BUSINESS LEASE CONTRACT (4)BUSINESS LEASE CONTRACT
THIS BUISNESS LEASE CONTRACT, entered into this I 01 day of FieLicQ , 2021,
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, whose post office address is
P.O. Box 4748, Clearwater, Florida 33758-4748, as "Lessor", and LUTHERAN SERVICES
FLORIDA, INC., a Florida non-profit corporation whose principal address is 3627A West Waters Ave.,
Tampa, Florida 33614, as "Lessee", for purposes of this Lease, under the direction of the United
States Department of Health and Human Services.
WITNESSETH:
That the Lessor does lease to the Lessee the following premises consisting of approximately
42,615 square feet of land located at 701 North Missouri Avenue, Clearwater, Pinellas County,
Florida, and being more specifically described as follows:
NEW COUNTRY CLUB ADDITION, Block B, the West 115 feet of Lot 12, together
with the North 135 feet of Block C lying west of the section line, as recorded in
Plat Book 20, Page 64, Public Records of Pinellas County, Florida
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 be for Fifteen (15) years, which term will commence on March 1,
2021 and shall continue until midnight on the 28th day of February, 2036 (herein called the "Initial
Term"). The Parties shall have the option to extend the term of this lease for one successive period
of five (5) years (the "Extended Term") by written agreement. Letter correspondence shall be
sufficient as a written agreement for these purposes. No such renewal or extension shall be deemed
a waiver by Lessor of any breach or 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, except that there shall be no privilege to extend the term beyond the expiration of the
Extended Term period as hereinabove specified. The Lessee shall exercise the option to extend the
term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the
then current term. Upon such exercise, the Lessor shall notify the Lessee as to whether it agrees to
an extension, and if Lessor does agree, this Lease shall be extended without the execution of any
further lease or other instrument. Failure to exercise the option as required herein shall nullify the
option for the extended term.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept as rent during the initial term, and
any extended term of this lease, the sum of One and 00/100 Dollars ($1.00) per year, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including
but not limited to, benefits inuring to the children of Clearwater..
3. 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
as a Preschool Nursery to be conducted, operated and supervised by Lessee under terms and
conditions consistent with the Head Start/Early Head Start Program as established by the United
States Department of Health and Human Services. In addition to the use above described, Lessee
agrees that it will maintain, on a portion of the leased premises, children's playground equipment in
proper order and good repair, providing only that Lessee may make reasonable rules and regulations
concerning the persons who may use it and the times and manner in which it shall be used.
4. 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.
5. TAXES.
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 or written
notice from the applicable taxing authority, whichever is earlier. 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, which shall become
additional rent hereunder, and 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. 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 demised premises.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor
expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. 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.
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If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in 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.
8. 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 receiving written notice
from Lessee (day of receipt inclusive), 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 shall be conclusively
deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost
of such removal. It is contemplated by the parties that Lessee will install portable classrooms on the
Premises which will not violate the above restrictions as to alterations and improvements. Said
portable classrooms are and will remain the property of the Lessee. Should the installation of the
portable classrooms alter the premises as described above, Lessee shall follow the above provisions
as to notice, approval and removal without damage to Lessor's property.
9. 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 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 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.
10. 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
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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.
11. 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.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "A"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. MAINTENANCE.
Lessee shall keep the foundation, outer walls, roof and buried conduits of the premises in good
repair. 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. In the event Lessor pays any monies required to be paid by Lessee hereunder, said monies
shall become additional rent due 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.
14. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause, to
such an extent that it cannot be rebuilt or repaired within one hundred twenty (120) days after the
date of such destruction, either party may terminate this lease.
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In the event that the building should be partially damaged by fire, earthquake or other cause,
but only to such an extent that it can be rebuilt or repaired within one hundred twenty (120) days after
the date of such destruction, the lease shall be void or voidable, but not terminated, except as
otherwise provided herein. If the Lessee intends to rebuild or repair the premises at its own expense,
Lessee shall, within fifteen (15) days after the date of such damage, give written notice to Lessor of
the intention to rebuild or repair and shall proceed with reasonable diligence to restore the building
and other improvements to substantially the same condition as existed immediately prior to the
destruction. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after
rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within one
hundred twenty (120) days after the date of commencement, the Lessor, at Lessor option, may
terminate the lease.
15. 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. 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.
16. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and 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.
17. DEFAULT; REMEDIES.
(a) If the Lessee shall violate any of the 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 attorneys fees. Thereafter, it shall be
applied to the payment of damages 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
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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.
(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) Municipal Purpose: The City may terminate this Lease in the event it determines that the
Leased Premises are required for any other municipal purposes by giving ninety (90) days written
notice of such intended use, following which this Lease shall terminate in every respect, and both
parties shall be relieved of any further obligations hereunder, except that Lessee shall be responsible
for all monies due and owing hereunder at the time of such determination resulting from the operation
hereof, together with any other monies due in accordance with this Lease.
18. 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, hand delivered to the premises leased hereunder, or delivered by commercial
courier shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered
mail, hand delivered or delivered by commercial courier 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.
(f) It is hereby understood and agreed that any signs to be used by Lessee, except inside the
building, shall comply with applicable governmental rules, regulations and ordinances and shall be
further subject to the prior approval of the Lessor.
(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.
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(h) It is hereby agreed that if any sum due from Lessee is not received by Lessor within five (5)
days after such amount shall be due (due date inclusive), 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
sum 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 any sum due hereunder.
19. 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 the Lessor of any and all of the other covenants and conditions contained in this
lease to be performed by the Lessee.
20. 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.
21. 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 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.
22. "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.
23. 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
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complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
24. LESSEE OPTION TO TERMINATE
Lessee may terminate this Lease by giving ninety (90) days written notice to Lessor, following
which this Lease shall terminate in every respect, and both parties shall be relieved of any further
obligations hereunder, except that Lessee shall be responsible for all monies due and owing in
accordance with this Lease.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. 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.
28. 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 anytime, without regard to the term of this lease. This provision shall survive the
termination hereof.
29. RADON GAS NOTIFICATION
The following Radon Gas Notification, as required by Florida Statute 404.056(8) is to be
inserted into 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.
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30. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
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.
32. 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.
Countersigned:
rank Hibbard
Mayor
Approved as to form:
Lf
Laura Lipowski Mahony
Senior Assistant City Attorney
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By:
CITY OF CLEARWATER, FLORIDA
Attest:
William B. Horne II
City Manager
k..uitinakec
Rosemarie Call
City Clerk
LUTHERAN SERVICES FLORIDA, INC.
Page 9 of 10
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EXHIBIT "A"
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. Sexual Abuse and Molestation Liability Coverage, on a form acceptable to
the City and which shall cover vendor and its employees for liability arising out
of any occurrence of abuse or molestation in relation to the work provided by
vendor under the Agreement. If the Abuse and Molestation coverage is
provided on a Claims Made Form, the retroactive date must be no later than
the first date of this Agreement and such claims -made coverage must respond
to all claims reported within three (3) years following the period for which
City of Clearwater Insurance Requirements
Page 1
coverage is required. Limits should be per Claim $1,000,000, Annual
Aggregate $1,000,000, with a Deductible or Self -Insured Retention of $25,000
3. 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.
4. 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.
5. 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.
6. If the Lessee is using its own property or the property of City in connection with
the performance of its obligations under this Agreement, 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 required.
7. Such insurance shall be on a form acceptable to the City and shall cover vendor and
its employees for liability arising out of any occurrence of abuse or molestation in
relation to the work provided by vendor under the Agreement. If the Abuse and
Molestation coverage is provided on a Claims Made Form, the retroactive date must
be no later than the first date of this Agreement and such claims -made coverage must
respond to all claims reported within three (3) years following the period for which
coverage is required. Limits required are: Each Claim: $1,000,000, Annual Aggregate:
$1,000,000,Deductible or Self Insured Retention $25,000
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions:
City of Clearwater Insurance Requirements
Page 2
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 and named as a "Loss Payee" on Lessee's Property
Insurance policy. 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 and as a "Loss Payee" on the Lessee's Property
Insurance policy. 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
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.
City of Clearwater Insurance Requirements
Page 3
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 4