NON-DWELLING LEASE AGREEMENT FOR OFFICER FRIENDLY CHRISTMAS CHEER PROGRAM
Building
639 Chestnut St.
NON-DWELLING LEASE AGREEMENT
This lease is between Court Development Associates LLC by JSA Associates LP its Managing
Member by DiCicco Partners LLC its General Partner, as "Lessor," and the City of Clearwater as "Lessee."
WITNESSETH
WHEREAS, Lessor has agreed to lease one (1) building for operational purposes necessary to
present the Clearwater Police Department Officer Friendly Christmas Cheer Program:
NOW THEREFORE, in consideration of the foregoing stated promises and conditions, the parties
agree to the following:
1. PREMISES
Lessor does hereby lease to Lessee a portion of certain premises designated as 639 Chestnut St.,
Clearwater, Florida 33756 identified in Exhibit A.
2. USE
It is understood and agreed between the parties hereto and Lessee covenants that the leased premises during
continuance of this Lease shall be used only for the proper administration and operation of providing
services to the residents of Pinellas County, Florida, and for no other purpose or purposes, without the
written consent of the lessor, which may be granted or withheld in Lessor's sole discretion. Specifically,
the Lessee's intended use of this unit is for:
Clearwater Police activities as thev relate to the Officer Friendly Christmas Cheer Program.
3. TERM
Except as otherwise expressly stated in this Lease, the term of this Lease shall begin on November 17, 2006
and end on December 22, 2006.
4. SECURITY DEPOSIT
Lessor will not be collecting a security deposit. Lessee understands that if there are damages beyond
normal wear and tear, lessee is liable for payment of same in full, including labor and materials required to
bring unit back to move in condition.
5. RENT
Lessee covenants that it will pay to Lessor for the use of this property the sum of zero dollars.
6. LESSEE PAYMENT OF CERTAIN UTILITY COSTS
Lessee shall reimburse Lessor for water, sewer, electric and gas utility expenses. In no event shall Lessor
be liable for the quality, quantity, failure or interruption of such service to the leased premises.
7. INTERIOR ALTERATIONS
It is agreed that Lessee shall not make any structural alterations or permanent improvements to the
premises without the prior written consent of Lessor. It is specifically understood and agreed that Lessor
has no obligation and has made no promises to alter, remodel, or improve the unit except as specifically
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herein set forth. Lessee shall, upon the termination of the lease term, surrender the leased premises to
Lessor in the same condition as when received, ordinary wear and tear excluded.
8. MAINTENANCE AND REPAIRS
Lessee has inspected the Premises and finds it in good sanitary, orderly condition and repair and suitable to
their needs. Lessor is leasing the Premises in an "as is" condition. Should said rental unit be damaged
through Lessee's abuse, Lessee shall reimburse the Lessor for the actual cost of such repair including labor
and materials.
9. ASSIGNMENT AND SUBLETTING
Lessee may not assign or sublet this Lease in whole or in part, without prior written consent of the Lessor.
This unit is leased exclusively to Lessee.
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10.
INDEMNIFICA nON OF LESSOR
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 arising out of Lessee's use of the
premises by Lessee, its employees, contractors, subcontractors, business invitees, or assigns, including
legal fees, court costs, or other legal expenses, provided however, that the Lessee shall not be legally liable
for any negligence of the Lessor, its employees, servants, contractors, subcontractors, assigns or the
negligence of any other party, and provided further, that the liability of the Lessee shall not, in any event,
exceed the statutory limits set forth in Section 768.28, Florida Statutes.
11. INSURANCE
Lessee is a self-insured Florida Municipal Corporation. Lessee will self insure its personal property stored
in the leased premises as well as self-insure, with excess insurance coverage as deemed appropriate by
Lessee, any third party liability of Lessee arising out of this lease.
12. ENTRY BY LESSOR
Lessor shall at any and all reasonable time have the right to enter leased premises to inspect the same
without notice.
13. MAILING ADDRESS OF LESSEE
All notices for Lessee shall be forwarded to the following address unless Lessor is otherwise notified:
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Sgt. Sean Allaster or
Clearwater Police Department - Special Operations Section, Phone # 562-4146
645 Pierce Street
Clearwater, FL 33756
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IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease effective as of the dates
first above written, each representing to the other that they have full authority to execute the same in the
capacity indicated.
Signed this ISi4- day of 1Jove-.~ 2006.
Countersigned:
CITY OF CLEARWATER, FLORIDA, LESSEE
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William B. Horne II
City Manager
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Approved as to form:
Attest:
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ADDRESS: 645 CHESTNUT STREET
CLEARWATER, FLORIDA
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PROFESSIONAL SURVEYOR
PH. (727) 2911-0286
FAXI (727) 461-08911
I.S 6947
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