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TEMPORARY PARKING LOT LEASE TEMPORARY PARKING LOT LEASE THIS LEASE is made and entered into this )(p-+k day of ~ ' 2007, by and between Cotel, Inc., 5649 49th Street North, St. Petersburg, FIori a 33709, herein called "Lessor", and The City of Clearwater, a Florida Municipality, 112 South Osceola Avenue, Clearwater, Florida,33756, herein called "Lessee". WIT N E SSE T H: WHEREAS, Lessor has ownership of and control over the use of that property located at 400 East Shore 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 ofthe Premises and the mutual covenants contained in this Agreement, Lessor and Lessee hereby agree as follows: 1. TITLE. The Title of this lease is the Temporary Parking Lot Lease ("Lease"). 2. TERM. The initial term of this Lease (Lease Term) shall commence on June 21,2007 (the Commencement Date) and continue until September 30, 2008, unless earlier terminated under Paragraph 18. of this Lease. During the initial term either party may cancel the Lease by giving forty-five (45) days' notice to the other party. In the event that Lessor cancels the Lease during the initial term, Lessor shall reimburse Lessee for its documented equipment and site improvement costs. Lessee's contemplated costs are set forth in Exhibit "A", Such reimbursement shall be on a pro-rated basis, i.e., shall constitute the portion of Lessee's such costs representing a fraction whose numerator is the number of months of the initial term remaining when the cancellation occurs and whose denominator is the total number of months in the initial term. Lessee may at its sole option renew the lease for a one-year renewal period upon the same terms and conditions provided herein. During the renewal term, either party may cancel the Lease by giving sixty (60) days' notice to the other party. 3. RENT. Lessee agrees to pay the sum of $60.00 per parking space monthly for the months of September through February and $80.00 per parking space monthly for the months of March through August during the Lease Term, due on the 1 st of each month beginning July 1, 2007. Simultaneously with the execution and delivery of this Lease, Lessee shall pay the first month's rent. Lessee agrees to lease a minimum of 35 parking spaces. 4. 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. 5. SECURITY DEPOSIT Lessee agrees to pay a security deposit of $2.800.00 to secure Lessee's pledge of full compliance with the terms of this agreement. Security due Lessee to 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. 6. 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. 7. LEASEHOLD. The Lessor leases to the Lessee the following described property ["Demised Premises"], including all improvements thereon, located in Pinellas County, Florida, to wit: Lots 12,13 and 14, Block B, Barbour-Morrow Subdivision as recorded in Plat Book 23, Page 45 of the Public Records of Pinellas County, Florida 8. USE OF PREMISES. Lessee shall have the use of the entire area described in paragraph 5. 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 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 "B". 9. MAINTENANCE OF PREMISES. Lessee shall properly maintain the Demised Premises in a clean and orderly condition, except for those repairs that are assumed by Lessor. 1 O. REPAIRS AND IMPROVEMENTS; WARRANTY OF STRUCTURAL SOUNDNESS. a. Lessee agrees to make those improvements described in Exhibit "B" 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. 11. UTILITIES. There presently are no utility services on the Demised Premises. 12. QUIET ENJOYMENT. Upon payment of the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, Lessee shall peaceably and quietly hold and enjoy the Demised Premises for the term of the lease without hindrance or interruption by Lessor. 13. 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 2 comply and Lessor is entitled to immediate reimbursement from Lessee for all amounts spent to procure and maintain the insurance. 14. IRREPARABLE DAMAGE. Ifthe 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 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 spaces leased to 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 claimsof 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. 15. LIABILITY AND INDEMNIFICATION. Lessee agrees to assume all risks of the Demised Premises and all liability therefor, and shall defend, indemnify, and hold harmless Lessor, for all claims arising out of, or because of, or due to any negligent act or occurrence or omission of 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. 16. MECHANICS' LIENS. 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. 17. 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 Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. 18. TERMINATION BY LESSOR. This Agreement shall be subject to termination by 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. 19. NOTICE. Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, retum receipt requested, with postage and fees prepaid: 1. If to Lessor, addressed to: Cotel, Inc. 5649 49th Street North St. Petersburg, FL 33709 Cotel, Inc., Attn: Nilesh M. Patel Copy addressed to: 3 2. If to Lessee, addressed to: Copy addressed to: 609 W. Deleon Street Tampa, FL 33606 Michael D. Quillen Director of Engineering City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 City of Clearwater City Attorney P.O. Box 4748 Clearwater, Florida 33758-4748 20. ATTORNEYS FEES. In the event that either party seeks to enforce this Lease or to interpret any provision of this Lease, 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 si9-lJ~cj officers to execute this Lease on the date first above written. / '\ I Countersigned: pwt' Approved as to form: .e... Leslie K. Dougall-Side Assistant City Attorne Its: CITY OF CLEARWATER By:M~4A~~d1 William B. Horne, II, City Manager Attest: EXHIBIT A Cotel Temporary Parking Proposal Metered Parking wI Att'd. Costs for first 60 days 15-May-07 East Shore (adjacent to City Metered Parking Lot #43) 35 Total Spaces (includes 2 HIe) Unpaved with Millings (minor fencing) Weekend only attendant parking for 60 days while equipment acquired and installed Thereafter, Pay & Display metered parking. Hours of Enforcment 8 AM - 6 PM (Open all other times; consistent with adjacent metered lot) 15 Months beginning July, 2007, with additional year extension possible Projected Annual Revenue: 33 spaces (Sat. & Sun.) 33 Spaces (Mon - Fri) 35 Spaces (Fri-Sun including holidays; 36 total days) Total Revenue $17,424 12,705 15.120 $45,249 Projected Costs: Capital Approx. $209 I space Improvements (based on Patel lot actual costs) Revenue Control Equipment Total Capital $7,315 22.000 $29,315 Operating: Standard Parking (Temp. until equip. purchased) Rent ($80/space/month - March-Aug) Rent ($60/space/month - Sept. - Feb.) Total Operating $7,801 15,840 11.880 $35,521 Net Income -$19,587 Less: Inventory Adjustment (See * Below) $22,000 Adjusted Net Income $2.413 . Under normal circumstances the meter/control equipment is not included in project cost budget because it already is in inventory. However, in this instance, no inventory exists and equipment has to be acquired, although it will later be removed and returned to inventory for later use in the system. The adjustment shows the "net" income figure less inventory. Notes: 1. Revenue Projections based on actual data collection @ 80% occup. & 66% usage Sat. & Sun; 50% occup. & 35% usage Mon-Fri.. 2. No Charge for 2 Handicap Spaces due to metered parking. 3. Meter rates are consistent with surrounding meter rates ($1 or $1.25/ hour depending on day). 4. There is sufficient ambient lighting to operate after Sunset; however demand after 9 PM does not require extended hours. 5. Operate with Standard Parking Fri. - Sun. with extended days for July 4th & Labor Day (36 days of operation). Anticipate 60 days to make purchase / installation. , , I I N ~ , @ -@ I d \- . ~ uJ) I I ,": 10' I~ I I ,"ull I . . I .0 I ~ i~ cub ~ I I -,. Cotel f/oref-\y ~ ... ~ I " ~: I ~ ~i I I S ~.__..__._...- 1 I ~".z: , ,91 I I I I I I .' \ . \',0 \x ~v ~(i) ~,Ja-/ p<<tij Jf3W : 33 ----- -..,tt/C-piTftj '5rae~:- ~. .t lOtal fir~i~ Sfi~e.s .~. 35 ... EXHIBIT B