BUSINESS LEASE CONTRACT (4) BUSI LE SE CONTRACT
THIS BUSINESS LEASE GO NIT RACT, e�nteredl into this ?° � ld of If
a y , 20-15,
("Effective Date") between the COMMUNITY REDEVELOPMENT AGEN Y OF THE CITY OF
CLEAR WATE R, FLORIDA, a public body corporate and politic of the State of Florida, having its
principal palace of business at 112 South Osceola Averilue, Clearwater, Florida 33756, as Lessor, and
the CLEARWATER GARDEN CLUB,,, a Florida noin-profit corploratiion, having it piriiniciipal place of
business at 4015 Seminole Street, Clearwater, Florida 33755, as Lessee (each individually referred) to
herein as "Party" or collectively as, the "Parties"').
WIT NESS ET' H:
WHEREAS,, Lessor and Lessee desire to improve and strengthen the East Gateway
Community of Clearwater; and
WHEREAS, "creating more green space and recreational facifities" in the East Gateway is one
of the action items of the East Gateway Five-Year Action IlPrograrrn for FY 20112-2011 7; and
WHEREAS,, a community garden is a proven community bluiildling tool; and
WHEREAS, a community garden develops healthy lifestyle habits; and
WHEREAS, property described herein was, purchased by Lessor for the purpose of facilitating
an economic develoipment project; and'
WHEREAS,, uant'ill such tiime as a viable redevelopment project is planned for the property
described herein, the Parties agree that said property is an, appropriate site for a community garden.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as folllows:
That Lessor does lease arndl Lessee agrees to lease the following premises-
P,inellas, County Parcel ID Niois, 15/29/15/5817881/0,0101/02810
1 5/29/15158788/000/0290
15/29/15/5878i8i/0010/031IO
all beiing more specifically described as foilows:
Lots 2% 29, 3,0 and 31, Re-Subdivision Liots 11, 120, 13, 1141 & IS
Padgett's Estate, according to the map i or plat thereof, as recorded in
Plat I Biook 12, Page 24, Public Records of Pinellas Colunty, Florida
See, Exhibit "A", attached: hereto and incorporated, herein.
Such property shall hereinafter be referred to as, the "Leased If remises" or the "Demised
Premises"" or the "Leased Property,
1 LEASE TERM
This Lease shall commence upon the execution, hereof Iby all parties hereto (herein, the
"Effective Date") andl shall continue in full force and effect for three (3) years (herein called the "Initial
Term,") unless terminated as provided for herein. Upon mutual agreement of the Parties, this Lease
may be extendledl annually for two successive one (1) year periods. Any extended term or terms,
collectively, are hereinafter referred to as the "'Extended Term". No such renewal or extension shall
be deemed a waiver by Lessor of any uncured breach or uncured default which may then exist. The
Extended Term shall be upon the same conditions and terms, aundl the rent shall be determined and
payablle, as provided in this agreement. Failure to apply any annual extension as provided for in this
paragraph shall re,suillt in this Lease terminating at the conclusion of the then current term. The
Lessee shall request the option, for an Extended Term by notifying the Lessor in writingu at least thirty
(30), calendar days prior to the expiration of the then current term. Upon Lessor's approval of such
request, this, Lease shall be deemed l to be extended for a period of one (1) year without the execution
of any further lease or other instrument. CAA Executive Directoirs approval shall be sufficient for
purposes of Lessor's consent to any extension.
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 00J1010 Dollars ($1.g0) a n n ua I lly, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
3. USE OF PREMISES
The Leased Premises are leased to Lessee solely 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 Leased
Premises shall be used as a community garden allowing clommunity residents permitted by Lessee to
grow and produce horticultural plants for their consumption and enjoyment and for the conisumptio�n
and enjoyment by friends and relatives, on a not-for-profit basis, under the dliirection of Lessee. Such
use is intended to facilitate and promote community building.
4. UTILITIES
Unless otherwise provided for hierein!, water, sewer, electric and all other utilities of any kind
shall, be billed dlirectly to Lessee and are or shall be individually metered for the subject premises. All
deposits, for such utilities shall be the sole responsibility of Lessee. Prior to any installation of utilities
on site (ii.e. irrigation), CRA Executive Director must review and approve the location of the (lines.
5. TAXES AND ASSESSMENT'S
If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or
taxes of any kind are assessed or levied lawfully on the Leased Property, based on the Lessee's use
of the Leased: Property during the term of this lease, the Lessee agrees, to, pay all such taxes,
assessments or Hens, within thirty (30) days after receiving written notice from the Less,or. Ins the
event the Lessee fails, to pay all such taxes assessed or levied on the Property within thirty (30) days
[GM15-9216-042/163000/1] 2
after receiving rittenl notice, the Lessor may, at its sollle option, pay such taxes, liens, oir
assessments, which, Lessee shiall immediately reimburse Lessor together with any interest, calculated
at the maximiurn rate allowed by law, and any administrative costs incurred by the Lessor. Failure of
the Lessee to pay any taxes or assessments pursuant to this paragraph will constitute a material
default of thiis Lease.
6. MAINTENANCE
The Parties recognize, that the Leased Property is vacant land with, no structural improvements
thereon. Lessee shall, at its own, expense, maintain the Leased Premises in orderly, neat and safe,
condition. No trash, or debris should be stored or allowed, to remain on the property. Tools and
supplies shall be secured in storage units or removed from the Leased Premises daily. Vegetative
material (e.g. compost), additional dirt for distribution and other bulk supplies, shall be storedl to the
rear center of the property as indicated on Exhibit "A", shialll be kept in a neat and orderly fashion and
shall not create a visual blight air produce offensive odors. Power tools (e!.g. mowers, tillers), shall be
storedl at the rear of the property, secured in storage units or be removed from the property when not
in use. The community gardeni, shell be designed and maintained to prevent any chemical pesticides,
fertilizer or other garden waste from draining off of the property. Pesticides and fertilizers may only
be stored on the piiroperty in a locked storage unit and miuist comply with any applicable req:uiremients
for hazardous, materials. Lessee shall install and maintain a fence along the south boundary of the
Leased Property; such fencing shall be in accordance with applicable law.
7. HOURS OF OPERATIONS AND NOISE LIMITATIONS,
No gardening activities shall take place Ibefore sunrise or after sunset. Garden hours and Lessee's
contact information shall be conspicuously posted onI the property. The use of hand tools and
domestic glardening tools is encoluiraged; the use of small power equipmienit, such as gas-powered
tillers and edgers is allowed. Gas-plowered equipment which is greater than ten, horsepower is
prohiibited,
8- SALE OiF PRODUCE AND HORTICULTURAL PLANTS
Lessee covenants that the community garden is not intended to be a commercial enterprise;
however, there may be, occasions when surplus, is available_ The produce and horticultural plants,
grown shall not be solid whoiesale nor offered for sale on the Leased Premises except as provided for
in this paragraph. Surplus produce and plants, may be sold off the premises, provided such sale is in
accordance with ap,plicablle law, Surplius produce and plants may be solid on the Leased Premises,
during fundraising events upon the prior written approval from the CRA Executive Director, as
representative of the Lessor.
91, OBSERVANCE OF LAWS AND ORDINANCES
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities, and agencies and of insurance carriers which relate to its use or occupancy
of the Leased Premises,,
[GM15921 -04 /1.63000/1] 3
1 . ASlSIGNMENT LEASE
This Lease is not assignable; any attempt to assign this Lease shall nullify and volid thiis Lease
in total. Lessee shall Inot, without first obtaining the written, consent of Lessor, mortgage, pledge,
sublet or encumber this Lease, in whole or in part with the following exception: Lessee shall) not
sublet the Leased Premises in whole; however, Lessee may sublet portions of the premises to
provide for use of individual garden plots within h,in the community garden. Such sublbuaases shall be
subject to all provisions of this, Lease and shalll require a written waiver of liability ilm favor of Lessor,
which shall be provided) to Lessor in advance of occupancy or use of the Leased) Premises, This
covenant shalll 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 applly 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 i such lessee.
If the premises are sublet or occupied by anyone other than Lessee, subject to the exception
expressly provided for above, resulting in Lessee's dlefaulllt hereunder, or if this Lease is assigned l by
Lessee, (Lessor may collect rent from the assignee, subtenant, or occuparwt, and ap�p�ly the net amount
collected to the rent herein reserved. No such collection shall) be deemed a waiver of the covenant.
herein against assignment and subletting, or the acceptance of such assiglnee, subtenant, or
occupant as Lessee, or a release of Lessee from further performance of the covenants herein
contained..
11, ALTERATIONS AND IMPROVEMENTS
Lessee may not make any structural improvements:, however may make minor improvements
consistent with operation and m"anagerneimt of s community pity gl rdeni- Minor imiplro^vem,ents (herein,
"Immprolvememts") may include but may not be limited to garden boxes, irrigation facilities, water
spigots, fencing and lolckablle storage units. Any Improvements installed on the Leased) Property shall
be installed and maintained at Lessee's sole cost and expense. Allowable Improvements shall not
include permanent oir temporary 'bathroom facilities. Lessee's design plans shall be in accordance
with appliicable law and pre-approved by (Lessor including the location, of Improvements and proposed
glardem plots. More specifically, a proposed site plan will be provided to the CRA Executive Director
for reviewer and approval prior to the Lessee applying for a community garden permit through the
plroper departments of the City of Clearwater, as required''. At the expiration or termination of this
Lease, all Improvements shall be completely (removed and the premises shall be restored to an
equivalent condition as existed at the time of the execution of this agreement. 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 (1 5) days
after notice from Lessor, discharge any mechanic's liens for materiials or (labor clammed) to have been
furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee s,halNl, at
Lessee'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 filatures and the like. All
property remaining on the prerumlises after the last day of the terra of this Lease shall be conclusively
deemed abandoned l and may be removed by Lessor and Lessee shalll reimburse Lessor for the cost
of such removal.
12. RISK OF LOSS
All personal property placed or the premises shall be at the risk of the Lessee or owner
thereof. Lessee acknowledges that Lessor wiilll not insure Lessee's personal property or
Improvements on the Leased Property. The Lessor shall not be responsible oir li:able to the Lessee
for any loss or damage that may be occasioned by or through the acts or ornissions of persons
occupying adjoliniing premises, or any part of the premises adjacent to or connected with the premises
hereby leased for any loss or damage resulting to the Lessee or its property from burstinigi, stopped
up or leakingi water, gas, sewer or steam pipes.
11 . PARKING
Parking is not ailllowed on the Leased Property at any time- however, parking is available along
local streets where such parking is in accordance with applicable law.
14. RIGHT OF IENTRY
The Lessor, or any of its agients, shall have the right to enter said premises during all
reasonable hours,, to examine the same to miake such repairs, additions or alterations as may be
deemed necessary for the safety, comfort,, or preservation thereof. Should Lessee defauilt in any of its
maintenance responsibilities as heretofore provided, alll costs and charges shall be deemed additional
rent for which Lessor shalll invoice to Lessee for reimbursement shall" be paid withiln 15 days following
receipt. 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 or applicablle law.
15. TORING, PRE,MI Il GllN,AL ITION
Lessee ackniowlhedges and represents that the Leased) Property is vacant land and that Lessoir
has no obligation to improve the premises. Lessee's occupancy of the Leased Premises shall
constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they
are in at the Ibegininiingi of this, Lease and agrees to maintain said premises for activities authorized
herein, and to return the premises to, their original co,ndiltioln at the expiration of the term, excepting
only reasonable wear and tear arisiingi from the use thereof under this agreement.
16,. INSURANCE
The Lessee shall, at its own cost and expense, acquire and maintain (and cause any
subcontractors, representatives or agents to acquire and maintain) during the term with the CRA/City,
sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be
obtained with a carrier having an AM!, Best Rating of A-VII or better. In additiion, the GRA/Gity has the
right to review Lessee's deductible or sellf-insured retention, and to require that it be redluced or
eliminated.
Specifically, the Lessee must _OarN the following minimum Woes and arm of insurance on
an occurrence basis or in the case of coverage that cannot Ibe obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis, with a min,imum three (3) year tail following the
termination or expiration of this, Agreement.,
a. Commerclal Gever Liability Insurance coverage, inclluding but not limited to, premises
operations, products/completed operations, products liability, contractual liability,
[CM1-5-9216-042/163000/11 5
sdvelrtisin�g inilury, personnel injury, death, and property derni�eg,e in the rnunirn urn erno�unit of
1,000,0001 (one million dolllers) per occurrence and 2,010,01,0010, (two million dollars)
general aggregate.
b. Unless waived by the State of Florida, statutory Workers' Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Emplo e�r's Liability
Insurance in the minimum amount of $100,000 (one hundred)) thousand) dolllars) each
employee each accident, $100°,000 (one hundred) thousand dollars) each employee by
disease and $500,000 (five hundred l thousand) dollars) aggregate by disease with benefits
afforded under the leas of the State of Florida. Coverage should include "voluntary
Compensation, Tones Act, and U.S. Longshoremen's and Harbor Wo! rker's Act coverage
where applicable. Coverage rnuist be applicable to employees, contractors, subcontractors,
if any.
c. If the Lessee is using its own, property or the property of City in co�nniection with the
performance of its obligations under this Lessee, then Property Ilnsuurance can an "All
Disks" basis with replacement cost coverage for property and equipment in the care,
custody and control of Bathers its recommended. Lessee understands the City is not
responsible for host or damaged property and equipment.
The above iinsurance limits may be achieved by a combination of primary and umbrella/excess,
liabiility policies,
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy's renewal date(s) for as long as this Luse remains in effect, the
Lessee will furnish the RA/ ity with a Certificate of insurance(s) (using approlpiriate
CORD certifiicate, �IG,NED by the Issuer„ and with applicable endorsements) evidencing,
all of the coverage set forth above and naming the CRA/ it as an "Additional Insured." In
addition when requested in writing from the RA/ ity, Lessee will provide the pity
with certified copies of all applii cable policies. The address where such certificates and
certified policies shell be sent or delivered is as follows:
CRAICity of Clearwater
ttn: Purchasing Department
P.O. o 474
Clearwater, FIL 33751 � 48
b. Lessee shell provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c.. Lessee's insurance as outlined) above shall be primary ands non-contributory coverage for
Lessee's negligence.
d. Lessee reserves the right to appoint legal counsel to provide for the Lessee's defuse,
for any and alll claiirns that may arise related to Agreement, work performed ulnder this
Leese, oir to Lessee's desigln, equipment, or service. Lessee agrees that the RA/City
shall not be liable to reimburse Lessee for any legal fees or costs as a result of Lessee
providing its defense as contemplated herein.
l`he stiff a is d li i of covers a ve shall not a construed s a lirni tlon of n
potential liabili to the i C an failure b the C _ Ci to re nest evidence of this
insurance shell) not be construed as a waiver of Lessee's obliciation to irovii a the
insurance covra e s eclifled.
17, Radon Gas Notification, as required by Flo,rii da Statute, 4�O4.056(5') is to be inserted
in all contracts for sale, purchase or rental of real property.
Radon Gas: Radon is a naturally occurring radioactive gas, that, when it has accumulated in a
buildings in sufficient quantities,, may present health risks to persons who are exposed to it over tilme.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional Information regarding radon, and radon testing may be obtained from your county health,
u nit.
18. DESTRUICTION OF PREMISES
In the event that Improvements to the Leased Property made by Lessee should be partially or
totally destroyed by fire, earthquake, hurricane or other natural cause, the Lessor shall have no
obligation whatsoever to repair or rebuild the (Premises. Lessee may either terminate the Lease or
undertake to rebuild or repair the Improvements at Lessee's expense, in Lessee's sole discretion.
Lessee may terminate the Lease from the date of occurrence of such event througih the remainder of
the term. AH provisions of this Lease expressly intended to survive such termination shall survive
termination.
19. EMINENT' DOMAIN
If the whole or any part of the premises, hereby leased shall be taken by any public authority
under power of erninent domain,, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additionali rent shall be paid up to that
day, and if such, portion of the Leased Premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises, were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount 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
paymient in lieui thereof.
20. SUBORDINATION
This Lease and the rights of the Lessee hereunder are hereby made subject aindl subardinate,
to all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
not cover the equipment and furniture or furinishingis on the premises owned by the Lessee. The
Lessee further agrees to execuite any instrument of subordination which migiht be required by
mortgagee of the Lessor.
211, DEFAULT; REMEDIES; TERMINATION BY LESSOR
(a) Lessee further covenants that if the Lessee, shall violate or default upon any of the
covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into, this
Lease,, and shall fail to correct such violation or default within fifteen (15), days after a written request
by the I es,sor to do so, then the Lessor may, at its option, deem this Lease terminated, and Lessee
shall become a, tenant at sufferance, and the Lessor shall be entitled to obtain possession of the
premises as provided by law. However, if the default of a covenant is non-monetary and: the Lessee
[CM15-9216-042/1.63000/11
has commenced a diligent effo rt to cu ire the defa u It, with ii n the fiftee in (I 5�) di ay cure period, then the
cure period) shall be e'xtended until a cure is made or Lessee discontinues an effort at curing the
dlefault,
(b) In case the Leased Premises shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as pro idled by Florida Statutes to the Lessee, Lessor may (ii)
re-enter the premises as, the agent of the Lessee, either by force or otherwise, withioluit being Iii,able, to
any prosecution or claim therefore, and may relet the Leased Property as the agent of the Lessee
and receive the rent therefore and apply the same to the payment of such expenses, as Lessor may
have incurred in connection wiith, the recovery of possession, reduction, refurbishing or otherwise
changing or preparing for irelettingi, including brokerage and reasonable attorneys fees. Thereafter, it
shall be applied: to the payment of damages in amounts equal to the rent hereunder and to the cost
and expenses, of performance of the other covenants of Lessee as, p'rovided hereiin; or (H) the Lessor
may, at its option,, terminate this Lease by giving the Lessee fifteen (115) days, written notice of such
intention served upon i the Lessee or lieft upon the Leased Property, and the term hereof shall
absolutely expire and terminate immecllately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between, 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), Lessor, at its option, may terminate this Lease as for a default upon the occurrence of any
or all of the folilowing events, an assignment by Lessee for the benefit of creditors; o�r the filing of a
voluntary or involuntary petition, by or against Lessee, under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dliissodluition, or arrangement, on account of or to prevent
bankruptcy or insolvenicy; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoingi events shall constitute a material default by Lessee and breach,
of this Lease.
(d) Lessor, at its option, may terminate this I ease in, the event the CRA Board determines at a
duly constituted CRA Board mieefing that the Leased Premises are needed for other municipal
purposes and serves Lessee with six (6) months notice, of suchii intended use. Such municipal use
shall include, bust is not limited for development of the Leased Property.
(e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law.
22. TERMINATI LESSEE
Lessee may terminate this Lease anytime during the Initial Term or Extended Term of this
Lease upon thirty (30) days written notice to Lessor.
23. MOS GELD NEOUS
(a) Lessor shall have the unrestricted right of assigning this Lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all Iiiabilifies, hereunder.
(bi), This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee-
[c�m15-9216—OeI2/163000/1]
(c) It is understood ands agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(di) It is understood: ands agreed between the parties hereto that written notice sent by certified
or registered miaiil, overnight/express, carrier with signature required, hand deliveredl, or by email to
the office of the Lessee, shalll constitute sufficient inotice to the Lessee, and written notice sent by
certified or registered mail, olvernight/express carrier with signature required, hand delivered or by
email to, the office 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 curniulative, and failure on the part of
the Lessor to exercise promptly any rights, given hereunder shialll not operate to forfeit any of the said
rights,. No failure to exercise, delay in exercising, or single or partial exercise, of any right, power or
remedy by either (party shall constitute, a waiver of, or shall preclude any other or further exercise oaf,
the same or any other right, power or remedy.
(f) It is hereby understood and agreed that Lessee's use of signs in connection with the
premises hereunder shall be subject to the prior approval of Lessor and shall be in accordance with
regulations and ordinances of the City of Clearwater, or other applicable llaw.
(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.
24. ESTOPPEL LETTER.
In the event Lessor shall( obtain a loan from an institutional lender, and if the following shall 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.
25, INDEMNIFICATION.
The Lessee shall iniderninify the Lessor against alll liabilities, expenises, and losses incurred by
the Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to, perform any provision, term,
covenant or agreement required to, be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property clarnage which shall happens in or about the Leased
Property or appurtenances resulting from the condition, maintenance, construction on or of the
occupancy, use and operation of the Leased Property by Lessee; (c) failure to comply with any
requirements of any governmental authority or insurance company insuring the Leased Property or its
contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien
connected with Lessee, its obligations or operations, filed against the Leased Property, fixtures,
equipment or personalty therein; and (e) any construction, work, alterations or improvements by
Lessee on the Leased Property, This provision shall survive expiratioln or termination of this Lease.
Such indemnification shall include reasonable attorney's fees for all proceedings,, trials and appeals
and shall survive termination of this Lease.
26. "AS IS" CONDITION.
[GM15 9216 042/1630100/11 9
Lessee accepts the Leased Premises on an "as is" basis and Lessor shall have no obligation
to improve or remodel the Leased Premises,.
27. CONSTRUCTIVE EVICTION'.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shafl have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonablle time after receipt of such
notice to remedy such, conditions.
28. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the Leased Premises at its
expense.
29. SEVERANCE.,
The invalidity or uneinforceability of any portion of this Lease shall in nowise affect the
rernaining: provisions and portions hereof.
301. CAPTIONS.
The paragraph captions used througlhout this Lease are foir the purpose of reference only and
are not to, be considered in the construction of this Lease or in the interpretation of the rights or
obligations of the (parties hereto.
31, NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agirees that no hazardous materials, hazardous waste, or
other hazardous, substances will) Ibe used, handled, stored or o,the i,se placed upon the property.
32, CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the Illfe of this
Contract.
3 3. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
partiies agree that each party shall bear its own attorney fees and costs.
34. GOVERNING LAW.
The laws, of the State of Florida shall govern this Contract, any action brouiglht by either party
shall llie in Pinellas County, Florida.
The Remainder of This Page Intentionally Left Blank
[G?1115 '9216 042/163000/1 1 10
ON WITNESS HER F„ the, parties. hierete have executed this Contract as, of the date set
forth above.
AS TO LESSEE:
CLEARWATER GARDEN U
Attest-
7
� f
` k
m. y:: ✓ / �.m m ��r �....,° ��
r �' r
P''rirnt Name Print Memel itlle
Print I Name
AS TO LESSOR:
COMMUNITY REDEVELOPMENT AGEN�CY
OF THE CITY OF CLEARWATER, FLORIDA
- e i
George N. Cretekos, Chairperson
>,tsx4Mawrxrorp
Approved as to terra: Attest:
Lauit Upe ki leho n ;J Ro emarie Cell, iit peg � Na `
Assistant City Attorney
[C",M15—'fi2 1,6-042/163000/11 1.Y.
U�➢D ��Aa EF
oil
w
Iu
"/9glll /
Ag
f �
/ 1 uuumm, i r i
/
Ilia
UIIIIIIIIIIIV ,,I � l
�I
I
j r
CM
r 1
VI iav„ l l I j
I rrfl
LLJ
uww� f
i
�/ I � 4i (Iluuuuuul �ouuu�puuuuuuum����VVVV I �,)� /
° i/
i
i NYC L U
ra
SAMp�ul uu
��KC'��
Il b 1
kr. ..�... r G ,. ®.,,. .. ,�1—---- �