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LEASE AGREEMENT (4)LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease ") dated as of ,�1 2016 (the "Effective Date "), is by and between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation ( "Landlord "), and CLEARWATER BEACH SEAFOOD, INC., a Florida corporation ( "Tenant "). Landlord and Tenant agree as follows: ARTICLE I PREMISES 1.1 Premises. Subject to the terms and provisions of this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the real property described on the attached Exhibit A (the "Land ") and located at 37 Causeway Boulevard, Clearwater, Florida 33767, including, without limitation, the existing restaurant building currently located on the Land (the "Existing Building "), and all other buildings, structures, and other improvements located on the Land (with the Existing Building, collectively, the "Improvements "). The Land and the Improvements are, collectively, the "Premises ". Tenant accepts the Premises in their "AS IS, WHERE IS" condition as of the Effective Date. ARTICLE II TERM 2.1 Lease Term. Tenant shall have leasehold rights to demolish the Existing Building on the Premises and build the Building (as defined in Section 3.1 below), pursuant to this Lease, as of the Effective Date. The term of this Lease (the "Term ") shall be for a period of 30 years, commencing on the Substantial Completion Date (as defined in Section 3.4 below), and expiring on the day immediately preceding the 30`h anniversary of the Substantial Completion Date (the "Expiration Date "), unless sooner terminated pursuant to the terms of this Lease. If Substantial Completion of Tenant Work has occurred, and the Landlord terminates this Lease due to municipal need pursuant to Section 14.6 below, then Landlord agrees to pay Tenant an amount equal to the then - unamortized Total Project Costs (as defined in Section 3.6 below), not exceeding the amount detailed in Section 14.6; however, if Tenant terminates this Lease or termination occurs due to Tenant default, then Landlord agrees to pay Tenant an amount equal to the then - unamortized portion (as of the date of termination) of $2,550,000.00. Such amounts are to be determined by amortizing on a straight line basis beginning on the Rent Commencement Date and ending on the originally contemplated Expiration Date. 2.2 License Agreement. Concurrently with the execution and delivery of this Lease, Landlord, as licensor, and Tenant, as licensee, are entering into a license agreement (the "License Agreement "), where Landlord is licensing to Tenant a parcel of land adjacent to the Premises for use as an outdoor seating area (the "Outdoor Seating Area ") for Tenant's restaurant located on the Premises. Tenant, as licensee under the License Agreement, understands that a termination of the License Agreement in accordance with its terms shall not constitute a termination of this Lease. ARTICLE III CONSTRUCTION OF NEW RESTAURANT BUILDING 3.1 Construction of New Restaurant Building. Tenant shall, at its expense, demolish the Existing Building and design and construct on the Land a new restaurant building (the "Building "), subject to the terms and conditions of this Article III (the "Tenant Work "). It is mutually understood that Tenant Work does not include Tenant's equipment, fixtures, or other personal property placed on the Premises. Tenant anticipates that Substantial Completion (as defined below) of the Tenant Work will occur on or about February 1, 2017. Tenant shall use all commercially diligent efforts, as quickly as reasonably practicable, to obtain all permits and approvals necessary to construct the Tenant Work and to achieve Substantial Completion of the Tenant Work. 3.2 Plans and Approvals. Tenant shall provide plans and specifications for the Tenant Work to Landlord for Landlord's prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Such plans and specifications shall include, without limitation, any site plans, floor plans, and elevations (including, without limitation, exterior shades, awnings, window coverings, lights, and canopies) prepared for the Tenant Work. The plans and specifications approved by Landlord and Tenant, and any construction or permit drawings prepared by Tenant's architect based on such approved plans and specifications, are, collectively, the "Final Plans." 3.3 Requirements. All Tenant Work shall be completed in compliance with all applicable Legal Requirements (as defined in Section 6.4 below), and in a good and workmanlike manner, by licensed contractors with appropriate building permits. Tenant agrees that the general contractor performing the Tenant Work shall maintain (a) Builder's Risk insurance on the Building, on a replacement cost basis, naming Landlord as a loss payee, (b) Commercial General Liability insurance, naming Landlord as an additional insured, of at least $1,000,000.00 per occurrence and $2,000,000.00, general aggregate, and (c) performance and payment bonds for the Tenant Work and completion of the Building, in the form and amounts required by Section 255.05, Florida Statutes. 3.4 Substantial Completion. The term "Substantial Completion" means substantial completion of the Tenant Work in accordance with the Final Plans, as evidenced by Tenant's receipt of all approvals necessary for Tenant to occupy and operate its restaurant in the Building, including, without limitation, a certificate of occupancy for the Building. The date on which Substantial Completion occurs is the "Substantial Completion Date." 3.5 Escrow of Construction Funds. Tenant has placed in escrow with IBERIABANK the amount of $1,800,000.00 (the "Escrow Funds "), which Escrow Funds will be used by Tenant, from time to time, to pay the costs incurred by Tenant in connection with the Tenant Work. With each draw of Escrow Funds by Tenant, Tenant shall provide to Landlord reasonable supporting documentation with respect to such draw, including copies of invoices and lien waivers and releases. Once Substantial Completion of the Building has occurred, any remaining unused escrow funds shall be promptly released to Tenant and may be used by Tenant for any purpose. [GM15- 1371- 016/183123/1] 2 3.6 Total Project Costs. The term "Total Project Costs" means the sum of all costs and expenses paid or incurred by Tenant for the design, engineering, permitting, construction, and installation of the Tenant Work. The term "Project Cost Amortization Amount" means an amount equal to (a) the lesser of (i) the Total Project Costs, and (ii) $2,550,000.00, divided by (b) the number of full calendar months remaining in the Term as of the Rent Commencement Date. 3.7 Confirmation of Dates and Amounts Within 30 days after the Substantial Completion Date, Landlord and Tenant shall execute a written instrument prepared by Tenant and memorializing (a) the Substantial Completion Date; (b) the Rent Commencement Date; (c) the Total Project Costs and Project Cost Amortization Amount; (d) the Base Rent amounts payable by Tenant throughout the Term (calculated in accordance with Exhibit B); and (e) the total amount of air conditioned square footage of the Building (the "Building Square Footage "). ARTICLE IV RENT 4.1 Base Rent. Commencing on the earlier of (a) the Substantial Completion Date, and (b) May 1, 2017 (the "Rent Commencement Date "),Tenant shall pay to Landlord annual base rent in the amounts set forth in Exhibit B (as more particularly defined in Exhibit B, the "Base Rent "). The Base Rent shall be paid monthly, in 12 equal monthly installments, on or before the first day of such calendar month. The Base Rent and any other amounts owed by Tenant to Landlord under this Lease are, collectively, the "Rent ". Tenant shall pay make all Rent payments to Landlord at the address listed in Section 18.7, or to such other address as Landlord may from time to time designate by written notice to Tenant. Tenant's Base Rent shall be appropriately prorated for any partial month during which the Rent Commencement Date or the expiration or termination date of this Lease occurs. 4.2 Percentage Rent. (a) Commencing on the Rent Commencement Date and for each subsequent Sales Period (as defined below) during the Term, Tenant shall pay to Landlord, in addition to Base Rent, "Percentage Rent" in an amount equal to (i) two percent (2 %) of Food Sales (as defined below) for such Sales Period (as defined below) in excess of the Food Sales Breakpoint (as defined below), and (ii) nine percent (9 %) of Alcohol Sales (as defined below) for such Sales Period in excess of the Alcohol Sales Breakpoint (as defined below). (b) For each Sales Period during the Term, the "Food Sales Breakpoint" means $307,692.31, and the term "Alcohol Sales Breakpoint" means $9,230.77. On the first day of the second Rental Year and each subsequent Rental Year, the Food Sales Breakpoint (but not the Alcohol Sales Breakpoint) shall increase by two percent (2 %), which annual increases shall be on a cumulative, compounding basis. The Food Sales Breakpoint and the Alcohol Sales Breakpoint shall also be proportionately adjusted for any partial Sales Period during which Percentage Rent is payable (i.e., the partial Sales Period [GM15 -1371- 016/183123/1 ] 3 during which the Rent Commencement Date occurs and the partial Sales Period during which this Lease expires or is earlier terminated). (c) The term "Gross Sales" means all revenue generated from food and beverages sold in or from the Premises and Outdoor Seating Area by Tenant; provided, however, the following shall be excluded from Gross Sales: (i) refunds to customers on transactions otherwise included in Gross Sales; (ii) sales from vending machines used primarily for employee purposes; (iii) all sums representing sales taxes collected from customers and paid over to the applicable taxing authority; (iv) the transfer of food or beverages from the Premises to another store or a place of business owned or operated by Tenant or one of its affiliates; (v) donations of food or beverages to non -profit charitable and religious institutions; (vi) returns to shippers or manufacturers. The term "Food Sales" means Gross Sales attributable to the sale of food, and the term "Alcohol Sales" means Gross Sales attributable to the sale of beer, wine, and liquor. "Sales Period" means each successive four (4) week period during the Term, commencing on the Rent Commencement Date. (d) Percentage Rent shall be paid by Tenant within 30 days after the end of each Sales Period. Each payment of Percentage Rent shall be accompanied by a statement setting forth Gross Sales made during such Sales Period and signed and certified as correct by an officer of Tenant. Upon written request from Landlord given with 15 days after receipt of Tenant's annual Gross Sales statement for a Sales Period, Tenant shall provide Landlord with reasonable back -up documentation regarding Tenant's calculation of Gross Sales for such Sales Period. 4.3 Tax on Rents. Tenant shall be responsible for and shall pay to Landlord all federal, state, or local sales and use taxes (or taxes or assessments in lieu thereof) payable with respect to the Rent and all other sums payable under this Lease by Tenant. 4.4 Late Charge. Tenant shall pay a late charge of five percent (5 %) of the total amount overdue if any installment of Rent or any other amount due from Tenant to Landlord is received by Landlord more than five business days after the applicable due date. This charge is for extra expenses incurred by Landlord and shall not be considered interest or penalty. ARTICLE V ALTERATIONS AND TENANT EQUIPMENT 5.1 Alterations. During the Term, Tenant shall have the right, at its expense, to make alterations, additions, and improvements to the interior and exterior of the Building ( "Alterations "); provided, however, any Alterations that would require a building permit shall require the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. 5.2 Ownership of Improvements. During the Term, Tenant shall be considered for all purposes to be the owner of the Building and any other Alterations and Improvements made by or on behalf of Tenant following the Effective Date, and Tenant [GM15 -1371- 016/183123/1] 4 alone shall be entitled to take tax deductions on its federal and state income tax returns for the depreciation and other expenses related to such improvements. Upon expiration or earlier termination of this Lease, the ownership of such improvements made by or on behalf of Tenant shall belong to Landlord, except as expressly provided otherwise in this Lease. 5.3 Tenant Equipment. All trade fixtures, equipment, and other property placed on the Premises by Tenant and any alterations or replacements thereof, including, but not limited to, all bars, booths, decorative light fixtures, stoves, ovens and other restaurant equipment (collectively, the "Tenant Equipment "), shall remain the property of Tenant at all times. Tenant may at any time (and, upon the expiration or earlier termination of the Lease, shall) remove any Tenant Equipment from the Premises. 5.4 Liens. Neither Landlord nor Tenant shall cause or permit to be recorded, filed, claimed, or asserted against the Premises any mechanic's lien for supplies, machinery, tools, equipment, labor, or material contracted for by, through, or under such party and furnished or used in connection with any construction, development, alteration, improvement, addition to, repair to, or maintenance of any Improvements, and if Landlord or Tenant causes or permits any such lien to be so recorded, filed, claimed, or asserted, the responsible party shall cause the same to be released or discharged within 30 days thereafter. If either party breaches the foregoing covenant, the other party may cause any such claimed lien to be released of record by bonding or payment or any other means available. The defaulting party shall pay to the non - defaulting party on demand all sums paid and costs, including reasonable attorneys' fees, incurred by the non - defaulting party in connection therewith. NOTHING IN THIS LEASE SHALL BE DEEMED TO BE, OR CONSTRUED AS CONSTITUTING, THE CONSENT OR REQUEST OF LANDLORD, EXPRESSED OR IMPLIED, BY INFERENCE OR OTHERWISE, TO ANY PERSON, FIRM, OR CORPORATION FOR THE PERFORMANCE OF ANY LABOR OR THE FURNISHING OF ANY MATERIALS FOR ANY CONSTRUCTION, REBUILDING, ALTERATION, OR REPAIR OF OR TO THE PREMISES OR ANY PART THEREOF, NOR AS GIVING TENANT ANY RIGHT, POWER, OR AUTHORITY TO CONTRACT FOR OR PERMIT THE RENDERING OF ANY SERVICES OR THE FURNISHING OF ANY MATERIALS THAT MIGHT IN ANY WAY GIVE RISE TO THE RIGHT TO FILE ANY LIEN AGAINST THE BUILDING OR LANDLORD'S INTEREST IN THE PREMISES. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK AT THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC'S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES, OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE BUILDING, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES ANY NOTICES WHICH LANDLORD SHALL BE REQUIRED [GM15 -1371- 016/183123/1] 5 SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE 713.10. ARTICLE VI USE & OPERATIONS; COMPLIANCE WITH LAWS 6.1 Use. Tenant shall use the Premises for the operation of a full service restaurant and bar, including liquor, beer, and wine sales for on- premises consumption, initially under the trade name "Crabby Bill's ", including the incidental sale of Tenant's branded clothing and merchandise, or for such other restaurant use that complies with all Legal Requirements (the "Permitted Use "), and for no other use without Landlord's prior written consent. 6.2 Continuous Operations. During the Term, and except during Excused Periods, Tenant shall continuously operate and conduct business at the Premises for the Permitted Use. The term "Excused Periods" means periods of time during which Tenant's failure or refusal to conduct the operations of its business (a) results from alterations, renovations, or repairs being performed in and to the Premises for a continuous period not in excess of an aggregate of fifteen 15 days (or such longer period that is approved by Landlord in writing and in advance) in any consecutive 12 month period; (b) is caused by Force Majeure, damage or destruction, or eminent domain proceedings or actions; (c) is caused by any act or omission of Landlord; or (d) is during the following holidays: Easter Sunday, Thanksgiving Day, or Christmas Day. 6.3 Tenant's Conduct. Tenant shall operate its business in an efficient, high class, and reputable manner. Tenant shall keep the Premises neat, clean, sanitary, and reasonably free from dirt, rubbish, insects, and pests at all times. Tenant shall not (a) use or maintain the Premises in such a manner as to constitute an actionable nuisance to Landlord or any third party, or (b) commit or permit waste of the Premises. 6.4 Compliance with Laws. Tenant shall, at its expense, (a) obtain any and all occupational licenses, beverage licenses, and other permits and approvals required for the operation of Tenant's business at the Premises, and (b) comply with all laws, codes, regulations, orders, and ordinances, including, without limitation, the City of Clearwater Code of Ordinances and the regulations and orders of the Florida Department of Business and Professional Regulation, applicable to Tenant's use and occupancy of the Premises (collectively, "Legal Requirements "). ARTICLE VII SIGNS 7.1 Signs. Tenant shall, at its expense, have the right to install signs related to Tenant's business in or on the Premises. Any signs installed by Tenant shall comply with all Legal Requirements. Tenant shall, at its expense, maintain its signs in good condition [GM15- 1371 - 016/183123/1] 6 and repair. Upon the expiration or earlier termination of the Lease, Tenant shall remove any signs installed by Tenant in or on the Premises. ARTICLE VIII UTILITIES 8.1 Utilities. During the Term, Tenant shall contract in its own name, and pay directly to the applicable public utility, for all water, sewer, electricity, gas, telephone, communication, stormwater, solid waste collection, and other utility charges and fees related to the Premises. ARTICLE IX MAINTENANCE AND REPAIR 9.1 Maintenance and Repair. During the Term, Tenant shall, at its expense, maintain the entire Premises in good order, condition, and repair (including necessary replacements), subject to reasonable wear and tear. Without limiting the foregoing, Tenant shall keep all restroom facilities clean and sanitary, and no coin - operated toilets or other coin - operated devices will be allowed in the restroom facilities without prior written approval of Landlord. 9.2 On -Going Capital Improvements or Repairs. (a) Tenant shall maintain the Premises in a first class operating condition according to acceptable industry standards and applicable codes. Landlord has the right to inspect the Premises at any time upon reasonable prior notice to Tenant, and Landlord will provide written notice to Tenant of any improvements or repairs that Landlord believes are necessary to comply with the aforementioned standards. If Tenant contests the necessity of an improvement or repair requested by Landlord, and at any other time at the request of either party (but not more frequently than once in any 12 month period), Landlord and Tenant shall meet in good faith to discuss the need for any improvements or repairs necessary to comply with the aforementioned standards and to resolve any disputes relating thereto. If Landlord and Tenant cannot resolve any such dispute within 10 business days, the dispute shall be submitted to binding arbitration conducted in accordance with Section 9.2(c) below. (b) If any improvement or repair described in Section 9.2(a) has not commenced within 30 days after Tenant's receipt of written notice from Landlord (or, if later, the date on which the need for such improvement or repair has been conclusively determined pursuant to this Section 9.2), Landlord has the right to self - perform the improvement or repair. If it becomes necessary for Landlord to self - perform any such improvement or repair, Landlord will prepare a cost estimate of the work to be performed, and Tenant will reimburse Landlord for the costs of such improvement or repair, as additional Rent, in the following applicable monthly period after the improvements and repairs are completed and an invoice is presented. (c) Any dispute that is to be resolved by binding arbitration as set forth in Section 9.2(a) above shall be submitted to an independent, unaffiliated arbitrator to be [GM15 -1371- 016/183123/1] 7 chosen and to conduct the determination pursuant to the Commercial Rules of the American Arbitration Association; provided, (i) the arbitrator shall have at least 15 years' experience in the supervision of the operation and management of restaurant and retail buildings in the Tampa Bay, Florida area, (ii) the arbitrator may require the parties to present such evidence as the arbitrator, in his or her sole discretion, determines is necessary, including requiring the parties to engage one or more third party consultants with experience relative to the specific field that is the subject of the dispute (e.g., architect, engineer, general contractor or roofing, paving, elevator or HVAC contractor), (iii) each party in any arbitration shall equally share the costs of such arbitrator and bear its own third party consultants' costs for consultants required by the arbitrator, and (iv) the determination of the arbitrator shall be final and binding upon the parties, and judgment may be rendered on it by any court having jurisdiction, upon application of either Landlord or Tenant. ARTICLE X TAXES AND FEES 10.1 Payment of Taxes and other Fees. During the Term, Tenant shall pay, as and when due, all real property taxes, general and special assessments, and other charges and fees levied on or assessed against the Premises (collectively, the "Taxes "); provided, however, in no event shall Tenant be required to pay any franchise, income, inheritance, estate, succession, transfer, or gift taxes imposed upon Landlord or its successors or assigns. Tenant shall pay all Taxes directly to the applicable taxing authority and shall, upon written request, provide Landlord with evidence of the payment of such Taxes. 10.2 Proration at Commencement and End of Term. If the Rent Commencement Date or end of the Term does not coincide with the commencement or end of a tax year, Taxes for the tax year in which this Lease commences and /or ends shall be prorated between Landlord and Tenant, based on the most recent assessment. Such proration shall be subsequently adjusted when the actual bills for Taxes become available. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. 10.3 Right to Protest Taxes. Tenant shall have the right to protest any Taxes assessed against the Premises, including, without limitation, the right to protest the valuation of the Premises as assessed for tax purposes. Landlord appoints Tenant as Landlord's agent and attorney -in -fact for such purpose, and Landlord agrees that Tenant shall have the power to take any and all actions, execute and deliver in Landlord's name, any and all notices and /or other documents as may be necessary in Tenant's discretion to protest any Taxes (including, without limitation, any notices of protest and /or court pleadings), and appear in any court or at any appraisal hearings in connection with such protest. Such power of attorney is expressly made irrevocable and coupled with an interest. This appointment shall not impose any duty on Tenant and is expressly made solely to allow Tenant, in its sole discretion and at its option, to protest the Taxes assessed against the Premises. Landlord further agrees to fully cooperate in all reasonable respects with Tenant in connection with any such tax protest by Tenant. [GM15- 1371 - 016/183123/1] 8 ARTICLE XI INSURANCE 11.1 Maintenance of Policies. From and after the Effective Date of this Lease, and during the Term, Tenant shall procure and maintain the following insurance on or in connection with the Premises: (a) Insurance against all physical loss or damage to the Premises and Improvements (including windstorm and flood coverage), with replacement cost coverage and agreed amount endorsements. To the extent Tenant has any restoration or repair obligations with respect to the Premises and the Improvements, the proceeds from any property insurance shall be made available to Tenant for the purpose of such repair or restoration. (b) Commercial general liability insurance coverage for, including but not limited to, premises operations, products /completed operations, products liability, contractual liability, advertising injury, personal injury, bodily injury, death and /or property damage occurring on, in, or as a result of the use of the Premises and Improvements in an amount not less than $1,000,000.00, per occurrence and $2,000,000.00 general aggregate. (c) If any motor vehicles are used by Tenant in connection with its business operation from the Premises, Comprehensive Automobile Liability insurance coverage with limits of not less than $1,000,000.00 combined single limit, against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant and its agents and employees in connection with this Lease, of any owned, non - owned, hired or borrowed motor vehicles. (d) Workers' Compensation in statutory required amounts in accordance with the laws of the state in which the Premises are located, and Employers' Liability Insurance in an amount of not less than $100,000.00 each employee, each accident, $100,000.00 each employee by disease, and $500,000.00 aggregate by accident and /or disease with benefits afforded under the laws of the State of Florida. (e) During any periods that Tenant sells or serves alcoholic beverages at the Premises, liquor liability insurance in an amount not less than $1,000,000.00 per occurrence, insuring against loss, cost, or expense by reason of bodily injury or property damage for which Landlord and /or Tenant may be held liable by or because of the violation of any statute, ordinance, or regulation pertaining to the sale, gift, distribution, or use of any alcoholic beverage, by reason of the sale, serving, or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or that causes or contributes to the intoxication of any person, or as a person or organization engaged in the business of manufacturing, distributing, selling, or serving alcoholic beverages, or as an owner or lessor of the premises used for such purposes. 11.2 Insurance Providers. The insurance required by Section 11.1 above shall be written by insurance companies authorized to conduct insurance business in the state [GM15 -1371- 016/183123/1] 9 where the Premises are located. Any liability insurance policy shall name Landlord and Landlord's mortgagee, if any, as additional insureds, and any property insurance policy covering the Premises shall name Landlord and Landlord's mortgagee, if any, as loss payees, as their interests may appear. Any insurance required of Tenant may be effected by a policy or policies of blanket, excess, and /or umbrella insurance. 11.3 Premiums. Tenant shall (a) pay all premiums for the insurance required by Section 11.1 above as and when due, (b) timely renew or replace each policy, and (c) deliver to Landlord certificates evidencing such coverage. 11.4 Waiver of Subrogation. Each party releases the other party, and waives its entire right of recovery against the other party, for all direct, consequential, or other loss or damage arising out of or related to any damage to the releasing and waiving party's property that is covered by property insurance carried by the releasing and waiving party, whether or not such loss or damage was caused by the negligence of the other party or its agents, employees, contractors and /or invitees. ARTICLE XII INDEMNIFICATION 12.1 Indemnification. Except to the extent caused by the negligence, recklessness, or willful misconduct of Landlord, Tenant shall indemnify, hold harmless, and defend Landlord from and against any and all suits, claims, actions, damages, liability, and expense (including reasonable attorneys' fees) (collectively, "Claims ") in connection with loss of life, personal injury, or damage to property arising from or out of (a) Tenant's use or occupancy of the Premises, (b) any injury or damage to any person or property occurring in or at the Premises, or (c) any negligence, recklessness, or willful misconduct of Tenant or any of its agents or employees. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability Landlord is entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. ARTICLE XIII DAMAGE OR DESTRUCTION 13.1 Casualty Damage. (a) Subject to Section 13.1(b) and 13.2 below, if the Improvements should be damaged or destroyed by fire, windstorm, or other casualty (a "Casualty "), Tenant shall proceed with reasonable diligence to rebuild or repair the Improvements on the Premises to substantially the condition in which they existed prior to such Casualty. If the Improvements are to be rebuilt or repaired in whole or in part following such damage, the rent payable hereunder shall be adjusted equitably in proportion to the area damaged. Tenant's obligation to rebuild and repair under this Article XIII shall in any event be limited to restoring the Premises to substantially the same condition as existed immediately prior to the Casualty. Tenant's obligations hereunder shall further be limited to the extent of the insurance proceeds available for such restoration and repairs, and [GM15 -1371- 016/183123/1] 10 Tenant shall not be required to expend any of its own funds to rebuild and /or repair the Improvements. (b) Tenant shall have the right, at its option, to terminate this Lease in the event of a Casualty that (i) is reasonably anticipated to prevent Tenant from conducting its business in the Premises for 180 days or more, or (ii) occurs during the last 24 months of the Term. Tenant shall give Landlord written notice of its intent to terminate this Lease within 60 days after the date of the Casualty. If the Lease is terminated by Tenant pursuant to this paragraph, the Rent shall be abated for the unexpired portion of this Lease effective from the date of the Casualty, and Tenant shall not be obligated to rebuild or restore the Improvements. 13.2 Insurance Proceeds. All insurance proceeds attributable to the Improvements and paid as a result of any Casualty shall be paid to Tenant for the purpose of rebuilding or repairing the Improvements, unless Tenant terminates this Lease pursuant to this Article XIII, in which event (a) all insurance proceeds paid as a result of any Casualty damage to the Improvements owned by Landlord shall be paid to and be the property of Landlord, and (b) all insurance proceeds paid as a result of any Casualty damage to the Tenant Equipment or any Improvements owned by Tenant shall be paid to and be the property of Tenant. Landlord and Tenant shall jointly adjust, collect and compromise all claims under any casualty insurance policy required by this Lease and execute and deliver all necessary proofs of loss, receipts, vouchers, and releases required by any insurers. ARTICLE XIV CONDEMNATION 14.1 Notice. If either Landlord or Tenant learns that any portion of the Premises has been or is proposed to be subjected to a Taking (as defined below), such party shall promptly notify the other party of such Taking. A "Taking" means the taking of all or any portion of the Premises or any and all access thereto as a result of the exercise of the power of eminent domain or condemnation for public or quasi - public use, or the sale or conveyance of all or any part of the Premises or any and all access thereto in lieu of or under the threat of eminent domain or condemnation. 14.2 Termination Option on Substantial Taking. If a Taking occurs during the Term that, in the reasonable judgment of Tenant, interferes with the use of the Premises for Tenant's intended use (a "Substantial Taking "), Tenant may, at its option and upon written notice to Landlord, terminate this Lease as of the date title of any of the Premises subject to such Taking is transferred to the condemning authority (the "Taking Date "). 14.3 Continuation of Lease. If a Taking occurs during the Term that is not a Substantial Taking, or if a Substantial Taking occurs but Tenant fails to exercise its termination option according to Section 14.2 above, this Lease shall remain in full force and effect according to its terms, except that, effective as of the Taking Date, this Lease shall terminate automatically as to any portion of the Premises taken, and the Rent [GM15 -1371- 016/183123/1] 11 payable during the remaining Term shall be adjusted equitably in proportion to the area taken. 14.4 Reconstruction. If a Taking occurs that is not a Substantial Taking, or if a Substantial Taking occurs but Tenant fails to exercise its termination option according to Section 14.2 above, Tenant shall proceed diligently to repair and restore the Improvements on the Land not so taken to the condition that existed immediately prior to the Taking or, if the Premises are not capable of being so repaired and restored, as closely to such condition as is reasonably practicable, and the Rent payable during the remaining Term shall be adjusted equitably in proportion to the area taken. 14.5 Awards. If any Taking occurs, all awards, compensation, damages, or other consideration paid or payable in connection with the Taking (collectively, the "Award ") shall be allocated between Landlord and Tenant as follows: (a) Landlord shall be entitled to receive any portion of the Award attributable to the taking of Landlord's fee interest in the Land, and (b) Tenant shall be entitled to receive any portion of the Award attributable to the taking of Tenant's leasehold interest and any Improvements (including, without limitation, the Building) owned or paid for by Tenant. Tenant shall also be entitled to make a claim for the value of the Tenant Equipment and any other personal property or inventory owned by Tenant, and any moving or business relocation expenses and other business damages of Tenant. In addition, and notwithstanding the foregoing, to the extent Tenant has any restoration or repair obligations pursuant to this Article XIV, any Taking compensation, damages, or consideration paid to Landlord shall be made available to Tenant and used by Tenant for the purpose of such repair or restoration. 14.6 Termination for Municipal Need. So long as Landlord is The City of Clearwater, Florida, Landlord may terminate this Lease in the event it determines that the Premises are required for any other municipal purposes by giving Tenant 60 days' written notice of the city council meeting at which such intended change in use is to be discussed, in which case (a) this Lease shall terminate in every respect, and (b) Landlord agrees to pay Tenant an amount equal to the then- unamortized Total Project Costs incurred by Tenant (which, for purposes of this Section 14.6 only, shall not exceed $3,433,496.00), which amortization shall be calculated on a straight line basis over the period starting on the Rent Commencement Date and ending on the original scheduled Expiration Date. ARTICLE XV ASSIGNMENT AND SUBLETTING 15.1 Assignment and Subletting. Except as provided in Section 15.2 below, Tenant shall not assign Tenant's interest in this Lease, including by operation of law, or sublease the Premises or any portion thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. No assignment, subletting, or other transfer shall relieve Tenant of any liability under this Lease. Tenant shall reimburse Landlord for its reasonable costs (not to exceed $500) in connection with reviewing any request by Tenant for Landlord's consent pursuant to this Section 15.1. [GM15- 1371 - 016/183123/1] 12 15.2 Permitted Transfers. Notwithstanding anything in this Lease to the contrary, Tenant may, without Landlord's consent, assign this Lease, sublet the Premises in whole or in part, or transfer any other interest of Tenant in this Lease or the Premises, to an entity (each, a "Permitted Transferee "): (a) controlled by, controlling, or under common control with Tenant; or (b) any successor to Tenant or Tenant's business by way of any merger or acquisition transaction; provided, however, in each case, the assignment, sublease, or transfer to such entity may not be undertaken primarily for the purposes of avoiding the restrictions on assignment or sublease contained in Section 15.1 above. Tenant shall not execute or deliver mortgage, deed of trust, collateral assignment of lease, security agreement, or other hypothecating instrument encumbering Tenant's interest under this Lease or leasehold estate in the Premises created by this Lease, in connection with any financing arrangement by Tenant. ARTICLE XVI END OF TERM 16.1 Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in good condition and in compliance with Tenant's maintenance and repair obligations in Section 9.1 above, normal wear and tear and Casualty damage excepted. Upon the expiration or earlier termination of this Lease, Tenant shall remove all Tenant Equipment from the Premises, but Tenant shall not be obligated to remove or restore any Tenant Work or Alterations made by Tenant to the Premises. 16.2 Holding Over. In the event Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, Tenant shall be deemed to be occupying the Premises as a tenant at sufferance, at a monthly Base Rent rate, payable in advance, equal to 125 %, for the first 90 days, and 200 %, thereafter, of the monthly Base Rent rate payable during the last month of the Term, and Tenant shall further be bound by all of the conditions, provisions, and obligations of this Lease to the extent applicable to a tenancy at sufferance. ARTICLE XVII DEFAULTS AND REMEDIES 17.1 Default by Tenant. Each of the following events shall constitute an event of default (each, an "Event of Default ") under this Lease: (a) Tenant's failure to pay any Rent when due, which failure is not cured within 10 business days after written notice by Landlord to Tenant. (b) Tenant's failure to comply with any non - monetary term, condition, or covenant of this Lease, which failure is not cured within 30 days after written notice by Landlord to Tenant; provided, however, if such default cannot reasonably be cured within 30 days, Tenant shall be entitled to such additional time as is reasonably necessary to cure such default, so long as Tenant commences curing such default within the initial 30 day period and thereafter diligently pursues such cure to completion. [GM15- 1371 - 016/183123/1] 13 (c) Tenant's vacating or abandoning the Premises, other than during Excused Periods. (d) Tenant's interest under this Lease or in the Premises is taken upon execution or by other process of law directed against Tenant, or is subject to any attachment by any creditor or claimant against Tenant, and such attachment is not discharged or disposed of within 90 days after such levy. 17.2 Landlord's Remedies. If any Event of Default occurs, Landlord shall have any and all rights and remedies available to Landlord pursuant to applicable law and /or as set forth in this Lease. A receipt by Landlord of any sum in satisfaction of any obligation with knowledge of the breach of any provision hereof shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in a writing signed by Landlord. ARTICLE XVIII MISCELLANEOUS 18.1 Estoppel Certificates. Within 20 business days following written request by Landlord or Tenant, the other party shall execute, acknowledge, and deliver to the requesting party a certificate indicating any or all of the following: (a) the date on which the Term of this Lease commenced and the date on which it is then scheduled to expire; (b) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification); (c) the then current monthly rent; (d) the date through which Rent has been paid; and (e) that, to the certifying party's actual knowledge, no default by either party exists, other than those defaults stated in such certificate. Any such certificate may be relied upon by the requesting party and (i) if Landlord is the requesting party, by any current or prospective purchaser or mortgagee, and (ii) if Tenant is the requesting party, by any current or prospective lender of Tenant or any prospective subtenant or assignee. 18.2 Non - Disturbance Agreement. Landlord shall provide Tenant with a non - disturbance agreement reasonably acceptable to Tenant, which may be included as part of a subordination, non - disturbance, and attornment agreement (a "Non- Disturbance Agreement ") executed by all future holders of any mortgages or deeds of trust on the Premises or any ground lessors of the Premises (each, a "Holder "). The entry into a satisfactory Non - Disturbance Agreement with any future Holder shall be a condition precedent to the subordination of this Lease to any future mortgage, deed of trust, or ground lease and Tenant's obligation to attorn to any future Holder. No subordination of this Lease shall operate to modify the terms of this Lease with respect to the rights of the parties to any condemnation award or insurance proceeds. 18.3 Entry By Landlord. Landlord or Landlord's agents shall have the right to enter the Premises upon reasonable notice and during Tenant's non - business hours, accompanied by Tenant's representative, to inspect the Premises. In the event of an emergency, Landlord or Landlord's agents shall have the right to enter the Premises [GM15 -1371- 016/183123/1] 14 without notice and at any time, without being accompanied by Tenant's representative. Landlord agrees to take all reasonable steps to minimize any interference with Tenant's business operations as a result of such entry. 18.4 Construction and Capitalized Terms. As used in this Lease, the singular shall include the plural and any gender shall include all genders as the context requires. All capitalized terms used in this Lease shall have the meanings set forth in this Lease. 18.5 Integration. This Lease and all documents executed by Landlord and Tenant contemporaneously or in connection herewith constitute the entire agreement between the parties hereto with respect to the matters set forth in this Lease and supersede all prior understandings and agreements, whether written or oral, between the parties hereto relating to the Premises and the transactions provided for in this Lease. Landlord and Tenant are business entities having substantial experience with the subject matter of this Lease and each have fully participated in the negotiation and drafting of this Lease. Accordingly, this Lease shall be construed without regard to the rule providing that ambiguities in a document are to be construed against the drafter. 18.6 Brokers. Each of Landlord and Tenant represents and warrants to the other that no brokers have been involved with this Lease or are entitled to a fee or commission in connection with this Lease. Each party shall indemnify, defend, and hold harmless the other party from and against all claims for broker's commissions or finder's fees by any person claiming to have been retained by the indemnifying party in connection with this transaction. 18.7 Notices. All notices, requests and demands to be given hereunder shall be in writing, sent by (a) certified mail, return receipt requested, postage pre -paid; or (b) recognized overnight courier service guaranteeing next day delivery to Landlord and /or Tenant at the address set forth below; or such other address as such party may designate by written notice given in advance. Notices sent in compliance with this paragraph shall be deemed to be delivered: (i) five days after deposit in the United States Post Office; or (ii) one day after deposit with an overnight courier. If to Landlord: City of Clearwater, City Attorney's Office Post Office Box 4748 Clearwater, Florida 33758 -4748 Attention: Asst. City Atty - -Marina If to Tenant: Clearwater Beach Seafood, Inc. d/b /a Crabby Bill's Clearwater Beach Restaurant 37 Causeway Boulevard Clearwater, Florida 33767 Attention: Gregory Powers Any party hereto may change its notice address upon written notice to the other party hereto in accordance with this paragraph. Notices by the parties may be given on their behalf by their respective counsel. [GM15- 1371 - 016/183123/1] 15 18.8 Landlord Liens. Notwithstanding anything in this Lease to the contrary, Landlord hereby subordinates any and all of its Landlord's Liens (as defined below) to the liens of Tenant's lenders. Without limiting the self - executing nature of the immediately preceding sentence, Landlord shall, within 10 business days after written request from Tenant, execute and deliver to Tenant a commercially reasonable form of subordination and access agreement in favor of any lender of Tenant. The term "Landlord's Liens" means any contractual or statutory lien rights that Landlord has or may hereafter acquire for unpaid rentals on any Tenant Equipment or other personal property or inventory now or hereafter owned by Tenant. 18.9 Force Majeure. In the event that either party is delayed or hindered in, or prevented from, the performance of any obligations in this Lease (other than the payment of monies) by reason of strikes, lockouts, labor troubles, failure of power or other utility interruptions, riots, insurrection, war, acts of God, permitting, approval, or other governmental delays, or any other reason of like or unlike nature beyond the reasonable control of the party delayed in performing work or doing acts ( "Force Majeure"), such party shall be excused for the period of time equivalent to the delay caused by such Force Maj eure. 18.10 Quiet Enjoyment. Landlord covenants that, during the Term and so long as no Event of Default (as defined in Section 17.1) by Tenant exists, Tenant shall have quiet and peaceful possession of the Premises. 18.11 Survival. All obligations of any party hereto not fulfilled at the expiration or earlier termination of this Lease shall survive such expiration or earlier termination as continuing obligations of such party. 18.12 Binding Effect. This Lease shall inure to the benefit of and be binding upon each of the parties hereto and their heirs, legal representatives, successors and assigns. 18.13 Modifications. No modification, waiver or amendment of this Lease or any provisions of this Lease shall be binding upon any party to this Lease unless in writing and signed by such party. 18.14 No Waiver. No waiver of any provision of this Lease shall be implied by any failure of either party to enforce any remedy upon the violation of such provision, even if such violation is continued or repeated subsequently. No express waiver shall affect any provision other than the one specified in such waiver, and then only for the time and in the manner specifically stated. 18.15 Captions. The captions of Articles and Sections are for convenience only and shall not be deemed to limit, construe, affect, or alter the meaning of such Articles and Sections. 18.16 Severability. If any provision of this Lease shall to any extent be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and the invalid or unenforceable provision shall be reformed, to the extent possible, in a manner [GM15 -1371- 016/183123/1] 16 that most closely gives effect to the intent of the parties, consistent with applicable Legal Requirements. 18.17 Jury Trial. Landlord and Tenant waive trial by jury in any action, proceeding or counterclaim brought by Landlord or Tenant against the other with respect to any matter arising out of or in connection with this Lease and /or Tenant's use and occupancy of the Premises. 18.18 Only Landlord /Tenant Relationship. Landlord and Tenant agree that neither any provision of this Lease nor any act of the parties shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. 18.19 Attorneys' Fees. If on account of any breach or default by any party hereto in its obligations to any other party hereto, it shall become necessary for the non - defaulting party to employ an attorney to enforce or defend any of its rights or remedies hereunder, each respective party shall be responsible for their own attorneys' fees, whether or not suit is instituted in connection therewith. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. 18.20 Counterparts; Electronic Signatures. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. Signatures given by facsimile or portable document format (PDF) shall be binding and effective to the same extent as original signatures. 18.21 Governing Law. This Lease shall be construed, governed and enforced in accordance with the laws of the state in which the Premises are located. 18.22 Recording. Upon request of either party, Landlord and Tenant shall execute a memorandum or short form of this Lease, have it properly acknowledged for the purpose of recording, and record such instrument in the proper office in the City or County in which the Premises are located. Upon request by Landlord or Tenant, in connection with any future modification of this Lease, the parties agree to execute and cause to be recorded a modification of memorandum or short form lease, in a commercially reasonable form, setting forth such modified terms. The cost of recording shall be borne by the requesting party. 18.23 Landlord's Consent. Wherever this Lease calls for Landlord's consent, approval or discretionary action, Landlord shall not unreasonably withhold, condition, delay, or exercise such consent, approval or discretionary action, except as otherwise expressly provided in this Lease. 18.24 Exhibits. Any exhibits attached to this Lease constitute a part of this Lease and are incorporated into this Lease by this reference. [GM15 -1371- 016/183123/1] 17 18.25 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a structure in sufficient quantities, may present health risks to persons who are exposed to it. Levels of radon that exceed federal and state guidelines have been found in buildings in the State of Florida. Additional information regarding radon and radon testing may be obtainable from the county public health unit. 18.26 Environmental Conditions. Tenant is leasing the Premises "as is, where is" without any additional representation regarding the environmental condition of the Premises, other than the information already provided in Addendum #1 to RFP 20 -15, which is attached as Exhibit C to this Lease. [SIGNATURE PAGE(S) TO FOLLOW] [GM15 -1371- 016/183123/1] 18 SIGNATURE PAGE TO LEASE AGREEMENT Landlord and Tenant have executed this Lease Agreement as of the Effective Date. Countersigned — �(€0lcncr George N. Cretekos, Mayor Approved as to form: Camilo A. Soto Assistant City Attorney WITNESSES: LANDLORD: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation By to,11 William B. Horne, II, City Manager Date: Leh //, ], 2016 Attest: Rosemarie Call, City Clerk TENANT: CLEARWATER BEACH SEAFOOD, INC., a Florida By: Name: Title: Julia N. (,ciSS► r\o Date: [ L/ /TS / / G ], 2016 [GM15 -1371- 016/183123/1] 19 EXHIBIT A Legal Description of Land [GM15- 1371 - 016/183123/1] 20 EXHIBIT B Annual Base Rent 1. Annual Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay "Base Rent" to Landlord for each Rental Year in an amount equal to (a) the Base Rent Rate per Square Foot for such Rental Year, multiplied by the Building Square Footage, less (b) the Project Cost Amortization Amount. 2. Definitions. The following capitalized terms used in this Exhibits have the following meanings: "Adjustment Date" means each anniversary of the Rent Commencement Date, commencing with the first anniversary of the Rent Commencement Date (i.e., the first day of the second Rental Year and each subsequent Rental Year). "Annual PPI Percentage Increase" means the increase (if any) in the PPI, stated as a percentage, over the 12 month period immediately preceding the applicable Adjustment Date. "Base Rent Rate per Square Foot" means $47.50 per square foot for the first Rental Year, increased on each Adjustment Date by an amount equal to the greater of (a) 2% or the rate for the immediately preceding Rental Year, and (b) the applicable Annual PPI Percentage Increase for the immediately preceding 12 month period. "Building Square Footage" has the meaning set forth in Section 3.7. "PPI" means the Producer Price Index by Commodity for Finished Goods (Seasonally Adjusted) (Index 1982 =100) (Series ID: WPSSOP3000), as now published by the U.S. Bureau of Labor Statistics. "Project Cost Amortization Amount" has the meaning set forth in Section 3.6. "Rental Year" means each successive 12 calendar month period during the Term, commencing on the Rent Commencement Date; provided, the last Rental Year shall end on the Expiration Date. "Rent Commencement Date" has the meaning set forth in Section 4.1. [GM15- 1371- 016/183123/1] 21 EXHIBIT C Environmental Addendum rwater } www.mvdeanvatercom ADDENDUM # 1 RFP #20 -15, Restaurant — Build, Operation, Maintenance May 20, 2015 NOTICE IS HEREBY GIVEN that the following Questions/Answers and additional information is provided in regards to the subject Request for Proposals. Question #1A: I am looking for more Information on the site, specifically a survey of the lot with the grade elevations to understand how we need to address the base flood elevation. Question #1B: Please provide a site survey of the existing site in PDF and CAD formats. Answer #1: The most current survey with grade elevations, and a CAD file have been provided via the City's FTP server. Access the site as follows: fto: //ftaserver. mvdearwate r. co m Logon: vendor Usemame: clearwater (note the lowercase "c ") Directory /Folder: Purchasing Directory/File: RFP 20 -15, RESTAURANT DEVELOPMENT The following are posted on the FTP server. 2013022 -1 West End 09.16.14.udf - site survey 20130222- ACAD2013.zia - This is the most recent survey for the RFP site; CAD fie and related information are also included. The survey represented in this fie was done to correct drainage issues and for resurfacing the parking lot, which was completed. The drainage improvements are located on adjacent City-owned property and are not on the project site. Elevation shots in the survey include the project site; however, the parking lot was subsequently resurfaced rendering the elevation shots of the asphalt surface inaccurate. Question #2: Has an asbestos and lead survey been completed on the existing building? Answer #2: To the City's knowledge there has not been a lead or asbestos survey done. [GM15- 1371 - 016/183123/1] 22 0 rater „„,„, www.mvdearwater.com Question #3: How will the property taxes be calculated on the new restaurant building? Will the city or the developer be paying the property taxes? Answer #3: Property taxes are assessed by Pinellas County. The current building tenants pay property taxes based on the building's square footage. Additional Information: It was an oversight of the City to not include in the RFP that the subject property is under a monitoring program by the Florida Department of Environmental Protection (FDEP). The City is responsible for handling all monitoring requirements. The site previously operated as a gas station. It appears that the tanks were removed in the 1980s. There have been several site assessments performed in the State Program at the site dating back to the early 1990s. The most recent assessments revealed that the site does have groundwater contamination. The contaminant levels were low, within the State's Natural Attenuation Default Concentrations. A consultant hired by the City recommended a monitor - only plan for the groundwater contamination. The site is currently in the State's Abandoned Tank Restoration Program with a low priority score of 7. When the site was last evaluated, sites with a score over 31 were given priority for assessment and cleanup. The contamination at the site is restricted to low level petroleum impacts of the groundwater. Groundwater withdrawals would cause the only potential risk for public contact with contamination. Potable and reclaimed water is provided to the site by the City and no drinking or irrigation wells exist or are used at the site. Additionally, the contamination was reported to the Florida Department of Environmental Protection and evaluated for years under their review. During that time, there have been no impacts to the operation of the restaurant business located on the site. The property's condition will not prevent development as called for in the RFP. All other dates and terms and conditions remain the same in this Invitation to Bid. [GM15- 1371 - 016/183123/1] 23 1 C N TS. This is not a survey EXHIBIT Causeway Blvd. 80' R/W N85'47' 55 E 107.50' Point of Commencement Northwest Corner i of Lot 1.3 0 C 0 0 0 ► I 99A 99 Point of Beginning N85'47' 55 E 102.50' 0 — Linetype Legend -- Lot Line — — Right —of —Way Line Property Line Abbreviation Legend D.B Deed Book R/W Right —of —Way Vac. Vacation Lot 13 585'47'55"W 10250' Lei gal Description of Premises: Water Lot 1 D.B. 1324 -109 Legal Description: City Park Subdivision Plat Book 23, Page 37 Lot 12 Commence at the Northwest corner of Lot 13 in "City Park Subdivision ", as recorded in Subdivision Plat Book 23, Page 37, of the Public Records of Pinellas County, FL., thence North 85'47'55" East along the North property line of said Lot 13, said line also being the south right —of —way line of Causeway Boulevard (an 80 —foot right —of —way), for 107.50 feet to the Point of Beginning; thence North 85'47'55" East along the North property line of Lots 12 and 13, for 102.50 feet; thence South 05'07'04" East, along a line parallel to the East line of Lot 13, for 60.00 feet; thence South 85'47'55" West, along a line parallel to the North property line of Lot 13, for 102.50 feet; thence North 05'07'04" West, along a line parallel to the East line of Lot 13, for 60.00 feet to the Point of Beginning. Containing 6149 square feet or .14 acres, more or less. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY L. Moody CHECKED BY T. Mahony Sketch and Legal Lease Area at Crabby Bill's SHEET 1 OF SECT — TWNSP —RNG 8 — 29S - DWG. No. Lgl _2016 -05 DATE DRAWN 4/11/201 €