BEACH WALK TEMPORARY PARKING PATEL PROPERTY LEASE AGREEMENT
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BEACH WALK TEMPORARY PARKING PATEL PROPERTY LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this tL 1;(. day of
~UU~ ,2007, by and between K and P Clearwater Estate, LL , 100 Coronado
Drive, Clea ater Beach, Flonda 33767, herein called the "Lessor", and The City of Clearwater,
a Florida Municipality, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called the
"Lessee".
WIT N E SSE T H:
WHEREAS, the Lessor has ownership of and control over the use of that structure and
premises located at 100 Coronado Drive, Clearwater Beach, Florida 33767; and
WHEREAS, Lessor desires to lease portions of such premises; and
WHEREAS, Lessee desires to use such premises for public purposes;
NOW, THEREFORE, in consideration of the Premises .and the mutual covenants
contained in this Agreement, the Lessor and Lessee hereby agree as follows:
1. TITLE. The Title of this lease is the Beach Walk Temporary Parking Patel Property
Lease Agreement.
2. TERM. The term of this lease shall be month to month commencing on February 19,
2007, (the Commencement Date) and continuing until thirty (30) days after written notice of
termination of the lease agreement is given by either party, (the Termination Date), unless
earlier terminated under the terms of this agreement.
3. RENT. Lessee agrees to pay the sum of $120 per parking space monthly due on the
1st of each month beginning March 1, 2007. Simultaneously with the execution and
delivery of this lease, the Lessee shall pay the first month's rent. Lessee agrees to lease a
minimum of 67 parking spaces the first month and an additional 36 parking spaces
beginning on April 1, 2007 on the same terms and conditions.
3.a LATE FEE. In the event the rent is not postmarked or received by the 5th day of each
month, a late charge of $25/day shall be due.
3.b SECURITY DEPOSIT Lessee agrees to pay a security deposit of $8000.00 to secure
Lessee's pledge of full compliance with the terms of this agreement. Security due Lessee
to be returned within thirty (30) days after the expiration of the lease and vacating of
Lessee; alternatively Lessee may choose to apply security deposit to the last month's rent.
4. REAL ESTATE AND PROPERTY TAXES. Lessor agrees to pay all real estate and
property taxes due on the property during the term of the lease.
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5. LEASEHOLD. The Lessor leases to the Lessee the following described property
["Demised Premises"], including all improvements thereon, located in Pinellas County,
Florida, to wit:
a. The existing dirt and millings lot just south and east of Gulf View
Boulevard, west of Coronado Avenue, and north of First Avenue
as depicted on Exhibit "A" of this lease agreement, which is
located on the northern portion of the property listed in paragraph
c below.
b. The existing paved parking lot just south of First Avenue and just
west of Coronado Avenue as depicted on Exhibit "A" of this lease
agreement, which is located on the eastern portion of the
property described in paragraph c below.
c. Other suitable parking areas as may be agreed to by the Lessor
and Lessee.
d. Legal Description of the Entire Property from which the portions
listed in paragraphs a and b are to be leased is described as;
Parcel No.1: Lot 1, Block "A", Columbia Subdivision, according to
plat thereof recorded in Plat Book 23, Page 60, Public Records of
Pinellas County, Florida, together with the vacated Southerly 1 foot
of Gulf View Boulevard adjacent to said Lot 1, and the vacated
westerly 1 foot of Coronado Drive adjacent to said Lot 1, said
vacated portions being shown by Resolution filed November 27,
1959, in O.R. Book 757, Page 40, Public Records of Pinellas
County, Florida, and also Lots 44,45,46,47,90,91,92, 93, 94, 95,
96, and 97, The L1oyd-White-Skinner Subdivision, according to plat
thereof recorded in Plat Book 13, Pages 12 and 13, Public Records
of Pinellas County, Florida, together with the vacated westerly 1.86
feet of Coronado Drive adjacent to said Lot 93.
Parcel No.2: Lots 48, 49, 50, 51, 52, and 98, The L1oyd-White-
Skinner Subdivision, according to the map or plat thereof as
recorded in Plat Book 13, Page 12, Public Records of Pinellas
County, Florida.
Parcel No.3: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot
101, all of Lot 102, and the North 30 feet of Lot 103, L1oyd-White-
Skinner Subdivision, according to the map or plat thereof as
recorded in Plat Book 13, pages 12 and 13, public records of
Pinellas County, Florida.
Parcel No.4: Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot
101, L1oyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, pages 12 and 13, public
records of Pinellas County, Florida.
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6. USE OF PREMISES. Lessee shall have the use of the entire area described in paragraphs 5a,
5b, and 5c of this agreement. Lessee covenants and agrees to make no unlawful, improper or
offensive use of the Demised Premises. At the termination of this lease, Lessee agrees to return
the Demised Premises, including all fencing and gates, to the Lessor in as good condition as at
the effective date of this agreement, subject to normal wear and tear and subject to the existence
of the agreed improvements listed in Exhibit "A".
6. a All K & P employees, agents and invitees shall have unfettered access to all buildings and
offices currently owned by K & P and located on the Demised Premises. K & P shall retain
ownership of ten (10) parking spaces exclusively for the use of its employees, agents, and
invitees.
7. MAINTENANCE OF PREMISES. Lessee shall properly maintain the Demised Premises in a
clean and orderly condition, except for those repairs that are assumed by the Lessor.
8. REPAIRS AND IMPROVEMENTS: WARRANTY OF STRUCTURAL SOUNDNESS.
a. Lessee agrees to make those improvements described in Exhibit "A" at Lessee's
expense. If any item exceeds the estimated cost, or if funding is not available, then
Lessee may, at its sole discretion, modify or decide not to make such
improvements.
b. Any improvements installed by Lessee will be removed by Lessee and Lessee will
return the Demised Premises to their original condition at the expiration of the
term, excepting only reasonable wear and tear arising from the use thereof under
this agreement.
c. Lessor makes no warranties. Lessee shall exercise due diligence to determine
that the Demised Premises is structurally sound for the intended use as a
temporary parking lot.
9. UTILITIES. There presently are no utility services on the Demised Premises.
10. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon observing and
performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably
and quietly hold and enjoy the Demised Premises for the term of the lease without hindrance or
interruption by the Lessor.
11. INSURANCE. Prior to taking possession of the premises Lessee shall provide proof of self
Insurance against claims for injuries to persons or damage to property which may arise from or in
connection with this lease. If Lessee allows any insurance required under this article to lapse,
Lessor may, at its option, take out and pay the premiums on the necessary insurance to comply
and Lessor is entitled to immediate reimbursement from Lessee for all amounts spent to procure
and maintain the insurance.
12. REPARABLE DAMAGE. If the Demised Premises are damaged by fire or otherwise to such
extent so as to interfere with their use by Lessee, the rent payable for the period commencing on
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the date on which Lessee gives Lessor written notice of such damage, and ending on the date on
which restoration of the Demised Premises is completed, shall be abated in the proportion which
the parking space made unusable bears to the parking space leased to the Lessee prior to the
damage. If the Demised Premises are totally destroyed or rendered untenantable, Lessor shall
have the right, but no obligation, to render the premises tenantable by repairs within thirty (30)
days from the date that insurance claims of Lessor and Lessee shall have been settled and
Lessor shall be free of all restrictions as to proceeding with the work of repair or rebuilding.
13. LIABILITY AND INDEMNIFICATION. Lessee agrees to assume all risks of the Demised
Premises and all liability therefor, and shall defend, indemnify, and hold harmless the Lessor, for
all claims arising out of, or because of, or due to any negligent act or occurrence or omission of
the Lessee, its agents, employees, contractors, or invitees. However, nothing herein shall
constitute a waiver by Lessee of its sovereign immunity and the limitations set forth in Section
768.28 Florida Statutes.
13. a Lessee will not permit any mechanic's lien or liens to be placed on the premises or on
improvements on them. If a mechanic's lien is filed on the premises or on improvements on them,
Lessee will promptly pay it.
14. ASSIGNMENT OF LEASE. This Lease, or any part thereof or interest therein, may not be
assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent
shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time,
with notice, assign or delegate any or all of its rights hereunder.
15. TERMINATION BY LESSOR. This Agreement shall be subject to termination by the Lessor
in the event of anyone or more of the following events:
a. Nonpayment by Lessee of payments required in this agreement.
b. Lessor determines that the Demised Premises are so extensively damaged by some
casualty that it is impractical to repair such Demised Premises.
16. NOTICE. Any notice given by one party to the other in connection with the Lease shall be
sent by certified mail, return receipt requested, with postage and fees prepaid:
1. If to the Lessor, addressed to:
K&P Clearwater Estates,
Attn: Dr. Kiran Patel
5600 Mariner Street Suite 227
Tampa, Florida 33609
K & P Clearwater Estates,
Attn: Kirit Shah
P.O. Box 3094
Clearwater, FL 33767
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2. If to the Lessee, addressed to:
Michael Quillen
Director of Engineering
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Copy addressed to:
City Attorney
P.O. Box 4748
Clearwater, Florida 33758-4748
17. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement or to
interpret any provision of this Agreement, by law or through attorneys-at-law, or under advice
therefrom, the parties agree that the prevailing party is entitled to recover reasonable attorney's
fees from the other party, in addition to any other relief that may be awarded.
IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this
Agreement on the date first above written.
K & P Clearwater Estate, LLC
Countersigned:
By: ~ - jct)?/T S6'1JIj
Its: ;tJ/2E'\' / >>5kT
CITY OF CLEARWATER
~ k //~ BY:t1J.~ /3. ~-:Lr
Ft::a6k V. Hibbard William B. Horne, II,
Mayor City Manager
Approved as to form:
.~Attest:
C 'r"_~,O__
Carlos F. Colon
Assistant City Attorney
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