BUSINESS LEASE CONTRACT (6)BUSINESS LEASE CONTRACT
THIS BUSINESS LEASE CONTRACT, entered into this a?day of-it&i ..a--vr.1- , 2020,
("Effective Date") between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida, having its principal
place of business at 600 Cleveland Street, Suite 600, Clearwater, Florida33755, as Lessor, and the
CLEARWATER COMMUNITY GARDENS, INC., a Florida non-profit corporation, having it principal
place of business at 1277 Grove St., Clearwater, Florida 33755, as Lessee (each individually referred
to herein as "Party" or collectively as the "Parties").
WITNESSETH:
WHEREAS, Lessor and Lessee desire to improve and strengthen the East Gateway Community
of Clearwater; and
WHEREAS, "creating more green space and recreational facilities" in the East Gateway is one
of the action items of the East Gateway Five -Year Action Program for FY 2012-2017; and
WHEREAS, a community garden is a proven community building 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 development project; and
WHEREAS, until such time 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 follows:
That Lessor does lease and Lessee agrees to lease the following premises:
Pinellas County Parcel ID Nos. 15/29/15/58788/000/0280
15/29/15/58788/000/0290
15/29/15/58788/000/0310
all being more specifically described as follows:
Lots 28, 29, 30 and 31, Re -Subdivision Lots 11, 12, 13, 14 & 15
Padgett's Estate, according to the map or plat thereof, as recorded in
Plat Book 12, Page 24, Public Records of Pinellas County, Florida
See Exhibit "A", attached hereto and incorporated herein.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised
Premises" or the "Leased Property."
1. LEASE TERM
This Lease shall commence upon the execution hereof by all parties hereto (herein, the
"Effective Date") and shall continue in full force and effect for one (1) year (herein called the "Initial
Term") unless terminated as provided for herein. Upon mutual agreement of the Parties, this Lease
may be extended annually for one one (1) year period. 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, and the rent shall be determined and payable, as provided in
this agreement. Failure to apply any annual extension as provided for in this paragraph shall result 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 writing 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 to be extended for a period of one (1) year without the execution of any further lease or other
instrument. CRA Executive Director's 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 00/100 Dollars ($1.00) annually, 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 community residents permitted by Lessee to grow and
produce horticultural plants for their consumption and enjoyment and for the consumption and
enjoyment by friends and relatives on a not-for-profit basis under the direction of Lessee. Such use is
intended to facilitate and promote community building.
4. UTILITIES
Unless otherwise provided for herein, water, sewer, electric and all other utilities of any kind shall
be billed directly 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 (i.e.
irrigation), CRA Executive Director must review and approve the location of the lines.
5. TAXES AND ASSESSMENTS
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 liens, within thirty (30) days after receiving written notice from the Lessor. In the event the Lessee
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
fails to pay all such taxes assessed or levied on the Property within thirty (30) days after receiving
written notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, which Lessee
shall immediately reimburse Lessor together with any interest, calculated at the maximum 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 this 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 stored to the rear center of the
property as indicated on Exhibit "A", shall be kept in a neat and orderly fashion and shall not create a
visual blight or produce offensive odors. Power tools (e.g. mowers, tillers) shall be stored at the rear
of the property, secured in storage units or be removed from the property when not in use. The
community garden shall 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 property in a locked storage unit and must comply with any applicable requirements 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 before sunrise or after sunset. Garden hours and Lessee's
contact information shall be conspicuously posted on the property. The use of hand tools and domestic
gardening tools is encouraged; the use of small power equipment, such as gas -powered tillers and
edgers is allowed. Gas -powered equipment which is greater than ten horsepower is prohibited.
8. SALE OF 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 sold wholesale 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 applicable law. Surplus produce and plants may be sold on the Leased Premises
during fundraising events upon the prior written approval from the CRA Executive Director, as
representative of the Lessor.
9. 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.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
10. ASSIGNMENT OR SUBLEASE
This Lease is not assignable; any attempt to assign this Lease shall nullify and void this Lease
in total. Lessee shall not, 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 the community garden. Such subleases shall be subject to all provisions
of this Lease and shall require a written waiver of liability in favor of Lessor, which shall be provided to
Lessor in advance of occupancy or use of the Leased Premises. This covenant shall 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 apply 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 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 default hereunder, or if this Lease is assigned by
Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply 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 assignee, 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 management of a community garden. Minor improvements (herein,
"Improvements") may include but may not be limited to garden boxes, irrigation facilities, water spigots,
fencing and lockable 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 or temporary bathroom facilities. Lessee's design plans shall be in accordance with
applicable law and pre -approved by Lessor including the location of Improvements and proposed
garden plots. More specifically, a proposed site plan will be provided to the CRA Executive Director for
review and approval prior to the Lessee applying for a community garden permit through the proper
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 (15) days after
notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been
furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, 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 fixtures and the like. All property
remaining on the premises after the last day of the term of this Lease shall be conclusively deemed
abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such
removal.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
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 will not insure Lessee's personal property or Improvements on the
Leased Property. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining 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 bursting, stopped up or leaking water, gas, sewer
or steam pipes.
13. PARKING
Parking is not allowed 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 ENTRY
The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable
hours, to examine the same to make such repairs, additions or alterations as may be deemed
necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of its
maintenance responsibilities as heretofore provided, all costs and charges shall be deemed additional
rent for which Lessor shall invoice to Lessee for reimbursement shall be paid within 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 applicable law.
15. RESTORING PREMISES TO ORIGINAL CONDITION
Lessee acknowledges and represents that the Leased Property is vacant land and that Lessor
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
beginning of this Lease and agrees to maintain said premises for activities authorized herein, and to
return the 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.
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 addition, the CRA/City has the
right to review Lessee's deductible or self-insured retention and to require that it be reduced or
eliminated.
Specifically. the Lessee must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis. then
coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000
(one million dollars) per occurrence and $2,000,000 (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 Employer's Liability
Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by
disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits
afforded under the laws of the State of Florida. Coverage should include Voluntary
Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage
where applicable. Coverage must be applicable to employees, contractors, subcontractors,
if any.
c. If the Lessee is using its own property or the property of City in connection with the
performance of its obligations under this Lessee, then Property Insurance on an "All Risks"
basis with replacement cost coverage for property and equipment in the care, custody and
control of others is recommended. Lessee understands the CRA/City is not responsible for
lost or damaged property and equipment.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability 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 Lease remains in effect, the Lessee
will furnish the CRA/City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the CRA/City as an "Additional Insured." In addition,
when requested in writing from the CRA/City, Lessee will provide the CRA/City with certified
copies of all applicable policies. The address where such certificates and certified policies
shall be sent or delivered is as follows:
CRA/City of Clearwater
Attn: Purchasing Department
P.O. Box 4748
Clearwater, FL 33758-4748
b. Lessee shall 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 and non-contributory coverage for
Lessee's negligence.
d. Lessee reserves the right to appoint legal counsel to provide for the Lessee's defense, for
any and all claims that may arise related to Agreement, work performed under this Lease, or
to Lessee's design, equipment, or service. Lessee agrees that the CRA/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.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the CRA/City, and failure by the CRA/City to request evidence of this
insurance shall not be construed as a waiver of Lessee's obligation to provide the
insurance coverage specified.
17. Radon Gas Notification, as required by Florida Statute 404.056(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 building
in sufficient quantities, may present health risks to persons who are exposed to it over time. 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 unit.
18. DESTRUCTION 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 through the remainder of
the term. All 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 eminent 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 additional 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 payment in lieu thereof.
20. SUBORDINATION
This Lease and the rights of the Lessee hereunder are hereby made subject and subordinate 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 furnishings on the premises owned by the Lessee. The Lessee further
agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
21. 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 Lessor
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 has commenced a diligent
effort to cure the default, within the fifteen (15) day cure period, then the cure period shall be extended
until a cure is made or Lessee discontinues an effort at curing the default.
(b) In case the Leased Premises shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i)
re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable 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 with the recovery of possession, reduction, refurbishing or otherwise changing
or preparing for reletting, 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 provided herein; or (ii) the Lessor may,
at its option, terminate this Lease by giving the Lessee fifteen (15) days written notice of such intention
served upon the Lessee or left upon the Leased Property, and the term hereof shall absolutely expire
and terminate immediately 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 following events: an assignment by Lessee for the benefit of creditors; or 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, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of
this Lease.
(d) Lessor, at its option, may terminate this Lease in the event the CRA Board determines at a
duly constituted CRA Board meeting that the Leased Premises are needed for other municipal purposes
and serves Lessee with one (1) month notice of such intended use. Such municipal use shall include,
but is not limited to, development of the Leased Property.
(e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
22. TERMINATION BY 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. MISCELLANEOUS
(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 liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns
and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by certified or
registered mail, overnight/express carrier with signature required, hand delivered, or by email to the
office of the Lessee, shall constitute sufficient notice to the Lessee, and written notice sent by certified
or registered mail, overnight/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 cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall 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 of,
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 law.
(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.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
25. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses 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 damage which shall happen 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 expiration 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.
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
shall 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 reasonable 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 unenforceability of any portion of this Lease shall in nowise affect the remaining
provisions and portions hereof.
30. CAPTIONS.
The paragraph captions used throughout this Lease are for 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.
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
31. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property.
32. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
33. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties 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 brought by either party
shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth
above.
AS TO LESSEE:
Attest:
CLEARWATER COMMUNITY GARDENS, INC.
By:
A94 -fie M7J�E/(
Print Name/Title
Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc.
AS TO LESSOR:
Approved as to form:
Michael P. Fuino
Assistant City Attorney
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
C`eDIVACr<,,L�os
George N. Cretekos, Chairperson
Attest:
./6 l 1
Rosemarie CaII
City Clerk