BUSINESS LEASE AGREEMENTBUSINESS LEASE CONTRACT
THIS LEASE CONTRACT entered into this 21 day of A6ttM85R , 2020
("Effective Date"), by and between the CITY OF CLEARWATER, FLORIDA, a Florida
Municipality, as Lessor, and CREATIVE CONTRACTORS, INC., a Florida Corporation,
as Lessee (individually referred to herein as "Party" or collectively as the "Parties").
WITNESSETH:
That the Lessor does lease to the Lessee the following described property located
in Pinellas County, Florida:
See EXHIBIT "A" attached hereto and by this reference incorporated herein.
Such property shall hereinafter be referred to as the "Leased Premises" or the
"Demised Premises" or the "Leased Property."
1. LEASE TERM.
The term of this lease shall commence on the day of closing of that certain Contract
for Purchase of Real Property by and between the Parties entered into the 2/ day
of TAN%64,ty , 2020 and shall remain in full force and effect for a period of
Eighteen (18) months from the Effective Date ("Lease Term"). If Lessee is not in default
of any lease provision, Lessee shall further have the privilege and option of terminating
this Lease prior to its expiration upon giving Lessor not Tess than sixty (60) days written
notice and fully paying any and all costs, including, but not limited to, rent, utilities, taxes
and insurance expenses for which Lessee is responsible, through the effective date of
termination.
2. RENT
(a) For the enjoyment and use of the Leased Premises referred to and
described in Exhibit "A", Lessee covenants and agrees to pay to the Lessor, without
demand, rent as provided herein. Rent payments shall begin to accrue on the Effective
Date of this Lease. Lessee shall pay to Lessor monthly rent in the amount as indicated
below, together with all applicable Florida and/or Federal Sales Tax due thereon.
(b) Commencing on the Effective Date, annual rent shall be paid in the
amount of Forty Nine Thousand Eight Hundred Sixty Eight and xx/100 Dollars
($49,868.00) (the "Annual Rent Amount") computed by calculating a percentage/factor of
seven point two eight percent (7.28%) of the appraised value of the parcel, which at the
inception of this lease is valued at Six Hundred Eighty -Five Thousand and xx/100 Dollars
($685,000.00) ("Appraised Value") which annual rent amount shall be payable in advance
in monthly installments. The first monthly rent installment of Four Thousand One Hundred
Fifty -Five and 66/100 Cents ($4,155.66) plus applicable Florida and/or Federal sales tax
due thereon shall be paid to Lessor on the Effective Date, and the remaining annual rent
installments shall be paid monthly, in advance, on or before the first day of the month
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during the term of this Lease Agreement. Said installments shall be paid when due,
without demand, to the order and in the name as directed by Lessor. The first or any
partial months' rent shall be prorated if the Effective Date does not fall on the first of the
month or for any partial month.
3. SECURITY DEPOSIT.
Lessee shall deposit with Lessor on the signing of this lease the sum of Four
Thousand One Hundred Fifty -Five and 66/100 Cents ($4,155.66) as security for the
performance of Lessee's obligations under this lease, including without limitation the
surrender of possession of the premises to Lessor as herein provided. If Lessor applies
any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit
with Lessor the amount so applied so that Lessor shall have the full deposit on hand at
all times during the term of this lease.
4. USE OF PREMISES.
The 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 premises will be used by Lessee in continuance of its business operation as a
construction company. Further, Lessee may not sublease the property.
5. UTILITIES.
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.
6. COMMON AREA MAINTENANCE AND TAXES.
Lessee shall be responsible for the common area maintenance expenses the on
the Leased Property, if applicable. 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
Lease Term, the Lessee agrees to pay all such taxes, assessments or liens, within thirty
(30) days after receiving demand for same or within thirty (30) days after receiving written
notice from the Lessor, whichever is sooner. In the event the Lessee 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, subject
to immediate reimbursement thereof 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.
7. OBSERVANCE OF LAWS AND ORDINANCES.
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Lessee agrees to observe, comply with and execute promptly at its expense during
the Lease Term, all laws, rules, requirements, orders, directives, codes, ordinances and
regulations of govemmental authorities and agencies and of insurance carriers which
relate to its use or occupancy of the Leased Premises.
8. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, which Lessor
may grant or withhold in its sole discretion, assign, mortgage, pledge, or encumber this
lease, in whole or in part. 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 or current
tenants, and Lessee is in material default hereunder, or if this lease is assigned by
Lessee, Lessor may collect rent from the assignee, unauthorized subtenant, or
unauthorized 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.
9. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or
improvements which are part of the Leased Property without the written consent of the
Lessor, and any such modifications or additions to said property shall become the
property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee
shall restore the Leased Property at Lessee's expense to its original condition. The
restrictions of this paragraph shall not apply to maintenance of the Leased Property, but
shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture
to any part of the Leased Property which cannot be removed without damage thereto. In
the event Lessee desires to make any alterations or modifications, written notice shall be
given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee
within twenty (20) days after written notice from Lessee, the proposal shall be deemed
approved. 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
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shall be conclusively deemed abandoned and may be removed by Lessor and Lessee
shall reimburse Lessor for the cost of such removal.
10. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the
Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for
any Toss 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 or any part of the building which the Leased
Premises are a part of or any loss or damage resulting to the Lessee or its property from
bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due
to the negligence of the Lessor, its agents, servants or employees.
11. 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, or of said building, or to exhibit said premises. 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.
12. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable
condition for use by Lessee. Lessee's acceptance or 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 in the same condition, order and repair as they are at the commencement of
said term, 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. The Lessee agrees to make good to said Lessor immediately upon demand,
any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or
neglect of Lessee or of any person or persons in the employ or under the control of the
Lessee.
13. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in
Exhibit "B" attached hereto and made a part hereof as if said document were fully set
forth at length herein.
14. MAINTENANCE.
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Lessor shall keep the foundation, outer walls, roof and buried conduits of the
premises in good repair, except that the Lessor shall not be called on to make any such
repairs occasioned by the negligence of the Lessee, its agents, express or implied
invitees, or employees. Lessee shall keep the inside of said premises and the interior
doors, windows and window frames of said premises in good order, condition and repair
and shall also keep the premises in a clean, sanitary and safe condition in accordance
with law and in accordance with all directions, rules and regulations of governmental
agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs
used on the premises. The plumbing facilities shall not be used for any other purposes
than that for which they are constructed and no foreign substances of any kind shall be
thrown therein, and the expense of any breakage, stoppage or damage resulting from the
violation of this provision shall be borne by the Lessee. The heating and air-conditioning
system and plumbing facilities shall be under the control of Lessee, and Lessee agrees
that all operation, upkeep, repairs and replacements will be at Lessee's expense, except
where the repairs or replacements shall be caused by the negligence or misuse by Lessor
or its employees, agents, invitees, or licensees. In the event Lessor pays any monies
required to be paid by Lessee hereunder, Lessor shall demand repayment of same from
Lessee and Lessee shall make payment within ten (10) days of receipt of said demand.
Lessee's failure to make such repayment within the ten (10) day period shall constitute a
default under the terms of this lease and all monies due shall become additional rent.
15. DESTRUCTION OF PREMISES.
In the event the building should be partially or totally destroyed by fire, earthquake,
or other cause, either party may terminate this lease. Lessor shall have no obligation to
rebuild.
16. 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 Demised 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.
17. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and
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subordinate to all bona fide mortgages now or hereafter placed upon the said premises
by the Lessor and any other owner provided, however, that such mortgages 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.
18. DEFAULT; REMEDIES.
(a) The Lessee further covenants that, if default shall be made in the payment of
rent, or any additional rent, when due, or if the Lessee shall violate any of the other
covenants of this lease and fail to correct such 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, accelerate all rents and future rents called for hereunder and Lessee shall
become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of
the premises as provided by law.
(b) In case the Leased Property 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 therefor, and may relet the
Leased Property as the agent of the Lessee and receive the rent therefor 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 attorney's 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) The 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 default by Lessee and breach of this lease.
(d) Lessor, at its option, may terminate this lease in the event the Clearwater
City Council determines at a duly constituted City Council meeting that the lease
premises are needed for other municipal purposes and serves the Lessee with one
hundred twenty (120) days -notice of such intended use.
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19. MISCELLANEOUS.
(a) The 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, or hand delivered to the Lessee hereunder, shall constitute
sufficient notice to the Lessee, and written notice sent by certified or registered mail or
hand delivered to 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.
(f) It is hereby understood and agreed that Lessee shall abide by all applicable
rules, regulations and law regarding signs.
(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.
(h) It is hereby agreed that if any installment of rent or any other sum due from
Lessee is not received by Lessor within five (5) days after such amount shall be due,
Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue
amount. The Lessor shall not be required to accept any rent not paid within five (5) days
subsequent of the date when due absent the simultaneous payment of this late charge.
The requirement for a late charge set out herein shall not be construed to create a curative
period or a grace period for the timely payment of rent.
20. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for
fire and extended coverage to be so endorsed as to waive any rights of subrogation
which would be otherwise available to the insurance carriers, by reason of any loss or
damage to the Leased Property or property of Lessor. Each party shall look first to any
insurance in its favor before making any claim against the other party. Nothing
contained herein shall in any way be considered or construed as a waiver or release by
[GM 19-1313-133/262619/1]
the Lessor of any and all of the other covenants and conditions contained in this lease
to be performed by the Lessee.
21. 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.
22. PARKING SPACES.
Lessee shall have the right to use available parking.
23. 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 occupation of, condition, maintenance, construction on or of the operation of the
Leased Property; (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. Such indemnification shall include
reasonable attorney's fees for all proceedings, trials and appeals.
24. "AS IS" CONDITION.
The Lessee accepts the Leased Premises on an "as is" basis, and Lessor shall
have no obligation to improve or remodel the Leased Premises.
25. 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.
26. JANITORIAL EXPENSES.
Lessee shall obtain janitorial services for the Leased Premises at its expense.
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27. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect
the remaining provisions and portions hereof.
28. 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.
29. 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 or, in the alternative, that such materials, wastes or
substances may be located on the property, only upon the prior written consent of the
Lessor hereunder, and only in strict accord and compliance with any and all applicable
state and federal laws and ordinances. In the event such materials are utilized, handled,
stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or
damages as may be assessed against Lessor in connection with or otherwise relating to
said hazardous materials, wastes or substances at any time, without regard to the term
of this lease. This provision shall specifically survive the termination hereof.
30. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state, and local laws during
the life of this Lease.
31. 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
unless otherwise specifically provided for herein.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and 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.
[G M 19-1313-133/262619/1]
Countersigned:
rank Hibbard
Mayor
Approved as to form:
Laura Lipowski Mahony
Senior Assistant City Attorney
s Ec,a MAY
[ G M 19-1313-133/262619/1]
By:
CITY OF CLEARWATER, FLORIDA
illiam B. Home II
City Manager
A ►-k‘C-0\& 0-k0•\CU l CAA \ie.n0.kc
Attest:
By:
Print Nam c ,ALAN ,3 est rai.s/
Title:
Rosemarie Call
City Clerk
Creative C • ntract
Ock
, Inc.
EXHIBIT "A"
Real Property ID
Nos.: 09-29-15-44352-006-0030
09-29-15-44352-006-0050
09-29-15-44352-006-0070
As more particularly legally described as:
The real property, buildings and improvements located
on the East % of Lot 2; all of Lot 3; Lot 6 less North 62.5
feet thereof, and that part of Lots 4 and 5 lying West of
ACL Railroad right-of-way, Block 6, JONES
SUBDIVISION OF NICHOLSON'S ADDITION TO
CLEARWATER HARBOR, according to the map or plat
thereof as recorded in Plat Book 1, Page 13, of the Public
Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, together with that
certain vacated alley lying between said Lots 3, 4, 5, and
6; as more fully described in O.R. Book 1522, Page 34,
Public Records of Pinellas County, Florida.
AND
Easterly 60 feet of Lot 7, and North %2 of Lot 6, Block 6,
JONES SUBDIVISION OF NICHOLSON'S
ADDITION TO CLEARWATER HARBOR, according
to the map or plat thereof, as recorded in Plat Book 1,
Page 13, Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part.
EXHIBIT "B"
CITY OF CLEARWATER INSURANCE REQUIREMENTS
The Lessee shall, at its own cost and expense, acquire and maintain (and, if applicable,
cause any contractors and subcontractors to acquire and maintain) during the term with
the 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.
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. These
insurance requirements shall not limit the liability of the Lessee. The City does not
represent that these types or amounts of insurance to be sufficient or adequate to protect
the Lessee's interests or liabilities, but are merely minimums:
1. Commercial General Liability in the amount of $1,000,000 per occurrence,
including but not limited to, bodily injury, personal injury, property damage,
premises -operations, sexual abuse, sexual harassment, contractual liability,
independent contractors, and liability assumed under an insured contract. If
Commercial General Liability Insurance or other form with a general aggregate
limit is used, the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be no less than $3,000,000.
2. Commercial Automobile Liability Insurance for any owned, non -owned,
hired or borrowed automobile is required in the minimum amount of $1,000,000
combined single limit.
3. Workers' Compensation Insurance shall be maintained during the life of this
contract in accordance with the laws of the State of Florida, for all of Lessee's
employees employed at the site. Coverage should include Voluntary
Compensation and U.S. Longshoremen's and Harbor Worker's Act coverage
where applicable.
City of Clearwater Insurance Requirements
Page 1
4. Employer's Liability Insurance shall be maintained in the minimum amount
of $100,000 each employee, each accident, and $100,000 each
employee/$500,000 policy limits for disease, and which meets all state and
federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions:
1. The City is to be specifically included as an "Additional Insured" on the
Commercial Liability Insurance, and Commercial Auto Liability Insurance
policies listed above. Coverage shall contain no special limitations on the
scope of protection afforded to the City, its officials, employees, agents or
volunteers.
2. Prior to the execution of this Agreement, and then annually upon the
anniversary date(s) of the insurance policy's renewal date(s), the Lessee will
furnish the City with a Certificate of Insurance evidencing the coverage's set
forth above and naming the City as an "Additional Insured" on the Lessee's
Commercial General Liability Insurance and Commercial Auto Liability
Insurance policies listed above. In addition, Lessee will provide the City with
certified copies of all applicable policies when requested in writing from the City.
The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Administrative Support Manager
Engineering/Production Department
P.O. Box 4748
Clearwater, FL 33758-4748
City of Clearwater Insurance Requirements
Page 2
3. Lessee shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
4. Lessee's insurance as outlined above shall be primary and non-contributory
coverage for Lessee's negligence.
5. Lessee shall defend, indemnify, save and hold the City harmless from any and
all claims, suits, judgments and liability for death, personal injury, bodily injury,
or property damage arising directly or indirectly including legal fees, court costs,
or other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and failure to request evidence of this insurance shall not be
construed as a waiver of Lessee's obligation to provide the insurance coverage specified.
City of Clearwater Insurance Requirements
Page 3