full force and effect;
2. The dates to which rent or other charges have been paid; and
3. landlord is not in default under any provision of this lease or if in default, a detailed
description thereof.
K. Tenant represents that it has not been represented by any broker, realtor, agent or other
party in connection with the procuring of this lease other than N/A and Tenant indemnifies
and holds landlord harmless from the claims of any other party in connection with the
negotiation and procuring of this lease.
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals the day and
year first above written.
LANDLORD:
EWART HOLDINGS INC.
Si9natureA1I'o/wO ~O
ichael Howla d (Title)
Witness: Name legibly typed or PrintedJ'\1 ~ G h ~e r
foes,~
~wlqncL
Page 9 of 12
TENANT:
Countersigned: CITY OF CLEARWATER, FLORIDA
-:f~ /;(' ~ BY~~~
F~ V. Hibbard William B. Horne II
Mayor-Commissioner City. Manager
Approved as to form:
~~J~
Robert J. S rette
Assistant Ity Attorney
Attest:
-'
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Attachment: Exhibit A: Buildings Rules and Regulations
Exhibit "An
Building Rules and Regulations
1. Tenant shall not install any awnings or structures of any kind whatsoever on the exterior of
the building.
2. Curtains, draperies or other window covering shall not be installed on the demised
premises without first obtaining written approval of Landlord as to the color and material of the
exterior lining to be used.
3. No food shall be prepared or cooked in the demised premises, and the premises shall not
be used for housing, lodging, sleeping or for any immoral or illegal purpose. Nothing
contained in this clause, however, shall be construed to prohibit Tenant's operation of coffee
lounge facilities in the demised premises.
4. Tenant shall not connect any apparatus, equipment or device to the water lines in the
building without first obtaining the written consent of the Landlord.
5. No electric powered machines or equipment shall be used by Tenant in the demised
premises except typewriters, adding machines or dictating equipment, and similar small office
machines.
6. Tenant shall not operate or permit to be operated any musical or sound producing
instrument or device in the demised premises.
7. No articles deemed hazardous on account of fire or explosion shall be brought into the
building.
8. Tenant shall not bring or permit to be brought into the building any animals or birds.
9. Tenant shall not disturb, solicit or canvass any occupant of the building and shall cooperate
to prevent same.
10. Tenant shall not use any illumination or power for the operation of any equipment or
device other than electricity which shall be provided by Landlord.
11. Tenant will refer all contractors or installation technicians rendering any service for Tenant
to Landlord for supervision and approval before performance of any contractual services,
including but not limited to installation of telephones, telegraph equipment, electrical devices
and attachments, and installations of any and every nature affecting floors, walls, woodwork,
trim, windows, ceilings, equipment or other physical portions or services of the building.
12. Movement in or out of the building of furniture or office equipment, or dispatch or receipt
by Tenant of any merchandise or materials other than hand-delivered packages, which
requires the use of elevators or stairways or movement through the building entrances or
lobby, shall be restricted to the hours designated by Landlord from time to time. All such
movements shall be as directed by Landlord and in a manner to be agreed upon between
Tenant and Landlord by pre-arrangement before performance. Tenant assumes all risk of
damage to any and all articles so moved as well as injury to any person or property in such
movement, and hereby agrees to indemnify Landlord against any loss resulting therefrom.
13. Landlord shall not be responsible for any lost or stolen property, equipment, money or
jewelry from the leased premises or the public areas of the building regardless of whether
such loss occurs when the leased premises are locked or not.
14. Landlord shall have the right to determine and prescribe the maximum weight and proper
position of any heavy equipment, including safes, large files etc., that are to be placed in the
building, and only those which, in the reasonable opinion of Landlord, will not do damage to
the floors, structures or elevators may be moved into the building.
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15. Any damage occasioned in connection with the moving or installing of furniture,
equipment, appliances or other articles in the building, or the existence of same in the building,
shall be paid for by Tenant.
16. Tenant shall not place on or about its entrance door or doors any sign or mark of any kind
other than that approved by landlord.
17. Tenant nor any of its employees will leave an exterior door unlocked after business hours.
18. Tenant shall instruct its employees to turn off all lights and equipment using electricity
when not in use, and in no event will any of these items be left on after normal hours.
19. Tenant will not allow any corridor door to remain open in violation of fire regulations.
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